Agenda packet — Lawndale City Council, August 5, 2024 (part 2 of 2)

logo design
ad design
posters
newsletters
newspapers
magazines
books
booklets
brochures
catalogs
programs
forms
menus
flyers
stationery
and many more
Q Press
626.577.2183
626.577.2365 fax
[email protected] email
2124 Rose Villa St.

Pasadena, CA 91107 May 31, 2024
City of Lawndale
Attention: City Clerk’s Office
City Newsletter Proposal
14717 Burin Avenue
Lawndale, CA 90260
Dear Lady/Gentleman,
The second reference is from the City of El Segundo.

Organization Name: City of El Segundo
Contact Name: Rachel Cummings, Recreation Supervisor
Address: 401 Sheldon St.

City and State: El Segundo, CA
Zip Code: 90245
Telephone Number: (310) 524-2363
Email Address: [email protected]
City Newsletter Proposal
“E” - References

Page 2 ends

Pasadena, CA 91107 May 31, 2024
City of Lawndale
Attention: City Clerk’s Office
City Newsletter Proposal
14717 Burin Avenue
Lawndale, CA 90260
Dear Lady/Gentleman,
The third reference is from the City of Hawthorne.

Organization Name: City of Hawthorne
Contact Name: Gerardo Iriarte, Acting Recreation Supervisor Address: 3901 W. El Segundo Blvd.

City and State: Hawthorne, CA
Zip Code: 90250
Telephone Number: (310) 349-1640
Email: [email protected]
City Newsletter Proposal
“E” - References

Page 3 ends

Pasadena, CA 91107
City Newsletter Proposal
“F” - Supplemental Information

Page 1 ends

May 31, 2024
City of Lawndale
Attention: City Clerk’s Office
City Newsletter Proposal
14717 Burin Avenue
Lawndale, CA 90260
Dear Lady/Gentleman,
The RFP states that approx 10,800 Lawndalians to be mailed to Lawndale residential and business addresses, and approx 700 copies to be delivered to the City; a total of 11,500 copies to be printed.

We requested updated counts from the Post Office. There are 11,500 residential and business addresses in Lawndale.

We suggest to print 12,100 copies: 11,500 mailed + 600 delivered to the City.

The prices on the Cost Proposal page are valid for either quantities (11,500 or 12,100).

Sincerely,
Steven Ori, Jr.
logo design
ad design
posters
newsletters
newspapers
magazines
books
booklets
brochures
catalogs
programs
forms
menus
flyers
stationery
and many more
Q Press
626.577.2183
626.577.2365 fax
[email protected] email
2124 Rose Villa St.

Pasadena, CA 91107
City Newsletter Proposal
“F” - Supplemental Information

Page 2 ends

May 31, 2024
City of Lawndale
Attention: City Clerk’s Office
City Newsletter Proposal
14717 Burin Avenue
Lawndale, CA 90260
Dear Lady/Gentleman,
About the cost of the Translation of Text to Spanish ($990):

The cost is based on translating 4500 words, at $0.22.

In the past the number of words to be translated varied from issue to issue. Sometimes it was 4000, 3500, or even only 3000 words.

We can invoice you for the actual number of words translated.

Pasadena, CA 91107
City Newsletter Proposal
“F” - Supplemental Information

Page 3 ends

May 31, 2024
City of Lawndale
Attention: City Clerk’s Office
City Newsletter Proposal
14717 Burin Avenue
Lawndale, CA 90260
Dear Lady/Gentleman,
Q Press is also a mail house. Please consider us for mailing The Lawndalian.

We mail the recreation brochures / newsletters for the cities we work with, and also assist public schools / school districts with mailing services.

We sent out a mailer for Lawndale Elementary School District earlier this year, and will be mailing out an other one in June.

Our mail house services would include preparing The Lawndalian for simplified bulk mailing to all residential and business addresses in Lawndale, sorting/bundling/tagging, filling out the necessary postal forms, and trucking the mail-ready Lawndalians to the Post Office.

Cost: $620
Sincerely,
Steven Ori, Jr.
logo design
ad design
posters
newsletters
newspapers
magazines
books
booklets
brochures
catalogs
programs
forms
menus
flyers
stationery
and many more
Q Press
626.577.2183
626.577.2365 fax
[email protected] email
2124 Rose Villa St.

Pasadena, CA 91107
City Newsletter Proposal
“G” - Cost Proposal
Specifications:
• 16 pages newsletter, published 2 times a year
• 4 sheets of 11x17”. Finished size: 8.5 x 11”
• saddle stitched
• printed full color
• on #60 glossy recycled paper
• 11,500 copies printed: 10,800 copies to be delivered to Perry Mailing Services (in Torrance); 700 to the City. (For no extra cost we can print 12,100 copies: 11,500 mailed + 600 delivered to the City.)
• the cost includes consultation, project management, layout, graphic design, searching for and adding matching photos, illustrations, fonts and colors, retouching/enhancing pictures, proofreading, “date-checking,” any number of proofs, completing any number of changes/ revisions, Spanish translation by a certified translator, creating a press-ready file, creating a PDF, and also a flip-pages set up for your website, printing, bindery, and delivery. $40/hour
(no sales tax
need to be
added)
$40/hour
(no sales tax need to be added)
$480
(no sales tax
need to be
added)
$960
(no sales tax
need to be
added)
12 hours
18 hours
18 hours
24 hours
48 hours
72 hours
72 hours
96 hours
$40/hour
(no sales tax
need to be
added)
$720
(no sales tax
need to be
added)
$1,440
(no sales tax
need to be
added)
$190.53/
hour
(including
sales tax, and
material cost)
$4,572.72
(including
sales tax, and
material cost)
$9,145.44
(including
sales tax, and
material cost)
$55/hour
(no sales tax
need to be
added)
$990
(no sales tax
need to be
added)
$1,980
(no sales tax
need to be
added)
$6,762.72 (including sales tax)
$13,525.44 (including sales tax)
Total Cost for Four Newsletter Issue (column A x column C): ___________________________ $27,050.88 (including sales tax) 01001.0001/50590.5

CITY OF LAWNDALE

CONTRACT SERVICES AGREEMENT FOR

CITY NEWSLETTER AND GRAPHIC ARTIST AND PRODUCTION SERVICES This Contract Services Agreement ("Agreement") is made and entered into this 5th day of August, 2024, by and between the City of Lawndale, a municipal corporation ("City"), and Q Press ("Consultant"). The term Consultant includes professionals performing in a consulting capacity. The parties hereto agree as follows:

1.0 SERVICES OF CONSULTANT

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide the work and services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference. Consultant warrants that all work or services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner.

1.2 Consultant's Proposal. The Scope of Services shall include the Consultant's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction.

1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense, such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, taxes, including applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the services required by this Agreement; and shall indemnify, defend and hold harmless City against any claim for such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the work and services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement.

1.6 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services Q Press
City Newsletter and Graphic
Graphic Artist and Production Services
August 5, 2024 – June 30, 2026
2 or reasonably contemplated therein. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.

1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern.

1.8 Environmental Laws. Consultant shall comply with all applicable environmental laws, ordinances, codes and regulations of Federal, State, and local governments. Consultant shall also comply with all applicable mandatory standards and policies relating to energy efficiency.

2.0 COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of TwentySeven Thousand Fifty dollars and Eight-Eight cents ($27,050.88) ("Contract Sum"), except as provided in Section 1.6. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with the percentage of completion of the services, (iii) payment for time and materials based upon the Consultant's rates as specified in the Schedule of Compensation, but not exceeding the Contract Sum or (iv) such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures approved by the Contract Officer in advance if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.

Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation, in any month in which Consultant wishes to receive payment, no later than the first (1st) working day of such month, Consultant shall submit to the City, in a form approved by the City's Director of Finance, an invoice for services rendered prior to the date of the invoice. Except as provided in Section 7.2, City shall pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement generally within thirty (30) days, and no later than forty-five (45) days, from the submission of an invoice in an approved form.

2.3 Availability of Funds. It is mutually understood between the parties that this Agreement is valid and enforceable only if sufficient funds are made available by the City Council of the City for the purposes of this Agreement. The availability of funding is affected by matters outside the City’s Q Press
City Newsletter and Graphic
Graphic Artist and Production Services
August 5, 2024 – June 30, 2026
3 control, including other governmental entities. Accordingly, the City has the option to void the whole Agreement or to amend the Agreement to reflect unanticipated reduction in funding for any reason.

3.0 PERFORMANCE SCHEDULE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance. Consultant shall commence and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D", if any, and incorporated herein by this reference.

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall, within ten (10) days of the commencement of such delay, notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if, in the judgment of the Contract Officer, such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused; Consultant's sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term. Unless earlier terminated in accordance with Section 7.4 below, this Agreement shall begin on August 5, 2024 and continue in full force and effect until completion of the services no later than June 30, 2026.

3.5 Extensions. If, after the completion of the two (2) year agreement, both parties wish to extend the term keeping all pricing the same, the City Manager has the discretion to authorize no more than two (2) extensions each for a one (1) year term. Extensions must be confirmed by both parties, in writing, as an amendment to the agreement.

4.0 COORDINATION OF WORK

4.1 Representative of Consultant. Steven Ori, Jr. is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work or services specified herein and to make all decisions in connection therewith.

It is expressly understood that the experience, knowledge, capability and reputation of the representative was a substantial inducement for City to enter into this Agreement. Therefore, the representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the representative may not be replaced nor may his responsibilities be substantially reduced by Consultant without the express written approval of City.

Q Press
City Newsletter and Graphic
Graphic Artist and Production Services
August 5, 2024 – June 30, 2026
4 4.2 Contract Officer. The City's City Manager is hereby designated as the representative of the City authorized to act in its behalf with respect to the work and services and to make all decisions in connection therewith ("Contract Officer"). It shall be the Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. The City may designate another Contract Officer by providing written notice to Consultant.

4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred or assigned without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant taking all transfers into account on a cumulative basis. A prohibited transfer or assignment shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

5.0 INSURANCE AND INDEMNIFICATION

5.1 Insurance. Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance:
(a) Commercial General Liability Insurance. A policy of commercial general liability insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000.00 per occurrence for all covered losses and no less than $3,000,000.00 general aggregate.
(b) Workers' Compensation Insurance. A policy of workers' compensation insurance on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000.00 per accident for all covered losses. (c) Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than $1,000,000.00 per accident, Q Press
City Newsletter and Graphic
Graphic Artist and Production Services
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5 combined single limit. Said policy shall include coverage for owned, non owned, leased and hired cars.
(d) Professional Liability or Error and Omissions Insurance. A policy of professional liability insurance in an amount not less than $1,000,000.00 per claim with respect to loss arising from the actions of Consultant performing professional services hereunder on behalf of the City.

All of the above policies of insurance shall be primary insurance. The general liability policy shall name the City, its officers, employees and agents ("City Parties") as additional insureds and shall waive all rights of subrogation and contribution it may have against the City and the City's Parties and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.

All of said policies of insurance shall also provide that said insurance may be not cancelled without providing ten (10) days prior written notice by registered mail to the City. In the event any of said policies of insurance are cancelled or amended, Consultant shall, prior to the cancellation or amendment date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until Consultant has provided City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by City.

Consultant agrees that the provisions of this Section 5.1 shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant's activities or the activities of any person or persons for which Consultant is otherwise responsible. If the Consultant’s insurance policies have higher limits and coverage than those required by this contract, the City will have access to those higher limits and coverage maintained by the Consultant.

The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide or The Key Rating Guide, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances.

In the event that the Consultant is authorized to subcontract any portion of the work or services provided pursuant to this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to this Section 5.1.

5.2 Indemnification.
(a) Indemnity for Design Professional Liability. When the law establishes a professional standard of care for Consultant's services, to the fullest extent permitted by law, and except for the statutory limits set forth under California Civil Code Section 2782,8 applicable to services provided by a “design professional”, Consultant shall indemnify, defend and hold harmless City and the City's Parties from and against any and all losses, liabilities, damages, costs and expenses, including attorneys' fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees of subcontractors (or any Q Press
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Graphic Artist and Production Services
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6 entity or individual for which Consultant shall bear legal liability) in the performance of professional services under this Agreement.
(b) Indemnity for Other Than Design Professional Liability. Other than in the performance of design professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City and City's Parties from and against any liability (including liability for claims, suits, actions, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys' fees and costs, court costs, defense costs and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.

6.0 RECORDS AND REPORTS

6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require.

6.2 Records. Consultant shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.

6.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of such documents and materials. Consultant may retain copies of such documents for its own use and Consultant shall have an unrestricted right to use the concepts embodied therein. Any use of such completed documents by City for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant and the City shall indemnify the Consultant for all damages resulting therefrom. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.

7.0 ENFORCEMENT OF AGREEMENT

7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other Q Press
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7 appropriate court in such county, and Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.

7.2 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant's acts or omissions in performing or failing to perform Consultant's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.3 Waiver. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.4 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to the other party. Upon receipt of any notice of termination, Consultant shall immediately cease all work or services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for the reasonable value of the work product actually produced prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered.

7.5 Completion of Work After Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.6 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, shall be entitled to reasonable attorneys’ fees, whether or not the matter proceeds to judgment, and to all other reasonable costs for investigating such action, taking depositions and discovery, including all other necessary costs the court allows which are incurred in such litigation.

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8 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest; City. No officer or employee of the City shall have any financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is interested, in violation of any State statute or regulation.

8.3 Conflict of Interest; Consultant. Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

Consultant shall comply with all conflict of interest laws and regulations including, without limitation, City's Conflict of Interest Code which is on file in the City Clerk's office. Accordingly, should the City Manager determine that Consultant will be performing a specialized or general service for the City and there is substantial likelihood that the Consultant's work product will be presented, either written or orally, for the purpose of influencing a governmental decision, the Consultant and its officers, agents or employees, as applicable, shall be subject to the City's Conflict of Interest Code.

8.4 Covenant Against Discrimination. Consultant covenants that, by and for itself, its executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement.

Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry.

9.0 MISCELLANEOUS PROVISIONS

9.1 Notice. Any notice or other communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, City of Lawndale, 14717 Burin Avenue, Lawndale, California 90260, and in the case of the Consultant, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, agreements and understandings, if any, between the parties, and none shall be Q Press
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9 used to interpret this Agreement. This Agreement may be amended at any time by an instrument in writing signed by both parties.

9.4 Severability. Should a portion of this Agreement be declared invalid or unenforceable by a judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.5 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.

IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above.

CITY:

CITY OF LAWNDALE,
a municipal corporation
By: ________________________________
Sean M. Moore, City Manager
ATTEST:
________________________________
Erica Harbison, City Clerk
APPROVED AS TO FORM:

Aleshire & Wynder, LLP
________________________________
Gregory M. Murphy, City Attorney
CONSULTANT:

Q Press, a sole proprietorship
By: ________________________________
Name: Steven Ori, Jr.

Title: Owner
Address: 2124 Rose Villa Street
Pasadena, CA 91107
Q Press
City Newsletter and Graphic
Graphic Artist and Production Services
August 5, 2024 – June 30, 2026
A-1
EXHIBIT "A"

SCOPE OF SERVICES
Each year during the term of this Agreement, Consultant shall perform the following work for the City for each bi-annual newsletter:

1. Complete the Artwork and Production for each of the 16 page City bi-annual newsletters from email text supplied by City for a total of two (2) newsletters per year during the term of this Agreement.

2. Services to be provided are the following:
 Project management, layout, graphic design, providing generic photos, and/or including City-provided photos;
 Determining illustrations, fonts and colors, retouching/enhancing photos, proofreading and date checking;
 Creating press-ready and web-ready files in .pdf and live flippable formats; and  Full service of printing bindery and delivery.

3. City shall compile, review and submit the text for each newsletter to Consultant and review each draft until a final version has been approved by the City. Once the final version of each newsletter has been approved by the City, the Consultant shall convert the newsletter to a .pdf file and provide the .pdf file to the City for City’s use.

4. Produce 12,000 full color and bound copies of each of the two (2) biannual newsletters required during the term of this Agreement to be produced in the fall of 2024 and 2025 and the spring of 2025 and 2026.

5. Format all City-provided articles and material in English, and selected articles in Spanish, for inclusion into each newsletter for text supplied and revisions requested by the City.

6. Set up panels, select masthead, create margins, select point sizes, typefaces, columns, copy fitting and text wraps.

7. Complete an unlimited number of City requested revisions for both English and Spanish text at no extra charge and absent rush fees. Each time revisions are made, Consultant shall email the revised version of the newsletter to City for additional review(s).

8. Complete prepress and printing in full color on 8.125” x 10” #60 recycled paper for number of 16 page newsletters, as identified in Exhibit A(1), and folding as necessary to comply with United States Post Master requirements after the City has approved the final version of each newsletter.

9. Produce no fewer than 12,000 newsletters in which approximately 11,500 shall be shipped to the Post Office for mailing to all Lawndale residential and business addresses.

Q Press
City Newsletter and Graphic
Graphic Artist and Production Services
August 5, 2024 – June 30, 2026
A-1

10. Ship the remaining 500 newsletters to the Community Services Department for on-site distribution.

11. Saddle stitch all newsletters.

12. Undertake all other work necessary to complete the newsletters as directed by the City.

13. Consultant will provide the City the option of printing the newsletter on recycled paper, or paper manufactured from trees which are part of the American Tree Farm System (ATFS), the largest and oldest woodland certification system in America at no extra cost for either option.

Q Press
City Newsletter and Graphic
Graphic Artist and Production Services
August 5, 2024 – June 30, 2026
B-1
EXHIBIT "B"

SPECIAL REQUIREMENTS
If Consultant has no employees, Consultant must complete and provide the Declaration of Sole Proprietor to the Contract Officer prior to the commencement of work, signed under penalty of perjury, confirming that s/he has no employees in lieu of the requirement to provide evidence of Worker’s Compensation Insurance.

Q Press
City Newsletter and Graphic
Art and Production Services
August 5, 2024 – June 30, 2026
C-1
EXHIBIT "C"

SCHEDULE OF COMPENSATION
Each year during the term of the Agreement, Consultant shall be compensated for producing two (2) 16 page issues of the City’s newsletter for a total amount not to exceed $27,050.88 ($13,525.44 per year and/or $6,762.72 per issue). Mail house services and postage fees for delivery to residences and businesses are not included in this sum. Delivery of the newsletters to the City’s mailing service and to the City’s Community Services Department is included in this sum.

Upon City’s receipt of an approved invoice for each of the bi-annual newsletters and determination that the work has been satisfactorily completed on any particular newsletter, the City shall pay the Consultant for the work invoiced.

Each year, Consultant shall provide the graphic art and production services as outlined in Exhibit “A” for each of the two (2) newsletters. The flat rate cost for each edition of the newsletter shall be $6,762.72 and shall be calculated as follows:

Graphic Art and Translation Services as follows:
 Graphic Art, Layout and Design: 12 hours at $40.00 per hour = $480.00  Translation of Text to Spanish: Estimated 4500 words per issue at $0.22 per word = $990 (Sales tax included); to be billed for the actual number of words translated;  Revisions, Changes and Final Formatting: 18 hours at $40.00 per hour = $720.00  Sales tax is included in all of the above graphic art services costs Newsletter Production Services at a cost per issue of $4,542.75 includes the following:
 Paper, Prepress, Printing, Folding, Binding and Delivery:
24 hours at $190.53 per hour = $4,542.75.
 Sales tax is included in all of the above newsletter production services costs The cost per issue including sales tax = $6,762.72 for a total of $13,525.44 per year for two (2) newsletter issues and a total of $27,050.88 for the entire two-year term of the contract for a total of four (4) newsletter issues.

Q Press
City Newsletter and Graphic
Graphic Artist and Production Services
August 5, 2024 – June 30, 2026
D-1
EXHIBIT "D"

SCHEDULE OF PERFORMANCE
Consultant shall meet the following time tables in producing the required newsletters during the term of the agreement beginning August 5, 2024 and ending June 30, 2026:
 All tasks shall be completed as described in Exhibit “A” for the fall 2024 publication no later than September 30, 2024.
 All tasks shall be completed as described in Exhibit “A” for the spring 2025 publication no later than February 20, 2025.
 All tasks shall be completed as described in Exhibit “A” for the fall 2025 publication no later than August 20, 2025.
 All tasks shall be completed as described in Exhibit “A” for the spring 2026 publication no later than February 20, 2026.

CITY OF LAWNDALE
14717 BURIN AVENUE, LAWNDALE, CALIFORNIA 90260
PHONE (310) 973-3200 ♦ www.lawndalecity.org
DATE: August 5, 2024
TO: Honorable Mayor and City Council
FROM: Sean M. Moore, City Manager
PREPARED BY: Jason Minter, Community Services Director
SUBJECT: Approval of Resolution and Agreement for Measure A Grant Funds

BACKGROUND
On November 8, 2016, the voters of Los Angeles County approved the Safe, Clean Neighborhood Parks, Open Space Beaches, Rivers Protection, and Water Conservation Measure (Measure A). The Measure designated the Los Angeles County Regional Park and Open Space District to administer these grant funds. The City of Lawndale is eligible for Measure A Grant Funds, however the City is required obtain jurisdictional support before submitting any applications for funds.

STAFF REVIEW
Measure A Funds are currently identified as one of the funding sources for the Youth Development Center Project, as approved by City Council in March of 2024. As stated in the staff report from March, there is currently $1,100,000 in funding available, with an additional $180,000 available later this year. Additional amounts of approximately $180,000 will also be available in 2025 and 2026, bringing the total to an estimated $1,640,000. This funding is restricted to recreation based projects of which the skatepark and teen center portions of the project are eligible.

LEGAL REVIEW
The City Attorney has reviewed the attached Resolution and Annual Allocation Grant Agreement as to form.

FISCAL IMPACT
There is no direct fiscal impact to the approval of this Resolution, however without jurisdictional approval the City can not apply for project specific Grant Funds through Measure A.

RECOMMENDATION
Staff recommend that City Council approve Resolution CC 2408-091 to be eligible for Measure A Grant Funds through the Los Angeles County Regional Park and Open Space District.

Attachments
A. Measure A Blanket Resolution.8.5.2024.pdf B A46 L d l M t A t lti i t df p B. A46_Lawndale_Master Agreement_multisignature.pdf
Resolution No. CC-2408-091
Measure A Blanket Resolution – Regional Park and Open Space District RESOLUTION NO. CC-2408-091

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF LAWNDALE, CALIFORNIA

APPROVING THE BLANKET AUTHORITY TO

FILE APPLICATIONS FOR GRANT FUNDS FROM THE

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT

FOR MEASURE A FUNDING FOR PROJECTS AND PROGRAMS
WHEREAS, the voters of the County of Los Angeles on November 8, 2016, approved the Safe, Clean Neighborhood Parks, Open Space Beaches, Rivers Protection, and Water Conservation Measure (Measure A); and
WHEREAS, Measure A also designated the Los Angeles County Regional Park and Open Space District (the District) to administer said funds; and WHEREAS, the District has set forth the necessary policies and procedures governing the application for grant funds under Measure A; and
WHEREAS, the District’s policies and procedures require the governing body of the City of Lawndale to approve of the filing of an application before submission of said application to the District; and
WHEREAS, said application contains assurances that the City of Lawndale must comply with; and
WHEREAS, the City of Lawndale will enter into Agreement(s) with the District to provide funds for acquisition projects, development projects, and/or programs.

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

1. Approves the blanket authority to file applications with the Los Angeles County Regional Park and Open Space District for Measure A Funds for projects or programs; and

2. Certifies that the City of Lawndale understands the assurances and will comply with the assurances in the application form; and

3. Appoints the City Manager, or designee, to conduct all negotiations, and to execute and submit all documents including, but not limited to, applications, agreements, amendments, payment requests and so forth, which may be necessary for the completion of projects or programs.

Passed, approved and adopted this 5th day of August, 2024 _______________________________
Robert Pullen-Miles, Mayor
Resolution No. CC-2408-091
Measure A Blanket Resolution – Regional Park and Open Space District ATTEST:

State of California )
County of Los Angeles ) SS
City of Lawndale )
I, Erica Harbison, City Clerk of the City of Lawndale, California, do hereby certify that the City Council of the City of Lawndale duly approved and adopted the foregoing Resolution No. CC-2408-091 at a regular meeting of said Council held on the 5th day of August, 2024, by the following roll call vote:

Name Voting Present, Not Voting Absent Aye No Abstain Not Participating Robert Pullen-Miles, Mayor
Bernadette Suarez, Mayor Pro Tem
Sirley Cuevas
Rhonda Hofmann Gorman
Pat Kearney
_______________________________
Erica Harbison, City Clerk
APPROVED AS TO FORM:
______________________________
Gregory M. Murphy, City Attorney
Measure A Annual Allocation Grant Agreement
1 PARTIES TO AGREEMENT
RPOSD: GRANTEE:

Los Angeles County
Regional Park and Open Space District
1000 South Fremont Avenue, Unit #40
Building A-9 East, Ground Floor
Alhambra, CA 91803
City of Lawndale
14717 Burin Avenue
Lawndale, CA 90260
This Annual Allocation Grant Agreement ("Agreement") is made and entered into by and between the City of Lawndale (“Grantee”) and the Los Angeles County Regional Park and Open Space District (“RPOSD”). Grantee agrees to complete Annual Allocation projects as described in any Notice to Proceed (“NTP”), a subordinate agreement executed wholly within and subject to the provisions of this Agreement, approved by RPOSD, acting through the Director of the County of Los Angeles Department of Parks and Recreation, and pursuant to Measure A.

RECITALS
WHEREAS, RPOSD, acting through the Director of the County of Los Angeles Department of Parks and Recreation and Measure A, is authorized by the County of Los Angeles Board of Supervisors, acting in its capacity as the governing body of the RPOSD, to implement Measure A and administer Measure A grants;
WHEREAS, Grantee is a public entity eligible for Annual Allocation awards; and WHEREAS, this Agreement is authorized by Measure A;
THEREFORE, in consideration of the mutual covenants, promises, and representations herein, RPOSD and Grantee agree as follows:

Definitions
Annual Allocations: Annual grant funds allocated pursuant to Section 5, subdivision (b) of Measure A.

Board of RPOSD: The County of Los Angeles Board of Supervisors acting in its capacity as the governing body of the RPOSD.
2 Good Standing: Good Standing is when an agency or organization is in compliance with all requirements stated in the guidelines, policies, and procedures of RPOSD for both Proposition A and Measure A. Good Standing is required of Grantees in order for payment requests to be processed and to receive or apply for any grant funds from RPOSD.

Grants Administration Manual (GAM): The document that details the policies and procedures for administering grants awarded by RPOSD. From time to time, it shall be amended or changed by RPOSD as described in this agreement.

Grants Management System (GMS): The online Grants Management System used by RPOSD to track Measure A grant-funded projects.

Measure A: The Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure to levy a special tax and issuing bonds approved by voters on November 8, 2016.

Notice to Proceed (NTP): A subordinate agreement executed wholly within and subject to the provisions of this Agreement, for the performance of deliverables as described in the Notice to Proceed (Attachment A). Upon issuance by RPOSD, the NTP confirms approval of an identified project and a specified grant amount and authorizes Grantee to commence performance of said project. The NTP shall include the specifics of the approved project, such as the scope of work, funding award, and performance period for the project.

NTP Performance Period: The timeframe within which Grantee is to complete a project as detailed in each Work Plan. Project costs must be incurred within the NTP Performance Period for each project to be eligible for reimbursement.

Project: Acquisition, development, planning and design/or innovation projects utilizing Annual Allocation funding, and as set forth in an executed NTP.

Scope of Work: Grantee’s written description of tasks and deliverables for a project, as set forth in the Work Plan.

Work Plan: A plan that detailsthe proposed elements of a project: scope of work, deliverables, timeline, budget, land tenure, perpetuity plan, community engagement plan, funding acknowledgement, and attachments (as needed).
3 TERMS AND CONDITIONS
Article 1: Conditions
A. This Agreement applies to all grant funds allocated to Grantee for projects which Grantee has applied for, and which have been approved by RPOSD, as evidenced by the issuance of an NTP.

B. The Work Plan and its required attachments, and any subsequent changes or additions approved by RPOSD, are hereby incorporated in this Agreement as though set forth in full.

C. The GAM, and any subsequent changes or additions thereto, and the Measure A Resolution are also hereby incorporated in this Agreement as though set forth in full.

D. As per the approved NTP(s), RPOSD grants the Grantee a sum of money not to exceed the budget amount, in consideration and on the condition that the sum be solely expended for the purposes set forth in the NTP Scope of Work for the approved Work Plan and under the terms and conditions set forth in this Agreement.

E. Grantee acknowledges that it may be required to furnish any additional funds necessary to complete the project approved in the NTP.

F. Any non-recreational use of the project area must be preapproved in writing by RPOSD, and if approved, Grantee agrees that any gross income earned from such nonrecreational uses of the project shall be used for recreation development, additional acquisition, operation or maintenance at the project site, unless RPOSD approves otherwise in writing.

G. Grantee agrees that any gross income that accrues to a grant-assisted development project authorized by the NTP during and/or as part of the construction, from sources other than the intended recreational uses, also shall be used for further development of that particular project described in the NTP, unless RPOSD approves otherwise in writing.

Article 2: Term of Agreement
This Agreement is effective upon the date it is fully executed by the Grantee and Director of RPOSD or their designees (“Effective Date”) and will remain in effect in perpetuity unless terminated by RPOSD upon written notice.

Article 3: Counterparts and Electronic Signatures
A. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same 4 Agreement. The email or electronic signature of the parties shall be deemed to constitute original signatures, and electronic copies hereof shall be deemed to constitute duplicate originals.

B. RPOSD and Grantee hereby agree to regard electronic representations of original signatures of authorized officers of each party, when appearing in appropriate places on the Amendments and received via communications facilities (email or electronic signature), as legally sufficient evidence that such legally binding signatures have been affixed to Amendments to this Agreement.

Article 4: Grant Funds
Grantee will not be entitled to any payment by RPOSD under this Agreement except pursuant to an authorized NTP for each project. Grant funds will be disbursed and used solely by the Grantee in accordance with the Work Plan defined in the NTP for each project, subject to the provisions of this Agreement. Grantee may not combine or carryover funds remaining in one project to another. Grantee understands that grant funds are not a gift and agrees that RPOSD is granting funds for Grantee to complete the work authorized in each NTP.

Article 5: Expenditure of Grant Funds and Allocation of Funds Between Budget Items Grantee shall expend grant funds consistent with the approved NTP, which incorporates by reference the Work Plan. Any revisions to the budget that attempts to shift funds from approved budget items into a different category must be identified in a revised Work Plan within the GMS and approved in advance by RPOSD. RPOSD may withhold payment for items which exceed the amount allocated in the Work Plan which have not received the approval required herein. Any RPOSD approved increase in the funding for any budgeted item may result in a corresponding decrease in the funding for one or more other budgeted items.

Article 6: Project Costs and Reimbursements
RPOSD shall reimburse to Grantee, in accordance with the authorized NTP’s budget, a total amount not to exceed the amount of the NTP, as follows:

A. RPOSD shall reimburse funds for eligible costs incurred to date, up to 90% of the grant amount specified in the NTP, upon the Grantee’s satisfactory progress and upon submission of an electronic claim form(s), which shall be submitted no more frequently than every 45 days. RPOSD shall disburse the final 10% upon the Grantee’s satisfactory completion of the project, submission of required documentation, and approval by RPOSD. Project costs must be incurred within the NTP Performance Period to be eligible for reimbursement.

B. Grantee shall request reimbursements by submitting a claim to RPOSD through the GMS and complete all forms and requirements of the claim process. RPOSD will only 5 reimburse for actual costs incurred and verified. The form shall also indicate cumulative expenditures to date and expenditures during the reporting period.

C. Claim for reimbursement must be signed by Grantee’s authorized representative.

Each claim form shall be accompanied by:

1. All receipts and any other source documents for direct expenditures and costs that Grantee seeks reimbursement for.

2. Invoices from vendor(s) that Grantee engaged to complete any portion of the work funded under this Agreement and proof of payment (credit card statement, cleared checks) and any other source documents for costs incurred and expenditures by any such vendor(s), unless RPOSD makes a specific exemption in writing.

D. RPOSD, in its sole discretion, may deny reimbursement requests that do not comply with reimbursement requirements or lack sufficient documentation.

Article 7: Indirect Overhead Costs
Grantee may request reimbursement of its indirect overhead costs in accordance with the GAM.

Article 8: Project Completion
Grantee shall complete the project by the Performance Period identified in the approved NTP.

Upon completion of a project, Grantee shall provide RPOSD with evidence of completion by submitting:

1. All deliverables specified in the Work Plan, each in a format(s) approved by RPOSD (for example, paper, digital, photographic);

2. Electronic submission of the final claim;

3. All required documentation as required by RPOSD.
6 Article 9: Deed Restriction
Grantee shall cause to be recorded on the title of any real property acquired and/or developed with funds from the Measure, a deed restriction requiring compliance with the Measure A resolution, in perpetuity consistent with the applicable provisions in the GAM.

Article 10: Funding Acknowledgement
Grantee is required to acknowledge RPOSD’s financial assistance for each project that has been awarded funding consistent with the conditions set forth in the GAM, which may include, without limitation: (1) printed and promotional materials, (2) social media, and (3) project signage.

Article 11: Severability
If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable.

Article 12: Change of Use/Disposal
To use the property only for the purposes of Measure A and to make no other use, sale, or disposition of the property, except as described in Paragraph (A). (A) If the use of the property acquired through grants pursuant to this resolution is changed to one other than a use permitted under the category from which the funds were provided, or the property is sold or otherwise disposed of, an amount equal to the (1) amount of the grant, (2) the fair market value of the real property, or (3) the proceeds from the portion of such property acquired, developed, improved, rehabilitated or restored with the grant, whichever is greater, shall be used by the recipient for a purpose authorized in that category or shall be reimbursed to the Parks Fund and shall be available for a use authorized in that category.

If the property sold or otherwise disposed of is less than the entire interest in the property originally acquired, developed, improved, rehabilitated or restored with the grant, an amount equal to the proceeds or the fair market value of the property interest sold or otherwise disposed of, whichever is greater, shall be used by the Grantee for a purpose authorized in that category or shall be reimbursed to the Parks Fund and be available for a use authorized in that category. Nothing in this Section shall limit a Public Agency from transferring property acquired pursuant to this order to the National Park Service or the State Park System, with or without consideration. 7 In either instance, Grantee must provide documentation to RPOSD detailing the benefits that the disposal or partial disposal of property will provide to the residents of Los Angeles County, consistent with Measure A.

Article 13: Community Outreach and Engagement
Grantee must conduct community outreach and engagement that meet the minimum requirements, as defined in the GAM, with the intent to ensure that communities throughout Los Angeles County are aware of and can help determine spending priorities for their projects, and to facilitate a transparent process by which agencies report use of Measure A funds.

Article 14: Indemnification and Hold Harmless
Grantee shall indemnify, defend and hold RPOSD, its officers, and employees harmless from and against any and all liability to any third party for or from loss, damage or injury to persons or property in any manner arising out of, or incident to, the performance of this Contract or the planning, arranging, implementing, sponsoring or conducting of the Project or any other operation, or activity by the Grantee; and from all costs and expenses, including attorney’s fees, in any action or liability arising under this Contract or the planning, arranging, implementing, sponsoring or conducting of the Project or any other operation, or activity by the Grantee. RPOSD shall have no liability for any debts, liabilities, deficits, or cost overruns of the Grantee. Grantee and RPOSD agree that the liability of the RPOSD hereunder shall be limited to the payment of the grant monies pursuant to the terms and conditions of this Agreement and the GAM. Any contracts entered into, or other obligations or liabilities incurred by, Grantee in connection with the Project or otherwise relating to this Agreement shall be the sole responsibility of Grantee, and RPOSD shall have no obligation or liability whatsoever thereunder or with respect thereto.

Article 15: Performance and Development
A. Grantee agrees to promptly submit any reports or documentation that RPOSD may request.

B. If the project described in the approved NTP includes development, Grantee shall ensure that projects adhere to environmental and sustainability efforts consistent with the Safe, Clean Neighborhood Parks, Healthy Communities and Urban Greening Program; Natural Lands, Open Spaces and Local Beaches, Water Conservation and Watershed Protection Program; Regional Recreation Facilities, Multi-Use Trails and Accessibility Program. Examples including but are not limited to: sustainability, costsaving energy efficiency, weatherization, stormwater capture, water efficiency, including irrigation efficiency, use of reclaimed water or stormwater, and use of climate and site appropriate native California tree and plant materials. 8 C. If the project described in the approved NTP includes acquisition of real property, Grantee agrees to furnish RPOSD with evidence of title, such as preliminary title reports. RPOSD, at its sole discretion, shall determine whether the evidence is acceptable under this Agreement. Grantee agrees in negotiated purchases to correct, prior to or at the close of escrow, any defects of title that in the opinion of RPOSD might interfere with the operation of the Project. In condemnation actions, such title defects must be eliminated by the final judgment.

Article 16: Amendments
As provided herein, no amendment (including without limitation, deletions) of any of the terms or conditions of the Agreement will be effective unless provided in writing signed by all parties. It is the responsibility of Grantee to ensure that any person who signs an amendment on its behalf is duly authorized to do so.

Article 17: Compliance with Laws
Grantee shall at all times comply with all applicable federal, state and local laws, statutes, rules, regulations, ordinances, directives, guidelines, and policies and procedures.

Article 18: Governing Law, Jurisdiction, and Venue
This Agreement will be governed by, and construed in accordance with, the laws of the State of California. Grantee agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this Agreement and further agrees and consents that venue of any action brought hereunder will be exclusively in the County of Los Angeles.

Article 19: Notices
All notices permitted or required to be given under this Agreement shall be in writing by mail with an email copy to [email protected].

Article 20: Audits, Accounting, Records
A. Grantee agrees to maintain accurate and complete financial records of its activities and operations relating to this Agreement and for each executed NTP in accordance with generally accepted accounting principles.

B. Grantee also agrees to retain such financial accounts, documents and records for a minimum of five (5) years following completion of each project.

C. Grantee and RPOSD agree that during regular office hours, RPOSD or its duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the other party pertaining to this Agreement or matters 9 related thereto. Grantee agrees to maintain, and make available for RPOSD inspection, accurate records of all its costs, reimbursements and receipts with respect to its activities under this Agreement.

At any time during the term of this Agreement or at any time within five years after termination of this Agreement, authorized representatives of RPOSD may conduct an audit of Grantee for the purpose of verifying appropriateness and validity of expenditures that Grantee has submitted to RPOSD for reimbursement under the terms of this Agreement.

D. Grantee, within thirty (30) days of notification that an audit has resulted in the exception of expenditures, may dispute the audit findings in writing to RPOSD and provide RPOSD with records and/or documentation to support the expenditure claims.

RPOSD shall review this documentation and make a final determination as to the validity of the expenditures.

E. If Grantee has received all grant monies prior to the audit, or if remaining grant monies are insufficient, and if said audit reveals expenditures that cannot be verified or that were paid in violation of the terms of this Agreement, Measure A or the GAM, Grantee shall pay RPOSD an amount equal to these expenditures within sixty (60) days after receiving written notification of the expenditures disallowed and the reason for the disallowance.

Article 21: Computer Software
Grantee certifies that it has instituted and will employ systems and controls appropriate to ensure that, in the performance of this Agreement, RPOSD funds will not be used for the acquisition, operation or maintenance of computer software in violation of copyright laws.

Article 22: Nondiscrimination
Grantee shall not discriminate against any person on the basis of race, color, sex, sexual orientation, age, religious belief, national origin, marital status, physical or mental handicap, medical condition, or place of residence in the use of any property or facility acquired or developed pursuant to this Agreement.

Article 23: Independent Capacity
This Agreement is by and between RPOSD and Grantee and is not intended to create the relationship of agent, servant, employee, partnership, joint venture, or association, as between RPOSD and Grantee. The employees and agents of one party must not be, or be construed to be, the employees or agents of the other party for any purpose whatsoever.

Article 24: Assignment
10 Grantee shall not assign, exchange, transfer, or delegate its rights or duties under this Agreement, whether in whole or in part, without the prior written consent of RPOSD, in its discretion.

Article 25: Good Standing
Good Standing is required of Grantees to receive any grant funds and processing of claims from RPOSD.

Article 26: Timeliness
Time is of the essence in this Agreement.

Article 27: Publicity of Project Information
Grantee shall give RPOSD the right and opportunity to use information gained from a project described in the approved NTP.

A. Grantee agrees to utilize best efforts to provide a minimum of 30 days’ notice of the project grand openings, inauguration, dedications, significance, and completion to RPOSD staff and to the County Supervisor’s Office in which the project described in a work plan is located, as well as to other appropriate public officials.

B. Grantee shall provide quality digital photographs of the pre-construction site and completed project described in the work plan to RPOSD. If unable to provide digital photographs (collectively, “Photographs”) then Grantee shall provide quality printed Photographs of the completed project described in the work plan.

Article 28: Authorization Warranty
Grantee represents and warrants that the person executing this Agreement on behalf of Grantee is an authorized agent who has actual authority to bind Grantee to each and every term, and condition, and obligation of this Agreement and that all requirements of the Grantee have been fulfilled to provide such actual authority.

Article 29: Conflict of Interest
A. No RPOSD employee whose position with RPOSD enables such employee to influence the award of this Agreement or any subsequent NTP, and no spouse or economic 11 dependent of such employee, shall be employed in any capacity by Grantee or have any other direct or indirect financial interest in this Agreement. No officer or employee of Grantee who may financially benefit from the performance of work hereunder shall in any way participate in RPOSD's approval, or ongoing evaluation, of such work, or in any way attempt to unlawfully influence RPOSD's approval or ongoing evaluation of such work.

B. Grantee shall comply with all conflict of interest laws, ordinances, and regulations now in effect, or hereafter to be enacted, during the term of this Agreement. Grantee warrants that it is not now aware of any facts that create a conflict of interest. If Grantee hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it shall immediately make full written disclosure of such facts to RPOSD. Full written disclosure shall include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances.

Failure to comply with the provisions of this Article 30 shall be a material breach of this Agreement.

Article 30: Validity
If any provision of this Agreement or the application thereof to any person or circumstance is held invalid, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby.

Article 31: Waiver
No waiver by RPOSD of any breach of any provision of this Agreement shall constitute a waiver of any other breach or of such provision. Failure of RPOSD to enforce at any time, or from time to time, any provision of this Agreement shall not be construed as a waiver thereof. The rights and remedies set forth in this Article shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement.

Article 32: Long Term Obligations
A. With the written consent of RPOSD, Grantee may transfer property acquired with funds granted under this Agreement to another public agency; to a nonprofit organization authorized to acquire real property for park, wildlife, recreation, community, open space, or gang prevention and intervention purposes; or to the California Department of Parks and Recreation, National Park Service, or the US Forest Service, at de minimis cost, provided that approval by RPOSD is obtained prior to the change and any such successor to the recipient assumes the obligations imposed under the Measure and to accept assignment of this Agreement. Under these conditions, Grantee shall not be required to reimburse RPOSD. Any such transfer must require the nonprofit or public entity acquiring the property to enter into a written contract with RPOSD and agree to comply with the terms of Measure A and this Agreement. 12 B. Grantee agrees to provide for reasonable public access to lands acquired in fee with grant monies, including the provision of parking and public restrooms, except when that access may interfere with resource protection.

C. All facilities shall be open to members of the public generally, as noted in the GAM.

Grantee agrees that property and facilities acquired or developed with Measure A funds as per this Agreement shall be available for inspection upon RPOSD’s request, in perpetuity.

D. Grantee agrees to maintain and operate in perpetuity the property acquired, developed, rehabilitated or restored with grant monies, subject to the provisions of Measure A and this Agreement.

E. Grantee agrees to take all reasonable measures to actively oppose, at its sole expense, any proposal or attempt to act upon, exercise, or assert claims as to reserved rights to the grant funded property that are contrary to the purposes of Measure A, GAM and/ or this Agreement, including but not limited to oil, gas, and other hydrocarbon substances; minerals; water; and/or riparian resources. The above notwithstanding, Grantee has no obligation hereunder to initiate litigation challenging any project or proposal based on a reserved right lawfully recorded against the grant funded property in real property records maintained by the Los Angeles County Recorder’s Office.

Article 33: Breach
A. Grantee agrees that compliance with the terms of this Agreement will have significant benefits to Los Angeles County and its constituents. Because such benefits exceed the amount of funds furnished under these provisions, Grantee agrees that any breach would result in incalculable loss, and therefore, any payment by the Grantee to RPOSD of an amount equal to the amount of the funds would be inadequate compensation.

In the event that Grantee breaches any of the terms, covenants, representations, or conditions of this Agreement, RPOSD may elect to enforce any and all remedies available at law or in equity, including without limitation, any of the following:

1. Prior to reimbursement of funds:
a. Withdrawal of an approved NTP;

2. After payment (partial or full) of a specific project approved through an NTP:
a. Seek specific performance of Grantee’s obligations under this Agreement; b. Receive reimbursement of grant funds awarded under the NTP.

B. If RPOSD brings an action to enforce the terms of this Agreement, Grantee shall be responsible to pay RPOSD’s attorney’s fees and costs, including expert witness costs, if RPOSD prevails in said action.
13 C. The foregoing remedies are cumulative and may be exercised independently or in combination and are not exclusive to one another or to any other remedies available at law or in equity. In the event RPOSD must pursue any remedy hereunder and is the substantially prevailing party, RPOSD shall be awarded its costs and reasonable legal fees, including costs of collection.

Article 34: NTP Termination
RPOSD may withdraw, in whole or in part, an NTP and/or terminate this Agreement, and/or seek a refund of payments already made if RPOSD determines in its discretion that:

1. Facts have arisen, or situations have occurred, that fundamentally alter the expectations of the parties or make the purposes for an NTP or grant funds approved as contemplated infeasible or impractical;

2. Any material modifications in the scope or nature of a project have occurred from that which was presented in the NTP and such material modifications have not received the prior written approval of RPOSD;

3. Any statement or representation made by Grantee in the NTP, the grant status update report, and back up documents, or is otherwise untrue, inaccurate or incomplete in any material respect;

4. The results of RPOSD’s review of the grant status update report are not acceptable to RPOSD;

5. The project described in the NTP will not or cannot be completed by the NTP Performance Period or any extensions granted thereto or delays in the implementation of the project have occurred which, in RPOSD’s judgment, make the project impracticable;

6. Title to or encumbrances against the property are or become such that the Grantee is unable to complete the project described in the NTP and/or the property becomes unavailable for public use.

Article 35: Regulatory Requirements
A. Grantee will not enter into any contract, agreement, lease or similar arrangement, or agree to any amendment or modification to an existing contract, agreement, lease or similar arrangement, that in RPOSD’s opinion, violates federal regulations restricting the use of funds from tax-exempt bonds. Any proposed operating contracts, leases, concession contracts, management contracts or similar arrangements with nongovernmental entities that restrict the public use of the project site for (30) thirty consecutive days or more, must be reviewed by RPOSD prior to awarding as they relate to the project or project site in perpetuity. Any such contracts in existence must be disclosed prior to construction.
14 B. Grantee (or its representative) shall comply as lead agency with the California Environmental Quality Act (CEQA), Public Resources Code, Section 21000, et. seq.

CEQA documents must be recorded with and stamped by the Los Angeles County Registrar Recorder.

Grantee shall add RPOSD to the notification list for CEQA requirements as stated in the GAM.

C. Grantee and RPOSD will conform to the requirements of Government Code Section 7920.000, et seq. in making all documents relating to this Agreement, the grant obtained and all other related matters available for public review during regular business hours. If an NTP involves acquisition of property, however, both RPOSD and Grantee may withhold from public review any and all documents exempted under Section 7928.705, prior to completion of said acquisition.

D. If RPOSD is required to defend an action on a Public Records Act request for any of the contents of a Grantee’s submission under the terms and conditions of the Agreement, Grantee agrees to defend and indemnify RPOSD from all costs and expenses, including attorneys’ fees, in any action or liability arising under, or related to, the Public Records Act.

E. In order to maintain the exclusion from gross income for federal income tax purposes of the interest on any bonds, notes or other evidences of indebtedness issued for the purpose of providing the grant monies made available in this Agreement, Grantee covenants to comply with each applicable requirement of Section 103 and Sections 141 through 150, inclusive, of the Internal Revenue Code of 1986, as amended. In furtherance of the foregoing covenant, Grantee hereby agrees that it will not, without the prior written consent of RPOSD, (a) permit the use of any portion of the project(s) by any private person or entity, other than on such terms as may apply to the public generally; or (b) enter into any contract for the management or operation of the project or any portion thereof, except with a governmental agency or a nonprofit corporation that is exempt from federal income taxation pursuant to Section 501(c)(3) of the Internal Revenue Code.

F. Grantee and each County lobbyist or County lobbying firm, as defined in Los Angeles County Code Section 2.160.010, retained by the Grantee, shall fully comply with the County Lobbyist Ordinance, Los Angeles County Code Chapter 2.160. Failure on the part of Grantee or any County lobbyist or County lobbying firm to fully comply with the County Lobbyist Ordinance shall constitute a material breach of this Agreement, upon which RPOSD may terminate or suspend this Agreement.
15 IN WITNESS WHEREOF, Grantee and RPOSD have caused this Agreement to be executed by their duly authorized representatives as of the latter day, month and year written below.

GRANTEE:

By: ________________________________ By: ________________________________ Signature of Authorized Representative
Name:______________________________
Title:_______________________________
Date:_______________________________
Signature of Mayor
Name: Robert Pullen-Miles
Title: Mayor
Date:_______________________________
Signature of City Attorney
Name: Gregory M. Murphy
Title: City Attorney
Date: _______________________________

LOS ANGELES COUNTY REGIONAL PARK
AND OPEN SPACE DISTRICT:

By: ______________________________
Director / Administrator
Date: ____________________________
Agreement No. A46
By: ________________________________

ATTACHMENT A
1 Date
Grantee Information

NOTICE TO PROCEED

REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD)
AGREEMENT NO. (ENTER NUMBER)
NTP NO. (ENTER NUMBER)
STUDY AREA NO. (ENTER NUMBER)
(ENTER NAME OF ANNUAL ALLOCATIONS PROJECT)
This Notice to Proceed (“NTP”), a subordinate agreement executed wholly within and subject to the provisions of Agreement No. _________(Enter Number), dated (Enter Date) ("Agreement”), confirms approval of your Annual Allocations Project, as described in your Work Plan dated (Enter Date), for the project described as (Enter Project) (“Project”).

1. Scope of Work

2. NTP Performance Period
This Project shall be completed by the NTP Performance Period (Enter Date).

3. Grant Amount
The total maximum amount RPOSD will reimburse Grantee for this Project is (Enter Amount), including related reimbursable expenses as specified. Any items where cost estimates exceed the approved budget, require prior written authorization from RPOSD.

4. Reimbursement
a. Grantee must complete all required deliverables identified in the attached Work Plan.
b. The total reimbursement from RPOSD for all deliverables may not exceed Grant Amount, identified in the Grant Amount.
c. Ensure NTP NO. (Enter Number) appears on invoices submitted to RPOSD for purposes of reimbursement.

ATTACHMENT A
2 All terms of the Agreement which authorize this NTP, will remain in full force and effect. The terms of the Agreement will govern and take precedence over any conflicting terms or conditions in this NTP. This NTP must be in compliance with the terms and conditions of the Agreement to be valid or binding.

At Grantee’s written request, this NTP may be amended subject to RPOSD’s sole discretion and prior approval. Amendments are to be limited to modifications of the Performance Period, Scope of Work, or Grant Amount.

APPROVED BY:
_______________________________
RPOSD Representative
Date: ____________________________

CITY OF LAWNDALE
14717 BURIN AVENUE, LAWNDALE, CALIFORNIA 90260
PHONE (310) 973-3200 ♦ www.lawndalecity.org
DATE: August 5, 2024
TO: Honorable Mayor and City Council
FROM: Sean M. Moore, City Manager
PREPARED BY: Michael Reyes, Municipal Services Director SUBJECT: Consideration to Create an Ad Hoc Subcommittee to Improve the Effectiveness of the Annual Illegal Fireworks Suppression Plan.

BACKGROUND
At a recent City Council meeting, Councilmember Sirley Cuevas suggested the creation of an ad hoc subcommittee to discuss ways in which to improve the effectiveness of enforcement against the use of illegal fireworks during the July 4th holiday. The Illegal Fireworks Suppression Plan, which was created four years ago to combat the growing number of illegal fireworks being used each year, has been effective in reducing a portion of the illegal fireworks being launched in the City each year, but the Councilmember would like to create a subcommittee to work in conjunction with City Staff and Law Enforcement to further reduce the number of illegal fireworks being used each year.

STAFF REVIEW
In 2021, in response to growing concerns from Lawndale residents regarding noise and pollution from the use of illegal fireworks in the City at and around the July 4
th holiday, City Staff created the Illegal Fireworks Suppression Plan. The Plan was designed to create a special detail consisting of Los Angeles Sheriff's Department (LASD) personnel to provide focused enforcement on the use of illegal fireworks being stored and launched within the City of Lawndale.

The Plan involved additional deputies being brought in for overtime shifts, undercover vehicles, and the implementation of heavy penalties. A massive public notification campaign informing the residents of the new focused enforcement was also introduced with the hope of diminishing the use of illegal fireworks each holiday season.

While the plan has been relatively successful in reducing the use of illegal fireworks, it has yet to include input and active participation from the City Council. It is hoped that with the creation of this Ad Hoc committee, illegal firework usage will continue to be diminished within the City of Lawndale.

LEGAL REVIEW
The City Attorney has reviewed and approved this staff report.

FISCAL IMPACT
There are no fiscal impacts as a result of this staff report.

RECOMMENDATION
Staff recommends that the City Council:

1. Consider the request from City Councilmember Sirley Cuevas; and

2. Create an Ad Hoc Subcommittee to assist City Staff and LASD personnel with the planning and implementation of a Illegal Fireworks Suppression Plan.

CITY OF LAWNDALE
14717 BURIN AVENUE, LAWNDALE, CALIFORNIA 90260
PHONE (310) 973-3200 ♦ www.lawndalecity.org
DATE: August 5, 2024
TO: Honorable Mayor and City Council
FROM: Sean M. Moore, City Manager
PREPARED BY: Vanesa Alvarez, Administrative Assistant
SUBJECT: Mayor/City Councilmembers Report of Attendance at Meetings and/or Events

BACKGROUND
No supporting documentation was forwarded to the City Clerk Department for this item.

CITY OF LAWNDALE
14717 BURIN AVENUE, LAWNDALE, CALIFORNIA 90260
PHONE (310) 973-3200 ♦ www.lawndalecity.org
DATE: August 5, 2024
TO: Honorable Mayor and City Council
FROM: Sean M. Moore, City Manager
PREPARED BY: Yvette Palomo, Assistant City Clerk
SUBJECT: Conference with Legal Counsel – Anticipated Litigation

BACKGROUND
The City Council will conduct a closed session, pursuant to Government Code section 54956.9(d)(2), because there is significant exposure to litigation in one (1) case, with a document received as per 54956.9(e)(3) that is not subject to public release due to Evidence Code privilege.

CITY OF LAWNDALE
14717 BURIN AVENUE, LAWNDALE, CALIFORNIA 90260
PHONE (310) 973-3200 ♦ www.lawndalecity.org
DATE: August 5, 2024
TO: Honorable Mayor and City Council
FROM: Sean M. Moore, City Manager
PREPARED BY: Yvette Palomo, Assistant City Clerk
SUBJECT: Conference with Legal Counsel – Existing Litigation

BACKGROUND
The City Council will conduct a closed session, pursuant to Government Code section 54956.9(d)(1), to discuss existing litigation: Name of Case: City of Lawndale v. LA Investment, LLC (LA Superior Court Case No. 20TRCV00065).

Lawndale City CouncilAugust 5, 2024

Lawndale City Council
August 5, 2024