confirmation of implementation. Recommendations shall be developed for a mitigation monitoring system designed to ensure accomplishment of the General Plan goals.
9. The Administrative Record in both hard copy and digital formats
10. GIS shapefiles (.shp) shall be provided to the City within 45 days of completion of the project.
11. Prepare optional development of Objective Standards Development Handout. In the project budget, the cost of the item should be listed separately and independently. Please provide a separate estimate/proposal. If elected, the Consultant will prepare a handout that specifically outlines and depicts the objective standards. The document shall clearly identify when and how standards may be used.
The City expects the following throughout the process.
• Utilize the City’s limited resources efficiently.
• Produce a simpler, cohesive, and more user-friendly Zoning Ordinance and Map. • Create development and land use standards that are reflective of current trends and nomenclature broad enough to allow for future changes, including the new mixed use land use designations established by the existing and upcoming General Plan.
• Include graphics where helpful.
• Create a transparent, predictable, and consistent development review process. • Promote high quality design.
• Integrate sustainable communities policies throughout and provide a path to improving outcomes on a range of environmental, economic, and social measures. This would be accomplished by analyzing the sustainability of community infrastructure systems and identifying potential sustainable infrastructure projects and improvements that touch on multiple elements of the Plan such as recreation, conservation, health, and economy, as well as sustainability. • Respond to community concerns and ensure proper public engagement. • Create flexibility and relief for development standards. • Standardize, streamline, and simplify development review. • Promote economic development, business retention, and expansion and optimize the mix, amount, types, and location of land uses with the goal of achieving the highest possible quality of life and best future fiscal and economic health for the city.
• Coordinate to the greatest extent possible with the recently completed Housing Element and Safety Element.
• Respect and maintain to the greatest extent possible Lomita’s current attitude to government regulation and process in the development.
V. BUDGET
Consulting firms should include a detailed project budget for the scope of services. The budget shall include itemized person-hours, rates, and costs for all required work tasks. Subject to negotiation of a final agreement, it is anticipated that payments will be tied to task completion increments or other milestones.
The City projects a total budget of around $1-1.5 million.
February 21, 2023, Reg CC Mtg., Page #334
VI. TENTATIVE SCHEDULE
Date Action
February 22, 2023 RFP release
March 15, 2023 at 11:00 a.m. Pre-Bid Informational Meeting for Interested Consultants via Microsoft Teams
March 16, 2023 by 5:30 p.m. Addendum posted on City website with responses to questions and any changes to RFP requirements
March 27, 2023 at 9:00 a.m. Proposals due
March 27-30, 2023 Interviews
April 3, 2023 Selection of consultant
April 18, 2023 at 6:00 p.m. Contract approval and Notice to Proceed 2-3 years from Notice to Proceed Contract term; Completion of project deliverable VII. Proposal Requirements
Response to this RFP must include all of the following.
1. A statement about the firm that describes its experience as well as the competencies and resumes of the Principal and all professionals who will be involved in the work. This statement should describe the firm’s level of expertise in the following areas:
• Experience in preparation of General Plans, Zoning Codes, Objective Design Standards, and other similar documents.
• Ability to analyze and present information in an organized format. • Familiarity with public input processes and experience in handling presentation and dissemination of public information for review/comment. • Ability to thoroughly analyze hazards and develop related policies, goals, and implementation measures.
• Graphic skills.
2. A list of similar projects completed by the firm with references for each such project, including the contact name, address, and telephone number.
3. Statement regarding the anticipated approach for this project and a scope of work outlining and describing main tasks and work products.
4. Identification of any information, materials, and/or work assistance required from the City for this project.
5. Detailed project schedule, including the projected timing of each work task.
6. Information about the availability of all professional staff who will be involved with the project.
7. If the proposal involves a joint venture or subcontractors, identification of the firm(s) and describe related experience working on a multi-firm team.
February 21, 2023, Reg CC Mtg., Page #335
8. The anticipated project cost, including:
• A not-to-exceed total budget amount.
• The cost for each major sub-task identified in the scope of work. • The hourly rates for each person who will be involved in the work.
VIII. Evaluation Criteria & Selection Process
Firms will be selected for further consideration and follow-up interviews based on the following criteria. • Relevant work experience
• Completeness of the proposal
• Overall project approach
• Qualifications of key project team members
• Proposed project cost
Following the selection of the most qualified firm, a final professional services agreement including budget, schedule and final Scope of Services will be negotiated before execution of the agreement.
The City shall attempt to negotiate an agreement to perform the work with the proposer considered to be the most qualified. Should the City be unable to negotiate a satisfactory agreement with the proposer to be most qualified, at a price the City determines to be fair and reasonable, negotiations with that proposer will be formally terminated. The City shall than undertake negotiations with the next qualified proposers individually until an agreement is reached.
These RFP procedures prohibit the practices which might result in unlawful activity including, but not limited to, rebates, kickbacks, or other unlawful considerations, and prohibit City employees from participating in the selection process when such employees have a relationship with a person or business entity seeking an agreement under this RFP that would create a conflict of interest.
The City of Lomita reserves the right to reject any or all proposals, to modify the RFP, or to cancel the RFP.
IX. QUESTIONS
Questions about the proposal may be directed to Brianna Rindge, AICP, Community and Economic Development Director at (310) 325-7110, Ext. 122 or [email protected] (email is preferable). All questions regarding this RFP must be received by Wednesday, March 15, 2023 at 12:00 p.m. Responses to questions and/or changes to the requirements of this RFP will be by addendum posted on the City’s website by Thursday, March 16, 2023 by 5:30 p.m. No addendum will be issued after this date. The consultant is responsible for checking the City website for any addenda prior to submitting a proposal.
X. Submission Requirements
One electronic copy in PDF format of the proposal must be received no later than 9:00 a.m. on March 27, 2023. Hard copies are not required. Proposals should be submitted via email to:
Briana Rindge, Community and Economic Development Director [email protected]
February 21, 2023, Reg CC Mtg., Page #336
Other Requirements:
• The proposal shall be signed by an authorized official of the responding firm. • The proposal shall be valid for a minimum of 90 days. • The City reserves the right to reject any and all proposals. • The terms and scope of the contract will be finalized through professional negotiations between the City and the Consultant. If the City and the Consultant fail to reach a contractual agreement, the City may renegotiate with any other top selected Consultant.
XI. Limitations
• All reports and pertinent data or materials shall become the sole property of the City and may not be reproduced without the explicit written permission of the City. • No compilation, tabulation, syntheses, or analysis of data, nor definition, opinions, etc., should be anticipated by the proposer from the City, unless volunteered by a responsible official in that agency. Good business practice, such as formal letters of request, and making of appointments, should be followed.
• The Request for Proposals does not commit the City to award a contract, to pay any costs incurred in preparation of the proposal, or to procure or contract for services or supplies. The City reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified source, or to cancel in part or in its entirety this Request for Proposals, if it is in the best interests of the City to do so. The City may require the proposer selected to participate in negotiations, and to submit such price, technical, or other revisions of their proposals as may result from such negotiations.
Exhibits
A. City Professional Services Agreement Template
February 21, 2023, Reg CC Mtg., Page #337
CONTRACT FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF LOMITA AND _________
This AGREEMENT for is entered into this by and between
the CITY OF LOMITA, a general law city and municipal corporation (“CITY”) and _ _ _ _ _ (“CONSULTANT”).
RECITALS
A. CITY does not have the personnel able and/or available to perform the services required under this agreement.
B. Therefore, CITY desires to contract out for .
C. CONSULTANT warrants to CITY that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.
D. CITY desires to contract with CONSULTANT to perform the services as described in Exhibit A of this Agreement.
NOW, THEREFORE, based on the foregoing recitals, CITY and CONSULTANT agree as follows:
1. CONSIDERATION AND COMPENSATION.
A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, attached as Exhibit A;
B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT an amount not to exceed $ , for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement.
D. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his designee.
E. CONSULTANT shall submit to CITY, by not later than the 10th day of each month, February 21, 2023, Reg CC Mtg., Page #338
its bill for services itemizing the fees and costs incurred during the previous month.
CITY shall pay CONSULTANT all uncontested amounts set forth in the CONSULTANT'S bill within 30 days after it is received.
2. SCOPE OF SERVICES.
A. CONSULTANT will perform the services and activities set forth in the SCOPE OF SERVICES attached hereto as Exhibit A and incorporated herein by this reference.
If any part of Exhibit A is inconsistent with the terms of this Agreement, the terms of this Agreement shall control.
B. Except as herein otherwise expressly specified to be furnished by CITY, CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space, and facilities necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.
3. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit an invoice to CITY which lists the reimbursable costs, the specific tasks performed, and, for work that includes deliverables, the percentage of the task completed during the billing period.
4. TIME OF PERFORMANCE. The services of CONSULTANT are to commence upon receipt of a notice to proceed from CITY and shall continue until all authorized work is completed to CITY’s reasonable satisfaction, in accordance with the schedule incorporated in “Exhibit A,” unless extended in writing by CITY.
5. FAMILIARITY WITH WORK. By executing this Agreement, CONSULTANT represents that CONSULTANT has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
6. KEY PERSONNEL. CONSULTANT’s key person assigned to perform work under this Agreement is . CONSULTANT shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of CITY.
7. TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on , unless earlier
termination occurs under Section 11 of this Agreement, or extended in writing in advance by both parties.
8. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written February 21, 2023, Reg CC Mtg., Page #339
agreement between the parties.
9. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.
10. PERMITS AND LICENSES. CONSULTANT will obtain and maintain during the term of this Agreement all permits, licenses, and certificates that may be required by local, state and federal laws in connection with the performance of services under this Agreement, including a business license as specified in Title VI, Chapter 2 of the Lomita Municipal Code.
11. Laws and Regulations; Employee/Labor Certification. CONSULTANT shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law.
CONSULTANT shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for CITY to terminate the Agreement for cause.
12. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination shall be in writing.
B. CONSULTANT may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date.
C. In the event of such termination, CONSULTANT shall cease services as of the date of termination, all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONSULTANT shall, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination.
D. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
13. INDEMNIFICATION.
A. CONSULTANT shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees, and all other costs and fees of litigation) of every nature arising out of or in connection with CONSULTANT's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, regardless of CITY’S passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of CITY. Should CITY in its sole discretion find CONSULTANT’S legal counsel unacceptable, then CONSULTANT shall reimburse CITY its costs of defense, including without limitation reasonable February 21, 2023, Reg CC Mtg., Page #340
attorneys’ fees, expert fees and all other costs and fees of litigation.
CONSULTANT shall promptly pay any final judgment rendered against CITY (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
B. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 17, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
14. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services.
CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.
15. INDEPENDENT CONSULTANT. CITY and CONSULTANT agree that CONSULTANT will act as an independent CONSULTANT and will have control of all work and the manner in which it is performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.
16. AUDIT OF RECORDS.
A. CONSULTANT agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement.
CONSULTANT agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement.
CONSULTANT further agrees to maintain such records for a period of three (3) years following final payment under this Agreement.
B. CONSULTANT will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement.
17. CORRECTIVE MEASURES. CONSULTANT will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONSULTANT will be given a reasonable amount of time as February 21, 2023, Reg CC Mtg., Page #341
determined by CITY to implement said corrective measures. Failure of CONSULTANT to implement required corrective measures shall result in immediate termination of this Agreement.
18. INSURANCE REQUIREMENTS.
A. CONSULTANT, at CONSULTANT’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies:
1. Workers Compensation Insurance as required by law. CONSULTANT shall require all subconsultants similarly to provide such compensation insurance for their respective employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against CITY, its officers, agents, employees, and volunteers for losses arising from work performed by CONSULTANT for CITY.
2. General Liability Coverage. CONSULTANT shall maintain commercial general liability insurance in an amount of not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
3. Automobile Liability Coverage. CONSULTANT shall maintain automobile liability insurance covering bodily injury and property damage for all activities of CONSULTANT arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
4. Professional Liability Coverage. CONSULTANT shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from CONSULTANT’S operations under this Agreement, whether such operations be by CONSULTANT or by its employees, subconsultants, or subconsultants.
The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-per-occurrence basis. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.
February 21, 2023, Reg CC Mtg., Page #342
B. Endorsements. Each general liability, automobile liability and professional liability insurance policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California, or which is approved in writing by CITY, and shall be endorsed as follows. CONSULTANT also agrees to require all CONSULTANTs, and subconsultants to do likewise.
1. “The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the CONSULTANT, including materials, parts, or equipment furnished in connection with such work or operations.”
2. This policy shall be considered primary insurance as respects CITY, its elected or appointed officers, officials, employees, agents, and volunteers.
Any insurance maintained by CITY, including any self-insured retention CITY may have, shall be considered excess insurance only and shall not contribute with this policy.
3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
4. The insurer waives all rights of subrogation against CITY, its elected or appointed officers, officials, employees, or agents.
5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to CITY, its elected or appointed officers, officials, employees, agents, or volunteers.
6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days’ written notice has been received by CITY.
C. CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against CONSULTANT arising out of the work performed under this agreement.
CITY assumes no obligation or liability by such notice but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
D. Any deductibles or self-insured retentions must be declared to and approved by CITY. At CITY’s option, CONSULTANT shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
E. CONSULTANT shall provide certificates of insurance with original endorsements to CITY as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with CITY on or before February 21, 2023, Reg CC Mtg., Page #343
commencement of performance of this Agreement. Current certification of insurance shall be kept on file with CITY at all times during the term of this Agreement.
F. Failure on the part of CONSULTANT to procure or maintain required insurance shall constitute a material breach of contract under which CITY may terminate this Agreement pursuant to Section 11 above.
G. The commercial general and automobile liability policies required by this Agreement shall allow CITY, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the CONSULTANT (as the named insured) should CONSULTANT fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. CONSULTANT understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONSULTANT as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CONSULTANT’S behalf upon CONSULTANT’S failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against CONSULTANT for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.
19. USE OF OTHER CONSULTANTS. CONSULTANT must obtain CITY’s prior written approval to use any CONSULTANTs while performing any portion of this Agreement. Such approval must include approval of the proposed CONSULTANT and the terms of compensation.
20. FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONSULTANT of the final payment made under this Agreement shall operate as and be a release of CITY from all claims and liabilities for compensation to the CONSULTANT for anything done, furnished or relating to the CONSULTANT’S work or services. Acceptance of payment shall be any negotiation of CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by CITY shall not constitute, nor be deemed, a release of the responsibility and liability of CONSULTANT, its employees, sub-CONSULTANTs and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by CITY for any defect or error in the work prepared by CONSULTANT, its employees, sub-CONSULTANTs and agents.
21. CORRECTIONS. In addition to the above indemnification obligations, the CONSULTANT shall correct, at its expense, all errors in the work which may be disclosed during CITY’S review of CONSULTANT’S report or plans. Should the CONSULTANT fail to make such correction in a reasonably timely manner, such correction shall be made by CITY, and the cost thereof shall be charged to February 21, 2023, Reg CC Mtg., Page #344
CONSULTANT. In addition to all other available remedies, CITY may deduct the cost of such correction from any retention amount held by CITY or may withhold payment otherwise owed CONSULTANT under this Agreement up to the amount of the cost of correction.
22. NON-APPROPRIATION OF FUNDS. Payments to be made to CONSULTANT by CITY for services preformed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of CONSULTANT’S services beyond the current fiscal year, the Agreement shall cover payment for CONSULTANT’S only to the conclusion of the last fiscal year in which CITY appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
23. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
CITY CONSULTANT
City of Lomita
24300 Narbonne Avenue
Lomita, CA 90717
ATTN: City Manager ATTN:
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.
24. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.
25. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement.
26. INTERPRETATION. This Agreement was drafted and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
February 21, 2023, Reg CC Mtg., Page #345
27. ENTIRE AGREEMENT. This Agreement and its Attachments sets forth the entire understanding of the parties. There are no other understandings, terms, or other agreements expressed or implied, oral or written.
28. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
29. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment with signatures of all parties to this Agreement. CITY’s city administrator, or designee, may execute any such amendment on behalf of CITY.
30. ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission, scanned and delivered via electronic mail, or delivered using digital signature technology approved by CITY. Such facsimile or electronic signatures will be treated in all respects as having the same effect as an original signature.
31. FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other.
32. TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided.
33. ATTORNEY’S FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.
34. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY.
CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private CONSULTANTs, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency.
February 21, 2023, Reg CC Mtg., Page #346
35. DISCLOSURE REQUIRED. (CITY and CONSULTANT initials required at one of the following paragraphs.)
By their respective initials next to this paragraph, CITY and CONSULTANT hereby acknowledge that CONSULTANT is a “CONSULTANT” for the purposes of the California Political Reform Act because CONSULTANT’S duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a)(2) or otherwise serves in a staff capacity for which disclosure would otherwise be required were CONSULTANT employed by CITY. CONSULTANT hereby acknowledges his or her assumingoffice, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the CITY’S Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to CONSULTANT commencing services hereunder, the City’s Manager shall prepare and deliver to CONSULTANT a memorandum detailing the extent of CONSULTANT’S disclosure obligations in accordance with the CITY’S Conflict of Interest Code.
City Initials
CONSULTANT Initials
OR
By their initials next to this paragraph, CITY and CONSULTANT hereby acknowledge that CONSULTANT is not a “CONSULTANT” for the purpose of the California Political Reform Act because CONSULTANT’S duties and responsibilities are not within the scope of the definition of CONSULTANT in Fair Political Practice Commission Regulation 18700.3(a)(2) and is otherwise not serving in staff capacity in accordance with CITY’S Conflict of Interest Code.
City Initials
CONSULTANT Initials
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
February 21, 2023, Reg CC Mtg., Page #347
CITY OF LOMITA CONSULTANT
Ryan Smoot, City Manager By: TITLE
ATTEST:
Kathleen Horn Gregory, City Clerk Taxpayer ID No.
APPROVED AS TO FORM:
City Attorney
February 21, 2023, Reg CC Mtg., Page #348
PAGE INTENTIONALLY LEFT BLANK
1 TO: City Council
FROM: Ryan Smoot, City Manager
PREPARED BY: Brianna Rindge, Community & Economic Development Director MEETING DATE: February 21, 2023
SUBJECT: Discussion and Consideration of the Number of Planning Commissioners and Potential Consideration of an Appointment to a Vacant Seat on the Planning Commission
RECOMMENDATION
Discuss and consider the current number of Planning Commissioners as established by the Municipal Code; and should the Council desire to maintain the current seven-member format of the Commission, take nominations for and consider appointment to one vacant seat on the Planning Commission with a term ending June 30, 2023.
DISCUSSION
Lomita Municipal Code Section 2-9.02 establishes that the Planning Commission consists of seven members, however, it is the only board in the city with seven members instead of five members. City Council may direct staff to align the Planning Commission with City Council and the other appointed boards. This process would consist of an ordinance brought before City Council for adoption to amend Section 2-9.02 at the next City Council meeting of March 7, 2023, and phasing out of one existing member upon their wish to conclude their time on the Planning Commission or a reevaluation upon the June 2023 reappointment of two expiring positions.
At the conclusion of the November 14, 2022, Planning Commission meeting, Commissioner Jim Thompson submitted his resignation. City Clerk staff posted a notice of Planning Commission vacancy on December 6, 2022, and accepted applications through January 31, 2023. City Council interviewed the following applicants at a special meeting on February 8, 2023, starting at 4:30 p.m. During each interview, City Council also gauged interest in participation on the General Plan Advisory Committee, a multiyear process slated to begin this summer.
Item No. SCH 8c
CITY OF LOMITA
CITY COUNCIL REPORT
February 21, 2023, Reg CC Mtg., Page #349
2 John Ballard
A K Mahida
Jay Mattingly
Henry Sanchez Jr.
Morgan Carroll
Jessiqa Pace
Andrew Culley
Brian Bodnar
OPTIONS
1. Direct staff to return with an ordinance decreasing the number of Planning Commissioners from seven to five to align with the City’s other elected/appointed boards.
2. Take nominations and make appointment.
3. Postpone appointment until further notice.
4. Provide staff alternative direction.
FISCAL IMPACT
None.
Reviewed by: Approved by:
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Prepared by:
________________
Brianna Rindge
Community & Economic Development Director
February 21, 2023, Reg CC Mtg., Page #350
1 TO: City Council
FROM: Ryan Smoot, City Manager
PREPARED BY: Carla Dillon, P.E., Public Works Director/City Engineer MEETING DATE: February 21, 2023
SUBJECT: Discussion of Anti-Gang/Drug-Free Walk
RECOMMENDATION
1) Continue with the Anti-Gang and Drug-Free Event with minor amendments to the judging process for 2023; and 2) Establish working group to propose any desired adjustments for 2024; and 3) Direct staff to explore the possibility of providing transportation to and from the event.
BACKGROUND
The City has hosted the "Follow Me, I'm Gang & Drug Free" Walk for over 20 years in coordination with local schools from Los Angeles Unified School District that serve Lomita.
As background, in March 1989 a PTA representative requested a program for schools for anti-gang and anti-drug awareness, and the Lomita Mayor requested a study and report.
In April 1989, the City Council approved a program for elementary school education activity related to drug use prevention, which included extensive input by law enforcement.
In 1991, the Anti-Gang/Drug-Free event began and in October 2000, the Safety Commission and Gang and Graffiti Committee responsibilities were moved into the Public Safety and Traffic Commission (PS&TC).
In its current form, the event generally includes an L.A. County Sheriff Department escort for students to walk from their respective schools to Lomita Park where they hear speakers encouraging them to remain drug-free and to avoid interaction and participation in gangs. The students are provided lunch at the park with a visit from the police helicopter and K9 unit.
Item No. SCH 8d
CITY OF LOMITA
CITY COUNCIL REPORT
February 21, 2023, Reg CC Mtg., Page #351
2 In October 2022, the PS&TC formed a subcommittee to consider improvements to the event and at the February 7, 2023, the City Council requested input/recommendation from the PS&TC regarding any changes to the Anti-Gang/Drug-Free Walk.
The PS&TC discussed, in conjunction with Sheriff Department representatives, several options to improve logistics including buses or a unique and fun form of transportation such as the Red Car trolley. Alternatively, individual events could be held at each school; however, the helicopter and K9 unit may not be able to participate at all schools. In addition, scheduling separate events at each school may be challenging for Commissioners and Council Members participation and City Staff coordination.
After its discussion, the Commission recommended that speakers and lunch (if at lunchtime) be continued. They also recommended, at the request of the Sheriff’s Department representatives, that the City explore the possibility of providing transportation to and from the event in lieu of walking from each campus.
The Commissioners discussed the Anti-Gang and Drug-Free themes and did not recommend changes to these for the 2023 event. The Commission would like to refine their criteria for judging posters and recommended staff provide further information and categories when transmitting the contest details to the schools.
FISCAL IMPACT
Not applicable
OPTIONS:
1. Approve the recommendations.
2. Provide alternative direction.
Reviewed by: Approved by:
___________________________
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Prepared by:
_________________________
Carla Dillon, P.E.
Public Works Director/City Engineer
February 21, 2023, Reg CC Mtg., Page #352
1 TO: Mayor and City Council
FROM: Ryan Smoot, City Manager
PREPARED BY: Lina Hernandez, Senior Management Analyst
MEETING DATE: February 21, 2023
SUBJECT: Discussion and Consideration of a Los Angeles County Sheriff Department (LASD) Proposal for 2023 Illegal Fireworks Suppression Enforcement
RECOMMENDATION
Discuss and approve the Los Angeles County Sheriff’s Department’s (LASD) Proposal for 2023 Fireworks Suppression Enforcement.
BACKGROUND
In 2021, the City Council adopted Resolution 2021-14 (attached to this report) establishing increased fines for violation of the city’s regulations regarding firework use.
The use of fireworks of any kind (including those considered safe and sane by the State Fire Marshall), had been illegal in the City of Lomita for many years.
Like recent years, the LASD has provided an estimated cost proposal for a targeted fireworks enforcement program (attached to this report) utilizing dedicated LASD personnel on an overtime basis at hourly rates to perform enforcement. The program is intended to enhance the city’s public safety and enforcement efforts as well as increase the visibility of our LASD resources around the Fourth of July holiday to deter potential violators.
DISCUSSION
Enforcement of the City’s regulations is particularly challenging and time consuming, which ultimately drives added expenses and resources. In recent years, costs associated with these enforcement efforts have increased significantly, with minimal citations being issued, and complaints and concerns remaining consistent, if not increasing.
CITY OF LOMITA
CITY COUNCIL REPORT
Item No. SCH 8e
February 21, 2023, Reg CC Mtg., Page #353
2 For 2023 the LASD has proposed a three-week enforcement period,- June 18 through July 8 using two dedicated deputies on six hours shifts for an amount not to exceed $26,384.40 with the option to use a plain-clothes undercover spotter to locate and identify violators.
Lomita Code Enforcement staff and the Los Angeles County Fire Department are also devoting additional hours to proactively address dead and dry vegetation citywide that could pose a potential fire threat prior to and during this period.
While the City’s enforcement efforts have produced some citations in recent years, the costs of the increased enforcement efforts have continually exceeded the revenue received as a result of those citations. Some agencies have established programs to offset funding for the enforcement of unapproved and illegal fireworks by allowing for the regulation, sale and use of State approved Safe and Sane Fireworks within their communities during specific timeframes and under strict conditions. These programs have allowed those agencies to expand their traditional enforcement efforts and focus their resources on those violations that present the greatest risk and nuisance. They also have allowed community groups and other organizations to raise funds to support their work in those communities. Should the City Council desire to discuss or explore this path (or any other alternatives) to help to fund additional enforcement efforts, City staff would need direction to place an item for discussion on a future agenda.
OPTIONS
1. Authorize the City Manager to proceed with LASD’s proposal.
2. Provide staff further direction.
FISCAL IMPACT
The costs of the 2023 enforcement program as currently proposed by the LASD are based on hourly rates for LASD personnel and the total costs for the program are anticipated not to exceed $26,384.40. Citation fines recovered by the city could offset some of the operation’s cost, but based on previous years, are insufficient to fully recover costs.
Remaining costs over and above revenues will continue to be paid from the General Fund.
ATTACHMENTS
1. LASD’s 2023 Firework Suppression Proposal
2. Resolution 2021-14
February 21, 2023, Reg CC Mtg., Page #354
3 Reviewed by: Approved by:
___________________________ __________________________
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Prepared by:
Lina Hernandez
__________________________
Lina Hernandez
Senior Management Analyst
February 21, 2023, Reg CC Mtg., Page #355
City of Lomita
Firework Suppression
2023
June 18-July 8, 2023
COST ESTIMATE
Deputy Sheriff rate per hour is $104.70
6 Hour Shift x $104.70 = $628.20
2 Deputies/6 Hours = $1256.40
2 Deputies/6 Hours/Week = $8794.80
2 Deputies/6 Hours/June 18-July 8, 2023 = $26,384.40
This is only an estimate of expenses, based on an average of Deputies salaries. The actual cost may vary, based on the rank of the Deputies working these events. Above is the higher rate being used for this document and preplanning. Sergeant Tina McCoy may be contacted at (310) 891- 3227.
Attachment No. 1
February 21, 2023, Reg CC Mtg., Page #356
DocuSign Envelope ID: F9581 F7D-CB2D-42A7-87CB-1F943E114BB6 RESOLUTION NO. 2021-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMITA,
CALIFORNIA, AMENDING THE CITY'S FINE SCHEDULE FOR
ADMINISTRATIVE CITATIONS TO INCREASE THE FINE AMOUNT FOR VIOLATIONS OF SECTIONS 4-16.01 AND 4-16.02 OF THE LOMITA
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF LOMITA, CALIFORNIA RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS:
SECTION 1. Findings.
1.The City Council of the City of Lomita adopted Resolution No. 2014-26 which included a Fine Schedule for Administrative Citations pursuant to Lomita Municipal Code Title 1, Chapter 5.
2. Chapter 4-16 of the City Municipal Code, among other things, prohibits any person from manufacturing, selling, storing, displaying discharging, exploding, firing off or setting off any firework within the City. Violations of this chapter are, among other penalty provisions, subject to administrative citations in the amounts articulated in the City's Fine Scheduled for Administrative Citations.
3. In recent years the City has seen an increase in the use of illegal fireworks in the City leading up to and including July 4
th
. The increase in recent years has been
particularly pronounced and the City's current administrative fine amount has failed to curtail the use of fireworks in the City.
4. Fireworks activity is particularly dangerous both due to the potential danger of physical harm to individuals, as well as the fire danger posed and nuisance impacts. Due to the nature of this activity and its concentration in time, more significant fines are needed to deter this dangerous activity.
SECTION 2. The City's Fine Schedule for Administrative Citations is hereby amended to increase the fine amounts for violations of Sections 4-16.01 and 4-16.02 of the Lomita Municipal Code as stated in the attached Exhibit "A" to this Resolution.
SECTION 3. This Resolution and the amended Fine Schedule for Administrative Citations is effective immediately upon adoption.
SECTION 4. To the extent any provision of this Resolution is incompatible with or at variance with any prior adopted resolution, the provisions of this Resolution take precedence, and all previous resolution will be interpreted to harmonize with and not the provisions of this Resolution.
Attachment No 2
February 21, 2023, Reg CC Mtg., Page #357
DocuSign Envelope ID: F9581 F7D-CB2D-42A7-87CB-1 F943E114BB6 Resolution No. 2021-14
SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED, AND ADOPTED this 1
st day of June 2021.
1/V
ATTEST:
lerk
APPROVED AS TO FORM:
Trevor Rusin, City Attorney
February 21, 2023, Reg CC Mtg., Page #358
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF LOMITA )
I, Kathleen Horn Gregory, City Clerk of the City of Lomita, California, do hereby certify that the foregoing Resolution No. 2021-14 was duly passed, approved, and adopted by the City Council of the City of Lomita at its regular meeting held on June 1, 2021, by the following vote, to wit:
AYES: Council Members: Gazeley, Uphoff, Waite, and Mayor Pro Tern Segawa and Mayor Waronek
NOES: None
ABSENT: None
RECUSE: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Lomita, California this 1
st day of June 2021.
February 21, 2023, Reg CC Mtg., Page #359
DocuSign Envelope ID: F9581 F7D-CB2D-42A7-87CB-1 F943E114BB6
EXHIBIT A
Resolution No. 2021-14
FINE SCHEDULE FOR ADMINISTRATIVE CITATIONS ORDINANCE
Except as otherwise provided herein, violations of the Lomita Municipal Code are subject to an administrative fine in the following amounts:
1. A fine not exceeding one hundred dollars ($100.00) for the first violation.
2. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same provision within one year.
3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same provision within one year of the first violation.
Violations of Lomita Municipal Code, Sections 4-16.01 and 4-16.02 are subject to an administrative fine in the following amount:
1. A fine not exceeding one thousand dollars ($1,000.00) for any violation.
Pursuant to Government Code section 53069.4, violations of any of the provisions of Title X of the Lomita Municipal Code are subject to an administrative fine in the following amounts:
1. A fine not exceeding one hundred dollars ($100.00) for the first violation.
2. A fine not exceeding five hundred dollars ($500.00) for a second violation of the same provision within one year.
3. A fine not exceeding one thousand dollars ($1000.00) for each additional violation of the same provision within one year of the first violation.
February 21, 2023, Reg CC Mtg., Page #360