1Special
Next Resolution No. 2023-12
Next Ordinance No. 854
AGENDA
REGULAR MEETING
LOMITA CITY COUNCIL
TUESDAY, JUNE 6, 2023
6:00 P.M.
THE CITY COUNCIL HAS RESUMED PUBLIC MEETINGS IN THE COUNCIL CHAMBERS.
PARTICIPATION BY MEMBERS OF THE PUBLIC IS ONLY GUARANTEED VIA IN-PERSON ATTENDANCE.
AS A COURTESY, THE CITY WILL ATTEMPT TO ALSO ALLOW PUBLIC PARTICIPATION
DURING THE MEETING VIA A COMPUTER OR SMART DEVICE USING THE FOLLOWING ZOOM LINK:
https://us02web.zoom.us/j/87836258466
Telephone Option: (669) 900-6833 Meeting ID: 878 3625 8466 Please note that the City cannot, and does not, guarantee that the above Zoom link or dial in feature will work, that any individual commenter’s computer or smart device will operate without issue, or that the City’s hosting of the Zoom will work without issue. Members of the public acknowledge this and are on notice that public participation is only guaranteed via attendance in Council Chambers and that the Zoom option is provided as a courtesy only. Technological issues or failure of the Zoom link to be operational for any reason will not result in any pause, recess, or cancellation of the meeting.
If you wish to provide public comment during oral communications or for a particular agenda item, you may either contact the City Clerk’s Office before the meeting, at 310-325-7110 ext. 141, complete a speaker card and give it to the City Clerk or if participating via Zoom utilize the “raise hand” function to join the queue to speak when the Mayor calls the item for discussion. Your name and city of residency is requested, but not required.
No meeting of the Lomita Public Financing Authority will be held on this date.
LOMITA CITY HALL
COUNCIL CHAMBERS
24300 Narbonne Avenue
Lomita, CA 90717
Phone: (310) 325-7110
Fax: (310) 325-4024
Barry Waite, Mayor
Bill Uphoff, Mayor Pro Tem
James Gazeley, Council Member
Cindy Segawa, Council Member
Mark A. Waronek, Council Member
Reg CC Mtg, June 6, 2023, Page 1 of 244
1. OPENING CEREMONIES
a. Call Meeting to Order
b. Flag Salute
c. Invocation – Mayor Waite
d. Roll Call
2. APPROVAL OF AGENDA
3. PRESENTATIONS
• RECOGNITION OF RETIRING TEACHERS
• SOUTH BAY WORKFORCE INVESTMENT BOARD QUARTERLY REPORT • UPDATE ON CITY’S CODE ENFORCEMENT
4. ORAL COMMUNICATIONS
Persons wishing to speak on Consent Agenda items or subjects other than those scheduled are requested to do so at this time. In order to conduct a timely meeting, a three (3) minute time limit per person has been established. Government Code Section 54954.2 prohibits the Council from discussing or taking action on a specific item unless it appears on a posted agenda.
5. ORAL COMMUNICATIONS AND MEETING ATTENDANCE REPORTS FROM THE
CITY COUNCIL
The City Council may discuss and act upon items described under Council comments; however, items which are not on the agenda will be limited to Council reports, announcements, requests for clarification or factual information, or placement of matters on the agenda for a future meeting.
6. CITY MANAGER’S REPORT (information only)
7. CONSENT AGENDA
All items under the Consent Agenda are considered by the Council to be routine and will be enacted by one motion in the form listed below. There may be separate discussions of these items prior to the time the Council votes on the motion. Specific items may be removed from the Consent Agenda at the request of any Council Member or staff.
RECOMMENDED ACTION: That Consent Agenda Items 7a-j be approved.
Reg CC Mtg, June 6, 2023, Page 2 of 244
a. Motion to Waive Full Reading of Ordinances and that They be Read in Title Only RECOMMENDED ACTION: Approve motion.
b. Minutes of the Regular and Special City Council Meetings of December 20, 2022 RECOMMENDED ACTION: Approve minutes.
c. Warrants/Payroll Register
RECOMMENDED ACTION: Approve and file Warrants/Payroll Register. d. Consideration of a Resolution Adopting a Project List for FY 2023-2024 Funded by SB 1, the Road Repair and Accountability Act of 2017
RECOMMENDED ACTION: Adopt Resolution and authorize the City Manager or his designee to complete, sign, and submit all required documentation for receipt of Road Maintenance and Rehabilitation Account (RMRA) funds to the appropriate State and other agencies.
RESOLUTION NO. 2023-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LOMITA, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-2024 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
e. Consideration of Amendment No. 3 to Agreement for Managed Services - Information Technology with Numa Networks
RECOMMENDED ACTION: Approve and authorize the City Manager to execute the Amendment.
f. Consideration of a Corrected First Amendment to Agreement with Hazen and Sawyer for Engineering Services related to the upgrades at the Cypress Water Production Facility.
RECOMMENDED ACTION: Approve the corrected First Amendment to Agreement 2020- 18 with Hazen and Sawyer for engineering services related to upgrades at the Cypress Water Production Facility for a total not to exceed $233,313 inclusive of previously approved funding; and authorize the City Manager to execute. g. Consideration of a Resolution Approving a Cooperation Agreement Between the City of Lomita and the County of Los Angeles for Continued Participation in the County of Los Angeles Urban Community Development Block Grant (CDBG) Program RECOMMENDED ACTION: Adopt Resolution and authorize the Mayor or his designee to execute the agreement for the time period of July 1, 2024 through June 30, 2027.
RESOLUTION NO. 2023-13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LOMITA, CALIFORNIA, APPROVING PARTICIPATION IN THE LOS ANGELES
URBAN COUNTY PROGRAM
Reg CC Mtg, June 6, 2023, Page 3 of 244
h. Consideration of an Agreement with Airespring for Networking, Internet, and Phone Service at all City Facilities
RECOMMENDED ACTION: Approve the agreement and authorize the City Manager to sign the Master Services Agreement and any related documentation. i. Consideration of a First Amendment to the Agreement with Elio Palacios for Hearing Officer Services to Extend the Term and Increase the Compensation Accordingly RECOMMENDED ACTION: Approve the amendment and authorize the City Manager to execute.
j. Consideration of an Expenditure for the Purchase of a Zero-Emission Vehicle for Parking Enforcement Use
RECOMMENDED ACTION: Approve an expenditure not to exceed $50,000 for the purchase of a zero-emission vehicle for parking enforcement use (including light bar installation and related accessories) and authorize the City Manager to execute.
8. SCHEDULED ITEMS
a. DISCUSSION AND CONSIDERATION OF CANCELLING JULY 4, 2023, CITY COUNCIL MEETING (No staff report)
Presented by Ryan Smoot, City Manager
RECOMMENDED ACTION: Cancel meeting due to July 4, 2023, holiday. b. DISCUSSION AND CONSIDERATION OF FISCAL YEAR 2022-2024 MID-CYCLE
BUDGET AMENDMENTS
Presented by Susan Kamada, Administrative Services Director RECOMMENDED ACTION: Approve the recommendations contained in Attachment 1 and direct staff to make necessary expenditure and revenue budget amendments to implement the recommendations.
9. PUBLIC HEARINGS
a. DISCUSSION AND CONSIDERATION TO ADOPT A RESOLUTION APPROVING THE CITY OF LOMITA’S LANDSCAPE MAINTENANCE DISTRICT NO. 1 CHARGES FOR FISCAL YEAR 2023-2024
Presented by Carla Dillon,
RECOMMENDED ACTION: Conduct the required public hearing; and adopt Resolution 2023-14 approving the Landscape Maintenance District No. 1 assessment for FY 2023-
24. Reg CC Mtg, June 6, 2023, Page 4 of 244
RESOLUTION NO. 2023-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMITA, CALIFORNIA, APPROVING THE CITY OF LOMITA’S LANDSCAPE MAINTENANCE DISTRICT NO. 1 CHARGES FOR FISCAL YEAR 2023-24 b. DISCUSSION AND CONSIDERATION OF ZONING TEXT AMENDMENT NO. 2023-06,
AN ORDINANCE AMENDING LOMITA MUNICIPAL CODE TITLE XI (PLANNING AND
ZONING) MODIFYING ACCESSORY DWELLING UNIT (ADU) REGULATIONS Presented by Laura MacMorran, Associate Planner
RECOMMENDED ACTION: After the City Attorney reads the title of the Ordinance, accept the recommendation of the Planning Commission and introduce on first reading an ordinance amending Lomita’s Municipal Code Section 11-1.30.06, find the project is statutorily exempt from the California Environmental Quality Act, and direct staff to schedule the second reading and adoption of the ordinance.
ORDINANCE NO. 854 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LOMITA, CALIFORNIA, AMENDING LOMITA MUNICIPAL CODE TITLE XI (PLANNING AND ZONING), CHAPTER 1 (ZONING), REVISING THE CITY’S REGULATIONS FOR
ACCESSORY DWELLING UNITS TO COMPLY WITH STATE LEGISLATION AND
REESTABLISH CITY STANDARDS AND A DETERMINATION THAT THE PROJECT IS
CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA)
10. ADJOURNMENT
Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection via the City’s website and copies are available for public inspection beginning the next regular business day in the City Clerk’s Office, 24300 Narbonne Avenue, Lomita.
In compliance with the Americans with Disabilities Act (ADA) if you need special assistance to participate in this meeting, please contact the office of the City Clerk at (310) 325-7110. Notification at least forty-eight (48) hours prior to the meeting will enable the City to make reasonable arrangements.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted not less than 72 hours prior to the meeting at the following locations: Lomita City Hall, Lomita Park, and uploaded to the City of Lomita website http://www.lomita.com/cityhall/city_agendas/.
Date Posted: June 2, 2023
________________________________
Linda E. Abbott, CMC, Deputy City Clerk
Reg CC Mtg, June 6, 2023, Page 5 of 244
MINUTES OF THE
LOMITA CITY COUNCIL
SPECIAL MEETING
TUESDAY, DECEMBER 20, 2022
PURSUANT TO EXECUTIVE ORDER N-08-21 ISSUED BY GOVERNOR NEWSOM AND AB361, THE PUBLIC AND COUNCIL PARTICIPATED IN THIS MEETING IN PERSON AND VIA ZOOM.
1. OPENING CEREMONIES
a. Call Meeting to Order
The special joint meeting of the Lomita City Council and Planning Commission was called to order by Mayor Waite at 4:02 p.m. on Tuesday, December 20, 2022, in the City Hall Upstairs Assembly Room.
b. Roll Call
PRESENT: Council Members: Gazeley (via Zoom); Segawa, Waronek, Mayor Pro Tem Uphoff, and Mayor Waite were present in the Upstairs Assembly Room Planning Commissioners: Dever, Steinbach, Stephens, Vice Chair Graf, and Chair Cammarata
ABSENT: Commissioner Santos
STAFF PRESENT: City Manager Smoot, City Attorney Rusin, Community and Economic Development Director Rindge, and Planner Repp Loadsman were present in the Commission Conference Room; City Clerk Gregory attended via Zoom
2. ORAL COMMUNICATIONS
Mayor Waite announced the time for oral communications on items on the agenda. There being no requests from the public to speak, Mayor Waite closed oral communications.
3. STUDY SESSION
a. DISCUSSION REGARDING CERTIFIED 6th CYCLE HOUSING ELEMENT UPDATE Director Rindge introduced Elizabeth Dickson from Dudek and Planner Repp Loadsman to present the Lomita Housing Element.
As this was a study session, no formal action was taken.
4. ADJOURNMENT
Item No 7b
Reg CC Mtg, June 6, 2023, Page 6 of 244
There being no further business to discuss, Mayor Waite adjourned the meeting at 5:55 p.m.
Respectfully submitted,
_________________________________
Kathleen Horn Gregory, MMC, City Clerk
Adopted:
Reg CC Mtg, June 6, 2023, Page 7 of 244
MINUTES OF THE
LOMITA CITY COUNCIL
REGULAR MEETING
TUESDAY, DECEMBER 20, 2022
PURSUANT TO EXECUTIVE ORDER N-08-21 ISSUED BY GOVERNOR NEWSOM AND AB361, THE PUBLIC AND COUNCIL PARTICIPATED IN THIS MEETING IN PERSON AND VIA ZOOM.
1. OPENING CEREMONIES
a. Call Meeting to Order
The regular meeting of the Lomita City Council was called to order by Mayor Waite at 6:02 p.m. on Tuesday, December 20, 2022, in the Upstairs Assembly Room at Lomita City Hall, 24300 Narbonne Avenue, Lomita, California.
b. Flag Salute
Mayor Pro Tem Uphoff led the salute to the flag.
c. Invocation
Council Member Segawa gave the invocation.
d. Roll Call
PRESENT: Council Members Segawa and Waronek, Mayor Pro Tem Uphoff, and Mayor Waite were present in the Upstairs Assembly Room; Council Member Gazeley participated via Zoom
ABSENT: None
STAFF PRESENT: City Manager Smoot, City Attorney Rusin, Public Works Director Dillon, and Community and Economic Development Director Rindge were present in the Upstairs Assembly Room; Assistant City Manager Sugano, Administrative Services Director Kamada, and City Clerk Gregory participated via Zoom
2. APPROVAL OF AGENDA
Council Member Segawa made a motion, seconded by Council Member Waronek to approve the agenda.
MOTION CARRIED by the following vote:
AYES: Council Members: Gazeley, Segawa, Waronek, Mayor Pro Tem Uphoff, and Mayor Waite
NOES: None
ABSENT: None
Reg CC Mtg, June 6, 2023, Page 8 of 244
3. PRESENTATIONS
Council Member Segawa presented retiring Narbonne High School teachers Carol Shaw-Loose and Cecelia Yu with certificates of recognition. She also presented former Narbonne office staffer Daniel Moore with a certificate of recognition for becoming a teacher there.
4. ORAL COMMUNICATIONS
Mayor Waite announced the time for oral communications on Consent Agenda items or subjects other than those scheduled. There being no requests from the public to speak, Mayor Waite closed oral communications.
5. ORAL COMMUNICATIONS AND MEETING ATTENDANCE REPORTS FROM THE
CITY COUNCIL
Council Member Gazeley had nothing to report.
Council Member Segawa reported on the following:
• Recent motivational speech at Narbonne High School
• December 13 – South Bay Association of Chambers of Commerce Meeting where Council Member Waronek was installed as President
Council Member Waronek reported on the following:
• Recent Lomita Chamber of Commerce Board Meeting
• Recent swearing-in of new Lawndale Council Member Bernadette Suarez Mayor Pro Tem Uphoff reported on the following:
• December 8 – City of Lomita Employee Appreciation Dinner • December 11 – Santa Claus at the Railroad Museum
• December 12 – South Bay Cities Council of Governments Meeting • Recent visit to homeless shelters to distribute food and other items Mayor Waite reported on the following:
• December 14 – Los Angeles County Economic Development Corporation Meeting • December 6 – Post-Council Meeting Reception at Lomita-Harbor City Kiwanis Club
6. CITY MANAGER’S REPORT (information only)
City Manager Smoot acknowledged the Narbonne teachers in attendance. He reminded residents that City Hall will be closed for the holidays from noon Thursday, December 22, 2022, through Monday, January 2, 2023. Emergency phone numbers may be found on the City’s website.
Reg CC Mtg, June 6, 2023, Page 9 of 244
7. CONSENT AGENDA
RECOMMENDED ACTION: That Consent Agenda Items 7a-o be approved.
Council Member Waronek made a motion, seconded by Council Member Segawa to approve the recommended action. Mayor Waite recused himself from voting on item 7m.
MOTION CARRIED by the following vote:
AYES: Council Members: Gazeley, Segawa, and Waronek, Mayor Pro Tem Uphoff, and Mayor Waite
NOES: None
ABSENT: None
a. Motion to Waive Full Reading of Ordinances and that They be Read in Title Only RECOMMENDED ACTION: Approve motion.
b. Warrants/Payroll Register
RECOMMENDED ACTION: Approve and file Warrants/Payroll Register. c. Monthly Report for the Administrative Services Department RECOMMENDED ACTION: Receive and file the report.
d. Monthly Report for the City Manager’s Department
RECOMMENDED ACTION: Receive and file the report.
e. Monthly Report for the Community and Economic Development Department RECOMMENDED ACTION: Receive and file the report.
f. Monthly Report for the Recreation and Facilities Division RECOMMENDED ACTION: Receive and file the report.
g. Monthly Report for the Public Works Department
RECOMMENDED ACTION: Receive and file the report.
h. October 2022 Treasury & Investment Report
RECOMMENDED ACTION: Receive and file the report.
Reg CC Mtg, June 6, 2023, Page 10 of 244
i. Authorizing Virtual City Council Meetings as Well as Virtual Meetings for All Other City Commissions and Committees Pursuant to AB 361
RECOMMENDED ACTION: Authorize remote teleconference/virtual meetings of all City of Lomita legislative bodies, including all City commissions and committees, in accordance with Assembly Bill 361 (“AB 361”), by finding that: (1) a statewide state of emergency is currently in place; (2) state and local officials have imposed or recommended measures to promote social distancing in connection with COVID-19. j. Amendment to Agreement with Project Partners for Public Works Staffing Support RECOMMENDED ACTION: 1) Approve the First Amendment to Agreement 2021-47 with Project Partners for engineering services related to capital projects and staff support for a total amount not to exceed $217,000; and 2) Authorize the City Manager and City Clerk to execute the Agreement.
k. Professional Services Agreement with David Evans and Associates, Inc. for Design of Narbonne Avenue South Water Main Replacement and Street Rehabilitation RECOMMENDED ACTION: 1) Approve a Professional Services Agreement with David Evans and Associates for Engineering Design Services of Narbonne Avenue Water Main Replacement and Street Rehabilitation in the amount of $173,861 plus a 15% contingency amount of $26,079; and 2) Authorize the City Manager and City Clerk to execute the Agreement.
l. Professional Services Agreement with 4LEAF, Inc. for Augmented Code Enforcement Services
RECOMMENDED ACTION: Authorize the City Manager to execute a Professional Services Agreement (“PSA”) with 4LEAF, Inc. (“4LEAF”) for augmented code enforcement services.
m. ARPA Business Assistance Program Applications for Façade Improvement and Job Creation Programs
RECOMMENDED ACTION: 1)Approve five (5) applications under the City’s ARPA Business Assistance Programs; and 2) Make a finding that Jing's CA Acupuncture & Wellness Center qualifies for funding under the “Office” category of eligible uses under the program guidelines; and 3) Approve the draft Façade Improvement and Job Creation agreements, authorize the City Manager to make minor amendments as may be necessary with approval of the City Attorney, and authorize the City Manager to execute agreements with approved applicants for funding.
Reg CC Mtg, June 6, 2023, Page 11 of 244
n. Resolution Approving and Authorizing the City Manager to Execute the Transfer Agreement with the Los Angeles County Flood Control District RECOMMENDED ACTION: 1) Adopt Resolution No. 2022-38, approving and authorizing the City Manager to execute the Transfer Agreement No. 2022RPSSMB01, Safe, Clean Water Program, Regional Program with the Los Angeles County Flood Control District; and 2) Authorize the City Manager to approve non-substantive edits to the Agreement in a form approved by the City Attorney.
RESOLUTION NO. 2022-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LOMITA, CALIFORNIA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE TRANSFER AGREEMENT NO. 2022RPSSMB01, SAFE, CLEAN WATER PROGRAM – REGIONAL PROGRAM WITH THE LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT
o. Professional Services Agreements with Stephen Doreck Equipment Rentals, Inc. and Valverde Construction, Inc. to Provide As-Needed Water Services RECOMMENDED ACTION: Authorize the City Manager to execute a five-year agreement, with two one-year renewal options, with Stephen Doreck Equipment Rentals, Inc. and Valverde Construction, Inc. to provide professional as-needed electrical services.
8. SCHEDULED ITEMS
a. DISCUSSION AND CONSIDERATION OF THE ACCEPTANCE OF THE CITY’S AUDIT REPORT FOR FISCAL YEAR 2021-2022
RECOMMENDED ACTION: Receive and file the Fiscal Year 2021-2022 Annual Comprehensive Financial Report (ACFR) and the Single Audit Report on Schedule of Expenditures of Federal Awards.
Administrative Services Director Kamada introduced Ron Lopez, CPA/Audit Partner of Gruber and Lopez, Inc., who presented the staff report per the agenda material. He outlined the audit process, audit products produced, and the audit results, which were deemed of the highest opinion an auditor can issue.
Mayor Waite invited comments from the public. There being none, he brought the item back to the Council for discussion or a motion.
Council Member Segawa made a motion, seconded by Council Member Waronek to approve the recommended action.
MOTION CARRIED by the following vote:
AYES: Council Members: Gazeley, Segawa, Waronek, Mayor Pro Tem Uphoff, and Mayor Waite
NOES: None
ABSENT: None
Reg CC Mtg, June 6, 2023, Page 12 of 244
Community and Economic Development Director Rindge introduced representatives from 4LEAF (item 7l above), Marcus Johnson, Director of Southern California Operations, and Pete Roque, Director of Code Enforcement. b. DISCUSSION AND CONSIDERATION OF A RESOLUTION APPROVING AMENDMENT NO. 4 TO THE CITY MANAGER EMPLOYMENT AGREEMENT RECOMMENDED ACTION: Adopt Resolution 2022-39 approving Amendment No. 4 to the January 27, 2016, City Manager Employment Agreement (as previously amended).
RESOLUTION NO. 2022-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMITA, CALIFORNIA, APPROVING AMENDMENT NO. 4 TO THE CITY MANAGER’S EMPLOYMENT AGREEMENT
City Attorney Rusin presented the staff report per the agenda material. He explained that the City Manager does not receive annual cost of living adjustments like other City staff.
This adjustment will put him near the middle of the compensation range for his peers.
Mayor Waite invited comments from the public. There being none, he brought the item back to the Council for discussion or a motion.
Council Member Waronek made a motion, seconded by Council Member Segawa to approve the recommended action.
MOTION CARRIED by the following vote:
AYES: Council Members: Gazeley, Segawa, Waronek, Mayor Pro Tem Uphoff, and Mayor Waite
NOES: None
ABSENT: None
9. PUBLIC HEARINGS
a. DISCUSSION AND CONSIDERATION OF ADOPTING AN ORDINANCE AMENDING LOMITA MUNICIPAL CODE TITLE V, CHAPTER 9 “LOW IMPACT DEVELOPMENT IMPLEMENTATION”
RECOMMENDED ACTION: 1) Conduct a public hearing; and 2) After City Attorney reads the title, introduce on first reading Ordinance No. 841, an ordinance amending Lomita Municipal Code Title V, Chapter 9, Section 5-9.020 (Scope of chapter), Section 5-9.030, (Definitions), Section 5-9.060 (Stormwater pollution control and design standards for best management practices (BMPs)), and Section 5-9.180 (Site-specific mitigation requirements for new development and redevelopment with potential adverse impacts on post-development stormwater quality).
Public Works Director Dillon presented the staff report per the agenda material.
Mayor Waite opened and closed the public hearing at 6:31 p.m., as no members of the public wished to speak on this item.
Reg CC Mtg, June 6, 2023, Page 13 of 244
There being no comments or questions from the Council, Mayor Waite brought the item back for a motion.
City Attorney Rusin read the title of the ordinance to be introduced.
Mayor Pro Tem Uphoff made a motion, seconded by Council Member Segawa to approve the recommended action.
MOTION CARRIED by the following vote:
AYES: Council Members: Gazeley, Segawa, Waronek, Mayor Pro Tem Uphoff, and Mayor Waite
NOES: None
ABSENT: None
Introduced the following titled ordinance:
ORDINANCE NO. 841 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LOMITA, CALIFORNIA, AMENDING LOMITA MUNICIPAL CODE TITLE V, CHAPTER 9, “LOW IMPACT DEVELOPMENT IMPLEMENTATION”
b. DISCUSSION AND CONSIDERATION TO ADOPT PROPOSED ORDINANCE ADOPTING BY REFERENCE THE 2022 LOS ANGELES COUNTY BUILDING CODES RECOMMENDED ACTION: 1) Conduct public hearing, and after the City Attorney reads the title, adopt urgency Ordinance No. 842U making other revisions thereto and declaring the urgency thereof; and 2) Introduce on first reading Ordinance No. 843. and direct staff to schedule a public hearing for the second reading and adoption of the ordinance for the January 17, 2023, City Council meeting. This procedure is in accordance with California government code, section 50022.3.
Community and Economic Development Director Rindge presented the staff report per the agenda material. As the County has yet to adopt the Fire Code, the City must adhere to the requirements of the unamended State Fire Code effective January 1, 2023.
Mayor Waite opened and closed the public hearing at 6:34 p.m., as no members of the public wished to speak on this item.
There being no comments or questions from the Council, Mayor Waite brought the item back for a motion.
City Attorney Rusin read the titles of the urgency ordinance and the ordinance to be introduced.
Council Member Segawa made a motion, seconded by Mayor Pro Tem Uphoff to approve the recommended action.
MOTION CARRIED by the following vote:
Reg CC Mtg, June 6, 2023, Page 14 of 244
AYES: Council Members: Gazeley, Segawa, Waronek, Mayor Pro Tem Uphoff, and Mayor Waite
NOES: None
ABSENT: None
Adopted the following titled urgency ordinance:
ORDINANCE NO. 842U - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMITA, CALIFORNIA, CODE AMENDMENT NO. 2022-03 ADOPTING
BY REFERENCE THE LOS ANGELES COUNTY CODE AMENDING LOMITA MUNICIPAL CODE SECTIONS 10-1 (BUILDING CODE), 10-2 (ELECTRICAL CODE), 10-3 (PLUMBING CODE), 10-4 (MECHANICAL CODE), 10-7 (RESIDENTIAL CODE), 10-8 (GREEN BUILDING STANDARDS), AND 10-9 (EXISTING BUILDING CODE) INCORPORATING THE CALIFORNIA BUILDING CODE, 2022 EDITION; TITLE 26 OF
THE LOS ANGELES COUNTY CODE ADOPTING THE CALIFORNIA BUILDING CODE, 2022 EDITION; TITLE 27 OF THE LOS ANGELES COUNTY CODE INCORPORATING THE CALIFORNIA ELECTRICAL CODE, 2022 EDITION; TITLE 28
OF THE LOS ANGELES COUNTY CODE INCORPORATING THE CALIFORNIA PLUMBING CODE, 2022 EDITION; TITLE 29 OF THE LOS ANGELES COUNTY CODE INCORPORATING THE CALIFORNIA MECHANICAL CODE, 2022 EDITION; TITLE 30 OF THE LOS ANGELES COUNTY CODE INCORPORATING THE CALIFORNIA RESIDENTIAL CODE, 2022 EDITION; TITLE 31 OF THE LOS
ANGELES COUNTY CODE INCORPORATING THE CALIFORNIA GREEN BUILDING STANDARDS CODE, 2022 EDITION; AND TITLE 33 OF THE LOS ANGELES
COUNTY CODE INCORPORATING THE CALIFORNIA EXISTING BUILDING CODE, 2022 EDITION; WITH CERTAIN CHANGES AND MODIFICATIONS, AND MAKING
OTHER REVISIONS THERETO AND DECLARING THE URGENCY THEREOF Introduced the following titled ordinance:
ORDINANCE NO. 843 - AN ORDINANCE OF THE CITY OF LOMITA, CALIFORNIA, CODE AMENDMENT NO. 2022-03 ADOPTING BY REFERENCE THE LOS ANGELES COUNTY CODE AMENDING LOMITA MUNICIPAL CODE SECTIONS 10-1 (BUILDING CODE), 10-2 (ELECTRICAL CODE), 10-3 (PLUMBING CODE), 10-4 (MECHANICAL CODE), 10-7 (RESIDENTIAL CODE), 10-8 (GREEN BUILDING STANDARDS), AND 10-9 (EXISTING BUILDING CODE) INCORPORATING THE CALIFORNIA BUILDING CODE, 2022 EDITION; TITLE 26 OF THE LOS ANGELES COUNTY CODE INCORPORATING THE CALIFORNIA BUILDING CODE, 2022 EDITION; TITLE 27 OF THE LOS ANGELES COUNTY CODE INCORPORATING THE CALIFORNIA ELECTRICAL CODE, 2022 EDITION; TITLE 28 OF THE LOS ANGELES COUNTY CODE INCORPORATING THE CALIFORNIA PLUMBING CODE, 2022 EDITION; TITLE 29 OF THE LOS ANGELES COUNTY CODE INCORPORATING THE CALIFORNIA MECHANICAL CODE, 2022 EDITION; TITLE 30 OF THE LOS
ANGELES COUNTY CODE INCORPORATING THE CALIFORNIA RESIDENTIAL CODE, 2022 EDITION; TITLE 31 OF THE LOS ANGELES COUNTY CODE INCORPORATING THE CALIFORNIA GREEN BUILDING STANDARDS CODE, 2022 EDITION; AND TITLE 33 OF THE LOS ANGELES COUNTY CODE INCORPORATING THE CALIFORNIA EXISTING BUILDING CODE, 2022 EDITION; WITH CERTAIN
CHANGES AND MODIFICATIONS, AND MAKING OTHER REVISIONS THERETO c. DISCUSSION AND CONSIDERATION OF ZONING TEXT AMENDMENT NO. 2022-02, AN ORDINANCE AMENDING LOMITA MUNICIPAL CODE SECTION 11-1.27.12 TO Reg CC Mtg, June 6, 2023, Page 15 of 244
MODIFY SIGN REGULATIONS OF THE 24000 CRENSHAW BOULEVARD SPECIFIC
PLAN ZONE, AND FINDING THE PROJECT IS CATEGORICALLY EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
RECOMMENDED ACTION: 1) Introduce on first reading an ordinance modifying Lomita Municipal Code Section 11-1.27.12 and finding the project is categorically exempt from the California Environmental Quality Act, and 2) Direct staff to schedule a public hearing for the second reading and adoption of the ordinance for the January 17, 2023, City Council meeting.
Community and Economic Development Director Rindge presented the staff report per the agenda material. She stated that typically such amendments do not fall under a Zone Text Amendment but in this case the property is governed by the Specific Plan.
Mayor Waite opened and closed the public hearing at 6:42 p.m., as no members of the public wished to speak on this item.
There being no comments or questions from the Council, Mayor Waite brought the item back for a motion.
City Attorney Rusin read the title of the ordinance to be introduced.
Council Member Waronek made a motion, seconded by Mayor Pro Tem Uphoff to approve the recommended action.
MOTION CARRIED by the following vote:
AYES: Council Members: Gazeley, Segawa, Waronek, Mayor Pro Tem Uphoff, and Mayor Waite
NOES: None
ABSENT: None
Introduced the following titled ordinance:
ORDINANCE NO. 844 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMITA, CALIFORNIA, APPROVING ZONE TEXT AMENDMENT 2022-02 AMENDING LOMITA MUNICIPAL CODE SECTION 11-1.27.12, MODIFYING SIGN REGULATIONS FOR THE 24000 CRENSHAW BOULEVARD SPECIFIC PLAN ZONE
AND A DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
10. ADJOURNMENT
There being no further business to discuss, Mayor Waite adjourned the meeting, in memory of Vafa Kalani, at 6:45 p.m.
Respectfully submitted,
_________________________________
Kathleen Horn Gregory, MMC, City Clerk
Adopted:
Reg CC Mtg, June 6, 2023, Page 16 of 244
CONSENT CALENDAR
AGENDA NO. 7.C.
June 6, 2023
TO: Honorable Mayor and City Council
FROM: Administrative Services Department
DATE: June 6, 2023
SUBJECT: WARRANT REGISTER
PAYROLL REGISTER
June 6, 2023 TOTAL WARRANTS ISSUED: $1,129,116.26
Wires Transfers: 10876-10884
Prepay: 530686-530688
Check Numbers: 530689-530773
Total Pages of Register: 16
May 19, 2023 TOTAL PAYROLL ISSUED: $119,812.35
I hereby certify that the demands or claims covered by the checks listed on pages 1 to 16 inclusive of the check register are accurate and funds are available for payment thereof:
__________________________
Susan Kamada
Administrative Services Director
Reg CC Mtg, June 6, 2023, Page 17 of 244
5/31/2023 11:11:14 AM Page 1 of 16
Warrant Registert
Lomita, CA By Vendor Name
Payment Dates 5/17/2023 - 6/6/2023
Payment Number Payment Date Vendor Name Payable Number Description (Item) Amount Vendor: 12798 - 4LEAF, Inc.
530689 06/06/2023 4LEAF, Inc. J4121D Augmented Code Enforcement… 5,850.00 Vendor 12798 - 4LEAF, Inc. Total: 5,850.00
Vendor: 6948 - A1 Lawnmower Shop
530690 06/06/2023 A1 Lawnmower Shop 01139 Oil 7.70
530690 06/06/2023 A1 Lawnmower Shop 01139 Oil 33.08
530690 06/06/2023 A1 Lawnmower Shop 01139 Ti-PCW 33.08
530690 06/06/2023 A1 Lawnmower Shop 01437 Mower-Handle 22.05 530690 06/06/2023 A1 Lawnmower Shop 01437 Mower-Breather 22.05 530690 06/06/2023 A1 Lawnmower Shop 01438 Saw Sharpen 24.00 530690 06/06/2023 A1 Lawnmower Shop 01438 Saw Maintenance-Parts 26.46 530690 06/06/2023 A1 Lawnmower Shop 01439Rake Rake 30.87 Vendor 6948 - A1 Lawnmower Shop Total: 199.29
Vendor: 7114 - ACE Party Rents
530691 06/06/2023 ACE Party Rents 0037653-01 Tables and Chairs Rental-Set … 297.50 530691 06/06/2023 ACE Party Rents 0037653-01 Tables Rental 585.00 530691 06/06/2023 ACE Party Rents 0037653-01 Tables and Chairs Rental-Deliv… 258.97 530691 06/06/2023 ACE Party Rents 0037653-01 Chairs Rental 250.00 Vendor 7114 - ACE Party Rents Total: 1,391.47
Vendor: 7353 - ACE Whatever It Takes
530692 06/06/2023 ACE Whatever It Takes 5849 Misc. Fasteners 3.09 530692 06/06/2023 ACE Whatever It Takes 5849 Misc. Fasteners 1.59 530692 06/06/2023 ACE Whatever It Takes 5849 Gloves Leather 28.65 530692 06/06/2023 ACE Whatever It Takes 5850 Misc. Fasteners 3.97 530692 06/06/2023 ACE Whatever It Takes 5853 Tarp Poly Blue/Brown 12 X 12 24.24 530692 06/06/2023 ACE Whatever It Takes 5855 Lava Bar Soap 5.75 oz 5.49 530692 06/06/2023 ACE Whatever It Takes 5864 Ultra Cover Satin Smokey Beig… 25.30 530692 06/06/2023 ACE Whatever It Takes 5864 Ultra Cover Gloss Marigold Sp… 52.83 530692 06/06/2023 ACE Whatever It Takes 5865 Misc. Fasteners 4.96 530692 06/06/2023 ACE Whatever It Takes 5868 Fuel Leave Blower 176.39 530692 06/06/2023 ACE Whatever It Takes 5869 Ground Connector 20A 125V 17.63 530692 06/06/2023 ACE Whatever It Takes 5869 Cord Power 16/3 SJT 6 11.01 530692 06/06/2023 ACE Whatever It Takes 5869 Cord Generator 132.29 530692 06/06/2023 ACE Whatever It Takes 5881 Returning Spray Paint -59.47 530692 06/06/2023 ACE Whatever It Takes 5882 Returning Cord Generator -132.29 530692 06/06/2023 ACE Whatever It Takes 5883 Paint Primer Spray Paint 26.42 530692 06/06/2023 ACE Whatever It Takes 5883 Fungicide Sulfur 8.37 530692 06/06/2023 ACE Whatever It Takes 5883 Misc. Fasteners 5.46 530692 06/06/2023 ACE Whatever It Takes 5883 Misc. Fasteners 1.87 530692 06/06/2023 ACE Whatever It Takes 5883 Misc. Fasteners 1.10 530692 06/06/2023 ACE Whatever It Takes 5884 Fertilizer 8.81 530692 06/06/2023 ACE Whatever It Takes 5885 Professional Respirator 49.59 530692 06/06/2023 ACE Whatever It Takes 5885 Padlock Combination 2" 22.04 530692 06/06/2023 ACE Whatever It Takes 5885 Replacement Cartridges 20.94 530692 06/06/2023 ACE Whatever It Takes 5885 Gate Latch 4" Black 7.27 530692 06/06/2023 ACE Whatever It Takes 5886 Cement PVC Heavy 16 oz 19.83 530692 06/06/2023 ACE Whatever It Takes 5886 Primer PVC Purple 16 oz 19.84 530692 06/06/2023 ACE Whatever It Takes 5893 Bolt Snap Iron Silver 3/8" 3.08 530692 06/06/2023 ACE Whatever It Takes 5893 Misc. Fasteners 2.19 Vendor 7353 - ACE Whatever It Takes Total: 492.49
Vendor: 12207 - AKM Consulting Engineers, Inc.
530693 06/06/2023 AKM Consulting Engineers, Inc. 0012213 Consulting Sevices for CWPF … 15,950.00 Vendor 12207 - AKM Consulting Engineers, Inc. Total: 15,950.00 Reg CC Mtg, June 6, 2023, Page 18 of 244
Warrant Registert Payment Dates: 5/17/2023 - 6/6/2023
5/31/2023 11:11:14 AM Page 2 of 16
Payment Number Payment Date Vendor Name Payable Number Description (Item) Amount Vendor: 7445 - All City Management Services, Inc.
530694 06/06/2023 All City Management Services, …85670 Crossing Guard Services 5,338.80 Vendor 7445 - All City Management Services, Inc. Total: 5,338.80 Vendor: 6664 - Alliant Insurance Services
530695 06/06/2023 Alliant Insurance Services 2308715 Memorial Day Special Event In… 297.00 Vendor 6664 - Alliant Insurance Services Total: 297.00
Vendor: 4060 - Allianz Life Insurance Co.
530696 06/06/2023 Allianz Life Insurance Co. May 23 Employee Life Insurance May … 53.00 Vendor 4060 - Allianz Life Insurance Co. Total: 53.00
Vendor: 0545 - Allied Waste Transfer Services (BFI Falcon TS) 530697 06/06/2023 Allied Waste Transfer Services …4404-000021787 Dump Fee 3,932.57 Vendor 0545 - Allied Waste Transfer Services (BFI Falcon TS) Total: 3,932.57 Vendor: 12155 - Amazon Capital Services
530698 06/06/2023 Amazon Capital Services 13D7-RQCV-3TJV 500 Name Badge Stickers with… 12.09 530698 06/06/2023 Amazon Capital Services 14NG-C4R1-L66N 12 Pieces 16" Garden Stakes 27.42 530698 06/06/2023 Amazon Capital Services 1CRY-6XTL-6LY7 X-TREME Box 6-Straight Blade… 465.26 530698 06/06/2023 Amazon Capital Services 1DRM-9LKK-MJM9 Returning 3 Head Micro Specia… -26.45 530698 06/06/2023 Amazon Capital Services 1DRM-9LKK-MJM9 Returning DJ Fog Juice for Wa… -26.44 530698 06/06/2023 Amazon Capital Services 1DRM-9LKK-MJM9 Returning Picture Hanging Stri… -23.96 530698 06/06/2023 Amazon Capital Services 1F61-4JWG-L6YH Picture Hanging Strips 23.88 530698 06/06/2023 Amazon Capital Services 1F61-4JWG-L6YH DJ Fog Juice for Water Based … 26.44 530698 06/06/2023 Amazon Capital Services 1F61-4JWG-L6YH Flame Orange 3 Head Micro S… 26.45 530698 06/06/2023 Amazon Capital Services 1GT7-966T-1LR7 US Air Force Flag Embroidered… 36.37 530698 06/06/2023 Amazon Capital Services 1GT7-966T-1LR7 US Army Military Flags 3 X 5 31.96 530698 06/06/2023 Amazon Capital Services 1GT7-966T-1LR7 Deluxe 3 X 5 Space Force Flag … 28.65 530698 06/06/2023 Amazon Capital Services 1GT7-966T-1LR7 American Flags 3 X 5 36.53 530698 06/06/2023 Amazon Capital Services 1GT7-966T-1LR7 Embroidered USCG 3 X 5 Coast… 38.58 530698 06/06/2023 Amazon Capital Services 1GT7-966T-1LR7 Embroidered Double Sided U… 42.99 530698 06/06/2023 Amazon Capital Services 1GT7-966T-1LR7 23" Flag Spike 3 Piece 145.50 530698 06/06/2023 Amazon Capital Services 1GT7-966T-1LR7 Oak Flagpole , 8' Brown and G… 340.72 530698 06/06/2023 Amazon Capital Services 1GT7-966T-1LR7 US Navy Emblem Flag Embroi… 35.27 530698 06/06/2023 Amazon Capital Services 1GT7-966T-1LR7 Embroidery Pow Mia Flags 3 X… 33.06 530698 06/06/2023 Amazon Capital Services 1HTY-4XYT-L1FG Power Strip, Surge Protector 48.46 530698 06/06/2023 Amazon Capital Services 1JK1-6FPJ-36NM Black Toner Cartridge 160.84 530698 06/06/2023 Amazon Capital Services 1QMY-LL66-3T19 Picture Hanging Trips 23.97 530698 06/06/2023 Amazon Capital Services 1QMY-LL66-3T19 DJ Fog Juice for Water Based … 26.43 530698 06/06/2023 Amazon Capital Services 1QMY-LL66-3T19 Vintage Lace Parasol 36.37 530698 06/06/2023 Amazon Capital Services 1QMY-LL66-3T19 Flame Orange 3 Head Micro S… 26.45 530698 06/06/2023 Amazon Capital Services 1TKW-G9FL-3NKG Lenovo 510 Wireless Keyboard… 37.18 530698 06/06/2023 Amazon Capital Services 1TXQ-HXKL-4V9W Returning Black Toner Cartrid… -160.84 Vendor 12155 - Amazon Capital Services Total: 1,473.18
Vendor: 7408 - American Fidelity
10877 05/21/2023 American Fidelity D589394 Employee Life/Accident Insur… 742.40 10877 05/21/2023 American Fidelity D589394 Employee Life/Accident Insur… 17.23 10877 05/21/2023 American Fidelity D589394 Employee Life/Accident Insur… 56.97 10877 05/21/2023 American Fidelity D589394 Employee Life/Accident Insur… 98.46 10877 05/21/2023 American Fidelity D589394 Employee Life/Accident Insur… 198.88 10877 05/21/2023 American Fidelity D589394 Employee Life/Accident Insur… 164.10 10877 05/21/2023 American Fidelity D589394 Employee Life/Accident Insur… 3.07 10877 05/21/2023 American Fidelity D589394 Employee Life/Accident Insur… 3.30 10877 05/21/2023 American Fidelity D589394 Employee Life/Accident Insur… 108.00 10877 05/21/2023 American Fidelity D589394 Employee Life/Accident Insur… 408.47 10882 06/01/2023 American Fidelity 2160082A Employee Flexible Spending A… 1,834.29 Vendor 7408 - American Fidelity Total: 3,635.17
Vendor: 0285 - Amtech Elevator Services
530699 06/06/2023 Amtech Elevator Services 151401192707 Elevator Maintenance June 23… 656.88 Vendor 0285 - Amtech Elevator Services Total: 656.88
Reg CC Mtg, June 6, 2023, Page 19 of 244
Warrant Registert Payment Dates: 5/17/2023 - 6/6/2023
5/31/2023 11:11:14 AM Page 3 of 16
Payment Number Payment Date Vendor Name Payable Number Description (Item) Amount Vendor: 12257 - Aramsco Inc.
530700 06/06/2023 Aramsco Inc. S5833412.001 Black Liners B60 X H 36 X 58 487.98 530700 06/06/2023 Aramsco Inc. S5833412.001 Reclaimed White Terry Cloth … 133.28 Vendor 12257 - Aramsco Inc. Total: 621.26
Vendor: 6609 - AT&T
530701 06/06/2023 AT&T 19904606 City Hall and Park April 23 460.01 530701 06/06/2023 AT&T 19904606 Water April 23 44.32
530701 06/06/2023 AT&T 19904608 Railroad Museum 22.89
530701 06/06/2023 AT&T 19905010 City Hall 17.20
Vendor 6609 - AT&T Total: 544.42
Vendor: 3334 - Autozone, Inc.
530702 06/06/2023 Autozone, Inc. 2859518287 Endurance Power Steering P… 33.08 530702 06/06/2023 Autozone, Inc. 2859581253 Extra Large Funnel 5.06 530702 06/06/2023 Autozone, Inc. 2859581253 Little Tree Car Freshener 7.49 530702 06/06/2023 Autozone, Inc. 2859581253 Expert Acrylic Enamel Gloss Cl… 26.66 530702 06/06/2023 Autozone, Inc. 2859581253 10W-30 Motor Oil 39.89 530702 06/06/2023 Autozone, Inc. 2859583869 5 Gal Bucket with Handle 11.44 530702 06/06/2023 Autozone, Inc. 2859583869 Extra Strength Starting Fluid 8.18 530702 06/06/2023 Autozone, Inc. 2859583869 Starting Fluid 7.04 530702 06/06/2023 Autozone, Inc. 2859583869 5/8" Pin & Clip 4.35 530702 06/06/2023 Autozone, Inc. 2859583869 Blue Shop Towels Roll 3.31 530702 06/06/2023 Autozone, Inc. 2859583869 1 3/4"-2 3/4" Hose Clamps 3.30 530702 06/06/2023 Autozone, Inc. 2859583869 7 1/2" Drop Adjustable Ball M… 51.29 530702 06/06/2023 Autozone, Inc. 2859610143 Oil Filter 6.16 530702 06/06/2023 Autozone, Inc. 2859610143 Class Cleaner 6.71 530702 06/06/2023 Autozone, Inc. 2859610143 0W-20 Motor Oil 38.80 530702 06/06/2023 Autozone, Inc. 2859622601 Long Life Bulbs 16.52 530702 06/06/2023 Autozone, Inc. 2859629384 Long Life Bulbs 8.81 530702 06/06/2023 Autozone, Inc. 2859637632 Diesel Exhaust Fluid 45.18 530702 06/06/2023 Autozone, Inc. 2859637632 Window Squeegee 7.49 530702 06/06/2023 Autozone, Inc. 2859645247 2" x 27' Ratchet with Flat Hook 25.35 530702 06/06/2023 Autozone, Inc. 2859652596 5 Gal Buckt with Handle 5.72 530702 06/06/2023 Autozone, Inc. 2859652596 Concentrated Car Wash 5.45 530702 06/06/2023 Autozone, Inc. 2859652596 All Cleaning Wipes 14.53 530702 06/06/2023 Autozone, Inc. 2859652596 Natural Chamois 17.08 530702 06/06/2023 Autozone, Inc. 2859652596 Tire Wet Spray 17.84 Vendor 3334 - Autozone, Inc. Total: 416.73
Vendor: 12252 - Barry Waite
530703 06/06/2023 Barry Waite 052123 Reimbursement for Mileage, … 1,004.76 Vendor 12252 - Barry Waite Total: 1,004.76
Vendor: 12848 - Beatrice Alvarado
530704 06/06/2023 Beatrice Alvarado 2004053.001 Refund-Tom Rico Center Depo… 200.00 Vendor 12848 - Beatrice Alvarado Total: 200.00
Vendor: 7113 - Bee 'N Wasp Nest Removal
530705 06/06/2023 Bee 'N Wasp Nest Removal 957169 Remove Bees 125.00 Vendor 7113 - Bee 'N Wasp Nest Removal Total: 125.00
Vendor: 7477 - Best Best & Krieger, LLP
530706 06/06/2023 Best Best & Krieger, LLP 962935 Legal Services March 23 6,975.44 530706 06/06/2023 Best Best & Krieger, LLP 962935 Legal Services March 23 1,230.96 530706 06/06/2023 Best Best & Krieger, LLP 962936 Code Enforcement/General Lit… 5,514.05 530706 06/06/2023 Best Best & Krieger, LLP 965401 Legal Services April 2023 8,085.20 530706 06/06/2023 Best Best & Krieger, LLP 965401 Legal Services April 2023 1,426.80 530706 06/06/2023 Best Best & Krieger, LLP 965402 Code Enforcement/General Lit… 2,291.80 Vendor 7477 - Best Best & Krieger, LLP Total: 25,524.25 Vendor: 12762 - Brianna Rindge
530707 06/06/2023 Brianna Rindge 05092023 Mileage Reimbursement 21.22 530707 06/06/2023 Brianna Rindge 050923 Reimbursement for Directors … 12.65 Reg CC Mtg, June 6, 2023, Page 20 of 244
Warrant Registert Payment Dates: 5/17/2023 - 6/6/2023
5/31/2023 11:11:14 AM Page 4 of 16
Payment Number Payment Date Vendor Name Payable Number Description (Item) Amount 530707 06/06/2023 Brianna Rindge 052423 Mileage Reimbursement 252.32 Vendor 12762 - Brianna Rindge Total: 286.19
Vendor: 12180 - Burnin Daylight Brewing Company
530708 06/06/2023 Burnin Daylight Brewing Com… ARPA 2023 Facade Improvement Program… 25,000.00 Vendor 12180 - Burnin Daylight Brewing Company Total: 25,000.00 Vendor: 7319 - California State Disbursement Unit
530687 05/30/2023 California State Disbursement… 060223 Employee Garnishment-Pay D… 230.76 530709 06/06/2023 California State Disbursement… 061623 Employee Garnishment-Pay D… 230.76 Vendor 7319 - California State Disbursement Unit Total: 461.52 Vendor: 12453 - Capital One Public Funding LLC
10884 05/31/2023 Capital One Public Funding LLC 053123 Debt Services-Principal and In… 230,505.90 Vendor 12453 - Capital One Public Funding LLC Total: 230,505.90 Vendor: 3561 - CivicPlus, LLC
530710 06/06/2023 CivicPlus, LLC 259737 Municode Administrative Sup… 350.00 Vendor 3561 - CivicPlus, LLC Total: 350.00
Vendor: 4040 - Colonial Insurance Co.
10876 05/19/2023 Colonial Insurance Co. May 23 Employee Life/Accident Insur… 474.33 10876 05/19/2023 Colonial Insurance Co. May 23 Employee Life/Accident Insur… 453.82 10876 05/19/2023 Colonial Insurance Co. May 23 Employee Life/Accident Insur… 220.87 10876 05/19/2023 Colonial Insurance Co. May 23 Employee Life/Accident Insur… 80.09 10876 05/19/2023 Colonial Insurance Co. May 23 Employee Life/Accident Insur… 73.62 10876 05/19/2023 Colonial Insurance Co. May 23 Employee Life/Accident Insur… 97.04 Vendor 4040 - Colonial Insurance Co. Total: 1,399.77
Vendor: 0915 - Copy Rite Printing
530711 06/06/2023 Copy Rite Printing 39562 Code Enforcement Notice Fo… 39.37 530711 06/06/2023 Copy Rite Printing 39574 10 Regular Envelopes With Bl… 123.46 Vendor 0915 - Copy Rite Printing Total: 162.83
Vendor: 7371 - Corporate Payment Systems
530712 06/06/2023 Corporate Payment Systems H. Flores 042523 Coffee Supplies 109.08 530712 06/06/2023 Corporate Payment Systems H. Flores 042523 Mower Maintenance Supplies 373.68 Vendor 7371 - Corporate Payment Systems Total: 482.76
Vendor: 6757 - Dataprose, Inc.
530713 06/06/2023 Dataprose, Inc. 3P71430 Consumer Confidence Reports… 317.20 530713 06/06/2023 Dataprose, Inc. Water Bills and Leak Letters Water Bills 391.59 530713 06/06/2023 Dataprose, Inc. Water Bills and Leak Letters Leak Letters 248.89 Vendor 6757 - Dataprose, Inc. Total: 957.68
Vendor: 12704 - David Evans & Associates, Inc.
530714 06/06/2023 David Evans & Associates, Inc. 535119 Engineering Design-Street Rec… 2,479.00 Vendor 12704 - David Evans & Associates, Inc. Total: 2,479.00 Vendor: 12837 - Daylight Sales
530715 06/06/2023 Daylight Sales 220091 Gift Shop Supplies-Sales Tax -26.55 530715 06/06/2023 Daylight Sales 220091 Black Hat W/White Lettering (… 313.78 Vendor 12837 - Daylight Sales Total: 287.23
Vendor: 12838 - DD Montes Construction Inc
530716 06/06/2023 DD Montes Construction Inc 051723 Refund Plan Review 7.31 530716 06/06/2023 DD Montes Construction Inc 051723 Refund Plan Review 182.75 Vendor 12838 - DD Montes Construction Inc Total: 190.06 Vendor: 7301 - Discount Playground Supply, Inc.
530717 06/06/2023 Discount Playground Supply, I… 17457 Fast Patch Binder 1 Quart 304.07 530717 06/06/2023 Discount Playground Supply, I… 17457 Blue-Black XL Fast Patch 641.54 Vendor 7301 - Discount Playground Supply, Inc. Total: 945.61 Vendor: 7438 - Duke Service Center, Inc.
530718 06/06/2023 Duke Service Center, Inc. 043023 PW-PK 802.29 530718 06/06/2023 Duke Service Center, Inc. 043023 PW-Street 1,321.17 530718 06/06/2023 Duke Service Center, Inc. 043023 Water 123.49 Vendor 7438 - Duke Service Center, Inc. Total: 2,246.95 Reg CC Mtg, June 6, 2023, Page 21 of 244
Warrant Registert Payment Dates: 5/17/2023 - 6/6/2023
5/31/2023 11:11:14 AM Page 5 of 16
Payment Number Payment Date Vendor Name Payable Number Description (Item) Amount Vendor: 12205 - Elite Equipment Rental, LLC
530719 06/06/2023 Elite Equipment Rental, LLC 144 Founder's Day-Train Ride Serv… 1,850.00 Vendor 12205 - Elite Equipment Rental, LLC Total: 1,850.00 Vendor: 6694 - Fireworks & Stage FX America
530720 06/06/2023 Fireworks & Stage FX America 21292 Founder's Day Fireworks-Final… 9,500.00 Vendor 6694 - Fireworks & Stage FX America Total: 9,500.00 Vendor: 12849 - Galaxy Security Company Inc
530721 06/06/2023 Galaxy Security Company Inc 001 Security Services-12 Unarmed… 11,400.00 Vendor 12849 - Galaxy Security Company Inc Total: 11,400.00 Vendor: 3962 - Ganahl Lumber Company
530722 06/06/2023 Ganahl Lumber Company 150837123 Respirator Masks 59.38 Vendor 3962 - Ganahl Lumber Company Total: 59.38
Vendor: 12282 - Haag Networking LLC
530723 06/06/2023 Haag Networking LLC 4835 Network Cables Installation-L… 6,759.17 530723 06/06/2023 Haag Networking LLC 4835 Network Cables Installation-… 5,312.75 Vendor 12282 - Haag Networking LLC Total: 12,071.92
Vendor: 6946 - Hach Company
530724 06/06/2023 Hach Company 13592906 FA Chlorinating Solution 4ML 248.03 530724 06/06/2023 Hach Company 13592906 Nitriver 3 PWD 10ML 100-Pk 203.91 530724 06/06/2023 Hach Company 13592906 Monochloride Reagent 100-Pk 423.48 Vendor 6946 - Hach Company Total: 875.42
Vendor: 3052 - Home Depot Credit Services
530725 06/06/2023 Home Depot Credit Services 1080509 1/2" Copper Pressure 90-Degr… 2.32 530725 06/06/2023 Home Depot Credit Services 1080509 1/2" Copper Pressure Slip Cou… 2.77 530725 06/06/2023 Home Depot Credit Services 1080509 1/2" Heavy-Duty Fitting Brush 4.17 530725 06/06/2023 Home Depot Credit Services 1080509 1/2" x 2' Copper Type L Pipe 18.99 530725 06/06/2023 Home Depot Credit Services 1080509 Single Flint Striker with Flints 9.90 530725 06/06/2023 Home Depot Credit Services 3524530 White Painter's Rags 200-Cou… 46.24 530725 06/06/2023 Home Depot Credit Services 3524530 Paint Care Fee 2.60 530725 06/06/2023 Home Depot Credit Services 3524530 Shed Resistant White Woven… 20.05 530725 06/06/2023 Home Depot Credit Services 3524530 Angled Sash Utility Paint Brush… 20.90 530725 06/06/2023 Home Depot Credit Services 3524530 1 gal. Protective Enamel Gloss… 255.69 530725 06/06/2023 Home Depot Credit Services 3524530 7" Mini Roller Tray Black 33.34 530725 06/06/2023 Home Depot Credit Services 5094150 1 Gal. Lavender Disinfectant a… 11.84 530725 06/06/2023 Home Depot Credit Services 5094150 Liquid Hand Soap Refill 50 oz 13.19 530725 06/06/2023 Home Depot Credit Services 5094150 All Purpose Multi-Surface Cle… 16.96 530725 06/06/2023 Home Depot Credit Services 5094150 Disinfecting Bleach Cleaner 12… 21.43 530725 06/06/2023 Home Depot Credit Services 5094150 14" x 14" Microfiber Cloth To… 22.01 530725 06/06/2023 Home Depot Credit Services 5094150 All-Purpose Cleaner 27.74 530725 06/06/2023 Home Depot Credit Services 6030672 Water Bottle Deposit 4.80 530725 06/06/2023 Home Depot Credit Services 6030672 Bottle Water 19.92 530725 06/06/2023 Home Depot Credit Services 6030672 1" x 4" x 16' Standard and Bet… 33.88 530725 06/06/2023 Home Depot Credit Services 6030672 California Lumber Fee 0.28 530725 06/06/2023 Home Depot Credit Services 7510950 10 in. Flow-Thru Wash Brush 8.81 530725 06/06/2023 Home Depot Credit Services 7510950 Lock-On Multi-Angle Wash Br… 16.50 530725 06/06/2023 Home Depot Credit Services 7510950 1 Gal. Herbal Scent Antibacter… 19.49 530725 06/06/2023 Home Depot Credit Services 7510950 Lock-On 4-Sided Deck Scrub B… 21.79 530725 06/06/2023 Home Depot Credit Services 7510950 12 ft. Aluminum Telescoping … 37.45 530725 06/06/2023 Home Depot Credit Services 9031143 Water Bottle Deposit 7.20 530725 06/06/2023 Home Depot Credit Services 9031143 Bottle Water 29.88 Vendor 3052 - Home Depot Credit Services Total: 730.14
Vendor: 3037 - ICON
530726 06/06/2023 ICON 9055-2 Youth Sport Shirts with Numb… 1,482.25 Vendor 3037 - ICON Total: 1,482.25
Vendor: 3395 - International Institute of Municipal Clerks 530727 06/06/2023 International Institute of Muni…041123 IIMC Membership Dues-L. Ab… 150.00 Vendor 3395 - International Institute of Municipal Clerks Total: 150.00 Reg CC Mtg, June 6, 2023, Page 22 of 244
Warrant Registert Payment Dates: 5/17/2023 - 6/6/2023
5/31/2023 11:11:14 AM Page 6 of 16
Payment Number Payment Date Vendor Name Payable Number Description (Item) Amount Vendor: 12598 - James Productions Inc.
530728 06/06/2023 James Productions Inc. 06219-JT Founder's Day-Ferris Wheel, Sl… 28,200.00 Vendor 12598 - James Productions Inc. Total: 28,200.00
Vendor: 4684 - Janpier Adamzadeh
530729 06/06/2023 Janpier Adamzadeh 052523 Wellness Reimbursement 150.00 Vendor 4684 - Janpier Adamzadeh Total: 150.00
Vendor: 7420 - JFS Care
530730 06/06/2023 JFS Care April 23 Services-Lifeline April 23 780.00 Vendor 7420 - JFS Care Total: 780.00
Vendor: 6915 - Jim Gazeley
530731 06/06/2023 Jim Gazeley 052223 Mileage Reimbursement 179.47 Vendor 6915 - Jim Gazeley Total: 179.47
Vendor: 12069 - Joe A. Gonsalves & Son
530732 06/06/2023 Joe A. Gonsalves & Son 160742 Consulting Services May 23 3,000.00 Vendor 12069 - Joe A. Gonsalves & Son Total: 3,000.00
Vendor: 7498 - Johnson Controls Security Solutions
530733 06/06/2023 Johnson Controls Security Solu…38826102 Museum Security June 23-Au… 281.37 Vendor 7498 - Johnson Controls Security Solutions Total: 281.37 Vendor: 3507 - L&B Pipe and Supply Co.
530734 06/06/2023 L&B Pipe and Supply Co. S115481266.001 Schedule 80 PVC 90 Elb 223.17 530734 06/06/2023 L&B Pipe and Supply Co. S115481266.001 Dottie 3/8 X Wedge Anchors F… 5.45 530734 06/06/2023 L&B Pipe and Supply Co. S115481266.001 Dottie 3/8 X Wedge Anchors F… 4.52 Vendor 3507 - L&B Pipe and Supply Co. Total: 233.14
Vendor: 3130 - L.A. County Department of Animal Care & Control 530735 06/06/2023 L.A. County Department of An…April 23 Animal Housing April 23 -755.00 530735 06/06/2023 L.A. County Department of An…April 23 Animal Housing April 23 4,648.88 Vendor 3130 - L.A. County Department of Animal Care & Control Total: 3,893.88 Vendor: 3187 - L.A. County Department of Public Works
530736 06/06/2023 L.A. County Department of Pu… RE-PW-23050805877 Industrial Waste April 23 4,357.94 Vendor 3187 - L.A. County Department of Public Works Total: 4,357.94 Vendor: 3048 - L.A. County Sheriff's Department
530737 06/06/2023 L.A. County Sheriff's Departm… 233031EC March 23 282,614.15 530737 06/06/2023 L.A. County Sheriff's Departm… 233031EC March 23 17,604.75 530737 06/06/2023 L.A. County Sheriff's Departm… 233031EC March 23 33,024.08 530737 06/06/2023 L.A. County Sheriff's Departm… 233056DL Traffic Enforcement April 23 1,146.05 Vendor 3048 - L.A. County Sheriff's Department Total: 334,389.03 Vendor: 3331 - Lee's Tires
530738 06/06/2023 Lee's Tires 77954 2019 Ford F-150 Tire Repair 25.00 Vendor 3331 - Lee's Tires Total: 25.00
Vendor: 12247 - LegalShield
530739 06/06/2023 LegalShield May 23 Employee Legal Insurance Be… 107.40 Vendor 12247 - LegalShield Total: 107.40
Vendor: 6349 - Liebert Cassidy Whitmore
530740 06/06/2023 Liebert Cassidy Whitmore 240355 HR Attorney 255.00 530740 06/06/2023 Liebert Cassidy Whitmore 240355 HR Attorney 255.00 Vendor 6349 - Liebert Cassidy Whitmore Total: 510.00
Vendor: 12844 - Light Your Events Co
530741 06/06/2023 Light Your Events Co 7A2AB210-0004 Grad Sign Numbers-Sales Tax -330.05 530741 06/06/2023 Light Your Events Co 7A2AB210-0004 Grad Sign Numbers-4ft Marqu… 3,550.05 Vendor 12844 - Light Your Events Co Total: 3,220.00
Vendor: 6442 - Lincoln National Life Insurance Co.
10883 06/01/2023 Lincoln National Life Insurance…4554101537 Employee Life/STD/LTD Insur… 34.84 10883 06/01/2023 Lincoln National Life Insurance…4554101537 Employee Life/STD/LTD Insur… 219.80 10883 06/01/2023 Lincoln National Life Insurance…4554101537 Employee Life/STD/LTD Insur… 105.72 10883 06/01/2023 Lincoln National Life Insurance…4554101537 Employee Life/STD/LTD Insur… 21.01 10883 06/01/2023 Lincoln National Life Insurance…4554101537 Employee Life/STD/LTD Insur… 134.53 Reg CC Mtg, June 6, 2023, Page 23 of 244
Warrant Registert Payment Dates: 5/17/2023 - 6/6/2023
5/31/2023 11:11:14 AM Page 7 of 16
Payment Number Payment Date Vendor Name Payable Number Description (Item) Amount 10883 06/01/2023 Lincoln National Life Insurance…4554101537 Employee Life/STD/LTD Insur… 26.52 10883 06/01/2023 Lincoln National Life Insurance…4554101537 Employee Life/STD/LTD Insur… 4.16 10883 06/01/2023 Lincoln National Life Insurance…4554101537 Employee Life/STD/LTD Insur… 27.25 10883 06/01/2023 Lincoln National Life Insurance…4554101537 Employee Life/STD/LTD Insur… 29.86 10883 06/01/2023 Lincoln National Life Insurance…4554101537 Employee Life/STD/LTD Insur… 5.20 10883 06/01/2023 Lincoln National Life Insurance…4554101537 Employee Life/STD/LTD Insur… 46.80 10883 06/01/2023 Lincoln National Life Insurance…4554101537 Employee Life/STD/LTD Insur… 244.54 10883 06/01/2023 Lincoln National Life Insurance…4554101537 Employee Life/STD/LTD Insur… 19.76 10883 06/01/2023 Lincoln National Life Insurance…4554101537 Employee Life/STD/LTD Insur… 113.11 10883 06/01/2023 Lincoln National Life Insurance…4554101537 Employee Life/STD/LTD Insur… 20.28 10883 06/01/2023 Lincoln National Life Insurance…4554101537 Employee Life/STD/LTD Insur… 87.54 10883 06/01/2023 Lincoln National Life Insurance…4554101537 Employee Life/STD/LTD Insur… 41.60 10883 06/01/2023 Lincoln National Life Insurance…4554101537 Employee Life/STD/LTD Insur… 168.65 10883 06/01/2023 Lincoln National Life Insurance…4554101537 Employee Life/STD/LTD Insur… 76.78 10883 06/01/2023 Lincoln National Life Insurance…4554101537 Employee Life/STD/LTD Insur… 11.44 10883 06/01/2023 Lincoln National Life Insurance…4554101537 Employee Life/STD/LTD Insur… 54.60 10883 06/01/2023 Lincoln National Life Insurance…4554101537 Employee Life/STD/LTD Insur… 163.63 10883 06/01/2023 Lincoln National Life Insurance…4554101537 Employee Life/STD/LTD Insur… 67.32 10883 06/01/2023 Lincoln National Life Insurance…4554101537 Employee Life/STD/LTD Insur… 20.80 10883 06/01/2023 Lincoln National Life Insurance…4554101537 Employee Life/STD/LTD Insur… 5.51 10883 06/01/2023 Lincoln National Life Insurance…4554101537 Employee Life/STD/LTD Insur… 24.57 10883 06/01/2023 Lincoln National Life Insurance…4554101537 Employee Life/STD/LTD Insur… -4.45 10883 06/01/2023 Lincoln National Life Insurance…4554101537 Employee Life/STD/LTD Insur… 6.76 10883 06/01/2023 Lincoln National Life Insurance…4554101537 Employee Life/STD/LTD Insur… 50.81 10883 06/01/2023 Lincoln National Life Insurance…4554101537 Employee Life/STD/LTD Insur… 4.68 10883 06/01/2023 Lincoln National Life Insurance…4554101537 Employee Life/STD/LTD Insur… 22.97 10883 06/01/2023 Lincoln National Life Insurance…4554101537 Employee Life/STD/LTD Insur… 125.87 10883 06/01/2023 Lincoln National Life Insurance…4554101537 Employee Life/STD/LTD Insur… 25.48 10883 06/01/2023 Lincoln National Life Insurance…4554101537 Employee Life/STD/LTD Insur… 29.16 10883 06/01/2023 Lincoln National Life Insurance…4554101537 Employee Life/STD/LTD Insur… 5.20 10883 06/01/2023 Lincoln National Life Insurance…4554101537 Employee Life/STD/LTD Insur… 485.80 10883 06/01/2023 Lincoln National Life Insurance…4554101537 Employee Life/STD/LTD Insur… 102.96 Vendor 6442 - Lincoln National Life Insurance Co. Total: 2,631.06 Vendor: 12839 - Linda Okumura
530742 06/06/2023 Linda Okumura 051623 RecLine Dancing Instructor 711.90 Vendor 12839 - Linda Okumura Total: 711.90
Vendor: 3069 - M & N Trophies
530743 06/06/2023 M & N Trophies 4827 Name Plate 90.13
530743 06/06/2023 M & N Trophies 4827 Name Plate 20.64
Vendor 3069 - M & N Trophies Total: 110.77
Vendor: 3085 - Mark's Lock & Safe, Inc.
530744 06/06/2023 Mark's Lock & Safe, Inc. 0000036449 Duplicate Keys for Breaker Box 27.12 Vendor 3085 - Mark's Lock & Safe, Inc. Total: 27.12
Vendor: 7247 - Michael Baker International, Inc.
530745 06/06/2023 Michael Baker International, I… 1179220 Consulting Services-CDBG Lifel… 600.00 Vendor 7247 - Michael Baker International, Inc. Total: 600.00 Vendor: 7377 - MidAmerica Administrative & Retirement Solutions 530746 06/06/2023 MidAmerica Administrative &… 0209333 Retiree Health Administration 588.00 Vendor 7377 - MidAmerica Administrative & Retirement Solutions Total: 588.00 Vendor: 12647 - Mighty Torrente
530747 06/06/2023 Mighty Torrente 051623 Beginner's Magic Instructor 107.10 Vendor 12647 - Mighty Torrente Total: 107.10
Vendor: 3217 - MissionSquare Retirement
10878 05/18/2023 MissionSquare Retirement PD051923 Deferred Compensation Pay D… 12,715.64 10878 05/18/2023 MissionSquare Retirement PD051923 Deferred Compensation Pay D… 306.51 10878 05/18/2023 MissionSquare Retirement PD051923 Deferred Compensation Pay D… 290.93 10878 05/18/2023 MissionSquare Retirement PD051923 Deferred Compensation Pay D… 16.20 10878 05/18/2023 MissionSquare Retirement PD051923 Deferred Compensation Pay D… 144.79 Reg CC Mtg, June 6, 2023, Page 24 of 244
Warrant Registert Payment Dates: 5/17/2023 - 6/6/2023
5/31/2023 11:11:14 AM Page 8 of 16
Payment Number Payment Date Vendor Name Payable Number Description (Item) Amount 10878 05/18/2023 MissionSquare Retirement PD051923 Deferred Compensation Pay D… 300.27 10878 05/18/2023 MissionSquare Retirement PD051923 Deferred Compensation Pay D… 182.34 10878 05/18/2023 MissionSquare Retirement PD051923 Deferred Compensation Pay D… 214.49 10878 05/18/2023 MissionSquare Retirement PD051923 Deferred Compensation Pay D… 207.10 10878 05/18/2023 MissionSquare Retirement PD051923 Deferred Compensation Pay D… 110.29 10878 05/18/2023 MissionSquare Retirement PD051923 Deferred Compensation Pay D… 228.61 10878 05/18/2023 MissionSquare Retirement PD051923 Deferred Compensation Pay D… 184.77 10878 05/18/2023 MissionSquare Retirement PD051923 Deferred Compensation Pay D… 48.77 10878 05/18/2023 MissionSquare Retirement PD051923 Deferred Compensation Pay D… 8.96 10878 05/18/2023 MissionSquare Retirement PD051923 Deferred Compensation Pay D… 60.31 10878 05/18/2023 MissionSquare Retirement PD051923 Deferred Compensation Pay D… 82.03 10878 05/18/2023 MissionSquare Retirement PD051923 Deferred Compensation Pay D… 144.79 10878 05/18/2023 MissionSquare Retirement PD051923 Deferred Compensation Pay D… 952.59 Vendor 3217 - MissionSquare Retirement Total: 16,199.39 Vendor: 7496 - Numa Networks
530748 06/06/2023 Numa Networks 34468 Fortinet 1 Year Service, Expirat… 2,338.46 530748 06/06/2023 Numa Networks 34468 Fortinet 1 Year Service, Expirat… 2,338.45 530748 06/06/2023 Numa Networks 34501 Network Extension BOM-Labor 738.00 530748 06/06/2023 Numa Networks 34501 Aruba Central Foundation-1 Yr… 304.21 530748 06/06/2023 Numa Networks 34501 Network Extension BOM-Mat… 2,001.42 Vendor 7496 - Numa Networks Total: 7,720.54
Vendor: 12004 - Occupational Health Centers of CA, A Medical Grp 530749 06/06/2023 Occupational Health Centers o…79184997 Pre-Employee Physical Exam 104.00 Vendor 12004 - Occupational Health Centers of CA, A Medical Grp Total: 104.00 Vendor: 6594 - Office Depot Business Solutions, LLC
530750 06/06/2023 Office Depot Business Solutio… 304490988001 Copy Paper 10 Reams-Case 87.96 530750 06/06/2023 Office Depot Business Solutio… 304490988001 Post-It Note 5 X 2 24-Pk 12.64 530750 06/06/2023 Office Depot Business Solutio… 311980686001 Brother Toner 89.28 530750 06/06/2023 Office Depot Business Solutio… 313225167001 Kleenex Facial Tissue, 6-Pk 15.40 530750 06/06/2023 Office Depot Business Solutio… 313225167001 Post-it® Notes, 3" x 3", 12-Pk 16.53 530750 06/06/2023 Office Depot Business Solutio… 313225167001 USB 2.0 Flash Drives, 16GB, 5-… 30.89 530750 06/06/2023 Office Depot Business Solutio… 313225167001 McCafe Ground Coffee, 1.87 lb… 11.91 Vendor 6594 - Office Depot Business Solutions, LLC Total: 264.61 Vendor: 12843 - Offset Coffee Roasters, LLC
530751 06/06/2023 Offset Coffee Roasters, LLC ARPA 2023 Job Creation Program-ARPA 10,000.00 Vendor 12843 - Offset Coffee Roasters, LLC Total: 10,000.00 Vendor: 12846 - Olivia Echevarria
530752 06/06/2023 Olivia Echevarria 2004045.001 Refund-Picnic Shelter Deposit… 40.00 Vendor 12846 - Olivia Echevarria Total: 40.00
Vendor: 12685 - ON Graphics
530753 06/06/2023 ON Graphics 7363 18 oz Vinyl Banner 2 Sided/Bo… 77.18 Vendor 12685 - ON Graphics Total: 77.18
Vendor: 4105 - Pacific Western Bank
10879 05/18/2023 Pacific Western Bank PE051223 Federal & Medicare Taxes-Pay… 2,294.51 10879 05/18/2023 Pacific Western Bank PE051223 Federal & Medicare Taxes-Pay… 15,993.40 10879 05/18/2023 Pacific Western Bank PE051223 Federal & Medicare Taxes-Pay… 9.53 10879 05/18/2023 Pacific Western Bank PE051223 Federal & Medicare Taxes-Pay… 251.66 10879 05/18/2023 Pacific Western Bank PE051223 Federal & Medicare Taxes-Pay… 95.92 10879 05/18/2023 Pacific Western Bank PE051223 Federal & Medicare Taxes-Pay… 113.87 10879 05/18/2023 Pacific Western Bank PE051223 Federal & Medicare Taxes-Pay… 5.43 10879 05/18/2023 Pacific Western Bank PE051223 Federal & Medicare Taxes-Pay… 27.71 10879 05/18/2023 Pacific Western Bank PE051223 Federal & Medicare Taxes-Pay… 20.04 10879 05/18/2023 Pacific Western Bank PE051223 Federal & Medicare Taxes-Pay… 41.52 10879 05/18/2023 Pacific Western Bank PE051223 Federal & Medicare Taxes-Pay… 7.87 10879 05/18/2023 Pacific Western Bank PE051223 Federal & Medicare Taxes-Pay… 215.39 10879 05/18/2023 Pacific Western Bank PE051223 Federal & Medicare Taxes-Pay… 4.20 10879 05/18/2023 Pacific Western Bank PE051223 Federal & Medicare Taxes-Pay… 101.22 10879 05/18/2023 Pacific Western Bank PE051223 Federal & Medicare Taxes-Pay… 111.32 Reg CC Mtg, June 6, 2023, Page 25 of 244
Warrant Registert Payment Dates: 5/17/2023 - 6/6/2023
5/31/2023 11:11:14 AM Page 9 of 16
Payment Number Payment Date Vendor Name Payable Number Description (Item) Amount 10879 05/18/2023 Pacific Western Bank PE051223 Federal & Medicare Taxes-Pay… 18.70 10879 05/18/2023 Pacific Western Bank PE051223 Federal & Medicare Taxes-Pay… 92.72 10879 05/18/2023 Pacific Western Bank PE051223 Federal & Medicare Taxes-Pay… 97.09 10879 05/18/2023 Pacific Western Bank PE051223 Federal & Medicare Taxes-Pay… 125.26 10879 05/18/2023 Pacific Western Bank PE051223 Federal & Medicare Taxes-Pay… 135.83 10879 05/18/2023 Pacific Western Bank PE051223 Federal & Medicare Taxes-Pay… 30.74 10879 05/18/2023 Pacific Western Bank PE051223 Federal & Medicare Taxes-Pay… 10.09 10879 05/18/2023 Pacific Western Bank PE051223 Federal & Medicare Taxes-Pay… 67.77 10879 05/18/2023 Pacific Western Bank PE051223 Federal & Medicare Taxes-Pay… 22.67 10879 05/18/2023 Pacific Western Bank PE051223 Federal & Medicare Taxes-Pay… 1.12 10879 05/18/2023 Pacific Western Bank PE051223 Federal & Medicare Taxes-Pay… 60.64 10879 05/18/2023 Pacific Western Bank PE051223 Federal & Medicare Taxes-Pay… 21.69 10879 05/18/2023 Pacific Western Bank PE051223 Federal & Medicare Taxes-Pay… 120.89 10879 05/18/2023 Pacific Western Bank PE051223 Federal & Medicare Taxes-Pay… 28.20 10879 05/18/2023 Pacific Western Bank PE051223 Federal & Medicare Taxes-Pay… 455.41 10880 05/18/2023 Pacific Western Bank PE051223A State Tax Withholdings-Pay E… 6,050.68 Vendor 4105 - Pacific Western Bank Total: 26,633.09
Vendor: 4080 - PERS Long-Term Care Program
530754 06/06/2023 PERS Long-Term Care Program 14925363 Employee Long Term Care Ins… 336.88 530754 06/06/2023 PERS Long-Term Care Program 14925363 Employee Long Term Care Ins… 59.45 Vendor 4080 - PERS Long-Term Care Program Total: 396.33 Vendor: 12847 - Peter Nishita
530755 06/06/2023 Peter Nishita 2004052.001 Refund-Hourly Gym Fee- Resi… 86.00 Vendor 12847 - Peter Nishita Total: 86.00
Vendor: 9052 - Pixel Graphic Design
530756 06/06/2023 Pixel Graphic Design 1043 Digital Museum Flyers 220.50 530756 06/06/2023 Pixel Graphic Design 1044 Teen Program Brochure Page … 150.00 530756 06/06/2023 Pixel Graphic Design 1044 Digital Teen Program Brochure 358.31 Vendor 9052 - Pixel Graphic Design Total: 728.81
Vendor: 4090 - Public Employee Retirement System
10881 05/24/2023 Public Employee Retirement S…PE051223 Retirement Contributions-Pay… 11,664.19 10881 05/24/2023 Public Employee Retirement S…PE051223 Retirement Contributions-Pay… 25.88 10881 05/24/2023 Public Employee Retirement S…PE051223 Retirement Contributions-Pay… 700.21 10881 05/24/2023 Public Employee Retirement S…PE051223 Retirement Contributions-Pay… 807.58 10881 05/24/2023 Public Employee Retirement S…PE051223 Retirement Contributions-Pay… 308.88 10881 05/24/2023 Public Employee Retirement S…PE051223 Retirement Contributions-Pay… 150.99 10881 05/24/2023 Public Employee Retirement S…PE051223 Retirement Contributions-Pay… 202.35 10881 05/24/2023 Public Employee Retirement S…PE051223 Retirement Contributions-Pay… 257.02 10881 05/24/2023 Public Employee Retirement S…PE051223 Retirement Contributions-Pay… 230.24 10881 05/24/2023 Public Employee Retirement S…PE051223 Retirement Contributions-Pay… 487.45 10881 05/24/2023 Public Employee Retirement S…PE051223 Retirement Contributions-Pay… 132.61 10881 05/24/2023 Public Employee Retirement S…PE051223 Retirement Contributions-Pay… 136.71 10881 05/24/2023 Public Employee Retirement S…PE051223 Retirement Contributions-Pay… 1,217.42 10881 05/24/2023 Public Employee Retirement S…PE051223 Retirement Contributions-Pay… 143.71 10881 05/24/2023 Public Employee Retirement S…PE051223 Retirement Contributions-Pay… 420.00 10881 05/24/2023 Public Employee Retirement S…PE051223 Retirement Contributions-Pay… 263.52 10881 05/24/2023 Public Employee Retirement S…PE051223 Retirement Contributions-Pay… 200.83 10881 05/24/2023 Public Employee Retirement S…PE051223 Retirement Contributions-Pay… 819.18 10881 05/24/2023 Public Employee Retirement S…PE051223 Retirement Contributions-Pay… 291.09 10881 05/24/2023 Public Employee Retirement S…PE051223 Retirement Contributions-Pay… 871.14 10881 05/24/2023 Public Employee Retirement S…PE051223 Retirement Contributions-Pay… 276.71 10881 05/24/2023 Public Employee Retirement S…PE051223 Retirement Contributions-Pay… 446.24 10881 05/24/2023 Public Employee Retirement S…PE051223 Retirement Contributions-Pay… 268.50 10881 05/24/2023 Public Employee Retirement S…PE051223 Retirement Contributions-Pay… 334.72 10881 05/24/2023 Public Employee Retirement S…PE051223 Retirement Contributions-Pay… 79.47 10881 05/24/2023 Public Employee Retirement S…PE051223 Retirement Contributions-Pay… 28.11 10881 05/24/2023 Public Employee Retirement S…PE051223 Retirement Contributions-Pay… 45.77 10881 05/24/2023 Public Employee Retirement S…PE051223 Retirement Contributions-Pay… 2.88 10881 05/24/2023 Public Employee Retirement S…PE051223 Retirement Contributions-Pay… 123.57 Reg CC Mtg, June 6, 2023, Page 26 of 244
Warrant Registert Payment Dates: 5/17/2023 - 6/6/2023
5/31/2023 11:11:14 AM Page 10 of 16
Payment Number Payment Date Vendor Name Payable Number Description (Item) Amount 10881 05/24/2023 Public Employee Retirement S…PE051223 Retirement Contributions-Pay… 269.19 10881 05/24/2023 Public Employee Retirement S…PE051223 Retirement Contributions-Pay… 34.44 10881 05/24/2023 Public Employee Retirement S…PE051223 Retirement Contributions-Pay… 50.59 10881 05/24/2023 Public Employee Retirement S…PE051223 Retirement Contributions-Pay… 49.29 10881 05/24/2023 Public Employee Retirement S…PE051223 Retirement Contributions-Pay… 76.75 10881 05/24/2023 Public Employee Retirement S…PE051223 Retirement Contributions-Pay… 452.35 10881 05/24/2023 Public Employee Retirement S…PE051223 Retirement Contributions-Pay… 221.04 10881 05/24/2023 Public Employee Retirement S…PE051223 Retirement Contributions-Pay… 144.65 10881 05/24/2023 Public Employee Retirement S…PE051223 Retirement Contributions-Pay… 605.23 10881 05/24/2023 Public Employee Retirement S…PE051223 Retirement Contributions-Pay… 1,004.33 10881 05/24/2023 Public Employee Retirement S…PE051223 Retirement Contributions-Pay… 1,249.32 Vendor 4090 - Public Employee Retirement System Total: 25,094.15 Vendor: 12265 - R C Foster Corporation
530757 06/06/2023 R C Foster Corporation 01-23-034 CWPF Upgrades 108,889.00 Vendor 12265 - R C Foster Corporation Total: 108,889.00 Vendor: 12845 - Rick Redlich
530758 06/06/2023 Rick Redlich 2004043.001 Refund-Rental Deposit-Muse… 100.00 Vendor 12845 - Rick Redlich Total: 100.00
Vendor: 7463 - Sakioka Wholesale Nursery, Inc.
530759 06/06/2023 Sakioka Wholesale Nursery, In…20084900 Lavandula (Green) Dentata 42.34 530759 06/06/2023 Sakioka Wholesale Nursery, In…20084900 Festuca Glauca Elijah Blue 89.96 530759 06/06/2023 Sakioka Wholesale Nursery, In…20084900 Senecio Mandraliscae 140.72 530759 06/06/2023 Sakioka Wholesale Nursery, In…20084900 Echium Fastuosum 48.29 530759 06/06/2023 Sakioka Wholesale Nursery, In…20085147 Pinus Canariensis 146.16 Vendor 7463 - Sakioka Wholesale Nursery, Inc. Total: 467.47 Vendor: 12546 - Sequel Contractors, Inc.
530760 06/06/2023 Sequel Contractors, Inc. 593-RET Street Reconstruction Zones C… 19,278.19 530760 06/06/2023 Sequel Contractors, Inc. 593-RET Street Reconstruction Zones C… 26,829.87 530760 06/06/2023 Sequel Contractors, Inc. 593-RET Street Reconstruction Zones C… 29,223.00 530760 06/06/2023 Sequel Contractors, Inc. 593-RET Street Reconstruction Zones C… 29,571.58 Vendor 12546 - Sequel Contractors, Inc. Total: 104,902.64 Vendor: 5050 - Southern California Edison Co.
530688 05/30/2023 Southern California Edison Co. 700037130331-051623 City Hall 4,884.64 530688 05/30/2023 Southern California Edison Co. 700154659268-051223 Traffic Signals 2.68 530688 05/30/2023 Southern California Edison Co. 700315053620-051623 Lomita Park 13.64 530688 05/30/2023 Southern California Edison Co. 700480902095-051923 Narbonne Pedestrian Crosswa… 112.91 Vendor 5050 - Southern California Edison Co. Total: 5,013.87 Vendor: 3214 - State Controller - Departmental Acct. Office 530761 06/06/2023 State Controller - Department… FTB-00005949 FTB Offsets 592.26 Vendor 3214 - State Controller - Departmental Acct. Office Total: 592.26 Vendor: 12815 - Stetson Engineers Inc.
530762 06/06/2023 Stetson Engineers Inc. 2879-001 Groundwater Well Feasibility … 29,682.75 Vendor 12815 - Stetson Engineers Inc. Total: 29,682.75
Vendor: 12181 - Still Got It Fitness
530763 06/06/2023 Still Got It Fitness ARPA 2023 Facade Improvement Program… 24,703.12 Vendor 12181 - Still Got It Fitness Total: 24,703.12
Vendor: 3956 - Ted's Plumbing Service Inc.
530764 06/06/2023 Ted's Plumbing Service Inc. 37471 Mainline Stoppage 175.00 530764 06/06/2023 Ted's Plumbing Service Inc. 37498 Replace Toilet 550.00 Vendor 3956 - Ted's Plumbing Service Inc. Total: 725.00 Vendor: 6085 - Thompson Building Materials
530765 06/06/2023 Thompson Building Materials IV-I48886 Blue Latex Glove 69.06 530765 06/06/2023 Thompson Building Materials IV-I48886 8 1/4" X 50' Nylon Rope 5.19 530765 06/06/2023 Thompson Building Materials IV-I48886 NDS 11 4 Round Grate Black 18.65 530765 06/06/2023 Thompson Building Materials IV-I48925 Sir Mix Pallet Deposit 81.58 530765 06/06/2023 Thompson Building Materials IV-I48925 Jackson 6 CFT Wheel Barow 197.35 530765 06/06/2023 Thompson Building Materials IV-I48925 Sir Mix 60 lb Concrete Mix 514.38 Reg CC Mtg, June 6, 2023, Page 27 of 244
Warrant Registert Payment Dates: 5/17/2023 - 6/6/2023
5/31/2023 11:11:14 AM Page 11 of 16
Payment Number Payment Date Vendor Name Payable Number Description (Item) Amount 530765 06/06/2023 Thompson Building Materials IV-I48932 1/2" & 5/8" Brick Jointer 8.18 530765 06/06/2023 Thompson Building Materials IV-I48932 Quick Mortar Repair 10 oz Tu… 18.78 530765 06/06/2023 Thompson Building Materials IV-I48932 Quick Cement 10 lb 28.69 530765 06/06/2023 Thompson Building Materials IV-I48932 Tamp/Dirt 68.90 530765 06/06/2023 Thompson Building Materials IV-I49239 Sir Mix Pallet Return -66.15 530765 06/06/2023 Thompson Building Materials IV-I49239 Sir Mix Pallet Deposit 40.79 530765 06/06/2023 Thompson Building Materials IV-I49239 Sir Mix 60 lb Concrete Mix 257.19 530765 06/06/2023 Thompson Building Materials IV-I49294 Sir Mix Pallet Return -33.08 530765 06/06/2023 Thompson Building Materials IV-I49294 Sir Mix 60 lb Concrete Mix 257.19 530765 06/06/2023 Thompson Building Materials IV-I49294 Sir Mix Pallet Deposit 40.80 530765 06/06/2023 Thompson Building Materials IV-I49537 Tamp/Dirt 89.85 Vendor 6085 - Thompson Building Materials Total: 1,597.35 Vendor: 12671 - Torrance Auto Repair
530766 06/06/2023 Torrance Auto Repair 0179753 Replace Lower Oil Pan-Parts 625.95 530766 06/06/2023 Torrance Auto Repair 0179753 Replace Lower Oil Pan-Labor 1,470.00 Vendor 12671 - Torrance Auto Repair Total: 2,095.95
Vendor: 9100 - Tripepi Smith and Associates
530767 06/06/2023 Tripepi Smith and Associates 10083 Website Content Developmen… 1,030.00 Vendor 9100 - Tripepi Smith and Associates Total: 1,030.00 Vendor: 12514 - Vanessa Baltazar
530768 06/06/2023 Vanessa Baltazar 2004059.001 Refund-Picnic Shelter Deposit… 152.00 Vendor 12514 - Vanessa Baltazar Total: 152.00
Vendor: 6477 - Verizon Wireless Government Mkts
530769 06/06/2023 Verizon Wireless Government… 9934948140 City Council 97.12 530769 06/06/2023 Verizon Wireless Government… 9934948140 City Manager & Management… 51.52 530769 06/06/2023 Verizon Wireless Government… 9934948140 Emergency Mifi 1 19.42 530769 06/06/2023 Verizon Wireless Government… 9934948140 Parking Enforcement 19.42 530769 06/06/2023 Verizon Wireless Government… 9934948140 Comm. Director, Code Enf. & … 99.65 530769 06/06/2023 Verizon Wireless Government… 9934948140 Management Assistant 4.65 530769 06/06/2023 Verizon Wireless Government… 9934948140 Facilities 51.27 530769 06/06/2023 Verizon Wireless Government… 9934948140 Recreation 96.32 530769 06/06/2023 Verizon Wireless Government… 9934948140 Park 38.45 530769 06/06/2023 Verizon Wireless Government… 9934948140 Public Work-Street 84.17 530769 06/06/2023 Verizon Wireless Government… 9934948140 Water 220.56 Vendor 6477 - Verizon Wireless Government Mkts Total: 782.55 Vendor: 4130 - Vision Service Plan (CA)
530770 06/06/2023 Vision Service Plan (CA) May 2023 Cobra-May 23 22.95 530770 06/06/2023 Vision Service Plan (CA) May 23 Employee Vision Insurance-M… 617.98 530770 06/06/2023 Vision Service Plan (CA) May 23 Employee Vision Insurance-M… 42.46 530770 06/06/2023 Vision Service Plan (CA) May 23 Employee Vision Insurance-M… 33.27 530770 06/06/2023 Vision Service Plan (CA) May 23 Employee Vision Insurance-M… 42.41 530770 06/06/2023 Vision Service Plan (CA) May 23 Employee Vision Insurance-M… 45.90 530770 06/06/2023 Vision Service Plan (CA) May 23 Employee Vision Insurance-M… 45.98 530770 06/06/2023 Vision Service Plan (CA) May 23 Employee Vision Insurance-M… 27.55 530770 06/06/2023 Vision Service Plan (CA) May 23 Employee Vision Insurance-M… 45.90 530770 06/06/2023 Vision Service Plan (CA) May 23 Employee Vision Insurance-M… 43.61 530770 06/06/2023 Vision Service Plan (CA) May 23 Employee Vision Insurance-M… 78.03 530770 06/06/2023 Vision Service Plan (CA) May 23 Employee Vision Insurance-M… 45.92 530770 06/06/2023 Vision Service Plan (CA) May 23 Employee Vision Insurance-M… 5.28 530770 06/06/2023 Vision Service Plan (CA) May 23 Employee Vision Insurance-M… 2.30 530770 06/06/2023 Vision Service Plan (CA) May 23 Employee Vision Insurance-M… 3.44 530770 06/06/2023 Vision Service Plan (CA) May 23 Employee Vision Insurance-M… 7.34 530770 06/06/2023 Vision Service Plan (CA) May 23 Employee Vision Insurance-M… 37.09 530770 06/06/2023 Vision Service Plan (CA) May 23 Employee Vision Insurance-M… 161.98 Vendor 4130 - Vision Service Plan (CA) Total: 1,309.39
Vendor: 7373 - Wells Fargo Vendor Financial Services
530771 06/06/2023 Wells Fargo Vendor Financial … 5025069397 BP-70C55 Copier Usage 5/4/2… 338.21 Vendor 7373 - Wells Fargo Vendor Financial Services Total: 338.21 Reg CC Mtg, June 6, 2023, Page 28 of 244
Warrant Registert Payment Dates: 5/17/2023 - 6/6/2023
5/31/2023 11:11:14 AM Page 12 of 16
Payment Number Payment Date Vendor Name Payable Number Description (Item) Amount Vendor: 7063 - Westfield Electric
530772 06/06/2023 Westfield Electric 3194 Repair Switch-Materials 26.60 530772 06/06/2023 Westfield Electric 3194 Repair Switch-Labor 210.00 Vendor 7063 - Westfield Electric Total: 236.60
Vendor: 6102 - Yunex, LLC
530773 06/06/2023 Yunex, LLC 5610283479 Street Light Maintenance April… 169.83 530773 06/06/2023 Yunex, LLC 5610283775 Traffic Signal Maintenance Apr… 443.03 530773 06/06/2023 Yunex, LLC 5620042588 Traffic Signal Response Call Ou… 2,857.08 Vendor 6102 - Yunex, LLC Total: 3,469.94
Grand Total: 1,129,116.26
Reg CC Mtg, June 6, 2023, Page 29 of 244
Warrant Registert Payment Dates: 5/17/2023 - 6/6/2023
5/31/2023 11:11:14 AM Page 13 of 16
Report Summary
Fund Summary
Fund Payment Amount
100 - General Fund 587,663.93
205 - State Gas Tax 25,615.46
207 - Measure R Local Return 26,829.87
209 - Measure M 29,223.00
215 - Community Development Block Grant 1,380.00
220 - Proposition A Local Return 263.22
255 - Park Athletic 1,480.10
311 - Street Improvement 35,794.18
510 - Water Operations 20,436.07
520 - Water Capital 400,143.20
720 - Railroad Museum Foundation 287.23
Grand Total: 1,129,116.26
Account Summary
Account Number Account Name Payment Amount
100-000-2210.000 Sales Tax Withholding -330.05
100-000-2215.000 Account Credit - Recreat… 100.00
100-000-2295.000 Military Banner Program 77.18
100-000-2508.000 Garnishment 461.52
100-000-2510.000 PERS 11,664.19
100-000-2524.000 Other Employee Deducti… 107.40
100-000-2535.000 Accident Insurance 1,216.73
100-000-2545.000 Vision Insurance 640.93
100-000-2550.000 Federal Withholding 18,287.91
100-000-2555.000 State Withholding 6,050.68
100-000-2560.000 Deferred Compensation 12,715.64
100-000-2563.000 Flex 125 Reimbursement 1,834.29
100-000-4416.000 Technology Fees 7.31
100-000-4420.000 Planning and Zoning Fees 182.75
100-000-4465.000 Animal Care and Control -755.00
100-000-4510.000 Park Rentals 478.00
100-110-5207.000 Medicare 9.53
100-110-5217.000 PERS Tier 3 (2%@62) 25.88
100-110-5415.000 Communications 97.12
100-110-5430.000 Conferences and Meetin… 1,184.23
100-120-5305.000 Legal Services 22,866.49
100-125-5205.000 Health Insurance 1,394.31
100-125-5207.000 Medicare 251.66
100-125-5215.000 PERS Tier 1 (2.5%@55) 700.21
100-125-5216.000 PERS Tier 2 (2%@60) 807.58
100-125-5217.000 PERS Tier 3 (2%@62) 308.88
100-125-5345.000 Contractual Services 3,000.00
100-125-5415.000 Communications 51.52
100-130-5205.000 Health Insurance 468.16
100-130-5207.000 Medicare 95.92
100-130-5215.000 PERS Tier 1 (2.5%@55) 150.99
100-130-5216.000 PERS Tier 2 (2%@60) 202.35
100-130-5217.000 PERS Tier 3 (2%@62) 257.02
100-130-5425.000 Dues and Memberships 150.00
100-130-5505.000 Office Supplies and Expe… 388.07
100-130-5755.000 Special Department Supp… 460.77
100-210-5205.000 Health Insurance 440.53
100-210-5207.000 Medicare 113.87
100-210-5215.000 PERS Tier 1 (2.5%@55) 230.24
100-210-5216.000 PERS Tier 2 (2%@60) 487.45
100-210-5217.000 PERS Tier 3 (2%@62) 132.61
100-230-5205.000 Health Insurance 176.20
Reg CC Mtg, June 6, 2023, Page 30 of 244
Warrant Registert Payment Dates: 5/17/2023 - 6/6/2023
5/31/2023 11:11:14 AM Page 14 of 16
Account Summary
Account Number Account Name Payment Amount
100-230-5207.000 Medicare 33.14
100-230-5217.000 PERS Tier 3 (2%@62) 136.71
100-230-5305.000 Legal Services 255.00
100-230-5340.000 Professional Services 588.00
100-230-5345.000 Contractual Services 104.00
100-230-5755.000 Special Department Supp… 150.00
100-330-5320.000 Sheriff Contract 283,760.20
100-330-5321.000 Core Deputy 17,604.75
100-330-5323.000 Liability Trust Fund 33,024.08
100-333-5520.139 Supplies 19.42
100-335-5205.000 Health Insurance 35.06
100-335-5207.000 Medicare 61.56
100-335-5345.000 Contractual Services 5,931.06
100-335-5505.000 Office Supplies and Expe… 19.42
100-336-5325.000 Animal Care and Control 4,648.88
100-410-5205.000 Health Insurance 637.51
100-410-5207.000 Medicare 223.26
100-410-5217.000 PERS Tier 3 (2%@62) 1,217.42
100-410-5345.000 Contractual Services 5,850.00
100-410-5415.000 Communications 104.30
100-410-5420.000 Mileage Reimbursement 21.22
100-410-5430.000 Conferences and Meetin… 264.97
100-410-5505.000 Office Supplies and Expe… 39.37
100-430-5416.000 Economic Development … 59,703.12
100-440-5345.000 Contractual Services 3,368.46
100-440-5415.000 Communications 477.21
100-440-5525.000 Equipment Under $5k 48.46
100-440-5605.000 Rents and Leases 338.21
100-605-5205.000 Health Insurance 418.16
100-605-5207.000 Medicare 105.42
100-605-5216.000 PERS Tier 2 (2%@60) 143.71
100-605-5217.000 PERS Tier 3 (2%@62) 420.00
100-605-5345.000 Contractual Services 4,357.94
100-610-5205.000 Health Insurance 448.32
100-610-5207.000 Medicare 111.32
100-610-5216.000 PERS Tier 2 (2%@60) 263.52
100-610-5217.000 PERS Tier 3 (2%@62) 200.83
100-710-5205.000 Health Insurance 463.25
100-710-5207.000 Medicare 111.42
100-710-5215.000 PERS Tier 1 (2.5%@55) 819.18
100-710-5217.000 PERS Tier 3 (2%@62) 291.09
100-710-5340.000 Professional Services 656.88
100-710-5405.000 Utilities 4,884.64
100-710-5415.000 Communications 51.27
100-710-5505.000 Office Supplies and Expe… 37.18
100-710-5705.000 General Maintenance 1,101.89
100-730-5205.000 Health Insurance 242.12
100-730-5207.000 Medicare 222.35
100-730-5215.000 PERS Tier 1 (2.5%@55) 871.14
100-730-5345.000 Contractual Services 819.00
100-730-5415.000 Communications 96.32
100-735-5460.000 Insurance - Liability and … 297.00
100-735-5754.339 Teen Program 508.31
100-735-5755.000 Special Department Supp… 4,319.68
100-735-5755.118 Founder's Day 52,806.73
100-740-5205.000 Health Insurance 723.75
100-740-5207.000 Medicare 135.83
100-740-5215.000 PERS Tier 1 (2.5%@55) 276.71
Reg CC Mtg, June 6, 2023, Page 31 of 244
Warrant Registert Payment Dates: 5/17/2023 - 6/6/2023
5/31/2023 11:11:14 AM Page 15 of 16
Account Summary
Account Number Account Name Payment Amount
100-740-5216.000 PERS Tier 2 (2%@60) 446.24
100-740-5217.000 PERS Tier 3 (2%@62) 268.50
100-740-5405.000 Utilities 13.64
100-740-5415.000 Communications 38.45
100-740-5505.000 Office Supplies and Expe… 146.16
100-740-5705.000 General Maintenance 2,646.17
100-740-5710.000 Equipment Maintenance 533.51
100-740-5720.000 Fuel 802.29
100-750-5207.000 Medicare 30.74
100-750-5345.000 Contractual Services 281.37
100-750-5410.000 Advertising 220.50
100-750-5415.000 Communications 22.89
100-750-5755.000 Special Department Supp… 152.65
205-610-5205.000 Health Insurance 482.91
205-610-5207.000 Medicare 77.86
205-610-5217.000 PERS Tier 3 (2%@62) 334.72
205-610-5335.000 Maintenance & License … 3,469.94
205-610-5405.000 Utilities 115.59
205-610-5415.000 Communications 84.17
205-610-5505.000 Office Supplies and Expe… 24.72
205-610-5705.000 General Maintenance 95.57
205-610-5710.000 Equipment Maintenance 134.00
205-610-5720.000 Fuel 1,321.17
205-620-5710.000 Equipment Maintenance 50.46
205-620-5752.000 Tree Planting 146.16
205-810-5806.367 Street Reconstruction-Z… 19,278.19
207-810-5806.367 Street Reconstruction-Z… 26,829.87
209-810-5806.367 Street Reconstruction-Z… 29,223.00
215-550-5340.000 Professional Services 600.00
215-550-5345.000 Contractual Services 780.00
220-340-5205.000 Health Insurance 87.20
220-340-5207.000 Medicare 22.67
220-340-5215.000 PERS Tier 1 (2.5%@55) 79.47
220-340-5216.000 PERS Tier 2 (2%@60) 28.11
220-340-5217.000 PERS Tier 3 (2%@62) 45.77
255-760-5205.000 Health Insurance -2.15
255-760-5506.000 Sport Supplies 1,482.25
311-810-5806.367 Street Reconstruction-Z… 29,571.58
311-810-5806.368 Street Reconstruction - … 2,479.00
311-810-5806.380 Sidewalk Improvement P… 3,743.60
510-110-5207.000 Medicare 1.12
510-110-5217.000 PERS Tier 3 (2%@62) 2.88
510-120-5305.000 Legal Services 2,657.76
510-125-5205.000 Health Insurance 209.51
510-125-5207.000 Medicare 60.64
510-125-5215.000 PERS Tier 1 (2.5%@55) 123.57
510-125-5216.000 PERS Tier 2 (2%@60) 269.19
510-130-5205.000 Health Insurance 98.60
510-130-5207.000 Medicare 21.69
510-130-5215.000 PERS Tier 1 (2.5%@55) 34.44
510-130-5216.000 PERS Tier 2 (2%@60) 50.59
510-130-5217.000 PERS Tier 3 (2%@62) 49.29
510-220-5205.000 Health Insurance 452.09
510-220-5207.000 Medicare 120.89
510-220-5215.000 PERS Tier 1 (2.5%@55) 76.75
510-220-5216.000 PERS Tier 2 (2%@60) 452.35
510-220-5217.000 PERS Tier 3 (2%@62) 221.04
510-220-5505.000 Office Supplies and Expe… 391.59
Reg CC Mtg, June 6, 2023, Page 32 of 244
Warrant Registert Payment Dates: 5/17/2023 - 6/6/2023
5/31/2023 11:11:14 AM Page 16 of 16
Account Summary
Account Number Account Name Payment Amount
510-230-5205.000 Health Insurance 179.15
510-230-5207.000 Medicare 28.20
510-230-5217.000 PERS Tier 3 (2%@62) 144.65
510-230-5305.000 Legal Services 255.00
510-440-5345.000 Contractual Services 2,338.45
510-630-5205.000 Health Insurance 2,261.84
510-630-5207.000 Medicare 455.41
510-630-5215.000 PERS Tier 1 (2.5%@55) 605.23
510-630-5216.000 PERS Tier 2 (2%@60) 1,004.33
510-630-5217.000 PERS Tier 3 (2%@62) 1,249.32
510-630-5411.000 Customer Notifications 566.09
510-630-5415.000 Communications 264.88
510-630-5443.000 Water Production Supply… 875.42
510-630-5525.000 Equipment Under $5k 176.39
510-630-5705.000 General Maintenance 4,365.53
510-630-5710.000 Equipment Maintenance 248.70
510-630-5720.000 Fuel 123.49
520-840-5821.365 CWPF Upgrades Project 139,954.55
520-840-5821.377 Second Well Evaluation 29,682.75
520-910-7100.000 Debt Service - Principal &… 230,505.90 720-000-2210.000 Sales Tax Withholding -26.55
720-750-5755.000 Special Department Supp… 313.78
Grand Total: 1,129,116.26
Project Account Summary
Project Account Key Payment Amount
**None** 848,949.68
205 Street Reconstruction 19,278.19
207 Street Reconstruction 26,829.87
209 Street Reconstruction-Zone C & F 29,223.00
311 Street Reconstruction 29,571.58
311-Street Reconstruction-Zone G 2,479.00
Cypress Water Production 139,954.55
Second Well Evaluation 29,682.75
Sidewalk Improvement Program 3,147.64
Grand Total: 1,129,116.26
Reg CC Mtg, June 6, 2023, Page 33 of 244
CITY OF LOMITA
CITY COUNCIL REPORT
TO: City Council Item No. 7d
FROM: Ryan Smoot, City Manager
REVIEWED BY: Carla Dillon, P.E., Public Works Director
MEETING DATE: June 6, 2023
SUBJECT: Consideration of a Resolution Adopting a Project List for FY 2023- 2024 Funded by SB 1, the Road Repair and Accountability Act of 2017
RECOMMENDATION
Adopt Resolution and authorize the City Manager or his designee to complete, sign, and submit all required documentation for receipt of Road Maintenance and Rehabilitation Account (RMRA) funds to the appropriate State and other agencies.
BACKGROUND
On April 28, 2017, the Governor signed Senate Bill 1, which is known as the Road Repair and Accountability Act of 2017. SB 1 increased per gallon fuel excise taxes (12 cents), diesel fuel sales taxes (20 cents), and vehicle registration fees; and provides for inflationary adjustments in future years. A percentage of this funding is deposited into the RMRA account and is apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code (SHC) Section 2032(h) for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system. Lomita’s estimated RMRA amount for FY 2023-2024 is $517,568. In addition, the City expects to have unspent RMRA money from FY 2022-23.
In order to be eligible for RMRA funding, statute requires cities and counties to provide basic annual RMRA project reporting to the California Transportation Commission (CTC).
Prior to receiving an apportionment of RMRA funds, a city or county must adopt by resolution a list of projects to be funded with RMRA funds and submit it to the CTC annually by July 1
st
. The project list must include a project description, location, estimated start and completion date, and estimated useful life of the improvement.
The RMRA project list for 2023-2024 will include:
Reg CC Mtg, June 6, 2023, Page 34 of 244
A. Street Reconstruction - Zone G Project
• Description: Construction of overlay and reconstruction of certain segments of streets in Zones G (240th St., 241st St, 246th St., 247th Pl., 247th St., 248th St., 252nd St., 253rd Pl., Alcor St., Callison St., Ebony Ln., Falena Ave., Nordman St., Stanhurst Ave., Turrell St., and Walnut St.). This includes, where needed based on the City’s 2020 Pavement Management Plan update, asphalt rubber hot mix overlay, hot-mixed asphalt concrete overlay, or removal of the existing pavement section to a prescribed depth followed by the placement of a conventional flexible pavement section using a structural hot mix or a full depth asphalt. The project includes the upgrade of all curb ramps to meet current ADA requirements, pavement markings and pavement striping.
• Location: throughout the City of Lomita
• Estimated Project Schedule: Start (07/23)– Completion (06/25) B. Estimated Useful Life: 10 to 20 years Narbonne South Pipe Replacement Project
• Description: Construction of street resurfacing/rehabilitation project following the pipe replacement on this segment of street. This includes, where needed based on the City’s 2020 Pavement Management Plan update, asphalt rubber hot mix overlay, hot-mixed asphalt concrete overlay, or removal of the existing pavement section to a prescribed depth followed by the placement of a conventional flexible pavement section using a structural hot mix or a full depth asphalt. The project includes the upgrade of all curb ramps to meet current ADA requirements, pavement markings and pavement striping.
• Location: Narbonne Avenue south of Pacific Coast Highway to the southern city boundary.
• Estimated Project Schedule: Start (07/23)– Completion (06/25) • Estimated Useful Life: 10 to 20 years
The following previously proposed and adopted project may also utilize Fiscal Year 2023- 24 Road Maintenance and Rehabilitation Account revenues in its delivery. With the relisting of this project in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund this project with Road Maintenance and Rehabilitation Account revenues:
It should be noted that although this project list must be submitted to the CTC by July 1, 2023, the Council still has the option to change the project list later in the year should priorities change during budget discussions.
OPTIONS:
1. Approve staff’s recommendation.
2. Designate RMRA funds toward a different project(s).
3. Take no action and be ineligible to receive RMRA funding Reg CC Mtg, June 6, 2023, Page 35 of 244
FISCAL IMPACT
It is estimated that the City will receive $517,568 in RMRA funding in FY 2023-2024 in addition to an estimated $1,129,710 carryover. If the Council approves the proposed project list, approximately 100% of these funds will be allocated to current projects.
ATTACHMENTS
1. Resolution
Reviewed by: Approved by:
______________________________________ _______________________________________ Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Reviewed by:
_________________________
Carla Dillon, P.E.
Public Works Director
Reg CC Mtg, June 6, 2023, Page 36 of 244
RESOLUTION NO. 2023-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMITA,
CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-2024 FUNDED BY SB 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Lomita are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1 by resolution, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $517,568 in RMRA funding in Fiscal Year 2023-24 from SB 1; and
WHEREAS, this is the seventh year in which the City is receiving SB 1 funding which will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate approximately 17 streets/roads throughout the City this year and numerous similar projects into the future; and
WHEREAS, the City’s 2020 Pavement Management Program Report found that the City’s streets and roads are in a “very good” condition (weighted average PCI of 72.5) and this revenue will help the City increase the overall quality of the road system and over the next decade will help bring our streets and roads into an “excellent” condition; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete Attachment 1
Reg CC Mtg, June 6, 2023, Page 37 of 244
streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Lomita, California, as follows:
Section 1 Recitals
1. The foregoing recitals are true and correct.
2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues:
A. Street Reconstruction - Zone G Project
• Description: Construction of overlay and reconstruction of certain segments of streets in Zones G (240th St., 241st St, 246th St., 247th Pl., 247th St., 248th St., 252nd St., 253rd Pl., Alcor St., Callison St., Ebony Ln., Falena Ave., Nordman St., Stanhurst Ave., Turrell St., and Walnut St.). This includes, where needed based on the City’s 2020 Pavement Management Plan update, asphalt rubber hot mix overlay, hot-mixed asphalt concrete overlay, or removal of the existing pavement section to a prescribed depth followed by the placement of a conventional flexible pavement section using a structural hot mix or a full depth asphalt. The project includes the upgrade of all curb ramps to meet current ADA requirements, pavement markings and pavement striping.
• Location: throughout the City of Lomita
• Estimated Project Schedule: Start (07/23)– Completion (06/25) • Estimated Useful Life: 10 to 20 years
3. The following previously proposed and adopted project may also utilize Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues in its delivery. With the relisting of this project in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund this project with Road Maintenance and Rehabilitation Account revenues:
B. Narbonne South Pipe Replacement Project
• Description: Construction of street resurfacing/rehabilitation project following the pipe replacement on this segment of street. This includes, where needed based on the City’s 2020 Pavement Management Plan update, asphalt rubber hot mix overlay, hot-mixed asphalt concrete overlay, or removal of the existing pavement section to a prescribed depth followed by the placement of a conventional flexible pavement section using a structural hot mix or a full depth asphalt. The project includes the upgrade of all curb ramps to meet current ADA requirements, pavement markings and pavement striping.
• Location: Narbonne Avenue south of Pacific Coast Highway to the southern city boundary.
• Estimated Project Schedule: Start (07/23)– Completion (06/25) • Estimated Useful Life: 10 to 20 years
Reg CC Mtg, June 6, 2023, Page 38 of 244
Section 2. This Resolution will become effective immediately upon adoption.
Section 3. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED, AND ADOPTED, this 6
th day of June 2023.
_____________________________
Barry Waite, Mayor
ATTEST:
______________________________
Kathleen Horn Gregory, MMC, City Clerk
APPROVED AS TO FORM:
_____________________________
Trevor Rusin, City Attorney
Reg CC Mtg, June 6, 2023, Page 39 of 244
TO: City Council
FROM: Ryan Smoot, City Manager
PREPARED BY: Gary Y. Sugano, Assistant City Manager
MEETING DATE: June 6, 2023
SUBJECT: Consideration of Amendment No. 3 to Agreement for Managed Services - Information Technology with Numa Networks
RECOMMENDATION
Approve and authorize the City Manager to execute the Amendment.
BACKGROUND/ANALYSIS
On September 4, 2018, the City Council approved an agreement with Numa Networks to provide on-going Managed IT Services. This includes general maintenance and upkeep of all hardware, application of windows update patches, maintenance of antivirus, data backup, network monitoring and a technical support/help desk for all City users.
On February 5, 2019, the City Council approved Amendment No. 1 for Equipment Purchase and Professional Services for Managed IT Services. This project included server upgrades, Office 365 transition, InCode10 installation and on-site support for a minimum of 10.5 hours per week.
On September 15, 2020, the City Council approved Amendment No. 2 to extend the term of the agreement to September 4, 2023.
Earlier this year, Numa Networks approached the City to request an increase to various IT-related services due to their increased costs in providing those services (primarily increase labor cost due to inflation).
Staff has reviewed their request and after some negotiation was successful in getting a price reduction from the original request.
Item No. 7e
CITY OF LOMITA
CITY COUNCIL REPORT
Reg CC Mtg, June 6, 2023, Page 40 of 244
The City has been pleased with the service received from Numa Networks over the past four plus years. Over the past several years, in addition to the day-to-day support, they have successfully completed server upgrades, the City’s transition to Microsoft 365 and the Citywide PC replacement program. Numa has also implemented upgrades to the City’s cyber security efforts including disaster recovery, training and multifactor authentication for user log-ins.
On-Site IT Support Staff
The City has Numa Networks staff on-site 1 day a week to assist with tasks that need to be completed on-site including IT support for city employees. This has worked out well and provides a level of service that allows the city to maintain continuity in operations.
The majority of tasks can be handled remotely including individual help desk requests from users.
As the current agreement is set to expire in September 2023, it is also recommended that the term of the agreement be extended to September 4, 2026.
ALTERNATIVES
1. Do not approve staff’s recommendation
2. Give Staff further direction
FISCAL IMPACT
Inflationary pressures over the last several years particularly on the labor side have necessitated the requested increase. In order to recruit and retain employees Numa has had to increase salaries/benefits to remain competitive. Total cost per month would increase by approximately $2,000/month to $9,884.15/month.
ATTACHMENTS
1) Amendment No. 3 to Numa Networks Agreement
2) Original Agreement and Amendments
Prepared by: Approved by:
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Reg CC Mtg, June 6, 2023, Page 41 of 244
THIRD AMENDMENT TO
AGREEMENT BETWEEN THE CITY OF LOMITA AND NUMA NETWORKS, LLC FOR
PROFESSIONAL SERVICES FOR MANAGED IT SERVICES
This Third Amendment to the Agreement 2018-20 between the City of Lomita (“City”) and Numa Networks, LLC (“Consultant”) for Professional Services for Managed IT Services is made and entered into this 6
th day of June 2023.
WHEREAS, the City and Consultant are parties to an Agreement for professional services for the above referenced projects dated September 4, 2018, (“the Agreement”); and WHEREAS, the City and Consultant desire to amend the Agreement to adjust the cost for services and extend the term of the agreement.
WHEREAS, Amendment No. 1 to said Agreement between the City and Consultant for Equipment Purchase and Professional Services for Managed IT Services was made and entered into on February 5, 2019.
WHEREAS, Amendment No. 2 to said Agreement between the City and Consultant for Professional Services for Managed IT Services was made and entered into on September 15, 2020.
NOW, THEREFORE, in consideration of the promises and mutual covenants contained therein, City and Consultant hereby agree as follows:
1. Term of Agreement. The term of the Agreement shall be extended to September 4, 2026. The City and Consultant may extend the agreement by mutual consent for an additional 2 years. It is understood that any and all Services requested by City that fall outside of the terms of this Agreement and its amendments will be considered Projects, and will be quoted and outlined in a separate SOW.
2. Consideration and Compensation. Cost proposal of the Agreement shall be amended per Attached Exhibit A.
3. No other changes. All terms, conditions and other provisions of the Agreement, including all Exhibits thereto, not affected by this Third Amendment shall remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
Attachment 1
Reg CC Mtg, June 6, 2023, Page 42 of 244
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment on the 6 th
day of June 2023, at Lomita, California.
NUMA NETWORKS, LLC
By ________________________
Warren Hino
Founder and President
CITY OF LOMITA
By ______________________
Ryan Smoot
City Manager
Attest:
_______________________
Kathleen Gregory, MMC, City Clerk
Reg CC Mtg, June 6, 2023, Page 43 of 244
EXHIBIT A
Amended Cost Proposal / Pricing Information
Monthly Recurring Charges
Monthly Recurring Charges (MRC)
Numa Advanced Care Technical
Support
Pricing
(Monthly)
Current $4,541
July 1, 2023 $5,222.15*
* Baseline number of full-time equivalent users is established at 50. Addition of users beyond the 50 shall be charged the incremental increase in MRC per user as stated below.
Other Monthly Recurring Charges
(Datto Disaster Recovery, Anti-Virus,
MFA licensing, etc.)
Pricing
(Monthly)
Current $2,100
July 1, 2023 $2,262
**These are pass-through costs from direct vendors and may increase based on future cost.
Contingency
Contingency for Flat Rate Charges
Not Included in monthly support and
Project IT Support Specific Costs
Pricing (Monthly)
July 1, 2023 $2,000
On-Site Support
On-Site Support Pricing
(Per 4 Hour On-Site Visit)
Current $312.08
July 1, 2023 $600 ($150/hr.)
Flat Rate Charges for Other/Future
Incremental Increase in MRC per
User***
$150
Project Bill Rate Level 1-2 - $195 Level 3 - $225
***Employees with their own PC/Laptop shall be considered a full user. Employees who do not have their own PC/Laptop (but have their own email) shall be considered 0.25 user for billing purposes.
Reg CC Mtg, June 6, 2023, Page 44 of 244
Agree 2018-20
CONTRACT FOR EQUIPMENT PURCHASE AND
PROFESSIONAL SERVICES BETWEEN
THE CITY OF LOMITA AND
NUMA NETWORKS
This AGREEMENT is entered into this 4
tl
, day of September, 2018, by and between the CITY OF
LO MIT A, a general law city a municipal corporation ("CITY") and Numa Networks, ("CONSULT ANT").
RECITALS
A. The City does not have the personnel able and/or available to perfonn the services required under this agreement.
B. Therefore, the City desires to contract out for consulting services for certain projects relating to information technology equipment upgrades and to manage the information technology environment.
C. The Consultant warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement and to install and configure the equipment pursuant to this Agreement.
D. The City desires to contract with the Consultant to purchase specified hardware and software and to perform the services as described in Exhibit A of this Agreement.
NOW, THEREFORE, based on the foregoing recitals, the City and the Consultant agree as follows:
1. CONSIDERATION AND COMPENSATION
A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, attached as EXHIBIT A and incotporated into this Agreement; B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement;
As additional consideration, CITY agrees to pay CONSULTANT a fixed monthly fee for Monthly Recurring Charges, together with additional flat rate charges for other services as needed, in the amounts indicated on the Pricing Schedule attached as Exhibit B and incorporated into this Agreement.
No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his designee.
CONSULTANT shall submit to CITY, by not later than the 10th day of each 1 Attachment 2
Reg CC Mtg, June 6, 2023, Page 45 of 244
month, its bill for services itemizing the fees and costs incurred during the previous month. The City shall pay the Consultant all uncontested amounts set forth in the Consultant' s bill within 30 days after it is received.
SCOPE OF SERVICES.
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.
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.
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 ofthe task completed during the billing period.
TIME OF PERFORMANCE. The services ofthe CONTRACTOR are to commence upon receipt of a notice to proceed from the CITY and shall continue until all authorized work is completed to the CITY' s reasonable satisfaction, in accordance with the schedule incorporated in "Exhibit A," unless extended in writing by the CITY.
FAMILIARITY WITH WORK. By executing this Agreement, CONSULTANT represents that CONSULTANT has ( a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and ( c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
KEY PERSONNEL. CONSULTANT' s key person assigned to perform work under this Agreement is Mike Yasuma CONSULTANT shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of the City.
TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on September 41", 2020, unless earlier termination occurs under Section 11 of this Agreement, or extended in writing in advance by both parties.
CHANGES. CITY may order changes in the services within the general scope ofthis Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.
TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.
Reg CC Mtg, June 6, 2023, Page 46 of 244
PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this Agreement all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
TERMINATION.
Upon 60 days notice, CITY may terminate this Agreement at any time without cause. Notice of termination shall be in writing.
CONSULTANT may terminate this Agreement. Notice will be in writing at least 60 days before the effective termination date.
hi the event of such termination, the CONTRACTOR 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 oftermination.
Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
INDEMNIFICATION.
CONSULTANT shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, 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 the CITY. Should CITY in its sole discretion find CONSULTANT' S legal counsel unacceptable, then CONSULTANT shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The CONSULTANT shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 17, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
ASSIGNABILITY. This Agreement is for CONSULTANT' s professional services. CONSULTANT' s attempts to assign the benefits or burdens of this Agreement without CITY' s written approval are prohibited and will be null and void.
INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed.
CONSULTANT will be free to contract for similar service to be performed for other employers while under Reg CC Mtg, June 6, 2023, Page 47 of 244
contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.
AUDIT OF RECORDS.
CONSULTANT agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement. CONSULTANT agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement. CONSULTANT further agrees to maintain such records for a period of three ( 3) years following final payment under this Agreement.
CONSULTANT will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement.
CORRECTIVE MEASURES. CONSULTANT will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONSULTANT will be given a reasonable amount of time as determined by the City to implement said corrective measures. Failure of CONSULTANT to implement required corrective measures shall at the option of the CITY result in immediate termination of this Agreement.
OWNERSHIP AND DISPOSITION OF CITY -OWNED DATA
A. City shall own all City data that may reside within Consultant' s hosting environment. Upon expiration or termination of this Agreement, for any reason, Consultant agrees to return all original City data and any data contained in any derivative work to City in a usable format. Delivery must be through a secured electronic transmission or by parcel service utilizing package tracking services.
B. Following City' s verified receipt of the original City data and other data contained in any derivative work, Consultant agrees to physically and electronically destroy or erase all residual City data regardless of format from the Consultant' s entire technology resources and any other storage media, including disaster recovery sites and backup disaster recovery sites. Consultant will provide a record of data destruction to City no later than thirty days after destruction. If, for any reason, the City data cannot be destroyed upon expiration or termination of this Agreement, Consultant agrees to notify City with an explanation as to the conditions which make destruction impossible or infeasible. Upon mutual agreement by both parties that destruction of the data is not possible or feasible, Consultant shall make the City data inaccessible.
Consultant shall provide City a detailed description of the procedures and methods used to make the City data inaccessible no later than thirty days after malting the data inaccessible.
ACCESS TO SERVER SYSTEM
Consultant hereby grants City the right of access to the server system ( " System ") during the term of this Agreement. Without limiting the City' s rights to the System, City and its employees, agents or permitted contractors shall not attempt to gain unauthorized access to other computer systems, any application/ service for which the City has not paid fees to use, or data and information belonging to others that is also hosted by Reg CC Mtg, June 6, 2023, Page 48 of 244
Consultant. City agrees that access to the System shall be ( 1) in compliance with the terms of applicable licenses, the Agreement, and applicable federal, state and local laws and regulations, and ( 2) solely for City' s own internal use. The City will not disclose, download, decompile or re- engineer any portion of the System provided by Consultant without mutual consent by Consultant or its licensors and used in the performance of Services. As part of the City' s security measures, it may assign to one or more user identification codes and associated passwords that will enable City and its users to access the System as an Administrator. City agrees to comply with any mutually established rules of operation and security procedures outlined by Consultant and City for access to and use ofthe System.
INSURANCE REQUIREMENTS.
A. The CONSULTANT, at the CONSULTANT' s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies:
1. Workers Compensation Insurance as required by law. The Consultant shall require all subcontractors similarly to provide such compensation insurance for their respective employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONTRACTOR for City.
2. General Liability Coverage. The CONSULTANT shall maintain commercial general liability insurance in an amount of not less than one million dollars ($ 1, 000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
3. Automobile Liability Coverage. The CONSULTANT shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non -owned vehicles, in an amount of not less than one million dollars ($ 1, 000, 000) combined single limit for each occurrence.
4. Professional Liability Coverage. The CONSULTANT shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONSULTANT' S operations under this Agreement, whether such operations be by the CONSULTANT or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($ 1, 000,000) on a claims -made annual aggregate basis, or a combined single - limit -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.
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.
Reg CC Mtg, June 6, 2023, Page 49 of 244
CONSULTANT also agrees to require all contractors, and subcontractors to do likewise.
1. " The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the CONSULTANT, including materials, parts, or equipment furnished in connection with such work or operations."
2. This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by the CITY, including any self - insured retention the CITY may have, shall be considered excess insurance only and shall not contribute with this policy.
3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
4. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents.
5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers.
6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days' written notice has been received by the CITY.
C. CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against Contractor arising out of the work performed under this agreement. CITY assumes no obligation or liability by such notice, but has the right ( but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
D. Any deductibles or self - insured retentions must be declared to and approved by the CITY. At the CITY' s option, the CONSULTANT shall demonstrate financial capability for payment of such deductibles or self - insured retentions.
E. The CONSULTANT shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the CITY on or before commencement of performance ofthis Agreement. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement.
Failure on the part of the CONSULTANT to procure or maintain required insurance shall constitute a material breach of contract under which the CITY may terminate this Agreement pursuant to Section 11 above.
USE OF OTHER CONSULTANTS. CONSULTANT must obtain CITY' s prior written approval to use any consultants while performing any portion ofthis Agreement. Such approval must include approval of the proposed consultant and the terms of compensation.
FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONSULTANT of the final payment made under this Agreement shall operate as and be a release of the CITY from all claims Reg CC Mtg, June 6, 2023, Page 50 of 244
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 the CITY' S check or the failure to make a written extra compensation claim within ten ( 10) calendar days of the receipt of that check. However, approval or payment by the CITY shall not constitute, nor be deemed, a release of the responsibility and liability of the CONSULTANT, its employees, sub - consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the CITY for any defect or error in the work prepared by the Consultant, its employees, sub - consultants and agents.
CORRECTIONS. In addition to the above indemnification obligations, the CONSULTANT shall correct, at its expense, all errors in the work which may be disclosed during the City' s review of the Consultant' s report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the CITY, and the cost thereof shall be charged to the CONSULTANT. In addition to all other available remedies, the City may deduct the cost of such correction from any retention amount held by the City or may withhold payment otherwise owed CONSULTANT under this Agreement up to the amount of the cost of correction.
NON - APPROPRIATION OF FUNDS. Payments to be made to CONSULTANT by CITY for services preformed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of CONSULTANT' S services beyond the current fiscal year, the Agreement shall cover payment for CONSULTANT' S only to the conclusion of the last fiscal year in which CITY appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
CITY CONSULTANT
City of Lomita Numa Networks
24300 Narbonne Avenue 2200 W. Orangewood Ave
Lomita, CA 90717 Orange, CA 92868
ATTN: City Manager ATTN: Warren Hino
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.
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 ofthis Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.
Reg CC Mtg, June 6, 2023, Page 51 of 244
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.
INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
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.
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. In the event of any conflict between the terms of this Agreement and the Scope ofWork attached hereto as Exhibit A, the terms of this Agreement shall prevail.
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 maybe modified by written amendment with signatures ofall parties to this Agreement. CITY' s city administrator, or designee, may execute any such amendment on behalf of CITY.
ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.
FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' control, then the Agreement will immediately terminate without obligation of either party to the other.
TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided.
ATTORNEY' S FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and /or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.
STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the 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 Reg CC Mtg, June 6, 2023, Page 52 of 244
capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency.
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 the City. Consultant hereby acknowledges his or her assuming- office, annual, and leaving- office financial reporting obligations under the California Political Reform Act and the City' s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to consultant commencing sei vices 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
1;
By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a consultant" for the purpose ofthe 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 the 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.
CITY
C Y ANAGE By:
AT,TEST: "
100
Sandra Medina, City Clerk
APPROVED AS TO FORM:
oalvilv Hbc
CHRIST OGIN, City Attorn
CONSULTANT
CONSULTANT
Taxpayer ID No.
Reg CC Mtg, June 6, 2023, Page 53 of 244
EXHIBIT A
SCOPE OF SERVICES
Reg CC Mtg, June 6, 2023, Page 54 of 244
The Work Plan
SCOPE OF SERVICES
The following scope describes the work that will be completed to deliver the managed support services for the City of Lomita. Numa Networks goal is to improve ongoing support, maintenance, develop an infrastructure life cycle replacement schedule, and improve security processes and procedures for the City of Lomita. Numa Networks is in agreement with the City of Lomita in regard to the aging server report and a potential lack of Disaster Recovery.
A. Documentation
Whether or not it is specifically addressed below, Numa Networks will provide and maintain complete documentation for all work undertaken and provide this documentation in electronic form unless otherwise noted.
B. Number of Users /Devices
Numa Networks will provide complete ongoing technical assistance and system management on the following systems:
Device Count
Full or Part Time Users accessing 5
Email Only 150
Desktop Workstations 33
Laptops 7
Window Servers 11
Others 23rd Party Support
Vendor Liaison)
Security Appliances 5
Routers 53rd Party Support
Vendor Liaison)( TPx)
Wireless Access Points
Virtual Private Networks 5
Switches 7
BD Printers
Network 1
Local 2
M FP /Scanners
Network 3
Local
Reg CC Mtg, June 6, 2023, Page 55 of 244
C. Asset Cataloging and Tracking
Numa Networks utilizes a network monitoring and discovery solution to proactively document devices that are living on the client' s network. Client documentation that is developed or maintained by Numa Networks is stored in our secure technical documentation service. This includes known software, hardware, and software licenses with installation keys.
D. Server Based Images of Client Software
Numa Networks loads and maintains physical software media as ISO drive images and can make them readily available via the network without the physical CD /DVD for users that require access. Numa Networks proposes utilizing the company file server as the storage for these drive image files. The client will need to provide a network attached server with sufficient disk space to accommodate the drive images. Users that require limited or special access will be identified with the client and appropriate permissions will be applied to the folder, preventing unauthorized access to sensitive software disk images.
E. Reporting
Numa Networks will provide reporting for visibility including but not limited to: server patch status, firewall utilization, server -disk utilization, client and NOC ticket details, server aging, and monthly overall infrastructure assessments.
F. General Maintenance and Upkeep
For all computers covered by this contract, and any subsequent computers added to the System, Numa Networks will create and maintain the following systems, and perform the following activities per the following schedule:
1. Apply Windows Update Patches
Windows Updates are managed through a Centralized Remote Machine Management System that performs checks for needed updates, for downloads updates ( can be centrally located onsite), installs updates and reboots systems on a weekly (or client set) schedule as needed. Test systems can be selected to have recent backups installed for testing prior to site wide installation. The general install for security and critical updates occurs 2 weeks after availability to reduce downtime due to conflicts or unknown issues in the update software.
2. Maintain Antivirus Definitions and Scan
Antivirus /Antispyware is managed through a Centralized Remote Machine Management System it installs, updates and upgrades the AV client. The system schedules daily quick scans, weekly full scans and reports results.
3. Maintain Antispyware Definitions and Scan
Antivirus /Antispyware is managed through a Centralized Remote Machine Management System it installs, updates and upgrades the AV client. The system schedules daily quick scans, weekly full scans and reports results.
4. Maintain SPAM control
Numa Networks shall create and maintain a strategy for controlling unsolicited email (SPAM). SPAM control will allow for retrieving messages incorrectly categorized as SPAM. In case of deletion or mail failure, SPAM control will keep 30 days of email for message continuity. Numa Networks will manage all SPAM rules.
S. Data Back Up for Disaster Recovery Strategy / Solution
1. Services Description
a. The Service is designed to provide a complete Backup and Disaster Recovery solution ( BDR). The Numa Care Revive Total Disaster Solution is fully monitored and managed by our Network Operations Center on weekdays from 8: 00 am to 5: 00 pm. We perform daily verification tests and monthly restoration tests to verify the integrity of the data. In the event of a server failure, we can have your server up and running in as quickly as 1 hour during daylight hours, or 12 hours
over evenings, weekends, and holidays. In the case of a total catastrophe, you will have a fully functional virtual Reg CC Mtg, June 6, 2023, Page 56 of 244
server within 48 hours on the weekdays and within 96 hours if the event occurs on a weekend.
2. Services Provided
a. An on -site Backup Disaster Recovery Appliance ( "BDR ") unit that acts as a local storage device and stand -by server in the event of server failure.
b. Incremental backups done on the BDR at the frequency you select ( up to 15 minutes). c. Secure Remote (Off -site) Storage provided at a hardened data center. d. Recovery of files, folders or emails.
e. Full recovery of data in the event of total catastrophe, where the server and BDR on site are lost.
The most current information provided from the offsite data center will be used to perform this recovery. The age of that image will depend on image size and bandwidth as specified in section f. Full management of the BDR and remote storage.
3. Security
a. Data is encrypted before it leaves your servers with an encryption key that only we have. The data is then encrypted again for its transit over the Internet. Files are then stored, in encrypted form, on multiple servers in high security facilities.
b. Each file is encrypted using 256 -bit AES encryption technology. 256 -bit AES Encrypted data cannot be read without the corresponding keys, so encrypted data cannot be misused, even if it's stolen.
C. In addition, our software communicates with the remote servers using SSL ( Secure Socket Layers) technology.
d. Your encryption key is never released to anybody at the remote Data Center. This is done because we do not want anyone to have access to the data, for security purposes.
4. File compression
a. Before files are encrypted they are compressed on the BDR using state -of- the -art compression technology.
This compression ensures that the time it takes to do backups is shorter and because each file is significantly smaller, less storage space is used on the remote servers.
5. Backup Frequency
a. Our service can protect your data as frequently as every 15 minutes, every day. This provides hundreds of additional backup copies vs. tape backup allowing multiple restore points to recover the most current version of your data just prior to the data loss event. Off -site backup frequencies will be dependent on image sizes and internet bandwidth available.
b. Smart Data Transport
a. Data transmission can easily be configured to minimize bandwidth consumption. Our BDR leverages Adaptive Bandwidth Throttling, which allows us to set a limit on outbound bandwidth used. ( E. g. assuming a 768Kpbs outbound connection, adaptive bandwidth throttling can be set with a maximum at 512Kpbs). We can therefore exercise fine control over the data imaging and transmission processes.
7. Remote Storage provided at high availability Data Center in Utah and Pennsylvania. a. Highly redundant storage with backup images stored at the data centers on a storage area network. b. Internet connectivity provided by multiple providers with automatic failover capabilities. c. Facilities provide multiple fiber optic network drops for our backbone network. d. Full physical security at each facility including security cameras, and key card access. e. Network is secured with high -end redundant, automatic failoverfirewalls. f. Fire suppression and environmental control provided.
Reg CC Mtg, June 6, 2023, Page 57 of 244
g. Automatic backup power provided by on -site generators.
S. Retention Periods:
a. On the local Network Attached Storage (BDR) unit:
I. Daily Recovery points stored for last 30 days. b. At the remote storage facility:
L Monthly Recovery points stored for last 3 months. ii. Daily Recovery points stored for last 14 days.
9. Remote Storage and Base Remote Backup Image Creation a. Your encrypted data will be stored at a secured data center. b. The BASE IMAGE will be sent via a SATA II drive to the remote storage facility. There is generally a one -week turnaround time required for this base image transfer to occur.
10. Minimum Remote Storage Requirements
a. Remote storage is provided in increments of 100GB. Remote storage is tracked on a monthly basis, based on the size of the compressed images stored at the remote storage facility. b. Routine retrieval testing.
C. The integrity of backups is checked as they occur and are tested for recovery on a monthly basis.
11. Recovery Time Objective (RTO)
a. MSP will log all retrieval activities from the Client. b. MSP will attempt to resolve retrieval tickets within 24 hours of the first request. We can restore a file, file folder, email or an entire mailbox as needed. Please call our help desk for immediate assistance.
C. In a disaster, where you should lose your entire office, by request we will have an encrypted copy of the images available at the remote storage facility copied to a hard drive. It will be shipped out via next - business day air transportation to a location of your choice. When the hard drive arrives, it will be unencrypted and copied to a new BDR which will then be ready to be used as a virtual server. There is an additional cost for this service.
The BDR can also be used to perform a bare metal restore to dissimilar hardware which means that when a new server arrives, the BDR can be used to restore the most current data to that new server regardless of the server hardware.
6. Software
Numa Networks will provide vendor liaison support for all Microsoft and 3rd party application needs. This includes but is not limited to: license management, software lifecycles, renewals, and upgrades. City of Lomita identified software includes: Acrsoft, ArcReader, View Point Code Enforcement Manager, Laserfiche, Incode, ActiveNet, PC Payroll for Windows, SCADA, and Atlas Mapping.
7. E - Mail
Numa Networks will provide secure and dependable e- mail through Microsoft Exchange on the City of Lomita' s server or Office 36S if client requires migration. Numa Networks will manage all transport rules. Numa Networks shall create and maintain a strategy for controlling email impersonating legitimate internal email (Spoofed Email). Anti - Spoofing control will prevent email messages from non - legitimate sources masquerading as legitimate messages from being delivered.
8. Domain Management
Numa Networks will provide domain management forthe domain www.lomitacity.com which will include timely renewals and appropriate record management to ensure proper delivery of e- mail and website access. We will not do the website design and updates but will do record management through the registrar.
Reg CC Mtg, June 6, 2023, Page 58 of 244
9. Training
Upon initial set up and as required for new users, Numa Networks will provide basic training on the proper use of the System, upon request. As requested by City of Lomita, Numa Networks should be able to develop and provide documentation on application usage as requested as an additional service and part of a separate agreement.
10. Network Monitoring
Numa Networks utilizes a network Remote Management and Monitoring (RMM) for proper maintenance of client networks. The Numa Networks RMM tool collects SNMP, CDP / LLDP, and Netflow network data. The collection of this data allows Numa Networks to dynamically monitor traffic usage, statistics, errors, network outages and network changes. Numa Networks RMM will automatically collect configuration backups, inventory network hardware and account for user access and change management.
11. System Administration
Numa Networks will implement and maintain security policies as defined by the Agency and maintenance windows. This includes, but is not limited to group and user policies, security groups, file system restrictions per user, and disk space /growth. Numa Networks will also review event logs to investigate critical errors that may affect service or performance of the system when troubleshooting an issue.
12. Firewall Administration (opening /closing ports)
Numa Networks manages firewalls through a central firewall management system ( FMS). The FMS allows for secure remote administration of firewall updates and configuration changes, including opening/ closing ports.
Administrator access to the system uses unique logins and accounting of change management. Configuration information is stored in the FMS which allows for quick recovery to a new firewall in case of hardware failure.
The FMS allows for real -time visibility and historical reporting of firewall traffic and logs.
13. Helpdesk
Numa Networks will provide an IT Helpdesk for all users at all the Agency' s facilities. Numa Networks will require a SPOC (Single Point of Contact) for each location to be able to open the ticket on behalf of the users. Numa Networks will also assist the City's in -house support staff as needed.
F. Set Up, Deployment, Reformat and Redeployment
As employees are hired or as other System changes occur, Numa Networks will be responsible for redeploying existing systems, and performing complete set up of new equipment and licensed software whether purchased through Numa Networks or not. In this regard, Numa Networks will do the following:
1. Redeployed Computers
Back up all local data and pertinent profile information; o Backup local data to designated network location or storage device.
Add new user profile to LAN and delete former user profile, as needed; o Create new user in Active Directory on Domain Controller server. o Disable Account of former user, and place in Disabled Employee OU in Active Directory.
All redeployed computers will be reformatted;
o Microsoft Deployment Tool will re -image Computer.
If reformatted, reload drive image with required software; 0 Software will be re- installed after MDT completes.
Reg CC Mtg, June 6, 2023, Page 59 of 244
Activate Microsoft Office.
Document all work in Asset Tracking Service Request system; o Computer Information tracked with our monitoring agent, and syncs with our asset management system.
Configure computer for use on the network, printers, e- mail, and any other features required by Customer;
o Join PC to domain.
o Place in proper OU in Active Directory.
o Create user profile.
o Setup Outlook and Signature.
o Install Network Printers, if not installed via GPO.
o Install Mapped Drives, if not installed via GPO.
o Install Local USB Printer, if requested.
o Set Default Programs.
o Install additional software onsite from server, as needed.
Ship or deliver unit to Customer, as necessary; and
o Setup PC and additional hardware onsite.
Assist Employee in all logon procedures (e -mail, network, etc.). o Test with user, and ensure everything functional
2. New Computers and Servers
a Load drive image with required software and any required local data; o Microsoft Deployment Tool will image Computer.
Configure computer for use on the network, printers, e- mail, and any other features required by Customer;
o Join PC to domain.
o Place in proper OU in Active Directory.
o Create user profile.
o Setup Outlook and Signature.
o Install Network Printers, if not installed via GPO.
o Install Mapped Drives, if not installed via GPO.
o Install Local USB Printer, if requested.
o Set Default Programs.
o Install additional software onsite from server, as needed.
Document all work in Asset Tracking Service Request system; o Computer Information tracked with our monitoring agent, and syncs with our asset management system.
Provide all new media and licenses to Customer;
o Distribution Group is typically created so licensing goes to both client and Numa Networks.
Ship or deliver unit to Employee, as necessary;
o Setup PC and hardware onsite.
Assist Employee in all log on procedures ( e -mail, network, etc.); and o Test with user, and ensure everything functional.
This general procedure will apply to both client computers and servers. o Servers will also be deployed via MDT.
G. General Support
1. Overall Response Schedule
Reg CC Mtg, June 6, 2023, Page 60 of 244
Numa Networks will deliver ongoing, unlimited support for The City of Lomita System implementation and maintenance. Our service will include remote access, telephone, and on -site help when necessary, per the following schedule if the device is under warranty and the support contract:
A: Telephone callback:
Business Hours M -F ( B: OOam- S: OOpm) 2 hours
All Other Times ( Critical issues) 15 min
All other times ( None critical) Next business day
B: Remote access assistance from qualified technician logging into network, computer or server:
Business Hours M -F ( B: OOam- S: OOpm)
All Other Times ( Critical issues)
All other times ( None critical)
C: On -Site Service from time of first contact:
Critical Issues that require onsite presence:
All other issues that require onsite presence:
2 hours
15 min
Next business day
As soon as possible
As available
2. Scope
Numa Networks will be expected to provide competent managed support and technical help on all aspects of Windows Networking, including, but not limited to, Hardware, Software, Servers, and Peripheral Equipment, and to assist City of Lomita and its staff in day -to -day maintenance and administration of its IT /IS environment. We
do not manage phones or run cables but will happily provide vendor liaison and assistance. This also includes First level end -user support, Second Level end -user support, and vender support manageme Reg CC Mtg, June 6, 2023, Page 61 of 244
EXHIBIT B
COST PROPOSAL
Reg CC Mtg, June 6, 2023, Page 62 of 244
Cost Proposal / Pricing Information
Monthly Recurring Charges
Monthly Recurring Charges ( MRC) List Price Multi -Year Discount
1) Month to Month 6, 900.00 4, 810.00
2) One - Year 6, 750.00 4, 700.00
Negotiated to
3) Two —Year 5, 400.00 4, 500.00 1$ 4,200/ Month
Flat Rate Charges for Other,/Future
Re- Deploy Computer 200.00
Deployment of New Computers 250.00
Hourly ( T / M)
160 per hour
Deployment of New Servers
with a minimum
of 2 hours
Installation of New VPN 150. 00
Configuration of New PDA /Phone 150. 00
Incremental Increase in MRC per
computer 80.00
Incremental Increase in MRC per
Server 200. 00
Incremental Increase in MRC per
VPN
Incremental increase in MRC per
PDA
On site Service Requests
Backup Charges
Level 1 -2 $ 125
Project Bill Rate Level 3 $ 160
Reg CC Mtg, June 6, 2023, Page 63 of 244
Agree No. 2019 -05
FIRST AMENDMENT TO
AGREEMENT BETWEEN THE CITY OF LOMITA AND NUMA NETWORKS FOR EQUIPMENT
PURCHASE AND PROFESSIONAL SERVICES
This First Amendment to the Agreement between the City of Lomita ( " City ") and Numa Networks ( " Consultant ") for Equipment Purchase and Professional Services for Managed IT Services is made and entered into this 5th day of February 2019.
WHEREAS, the City and Consultant are parties to an Agreement for professional services for the above referenced projects dated September 4, 2018 ( "the Agreement "); and WHEREAS, the City and Consultant desire to amend the Agreement to include additional services to the scope of services as described in Exhibit A in the Agreement and to include additional corresponding price information to Exhibit B of the Agreement.
NOW, THEREFORE, in consideration of the promises and mutual covenants contained therein, City and Consultant hereby agree as follows:
1. Scope of Services. Exhibit A (Scope of Services) of the Agreement shall be amended to add the attached Exhibit Al as additional services to be performed by Consultant in addition to the already stated services found in Exhibit A of the Agreement.
2. Consideration and Compensation. Exhibit B ( Cost Proposal) of the Agreement shall be amended to add the attached Exhibit B1 as additional pricing information in addition to the already stated pricing information found in Exhibit B of the Agreement.
3. No other changes. All terms, conditions and other provisions of the Agreement, including all Exhibits thereto, not affected by this First Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the 5th day of February 2019, at Lomita, California.
NUMA NETWORKS
By
Warren Hino
Consultant
65265. 00001 \ 31789883. 1
1/ 29/ 19
CITY OF LOMITA
B (y 1 0
Rya moot
Mana
Attest:
Sandra Medina
City Clerk
Reg CC Mtg, June 6, 2023, Page 64 of 244
1. On-Site IT Support Services
3 days per week; ( 3. 5 minimum hours per day)
Specific days to be determined based on City need
City may reduce the number of days based on need
2. Server Replacement Proiect Labor Cost
2) Setup Server — Install Server 2016 — Install and Prep Monitoring — Update Windows / Firmware BIOS
Configure switching and MD Storage array
VMWare
Create ( 5) New VM
SRV- COL- DC01 - 8GB RAM, C: 120 / D: 2TB
SRV- COL- APP02 - 16GB RAM, C: 120 D: 250 / E: 75 ( Scratch) ARV- COL- APP03 - 16GB RAM C: 120 D: 250 / E: 75 (Scratch) SRV- COL- RDS01 - 16GB RAM C: 120 D: 25011
INCODE Server ( LOMCHSQL1) SRV- COL- APP01
Migrate 13 Network Printers
LASERFICHE ( LASERFICHE) - SRV- COL- APP03
Work with ECS Imaging to grant them remote access to server as they will manage the LASERFICHE migration from 9. 2 to the most current version. Confirmed with support they will install SQL Express.
ECS indicated they have 10 reserved hours to work from on this" Migrate 10 Network Printers
Terminal Server ( LOMCFITERM1) - SRV- COL- RDS01
Install Office 2010 ProPlus ( client owns licensing and software) Install LaserFische Client and Incode Client ( Outlook add- on for Laserfische included) Configure 5 user profiles
Work with -existing IT providor to update NAT policy to point to the new RDS Server Configure APC UPS and PCN appliance for proper shutdown Migrate the.\\ Water Utility Share ( < 10GB files) from LOMCHSRV3 and migrate to SRV- COL- DC01 and update GPO' s / login scripts as necessary .
Check to ensure LOMCHSRV3 does not run any other dependencies and DCPROMO down and decom this server -
Deliver all equipment / rack and stack ( 2 techs)
65265. 00001 \31789883. 1
1/ 29/ 19
Reg CC Mtg, June 6, 2023, Page 65 of 244
Move Current Backup to separate VLAN
1. Implement GPO for locking screen
2. Implement GPO for stronger password requirements
3. Active Directory cleanup ( delete terminated employees, service accounts, test accounts, Domain Admin membership, etc)
4. GPO cleanup/ drive mapping best practices implementation
5. File share permissions security upgrade i. e. LOMCHAPP1 ( everyone has full control) Deliver all equipment / rack and stack ( 2 techs)
Requirements:
Windows based Outlook clients will be at version 2010 SP2 ( w/ updates KB2956191 and KB2965295) or higher and 2011 or higher for Macs
COL confirms through existing IT providor that there are valid backups for all servers to be decomissioned prior to commencing project
Assumptions:
At least ( 8) GB ports free on current switch stack for servers At least ( 4) 10/ 100 switch ports free for management
At least 12U of space free for servers, UPS, and MD Array.
3. Office 365 Migration
Office 365 Migration - Client will provide licensing
Office 365 Migration Tool — Up to 65 users
4. InCode10 Installation
Incode 10 Upgrade and Installation: Incode 10 upgrade and vendor liaison assistance for Incode vendor Tyler Technologies.
Upload Incode 9 data for data conversion to Tyler Technologies. This will happen once at the beginning of the project and once during the project.
Set up Windows VM for Incode 10
install SQL Server 2016 on VM
Set up remote access for Tyler Technologies
Install Incode 10 software on end-user PCs (26 PCs)
Configure access to Incode Express ( web app) on firewall Assumptions New server hardware is available and ready to set up
Tyler Technologies will handle the installation and configuration of Incode 10 on the VM Tyler Technologies will provide the documentation or training needed to upgrade end- user PCs 65265. 00001 X3 1789883. 1
1/ 29/ 19
Reg CC Mtg, June 6, 2023, Page 66 of 244
LOU', Ir M
Monthiv RP-mirrinn rthnrnac
Monthly Recurring Charges.:,
No W. 0
Cost
On an as- needed basis as determined by the City 3, 600. 00 ($ 75/ hr.) 3 site visits per week (# 1 on prior page)
Minimum 3. 5 hours per day)
rM E - - d- r% - ® A# W& N am aft, d 0 • I
rid-L mate %.Pna.rges iror utnern- uture
65265. 00001\ 31789883. 1
1/ 29/ 19
Reg CC Mtg, June 6, 2023, Page 67 of 244
Agree No 2020- 33
SECOND AMENDMENT TO
AGREEMENT BETWEEN THE CITY OF LOMITA AND NUMA NETWORKS FOR EQUIPMENT
PURCHASE AND PROFESSIONAL SERVICES
This Second Amendment to the Agreement between the City of Lomita (' City') and Nurna Networks (" Consultant") for Professional Services for Managed IT Services is made and entered into this 150 day of September 2020.
WHEREAS, the City and Consultant are parties to an Agreement for professional services for dated September 4, 2018 (`the Agreement"); and
WHEREAS, Amendment No. 1 to said Agreement between the City and Consultant for Equipment Purchase and Professional Services for Managed IT Services was made and entered into on February 5, 2019.
WHEREAS, the City and Consultant desire to amend the Agreement to extend the term of the Agreement and revise fee schedules. The Agreement is set to expire on September 4, 2020.
NOW, THEREFORE, in consideration of the promises and mutual covenants contained therein, City and Consultant hereby agree as follows:
1. Term of Agreement. The term of the Agreement shall be extended to September 4, 2023. It is understood that any and all Services requested by City that fall outside of the terms of this Agreement and its amendments will be considered Projects, and will be quoted and outlined in a separate SOW.
2. Exhibits. In addition to the work plan as outlined in the Agreement and Amendment No. 1 of the Agreerrr-K Consultant will provide complete ongoing technical assistance and system managemPart on the following systems as set forth in Exhibit A. Certain fees relating to the services being provided are amended as set forth in Exhibit B. Exhibit A and Exhibit B attached hereto are incorporated herein by reference.
3. No other changes. All terms, conditions and other provisions of the Agreement and Amendment No. 1 to the Agreement, including all Exhibits thereto, not affected by this Second Amendmend shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment on the 15th day of September 2020, at Lomita, Califomia.
NUMA NETWORKS
Consultant
CITY OF LOMITA
Reg CC Mtg, June 6, 2023, Page 68 of 244
Amendment 2: Exhibit A Cost Proposal Update for Professional Services Cost The Work Plan
SCOPE OF SERVICES
The following scope describes the work that will be completed to deliver the managed support services for the City of Lomita. Numa Networks goal is to improve ongoing support, maintenance, develop an infrastructure life cycle replacement schedule, and improve security processes and procedures for the City of Lomita. Numa Networks is in agreement with the City of Lomita in regard to the aging server report and a potential lack of Disaster Recovery.
A. Documentation
Whether or not it is specifically addressed below, Numa Networks will provide and maintain complete documentation for all work undertaken and provide this documentation in electronic form unless otherwise noted.
B. Number of Users / Devices
In addition to the work plan as outlined in the September 4, 2018 agreement and Amendment No. 1 dated February 5, 2019, Numa Networks will provide complete ongoing technical assistance and system management on the following systems as amended:
Services Current , Revision '
Managed Computers 140 156 3
Managed Servers 11 11
Managed Routers 13 c 5
Antispam Accounts 150 70
Antivirus Accounts 50 56
Note: Quantity of managed servers reflects servers currently online. Efforts to decommission two servers are currently in progress.
Reg CC Mtg, June 6, 2023, Page 69 of 244
Amendment 2: Exhibit B Cost Proposal Update for Professional Services Cost Amended Cost Proposal / Pricing Information
Monthly Recurring Charges
Monthly Recurring Charges ( MRC) Current
Current j $ 4, 280
September 1, 2020 ( 2%) 4,365 i
September 1, 2021( 2%) I $ 4,452
September 1, 2022 ( 2%) 4, 541 ,
On -Site Support
On -Site Support Pricing ( Monthly)
Current 3, 600
September 1, 2020 2% 3,672
September 1, 2021 2% 3, 745
September 1, 2022 2%) 3, 820
Flat Rate Charges for Other/ Future
Deployment of New Computers J $ 350
Incremental Increase in MRC per Computer i $ 85
Project Bill Rate ; level 1- 2 - $ 125 Level 3 - $ 175
Reg CC Mtg, June 6, 2023, Page 70 of 244
TO: City Council
FROM: Ryan Smoot, City Manager
PREPARED BY: Carla Dillon, P.E., Public Works Director
MEETING DATE: June 6, 2023
SUBJECT: Consideration of a Corrected First Amendment to Agreement with Hazen and Sawyer for Engineering Services related to the upgrades at the Cypress Water Production Facility.
RECOMMENDATION
Approve the corrected First Amendment to Agreement 2020-18 with Hazen and Sawyer for engineering services related to upgrades at the Cypress Water Production Facility for a total not to exceed $233,313 inclusive of previously approved funding; and authorize the City Manager to execute.
BACKGROUND
The City had long been planning for the addition of Granular Activated Carbon (GAC) to improve the aesthetic qualities of Lomita’s water and began the design process in late 2017. The GAC will not only remove constituents that affect aesthetic qualities such as taste and odor, but also removes benzene and is considered the best available technology. Following the detection of benzene, the design of the GAC system required the addition of two more GAC vessels to ensure complete removal of benzene.
In June 2020, the City Council approved an agreement with Hazen and Sawyer to support the construction phase of the project, and in January 2021, the construction contract was awarded to RC Foster.
While the project is nearly complete, several elements of the project scope have required additional review and submittals than originally anticipated. These include the number of items submitted by the contractor for review, the number of requests for information, and the support for permitting the facility with the State Division of Drinking Water.
In February 2023, the City Council approved an amendment with Hazen and Sawyer to allow for continued engineering support through the project completion in the coming Item No. 7f
CITY OF LOMITA
CITY COUNCIL REPORT
Reg CC Mtg, June 6, 2023, Page 71 of 244
months and ensure the City is able to make required submittals to the Division of Drinking Water as expeditiously as possible. The total not to exceed amount, inclusive of previously approved funding, was inadvertently stated as $214,655, but should have been included the contingency amount for a total amount of $233,313.
FISCAL IMPACT
The additional cost of the amendment is $28,078 and brings the total contract amount to $233,313. Funds are budgeted in FY22-23 in the Water Capital budget, account No. 520- 840-5821.365, Cypress Water Production Upgrades. The City anticipates a reimbursement of $2,000,000 through the WRD grant following the completion of the project in accordance with the approved reimbursement agreement.
OPTIONS
1. Approve staff’s recommendation.
2. Provide alternative direction.
ATTACHMENTS
1. First Amendment (corrected)
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
Reg CC Mtg, June 6, 2023, Page 72 of 244
First Amendment to Agreement between
Hazen and Sawyer Environmental Engineers and Scientists and the City of Lomita (Corrected)
This First Amendment to the Agreement is made and entered into between the City of Lomita (“City”) and Hazen and Sawyer Environmental Engineers and Scientists, (“Consultant”). The City and Contractor mutually agree to amend the existing Agreement entered into on June 16, 2020, as follows:
RECITALS
A. On June 16, 2020, the City entered into an Agreement with Contractor for various engineering services (“Agreement”).
B. The City and Contractor now desire to amend the Agreement compensation by increasing the pay by $28,078 for a total compensation not to exceed $233,313.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
1. CONSIDERATION AND COMPENSATION. Section 1.C is amended to read as follows:
C. As additional Consideration, CITY agrees to pay CONSULTANT an amount not to exceed $233,313 for CONSULTANT's services, unless otherwise specified by written amendment to this Agreement.
2. NO OTHER CHANGES. All terms, conditions, and other provisions of the Agreement, including all exhibits, not affected by this First Amendment shall remain in full force and effect.
3. ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this First Amendment to the 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. [Signatures on following page]
Attachment No 1
Reg CC Mtg, June 6, 2023, Page 73 of 244
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the 6
th day of June 2023, at Lomita, California.
City of Lomita Hazen and Sawyer Environmental
Engineers and Scientists
By______________________________ By _______________________________ Ryan Smoot, City Manager Lynn Grijalva, Vice President
Attest: Approved as to Form:
________________________________ _____________________________ Kathleen Horn Gregory, MMC, City Clerk Trevor Rusin, City Attorney Reg CC Mtg, June 6, 2023, Page 74 of 244
TO: City Council
FROM: Ryan Smoot, City Manager
PREPARED BY: Juan Ibarra, Administrative Analyst
MEETING DATE: June 6, 2023
SUBJECT: Consideration of a Resolution Approving a Cooperation Agreement Between the City of Lomita and the County of Los Angeles for Continued Participation in the County of Los Angeles Urban Community Development Block Grant (CDBG) Program
RECOMMENDATION
Adopt Resolution and authorize the Mayor or his designee to execute the agreement for the time period of July 1, 2024 through June 30, 2027.
BACKGROUND
In 1974, the U.S. Congress introduced the Community Development Block Grant (CDBG) Program as part of the Housing and Community Development Act. CDBG is funded by the U.S. Department of Housing and Urban Development (HUD). Although the Act has been amended in recent years, the primary objective continues to be developing viable urban communities by providing decent housing, a suitable living environment, and expanding economic opportunities, principally for low and moderate income persons.
The Los Angeles County Development Authority (LACDA), formerly the Los Angeles County Community Development Commission administers this funding on behalf of the Los Angeles County Board of Supervisors, which oversees the LACDA, and 48 participating cities throughout the County including Lomita.
To participate in the CDBG Program, LACDA must requalify with HUD every three (3) years to obtain entitlement status as an Urban County. The County is in the process of submitting its documentation to qualify for this designation. For the requalification to be possible, LACDA needs to enter into cooperation agreements with all non-entitlement cities, with a population of less than 50,000, within the Los Angeles County. In order to continue to receive CDBG funding the City of Lomita is required to enter into the cooperation agreement.
Item No. 7g
CITY OF LOMITA
CITY COUNCIL REPORT
Reg CC Mtg, June 6, 2023, Page 75 of 244
The Cooperation Agreements are executed on three (3) year cycles, the next being July 1, 2024 through June 30, 2027. The current Urban County three-year qualification period will end on June 30, 2024.
The City of Lomita would need to continue its participation in order to continue receiving CDBG funding. The City of Lomita has been approved to receive a CDBG allocation during FY 2023-2024 of $140,077.
OPTIONS:
1. Approve staff’s recommendation
2. Give staff alternative direction
FISCAL IMPACT
By participating in the Los Angeles Urban CDBG Program, the City of Lomita would be allocated an estimated $440,000 in CDBG funds between July 1, 2024 and June 30, 2027.
ATTACHMENTS
1) Resolution
2) Cooperation Agreement
Reviewed by: Approved by:
________ __________________________
Gary Sugano Ryan Smoot
Assistant City Manager City Manager
Prepared by:
__________________________
Juan Ibarra
Administrative Analyst
Reg CC Mtg, June 6, 2023, Page 76 of 244
RESOLUTION NO. 2023-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMITA, CALIFORNIA
APPROVING PARTICIPATION IN THE LOS ANGELES URBAN COUNTY PROGRAM WHEREAS, the City of Lomita ("City") desires to participate in the Los Angeles Urban County Program for Community Development Block Grant ("CDBG") funds, and if applicable, the HOME Investment Partnerships (“HOME”) Program, and the Emergency Solutions Grant (“ESG”) Program, in the County's Consolidated Plan for Fiscal Years 2024-2026, commencing on July 1, 2024, and through June 30, 2027; and
WHEREAS, the City authorizes the execution of a Cooperation Agreement with the County of Los Angeles in order to receive said CDBG funds;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LOMITA AS FOLLOWS:
SECTION 1. The City Council adopts and approve its participation in the Los Angeles County Urban County Program and receiving CDBG funds, and if applicable, HOME and ESG Program funds, and execution of the Cooperation Agreement between the City of Lomita and the County of Los Angeles for the time period of July 1, 2024, through June 30, 2027 and self-renewing thereafter.
SECTION 2. The City Council authorizes the Mayor, or his/her designee, to execute the Cooperation Agreement, any and all related documents necessary, for participation in the Los Angeles Urban County Program on behalf of the City.
PASSED, APPROVED, AND ADOPTED this 6th day of June 2023.
Barry Waite, Mayor
ATTEST:
Kathleen Horn Gregory, City Clerk
APPROVED AS TO FORM:
_____________________________
Trevor Rusin, City Attorney
Attachment No 1
Reg CC Mtg, June 6, 2023, Page 77 of 244
I, Kathleen Horn Gregory, City Clerk of the City of Lomita, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Lomita held on the 6th day of June, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Kathleen Horn Gregory, City Clerk
Reg CC Mtg, June 6, 2023, Page 78 of 244
COUNTY OF LOS ANGELES
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
HOME INVESTMENT PARTNERSHIPS PROGRAM
EMERGENCY SOLUTIONS GRANT PROGRAM
PARTICIPATING CITY
COOPERATION AGREEMENT
This COOPERATION AGREEMENT (“Agreement”) is being entered into on this 6th day of June 2023 to be effective on the 1
st day of July 2024, by and between
the CITY OF LOMITA, hereinafter referred to as “City,” and the County of Los Angeles, by and through the Executive Director of the Los Angeles County Development Authority, hereinafter referred to as “County,” and shall remain in effect for the County's Consolidated Plan for Fiscal Years 2024-2026. The County and the City are collectively referred to as the “Parties” or individually “Party.”
WITNESSETH THAT:
WHEREAS, in 1974, the U.S. Congress enacted and the President signed a law entitled, the Housing and Community Development Act of 1974, as amended, herein called the “Act”; WHEREAS, the Parties desire to cooperate to undertake, or assist in undertaking, community development, community renewal of lower-income housing assistance activities, specifically urban renewal and publicly assisted housing, including, but not limited to, the improvement or development of housing for persons of low- to moderate-incomes, and other community or urban renewal activities authorized by the Act, the Cranston-Gonzalez National Affordable Housing Act (“NAHA”), and the U.S. Housing Act of 1937, as amended; WHEREAS, the Community Development Block Grant (“CDBG”) Program, the HOME Investment Partnerships (“HOME”) Program, and the Emergency Solutions Grant (“ESG”) Program are required to have an approved comprehensive housing strategy as authorized under NAHA;
WHEREAS, the County has requested of the U.S. Department of Housing and Urban Development, hereinafter referred to as “HUD”, that the County be designated as an urban county, hereinafter referred as to the “Los Angeles Urban County”; WHEREAS, the City has participated with the County in the Los Angeles Urban County Program and desires to renew its participation with the County in said Los Angeles Urban County Program for the County's Consolidated Plan for Fiscal Years 2024-2026; WHEREAS, as the Los Angeles Urban County designee, the County will take responsibility and assume all obligations of an applicant under federal statutes, including: the analysis of needs, the setting of objectives, the preparation of community development and housing assistance plans, the consolidated plan, and the assurances of certifications; Attachment No 2
Reg CC Mtg, June 6, 2023, Page 79 of 244
WHEREAS, the terms and provisions of this Agreement are fully authorized under state and local law, and this Agreement provides full legal authority for the County to undertake, or assist in undertaking, essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing; and WHEREAS, by executing this Agreement, the Parties hereby give notice of the intention to participate in the Los Angeles Urban County Program.
NOW, THEREFORE, the Parties agree as follows:
1. The City hereby authorizes the County to perform, or cause to be performed, those acts necessary or appropriate to implement the community development and housing assistance activities. Specifically urban renewal and publicly assisted housing, including, but not limited to, improvement or development of housing for persons of low- to moderate-income, and other community or urban renewal activities authorized under the Act for the City in the County's Consolidated Plan for Fiscal Years 2024-2026, which will be funded from the CDBG Program, and, where applicable HOME and ESG Programs, from federal annual appropriations and from any program income generated from the expenditure of such funds.
In the event this Agreement extends into succeeding fiscal years and funds have not been appropriated, this Agreement will automatically terminate as of June 30 of the then-current fiscal year. The County will endeavor to notify the City in writing within ten (10) days of receipt of non-appropriation notice.
2. This Agreement covers the following formula funding programs administered by HUD where the County is awarded and accepts funding directly from HUD: The CDBG Program, the HOME Program, and the ESG Program.
3. In executing this Agreement, the City understands the following:
a. The County has the final responsibility for selecting CDBG, and, where applicable, HOME and ESG, activities and submitting the Consolidated Plan to HUD.
b. The City is not eligible to apply for grants under the State CDBG (“Small Cities CDBG”) Program for appropriations for the County's Consolidated Plan for Fiscal Years 2024-2026.
c. The City may participate in the HOME Program only through the Los Angeles Urban County Program. Thus, even if the County does not receive a HOME formula allocation, the City cannot form a HOME consortium with other local governments.
d. The City may participate in the ESG Program only through the Los Angeles Reg CC Mtg, June 6, 2023, Page 80 of 244
Urban County Program.
4. The term of this Agreement shall be for the County's Consolidated Plan for Fiscal Years 2024-2026 and commence on July 1, 2024 through June 30, 2027 ("Urban County Term"). The Parties agree that they cannot terminate or withdraw from this Agreement while it remains in effect. The City provides written notice at least 60 days prior to June 30 2026 that it elects not to participate in the next urban county qualification period. Towards the end of the second year of the Urban County Term, the County will notify the City in writing of its right not to participate in the County's successive Consolidated Plan for the next three-year period.
The Parties agree to adopt amendments to this Agreement incorporating changes necessary to meet the requirements for cooperation agreements set forth in HUD’s Urban County Qualification for Participation Notice, prior to the subsequent threeyear extension of the term.
5. This Agreement shall be effective for the Urban County Term and for such period of time for the expenditure of all CDBG funds, or where applicable, HOME and ESG funds, allocated to the City under this Agreement and appropriations from any program income therefrom and for the completion of the funded activities. The Parties agree that they cannot terminate or withdraw from this Agreement while it remains in effect.
6. The Parties agree to cooperate to undertake, or assist in undertaking, community renewal and lower-income housing assistance activities, specifically urban renewal and publicly assisted housing, including, but not limited to, the improvement or development of housing for persons of low- to moderate-incomes, and other community or urban renewal activities authorized by the Act.
The Parties in the performance of this Agreement shall take all actions necessary or appropriate to assure compliance with the Los Angeles Urban County Program’s certification under Section 104(b) of Title I of the Act, as amended, that the grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964; and the implementing regulations at 24 CFR Part 1, and the Fair Housing Act, and the implementing regulations at 24 CFR Part 100, and will affirmatively further fair housing. See 24 CFR § 91.225(a) and Affirmatively Furthering Fair Housing Definitions and Certifications (86 FR 30779, June 10, 2021), to be codified at 24 CFR 5.151 and 5.152, available at https://www.federalregister.gov/documents/2021/06/10/2021-12114/restoringaffirmatively-furthering-fair-housing-definitions-and-certifications.
Furthermore, the Parties in the performance of this Agreement shall take all actions necessary or appropriate to assure compliance with Section 109 of Title I of the Act, and the implementing regulations at 24 CFR Part 6, which incorporates Section 504 of the Rehabilitation Act of 1973, and the implementing regulations at 24 CFR Part 8, Title II of the Americans with Disabilities Act, and the implementing Reg CC Mtg, June 6, 2023, Page 81 of 244
regulations at 28 CFR Part 35, the Age Discrimination Act of 1975, and the implementing regulation at 24 CFR Part 146, and Section 3 of the Housing and Urban Development Act of 1968, and all other applicable laws and regulations.
The Parties agree that CDBG and, where applicable, HOME and ESG funding is prohibited for any activities in, or in support of, any cooperating City that does not affirmatively further fair housing within its own jurisdiction or that impedes the County’s action to comply with its fair housing certification. The City acknowledges and agrees to HUD’s 424-B Form, Assurances and Certifications.
7. Pursuant to 24 CFR § 570.501(b), the City is subject to all requirements applicable to subrecipients, including the requirement of a written agreement as set forth in 24 CFR § 570.503.
8. The City shall report to the County of any income generated by the use of CDBG and, where applicable, HOME and ESG funds received by the City. Any such program income, if applicable, must be remitted to the County within 30 days of receipt. Such program income may be used for eligible activities in accordance with all CDBG and, where applicable, HOME and ESG, requirements as may then apply.
9. The County shall be responsible for monitoring and reporting to HUD on the use of any program income; therefore, the City shall be required to maintain appropriate record keeping and reporting for this purpose.
10. The City may not sell, trade or otherwise transfer all or any portion of CDBG, and, where applicable, HOME and ESG funds to another metropolitan city, urban county, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG, and, where applicable, HOME and ESG funds in exchange for any other funds, credits or non-federal consideration, but must use such funds for activities eligible under Title I of the Act.
11. In the event of grant close-out or termination of this Agreement, any program income that is on hand or received subsequent to the close-out or change in status shall be paid to the County within 60 days after grant closeout or termination of this Agreement.
12. All program income generated from the disposition or transfer of real property acquired or improved by the City using CDBG and, where applicable, HOME and ESG, funds or program income, during the Urban County Term, shall be subject to all the terms and conditions of this Agreement.
13. Any real property which is acquired or improved by the City during the term of this Agreement, in whole or in part, using CDBG and/or HOME and ESG funds or program income in excess of $25,000, shall be subject to the following standards:
Reg CC Mtg, June 6, 2023, Page 82 of 244
a. The County shall be notified by the City in writing of any modification or change in the use or disposition of such real property from that planned at the time of the acquisition or improvement. Such notification shall be made prior to the modification, change in use or disposition. b. If such real property is sold within five (5) years or transferred for a use which does not qualify as an eligible activity under CDBG and/or HOME and ESG regulations, the City shall reimburse to the County an amount equal to the pro-rata share of the current fair market value of the property or proceeds from the sales. The pro-rata share shall be calculated by multiplying the current market value by the percentage of the purchase price paid with CDBG funds or program income.
14. The City shall make available for inspection and audit to County’s and HUD’s representatives, upon request, at any time during the duration of this Agreement and for a period of five (5) years thereafter, all of its books and records relating to CDBG and, where applicable, HOME and ESG, program activities and income.
15. Following the end of the three-year reimbursable contract period and after resolving any financial or programmatic findings, if the City elects to leave the Los Angeles Urban County Program and is not eligible to become an entitlement city, the City will be unable to request that its allocation or any remaining balance be transferred to the City. Any remaining balance will be transferred to the funding pool of the Supervisorial District in which the City is located.
16. The City has adopted and is enforcing:
a. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and
b. A policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction.
17. The City shall provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the City’s workplace and specifying the actions that will be taken against employees for violation of such prohibition. b. Establishing an ongoing drug-free awareness program to inform employees about:
i. The dangers of drug abuse in the workplace;
Reg CC Mtg, June 6, 2023, Page 83 of 244
ii. The City’s policy of maintaining a drug-free workplace; iii. Any available drug counseling, rehabilitation, and employee assistance programs; and
iv. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.
c. Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph “a” of this Section 20.
d. Notifying the employee in the statement required by paragraph “a” of this Section 20 that, as a condition of employment funded by the CDBG, and where applicable, HOME and ESG grant, the employee will:
i. Abide by the terms of the statement; and
ii. Notify the City in writing of his or her conviction of a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after such conviction.
e. Notifying the County in writing, within ten (10) calendar days after receiving notice under subparagraph d(ii) of this Section 20 from an employee or otherwise receiving actual notice of any such conviction; and the City must provide written notice, including position or title, of any City employees convicted of any criminal drug statute to every County officer or other designee who processed a CDBG, HOME, or ESG grant which funded any activity on which the convicted employee was working, unless HUD has designated an identification number(s) of each affected grant. f. Taking one (1) of the following actions, within 30 calendar days of receiving notice under subparagraph d(ii) of this Section 20, with respect to any employee who is so convicted:
i. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purpose by a federal, state, local health, law enforcement, or other appropriate agency.
g. Making a good faith effort to continue to maintain a drug-free workplace through the implementation of paragraphs a, b, c, d, e, and f, of this Section
17. Reg CC Mtg, June 6, 2023, Page 84 of 244
18. This Agreement may be executed in any number of counterparts, each of which shall be effective only upon delivery, and therefore shall be deemed an original, and all of which shall constitute one and the same document, for the same effect as if all parties hereto had signed the same signature page.
The facsimile, email, or other electronically delivered signature of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals.
Reg CC Mtg, June 6, 2023, Page 85 of 244
IN WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles has caused this Agreement to be subscribed by the Executive Director of the LACDA, and the City has subscribed the same through its duly authorized officers, on the day, month, and year first above written.
County Counsel Certification
The office of the County Counsel hereby certifies that the terms and provisions of this Agreement are fully authorized under state and local laws, and that the Agreement provides full legal authority for the County to undertake or assist in undertaking essential community development and housing assistance activities, specifically urban renewal and public assisted housing.
By: ___________________________________ ___________________________ Principal Deputy County Counsel Date
COUNTY OF LOS ANGELES
By: ________________________________
EMILIO SALAS, Executive Director
Los Angeles County Development Authority
ATTEST:
City Clerk
By: ________________________________
APPROVED AS TO FORM:
DAWYN R. HARRISON
County Counsel
By: ________________________________
BEHNAZ TASHAKORIAN
Principal Deputy County Counsel
CITY OF LOMITA
By: ________________________________
MAYOR OR DESIGNEE
APPROVED AS TO FORM:
By: ________________________________
CITY ATTORNEY
Reg CC Mtg, June 6, 2023, Page 86 of 244
TO: City Council
FROM: Ryan Smoot, City Manager
PREPARED BY: Gary Y. Sugano, Assistant City Manager
MEETING DATE: June 6, 2023
SUBJECT: Consideration of an Agreement with Airespring for Networking, Internet, and Phone Service at all City Facilities
RECOMMENDATION
Approve the agreement and authorize the City Manager to sign the Master Services Agreement and any related documentation.
BACKGROUND/ANALYSIS
TPx Communications has been providing the majority of services listed above including networking and landline phone service to five city locations (Lomita City Hall, Lomita Park, Public Works Corp Yard, CWPF and the Railroad Museum). Prior to the fiber upgrade at Lomita Park and the Cypress Water Facility, primary internet service (at all sites except city hall) had been provided by Spectrum (via TPX) and phone maintenance by NexusTek. While the reliability of TPx has been adequate (service has been uneven and we’ve seen a consistent turnover in customer account management), staff enlisted the assistance of Sandler Partners (via Numa Networks) to shop other companies to provide a comparison.
In 2016, the South Bay Cities Council of Governments (SBCCOG) embarked on an initiative to bring a fiber network to the South Bay that would allow cities and other governmental agencies to receive faster internet access (1GB vs. 20MB). The City has been receiving this service from Race Communications at the city hall location since 2020. This has dramatically improved productivity and reliability at city hall. The City is in the process of adding two additional sites – Lomita Park and the Cypress Water Facility.
Phone Upgrade from PBX to VoIP
The City’s current phone system is a PBX (Private Branch Exchange) which is an on premise phone system not connected to a data network. VoIP (Voice over Internet Item No. 7h
CITY OF LOMITA
CITY COUNCIL REPORT
Reg CC Mtg, June 6, 2023, Page 87 of 244
Protocol) converts voice to data which can be transferred over a data network. The VoIP would be hosted off-site which would eliminate the need for an on-site communications network and would be one less item that would require future maintenance.
Other features of a VoIP system include the option for users to use a soft phone (eliminates the need for a physical phone) to place and receive calls with a headset. An app on their PC or mobile device would allow calls to be placed.
The table provides a cost comparison with the current vs. the proposed cost from other providers.
Current
Site/Location
Monthly
Cost
NonRecurringInternet
Speed Start of Term Expiration
City Hall/Narbonne n/a n/a 8/1/2020 10/30/2023
Lomita Park/24428 Eshelman n/a 200/10 5/1/2020 10/30/2023 Corp Yard/24373 Walnut Av n/a 100/8 5/1/2020 10/30/2023 RR Museum/2137 250th St n/a 100/10 5/1/2020 10/30/2023
CWPF/26112 Cypress St n/a 100/10 5/1/2020 10/30/2023
Phone Maintenance
(NexusTek)
$2,253.92
Proposed/Recommended
(Airespring/Spectrum)
Site/Location
Monthly
Cost
NonRecurringInternet
Speed Start of Term Expiration
City Hall/Narbonne n/a 300/10* 9/30/2023 10/30/2026
Lomita Park/24428 Eshelman n/a 300/10* 9/30/2023 10/30/2026 Corp Yard/24373 Walnut Av n/a 300/10 9/30/2023 10/30/2026 RR Museum/2137 250th St n/a 300/10 9/30/2023 10/30/2026 CWPF/26112 Cypress St n/a 300/10* 9/30/2023 10/30/2026
$2,484.95
(Cato/Spectrum)
Site/Location
Monthly
Cost
NonRecurringInternet
Speed Start of Term Expiration
City Hall/Narbonne n/a 300/10* 9/30/2023 10/30/2026
Lomita Park/24428 Eshelman n/a 300/10* 9/30/2023 10/30/2026 Corp Yard/24373 Walnut Av n/a 300/10 9/30/2023 10/30/2026 RR Museum/2137 250th St n/a 300/10 9/30/2023 10/30/2026 CWPF/26112 Cypress St n/a 300/10* 9/30/2023 10/30/2026
$2,718.70
(BigLeaf/Spectrum)
Site/Location
Monthly
Cost
NonRecurringInternet
Speed Start of Term Expiration
Reg CC Mtg, June 6, 2023, Page 88 of 244
City Hall/Narbonne n/a 300/10* 9/30/2023 10/30/2026
Lomita Park/24428 Eshelman n/a 300/10* 9/30/2023 10/30/2026 Corp Yard/24373 Walnut Av n/a 300/10 9/30/2023 10/30/2026 RR Museum/2137 250th St n/a 300/10 9/30/2023 10/30/2026 CWPF/26112 Cypress St n/a 300/10* 9/30/2023 10/30/2026
$2,379.95
* Back-up connection; these 3 sites have 1GB fiber connections through Race Communications ** New phones would be provided across all sites
*** One-time IT support charges for all options - $6,000 **** Estimated tax $250/month
***** All options include Spectrum internet
****** 1 month free during the term of the agreement
While Airespring monthly cost is nominally higher than BigLeaf’s proposal and TPx, their overall customer service and experience with phone setup is superior and is therefore being recommended. White glove service relative to equipment setup (including programming of phones), annual phone maintenance and training is included in the pricing. In addition, all landline phones would be provided at no extra charge. Under the proposal, a new back-up internet connection through Spectrum would be provided at city hall (which we do not currently have). If approved, notice would be provided to TPx Communications of termination effective October 30, 2023. There would be a one month overlap of service for continuity. Setup and installation would take place in late September to ensure adequate time to implement the switch-over should any issues arise.
ALTERNATIVES
1. Do not approve staff’s recommendation
2. Give staff further direction
FISCAL IMPACT
The monthly cost initially would be $2,484.95 per month plus one-time installation charges totaling $6,050 (for a 3-year term). There is sufficient funding budgeted under the Information Technology Division as this cost has been previously budgeted.
ATTACHMENTS
1. Master Service Order Agreement
Prepared by: Approved by:
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Reg CC Mtg, June 6, 2023, Page 89 of 244
AIRESPRING
MASTER SERVICE ORDER AGREEMENT
3/15/2023
(This MSOA is valid if signed by the Customer on or before 3/25/2023) CUSTOMER: City of Lomita
OMR #:
Channel Mgr: Steve Mooney
Agent: John Ellis
Agent ID: ASP0067
Solutions Engineer:
Submitted by: Steve Mooney
CUSTOMER BILLING ADDRESS:
Street:
City:
State:
ZIP Code:
CUSTOMER CONTACT:
Name:
Title:
Phone:
Email:
TECHNICAL/VENDOR CONTACT:
Name:
Title:
Phone:
Email:
BILLING CONTACT:
Name:
Title:
Phone:
Email:
Attachment No 1
Reg CC Mtg, June 6, 2023, Page 90 of 244
The purpose of this Master Service Order Agreement (“MSOA”) shall be to include all Service Orders for locations listed herein under a single Master Service Order Agreement. The Master Service Order Agreement includes this agreement and all schedules, exhibits and Service Order attachments ("Attachments) appended hereto or subsequently signed by the parties, (collectively, this "Agreement"). All services provided to Customer by AireSpring are governed by the terms of a Master Service Agreement (“MSA”), which may be found at https://airespring.com/service-terms/ and AireSpring’s Acceptable Use Policy, which may be found at https://airespring.com/service-terms/acceptable-use-policy-aup/, both of which are incorporated into this Agreement by this reference. Unless explicitly agreed to in writing with the consent of both parties, this Agreement shall supersede any other expressed or implied understandings or agreements between the Customer and AireSpring.
By signature below, Customer expressly agrees to be bound by the terms herein and as provided in each Attachment.
Reg CC Mtg, June 6, 2023, Page 91 of 244
Quote ID: 1124457858
Proposal: 310571
Customer Provided
24300 Narbonne - 24300 NARBONNE AVE LOMITA, CA 90717-1131 000-000 (001) Qty Description Unit MRC Unit NRC Total MRC Total NRC
1 VMware Edge 640N - 3-Year Term
Supports up to [2000 Mb/s] of Maximum Throughput (defined as the aggregate of all traffic flows to and from a device – Up and Down Combined) Configurable LAN/WAN Ports: 6-Port GE, 2-Port SFP+
Maximum Tunnel Scale: 400
USB Ports (3G/4G): 2 (3.0)
$2,300.00 $0.00 FREE $0.00
1 VMware SD-WAN - Up to 200 Mb/s of In-Tunnel
Bandwidth (Up and Down Combined) - 3-Year Term
”Up and Down Combined” is the sum of the upload and download speeds of all In-Tunnel Traffic.
$280.00 $0.00 $280.00 $0.00
1 AireSpring Gateway Access - 200 Mb/s - Maximum
Licensed In-Tunnel Bandwidth (Up and Down
Combined) - 3-Year Term
Promotional Offer. Required for Access to AireSpring Gateways $90.00 $0.00 FREE $0.00
1 ENI (Edge Network Intelligence)
ENI by VMware provides performance and analytics metrics on equipment and network, allowing customers to troubleshoot deviations and anomalies. $5.00 $0.00 FREE $0.00
1 DDoS Mitigation for Airespring Gateway Access
DDoS Mitigation only provided on in-tunnel internet traffic traversing Airespring Gateway Access.
$500.00 $0.00 FREE $0.00
50 Cloud Business Phone System - Enterprise Seat - 3-
Year Term
Includes professional phone installation. Award winning, full featured, cloud phone system, plus our MaX UC mobile (iOS/Android) and desktop app (Mac and PC), allowing users to collaborate with clients using HD voice, video, and instant messaging. Features include phone twinning, visual voicemail, contact management, call management, local call recording, and multi-party call handling, plus a Dedicated internet Fax number, allowing users to send and receive faxes via email.
$16.00 $0.00 $800.00 $0.00
60 Virtual Numbers - 3 Year Term $0.83 $0.83 $50.00 $50.00 50 IP Phone - Yealink T46U - 3-Year Term
16-Line Gigabit IP Phone (Supports PoE - Does not include power adapter) $269.00 $0.00 FREE $0.00 1 Professional On-Site Installation $300.00 $0.00 FREE $0.00 1 IP Addresses - Gateway Access: 2 (Usable: 1) - MonthMonth Term FREE $0.00 FREE $0.00 1 AireNMS Network Monitoring Service
24/7 network monitoring and alerting for AireSpring provided routers and gateways.
$50.00 $0.00 FREE $0.00
1 AireCare Customer Portal
AireSpring’s 24/7 online billing, reporting, and service admin portal. $5.00 $0.00 FREE $0.00 50 Dedicated AireFAX Number
Send and receive faxes using email. $5.00 $0.00 FREE $0.00 Reg CC Mtg, June 6, 2023, Page 92 of 244
50 MaX UC Desktop
Softphone for Mac or PC featuring presence, video calls, voicemail, and more.
$5.00 $0.00 FREE $0.00
50 MaX UC Mobile
App for iOS and Android featuring presence, video calls, voicemail, and more.
$5.00 $0.00 FREE $0.00
1 Orchestrator Access $25.00 $0.00 FREE $0.00
Subtotal $1,130.00 $50.00
Qty Circuit | 3-Year Term Total MRC Total NRC
1 Customer Provided - Loop - AireSpring FREE $0.00
Location Total $1,130.00 $50.00
Usage Rates
Domestic Rates: 2.500¢ (usage bundles will be applied first) Free local calling and interoffice on-net calling.
Offshore rates: Click Here
AireSpring International rates: Click Here
24428 Eshelman - 24428 ESHELMAN AVE LOMITA, CA 90717-1230 000-000 (002) Reg CC Mtg, June 6, 2023, Page 93 of 244
Qty Description Unit MRC Unit NRC Total MRC Total NRC
1 VMware Edge 640N - 3-Year Term
Supports up to [2000 Mb/s] of Maximum Throughput (defined as the aggregate of all traffic flows to and from a device – Up and Down Combined) Configurable LAN/WAN Ports: 6-Port GE, 2-Port SFP+
Maximum Tunnel Scale: 400
USB Ports (3G/4G): 2 (3.0)
$2,300.00 $0.00 FREE $0.00
1 VMware SD-WAN - Up to 100 Mb/s of In-Tunnel
Bandwidth (Up and Down Combined) - 3-Year Term
”Up and Down Combined” is the sum of the upload and download speeds of all In-Tunnel Traffic.
$195.00 $0.00 $195.00 $0.00
1 AireSpring Gateway Access - 100 Mb/s - Maximum
Licensed In-Tunnel Bandwidth (Up and Down
Combined) - 3-Year Term
Promotional Offer. Required for Access to AireSpring Gateways $45.00 $0.00 FREE $0.00
1 ENI (Edge Network Intelligence)
ENI by VMware provides performance and analytics metrics on equipment and network, allowing customers to troubleshoot deviations and anomalies. $5.00 $0.00 FREE $0.00
1 DDoS Mitigation for Airespring Gateway Access
DDoS Mitigation only provided on in-tunnel internet traffic traversing Airespring Gateway Access.
$500.00 $0.00 FREE $0.00
1 IP Addresses - Gateway Access: 2 (Usable: 1) - MonthMonth Term FREE $0.00 FREE $0.00 1 AireNMS Network Monitoring Service
24/7 network monitoring and alerting for AireSpring provided routers and gateways.
$50.00 $0.00 FREE $0.00
1 AireCare Customer Portal
AireSpring’s 24/7 online billing, reporting, and service admin portal. $5.00 $0.00 FREE $0.00 1 Orchestrator Access $25.00 $0.00 FREE $0.00
Subtotal $195.00 $0.00
Qty Circuit | 3-Year Term Total MRC Total NRC
1 Customer Provided - Loop - AireSpring FREE $0.00
Location Total $195.00 $0.00
2137 250th - 2137 250TH ST LOMITA, CA 90717-2217 000-000 (003) Reg CC Mtg, June 6, 2023, Page 94 of 244
Qty Description Unit MRC Unit NRC Total MRC Total NRC
1 VMware Edge 640N - 3-Year Term
Supports up to [2000 Mb/s] of Maximum Throughput (defined as the aggregate of all traffic flows to and from a device – Up and Down Combined) Configurable LAN/WAN Ports: 6-Port GE, 2-Port SFP+
Maximum Tunnel Scale: 400
USB Ports (3G/4G): 2 (3.0)
$2,300.00 $0.00 FREE $0.00
1 VMware SD-WAN - Up to 100 Mb/s of In-Tunnel
Bandwidth (Up and Down Combined) - 3-Year Term
”Up and Down Combined” is the sum of the upload and download speeds of all In-Tunnel Traffic.
$195.00 $0.00 $195.00 $0.00
1 AireSpring Gateway Access - 100 Mb/s - Maximum
Licensed In-Tunnel Bandwidth (Up and Down
Combined) - 3-Year Term
Promotional Offer. Required for Access to AireSpring Gateways $45.00 $0.00 FREE $0.00
1 ENI (Edge Network Intelligence)
ENI by VMware provides performance and analytics metrics on equipment and network, allowing customers to troubleshoot deviations and anomalies. $5.00 $0.00 FREE $0.00
1 DDoS Mitigation for Airespring Gateway Access
DDoS Mitigation only provided on in-tunnel internet traffic traversing Airespring Gateway Access.
$500.00 $0.00 FREE $0.00
1 IP Addresses - Gateway Access: 2 (Usable: 1) - MonthMonth Term FREE $0.00 FREE $0.00 1 AireNMS Network Monitoring Service
24/7 network monitoring and alerting for AireSpring provided routers and gateways.
$50.00 $0.00 FREE $0.00
1 AireCare Customer Portal
AireSpring’s 24/7 online billing, reporting, and service admin portal. $5.00 $0.00 FREE $0.00 1 Orchestrator Access $25.00 $0.00 FREE $0.00
Subtotal $195.00 $0.00
Qty Circuit | 3-Year Term Total MRC Total NRC
1 Customer Provided - Loop - AireSpring FREE $0.00
Location Total $195.00 $0.00
26112 Cypress - 26112 CYPRESS ST LOMITA, CA 90717 310-257 (004) Reg CC Mtg, June 6, 2023, Page 95 of 244
Qty Description Unit MRC Unit NRC Total MRC Total NRC
1 VMware Edge 640N - 3-Year Term
Supports up to [2000 Mb/s] of Maximum Throughput (defined as the aggregate of all traffic flows to and from a device – Up and Down Combined) Configurable LAN/WAN Ports: 6-Port GE, 2-Port SFP+
Maximum Tunnel Scale: 400
USB Ports (3G/4G): 2 (3.0)
$2,300.00 $0.00 FREE $0.00
1 VMware SD-WAN - Up to 100 Mb/s of In-Tunnel
Bandwidth (Up and Down Combined) - 3-Year Term
”Up and Down Combined” is the sum of the upload and download speeds of all In-Tunnel Traffic.
$195.00 $0.00 $195.00 $0.00
1 AireSpring Gateway Access - 100 Mb/s - Maximum
Licensed In-Tunnel Bandwidth (Up and Down
Combined) - 3-Year Term
Promotional Offer. Required for Access to AireSpring Gateways $45.00 $0.00 FREE $0.00
1 ENI (Edge Network Intelligence)
ENI by VMware provides performance and analytics metrics on equipment and network, allowing customers to troubleshoot deviations and anomalies. $5.00 $0.00 FREE $0.00
1 DDoS Mitigation for Airespring Gateway Access
DDoS Mitigation only provided on in-tunnel internet traffic traversing Airespring Gateway Access.
$500.00 $0.00 FREE $0.00
1 IP Addresses - Gateway Access: 2 (Usable: 1) - MonthMonth Term FREE $0.00 FREE $0.00 1 AireNMS Network Monitoring Service
24/7 network monitoring and alerting for AireSpring provided routers and gateways.
$50.00 $0.00 FREE $0.00
1 AireCare Customer Portal
AireSpring’s 24/7 online billing, reporting, and service admin portal. $5.00 $0.00 FREE $0.00 1 Orchestrator Access $25.00 $0.00 FREE $0.00
Subtotal $195.00 $0.00
Qty Circuit | 3-Year Term Total MRC Total NRC
1 Customer Provided - Loop - AireSpring FREE $0.00
Location Total $195.00 $0.00
24373 Walnut - 24373 WALNUT ST LOMITA, CA 90717-1259 000-000 (005) Reg CC Mtg, June 6, 2023, Page 96 of 244
Qty Description Unit MRC Unit NRC Total MRC Total NRC
1 VMware Edge 640N - 3-Year Term
Supports up to [2000 Mb/s] of Maximum Throughput (defined as the aggregate of all traffic flows to and from a device – Up and Down Combined) Configurable LAN/WAN Ports: 6-Port GE, 2-Port SFP+
Maximum Tunnel Scale: 400
USB Ports (3G/4G): 2 (3.0)
$2,300.00 $0.00 FREE $0.00
1 VMware SD-WAN - Up to 100 Mb/s of In-Tunnel
Bandwidth (Up and Down Combined) - 3-Year Term
”Up and Down Combined” is the sum of the upload and download speeds of all In-Tunnel Traffic.
$195.00 $0.00 $195.00 $0.00
1 AireSpring Gateway Access - 100 Mb/s - Maximum
Licensed In-Tunnel Bandwidth (Up and Down
Combined) - 3-Year Term
Promotional Offer. Required for Access to AireSpring Gateways $45.00 $0.00 FREE $0.00
1 ENI (Edge Network Intelligence)
ENI by VMware provides performance and analytics metrics on equipment and network, allowing customers to troubleshoot deviations and anomalies. $5.00 $0.00 FREE $0.00
1 DDoS Mitigation for Airespring Gateway Access
DDoS Mitigation only provided on in-tunnel internet traffic traversing Airespring Gateway Access.
$500.00 $0.00 FREE $0.00
1 IP Addresses - Gateway Access: 2 (Usable: 1) - MonthMonth Term FREE $0.00 FREE $0.00 1 AireNMS Network Monitoring Service
24/7 network monitoring and alerting for AireSpring provided routers and gateways.
$50.00 $0.00 FREE $0.00
1 AireCare Customer Portal
AireSpring’s 24/7 online billing, reporting, and service admin portal. $5.00 $0.00 FREE $0.00 1 Orchestrator Access $25.00 $0.00 FREE $0.00
Subtotal $195.00 $0.00
Qty Circuit | 3-Year Term Total MRC Total NRC
1 Customer Provided - Loop - AireSpring FREE $0.00
Location Total $195.00 $0.00
All orders are subject to engineering, pricing and facilities verification.
Note: There is a $250 MRC minimum per account for all CPC orders.
Reg CC Mtg, June 6, 2023, Page 97 of 244
Total For All Locations
Monthly Fee: $1,910.00 One-Time Fee: $50.00
Reg CC Mtg, June 6, 2023, Page 98 of 244
SUMMARY TOTALS
*MRC/NRC Location Totals and Total for All Locations do not include any services or equipment not ordered, as well as Domestic / International / Offshore Usage (excluding bundles), Other Services / Features / Fees, LNP, Configuration and Training, Shipping, Expedite Fees, Demarc Extension Charges, or IP Addresses.
Charges do not include additional surcharges and government mandated taxes. A full list of current Airespring surcharges may be found at: https://airespring.com/regulatory-charges-and-surcharges/ Additional Services, Equipment, Features, and Fees are incorporated into this document by reference:http://additionalterms.airespring.com/AdditionalFees.pdf
TERMS AND USAGE AGREEMENT
The terms of this Agreement will be for the period(s) listed in the upper section of this MSOA depending on the services ordered, or if no period is listed on the order form for a particular service, for that service the term of the Circuit associated with that service will apply. The start of billing for a Service begins on the Start of Service Date. The Start of Service Date shall be the earlier of i) the Customer's first use of the Service, ii) the date Customer is notified that the Service is active / available, iii) five (5) business days after Circuit Ready Date, (for orders providing an access/circuit loop), iv) five (5) business days after the start of a "Customer Delay of Installation", or v) thirty (30) days after AireSpring ships equipment for locations outside the United States to Customer; regardless of a) whether all Services have been turned up at this or other locations, b) Customer readiness, c) Customer's non-use of Service, d) Customer desire to coordinate the timing of the turn-up or turn-down of other services at this or other sites, or e) failure to meet Customer-requested due date. "Circuit Ready Date" is the date the Customer's circuit is active, as notified by AireSpring. "Customer Delay of Installation" is defined as an occurrence of Customer directly or indirectly delaying or impeding AireSpring or AireSpring's underlying provider for any reason from installing and/or testing Customer's access circuit / loop or Service. Customer indirectly delays AireSpring or AireSpring's underlying provider if the Customer site is not ready to accept Services, or if the Customer's employees, contractors, supplies, vendors, agents, assigns, property owner, property manager, or landlord does not allow, blocks, or delays AireSpring or AireSpring's underlying provider from installing or testing the access circuit / loop or Service. Customer networking issues, whether the result of improper network design, equipment issues, or incorrect information supplied to AireSpring by or on behalf of the Customer, shall not relieve the Customer of the obligation to pay for the Service, including circuit charges, beginning on the Start of Service Date. In the event Customer places an order on hold or delays or impedes AireSpring from expeditiously submitting Customer’s order to underlying provider, Customer pricing may change as notified by AireSpring. Orders placed on hold may require customer approval to proceed with implementation. Upon completion of any initial or any renewal term commitment, or if no term is specified above, for all non-SD-WAN services this Agreement shall automatically renew for successive one-year terms. For SD-WAN services, this Agreement shall automatically renew for successive one-year terms, and in no event shall the renewal term for SD-WAN services be less than one year. Customer contracts to pay the Monthly Recurring Charges (“MRCs”) as listed above for the terms of this Agreement, or $250 per account, whichever is greater. By signing this Agreement, Customer agrees to pay all applicable service, circuit port, loop and equipment MRC charges in advance, and any usage/overage charges in arrears. Customer’s first bill shall include pro-ration of first month’s service, as well as any Non-Recurring Charges (“NRCs”). In the event Customer terminates this Agreement after the Start of Service Date but prior to the end of the applicable terms, Customer shall pay to AireSpring on demand, as liquidated damages and not as a penalty, an Early Termination Liability charge ("ETL") equal to the sum of i) one hundred percent (100%) of the MRCs for all of the months remaining in any applicable term for all International services, ii) one hundred percent (100%) of the MRCs for domestic loop/circuit charges for all of the months remaining in any applicable term, iii) one hundred percent (100%) of MRCs for all other domestic charges for the remaining months in the initial twelve months of the term, iv) eighty percent (80%) of the MRCs for all other domestic charges for the remaining months in months 13 - 24 of the term, and v) seventy percent (70%) of the remaining MRCs for all other domestic charges for the remaining months in the term, namely month 25 and after. With respect to Customer terminating the Agreement after the submission of paperwork to the underlying carrier but prior to the Start of Service Date, the ETL will be equivalent to Customer terminating during the initial twelve (12) months as described above. In the event Customer terminates this Agreement prior to the submission of paperwork to the underlying provider Customer shall be subject to the following fees: $1000 per DS-1/EOC/Broadband circuit or $3000 per Fast-E or similar circuit. For services ordered with Customer Provided Connectivity or where no circuit is provided by AireSpring for such services, Customer shall pay a cancellation fee of $750 per location if Customer cancels all or a portion of the order prior to Start of Service. For Wireless services, in the event Customer terminates any service plan prior to the Start of Service Date and/or shipment of any devices/equipment to Customer then, if Customer has signed for a term greater than month to month, Customer shall be subject to a cancellation fee which shall be equal to three (3) months of service plan charges; otherwise the cancellation fee shall be equal to one (1) month of service plan charges. If Customer chooses to purchase a wireless router/device from AireSpring, a management fee of $10.00 MRC per device will be required for 12 months; if Customer cancels service prior to completion of 12 months, then Customer will be charged the prorated balance. Additionally, a 20% restocking fee of the undiscounted, retail price of AireSpring provided devices shall apply and be paid by Customer for all equipment returned unopened to AireSpring and in original packaging within 30 days of shipment to Customer and prior to Start of Service. Equipment that has been opened or used may not be returned, and will be billed at the full undiscounted, retail price in the event Customer cancels service prior to Start of Service. AireSpring managed routers, Wireless routers/devices, SD-WAN equipment, Firewall equipment, and/or any other devices/equipment, are pre-configured and sent to Customer to be self-installed; if Customer requests a professional installation AireSpring will charge Customer an installation fee of $1000. All local loop circuit install charges are quoted with install to the Local Exchange Carrier assigned building demarcation point (Demarc). AireSpring will pass through any costs associated with extending wiring beyond the Demarc. In conjunction with the services ordered, AireSpring may provide Customer with Customer Premises Equipment (CPE) on a rental or included basis. If service is terminated for any reason, Customer must return all AireSpring and underlying carrier provided equipment within 30 days of termination, or Customer will be billed for the full new cost of the equipment. It is not necessary to return equipment purchased by Customer. AireSpring does not bill VAT on its invoice. A VAT invoice and/or VAT Identification Number will not be provided.
FOR ALL LOCAL VOICE SERVICES (non LD SIP TRUNKING)
AireSpring will provide all long distance and local services. No other long distance and local providers may be used with this service. Rating of outbound calls as Local applies only to calls that utilize telephone numbers (DIDs) assigned by AireSpring or that have been ported to AireSpring’s service as the originating ANI, and are displayed accordingly in the Caller ID field. The International Rate Plan Number above refers to a set of country specific rates defining costs to each international dialed location. Customer requests to block international calling does not relieve Customer from liability for all completed calls made utilizing Customer’s equipment, whether authorized or unauthorized. AireSpring’s fair use policy (“Fair Use Policy”) as set forth below and in the Master Service Agreement is designed to prevent abuse, fraud or unreasonable exploitation of AireSpring’s unlimited local, long distance, and SMS service plans and unreasonable overutilization of AireSpring’s facilities. AireSpring’s unlimited calling plans, which include both long distance and local, as well as SMS “unlimited calling plans” are intended solely for normal commercial use. AireSpring’s unlimited calling plans are designed only for continuous live dialog between two individuals. Unusual calling patterns, excessive called numbers and/or consistent excessive usage will each be considered an indicator that usage is exceeding normal standards. AireSpring’s unlimited calling plans may not be used for autodialing, continuous, or extensive call forwarding, excessive conferencing, inbound/outbound centralized or distributed call center activity, inbound/outbound customer service, telemarketing (including charitable or political solicitation or polling), fax or voicemail blasting, or for continuous or extensive chat line access, or as an open telephone line as a monitor, intercom or transcription service. AireSpring’s Unlimited MaX SMS product likewise may not be used for excessive texting. See AireSpring’s Master Service Agreement for a complete list of prohibited uses. AireSpring has other plans applicable for such applications and businesses. It will be considered outside of AireSpring’s Fair Use Policy on an unlimited calling plan for a Customer to exceed more than one-thousand (1,000) inbound, outbound or toll free local or long distance minutes or text messages per month per subscriber line, SIP trunk, hosted seat, PRI/T-1 trunk/DS0 or analog line, etc., in aggregate (“Normal Usage”). For unlimited calling plans, AireSpring shall apply a surcharge of up to $0.04 per minute or text message of use to the number of minutes or text messages by which Customer’s usage exceeds this normal usage.
All services provided to Customer by AireSpring are governed by the terms of a Master Service Agreement, which may be found at https://airespring.com/service-terms/ and AireSpring’s Acceptable Use Policy, which may be found at https://airespring.com/service-terms/acceptable-use-policy-aup/, both of which are incorporated into this Agreement by this reference. This Agreement represents the entire agreement between the Parties and supersedes and merges all prior offers, agreements, promises, understandings, statements, representations, warranties, indemnities and inducements to the making of this Agreement relied upon by either Party, whether written or oral, between or among Customer and AireSpring as well as AireSpring’s agents, employees, and/or sales persons. This Agreement is voidable by AireSpring if the text is modified without the written or initialed consent of an AireSpring Officer. Except as may otherwise be provided herein, any amendments or modifications to this Agreement must be in writing and signed by an AireSpring Officer. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Customer hereby irrevocably submits to the personal jurisdiction of and consents to venue exclusively in any state or federal court sitting in the State of California, County of Los Angeles, in any suit, action, or proceeding arising out of or relating to this Agreement. Customer hereby irrevocably waives, to the fullest extent permitted by applicable law, any objection which such party may raise now, or hereafter have, to the laying of the venue of any such suit, action or proceeding brought in such court and any claim that any such suit, action or proceeding brought in such a court has been brought in an inconvenient forum. Customer hereby expressly waives the right to a trial by jury in any action or proceeding brought against customer relating to this agreement. Upon completion of any initial or renewal term commitment, (or in the event of a move, upgrade, downgrade, or change of underlying carrier,) any disconnection request by customer must be provided in writing 45 days prior to the requested disconnection date and customer will continue to be billed until after the disconnection is completed, or 45 days after disconnection notice, whichever is greater. Customer agrees that AireSpring may request credit information from third parties and authorizes the release of such information from the customer’s financial institution as part of this application for credit.
Additional Terms and Conditions are incorporated herein by reference: http://additionalterms.airespring.com/AdditionalTerms.pdf Reg CC Mtg, June 6, 2023, Page 99 of 244
INSTALL TIMEFRAMES AND EXPEDITES
Domestic circuits:
Customer understands and accepts the following estimated installation timeframes:
90 days for services which utilize a Fast-E circuit, 120 days for services which utilize a Gig-E circuit, 30 days for services which utilize a broadband, wireless or satellite circuit, or 60 days for services which utilize all other circuit types. Actual installation timelines vary by underlying carrier and loop provider and are dependent on multiple factors, including construction requirements, availability of facilities and other variables.
International circuits:
Customer understands and accepts that installation timelines vary by underlying carrier and loop provider and are dependent on multiple factors, including construction requirements, availability of facilities and other variables.
Expedites:
Paid Expedites: Customer may request an expedite for an additional fee. All expedites must be approved by Airespring.
NOTE: Airespring cannot ever guarantee any installation timeframes including paid expedites.
INVOICING
Please note: $5 monthly fee per invoice will be charged unless paperless billing is requested. If requested, paperless billing will apply to all customer accounts.
*Paperless Billing: Yes No *Email Address (must be provided for Paperless Billing):
NOTES
In the event customer changes a scheduled due date less than six business days from the due date, customer will be assessed a rescheduling fee. Please be advised that changes to a scheduled due date can impact service delivery timelines.
SD-WAN
High Availability Edge devices include both the primary edge and a hot stand-by edge (2 devices).
For Cisco Meraki and Fortinet: SD-WAN service reconfiguration and/or upgrade fee: $400. Applies if firewall added to SD-WAN service after the initial start of service. AireSpring will configure firewall using standard settings. Customer can request firewall changes during AireSpring’s normal business hours, up to 4 firewall change requests per month for free, and $150 for each additional firewall change request.
At the end of the initial or any renewal term if Customer does not renew the service prior to the end of the term, the service will cease to operate. *Ground Shipping & Handling: ICB - (Expedited Shipping Additional) For VMWare: If Licensed bandwidth is exceeded, AireSpring may upgrade the License to match actual usage.
CLOUD COMMUNICATION SERVICES: CLOUD BUSINESS PHONE SYSTEM Toll Free Numbers (above 50)
MRC per Number NRC per Number
$0.50 $1.00
Includes 2 Hours of Remote Configuration and Training, which should be sufficient for Standard Configurations.
Custom Configurations may take longer than the included 2 hours (Examples: Custom Auto-Attendant, Music on Hold, Multi-line Hunt Groups, Etc.) Configurations and Training exceeding the included 2 hours will be billed at $150 per hour Alarm Lines, Modem Lines, DSL Lines, Credit Card Processing and Elevator Lines are not supported on AireSpring’s Voice Network. Customer should utilize alternative network options for such nonsupported lines and for completion of inbound and outbound fax calls. Customer is required to identify in advance all such non-supported lines (fax, alarm, etc.) that will utilize AireSpring service.
Faxing: General, standard use faxing is supported; however VOIP (Voice over IP) services are not designed to support extremely heavy fax applications such as: fax blasting, fax aggregation systems, continuous and consistent high volumes of faxing, or a high volume of long faxes over 10 pages. Optimal results are achieved by connecting fax lines directly to an FXS analog port on AireSpring provided equipment. Customer may be required to make adjustments to internal wiring to connect faxes to FXS ports.
The NPA-NXX listed by location in this MSOA determines Local Number availability and portability.
If Professional Install is included with seat, all Airespring provided phones will be installed by Airespring at the Customer's site (Customer Provided Equipment will not be installed by Airespring). Only applicable for New Orders.
Professional Install is not included for Add-On Seats for Existing Customers Accounts/Locations. Professional Install can be purchased for an additional fee for Add-On Seats.
AIRESPRING SUPPLIED IP PHONES
• AirePBX is only supported with Airespring supplied equipment. • 3-year discounted phones may not exceed the number of 3-year seats selected. • Customer may only order phones of the same brand (does not apply to conference phones) • Unless indicated, phones do not include a power supply.
SALES TAX and OTHER SURCHARGES will be BILLED UPFRONT on any free phones.
S&H CHARGES
(Applies to All Phones)
# Of Phones Ground Shipping Additional Charges for
Expedited Shipping 1 to 3 $30.00
Above 3 $10 per phone
*Airespring Warranty (Applicable to all rentals) – Device warranty is extended for the period of the customer’s contract and is subject to AireSpring’s terms and conditions. *Manufacturer Warranty (Applicable to all purchases) – Device warranty is covered under the manufacturer’s warranty period and is subject to AireSpring’s terms and conditions. *PURCHASE with 3 YEAR CONTRACT – Special offer only available for new service. Add-on service requires extension of all services under contract for 3 years from date of add-on. *Sales Tax based on the Full Retail Purchase Price will apply.
Reg CC Mtg, June 6, 2023, Page 100 of 244
IP ADDRESS INFORMATION
All IP addresses are subject to approval from the underlying provider based on an IP Address Justification Form completed by customer. All prices MRC unless otherwise noted.
CIDR /31 /29 /28 /27 /26 /25 /24 /23+
Public IPs 2 8 16 32 64 128 256 512+
Useable IPs 1 5 13 29 61 125 253 509+
AireSpring IP Free $20 $35 $55 $100 $200 $250 N/A
AireSpring–N Free $20 $35 $70 $150 $250 ICB ICB
Altice (Cable) Free $50 ICB ICB ICB ICB ICB ICB
Altice (Fiber) Free $35 $50 $65 $75 $150 $300 ICB
AT&T (Fiber) N/A Free $112 $224 $448 $896 $1,792 $3,584 AT&T (ABF/DSL) Free Free $20 ICB ICB ICB ICB ICB
Comcast (Fiber) Free $25 $30 $50 $75 $100 $200 ICB
Comcast (Cable) Free $15 $35 ICB ICB ICB ICB ICB
Cox (Cable) Free $15 $25 $50 N/A N/A N/A N/A
Crown Castle Free $24 $48 $96 $192 $384 $768 ICB
Frontier (DSL) Free $14 $35 $56 N/A N/A N/A N/A
Frontier (FiOS) Free $14 $35 $56 $84 $133 N/A N/A
GCAP/Megapath Free $5 $10 $15 $20 $25 $50 ICB
Mediacom Free $19 $28 N/A N/A N/A N/A N/A
Spectrum (Fiber) Free $35 $50 $80 $100 $150 $200 ICB
Spectrum (Cable) Free $30 $40 $60 N/A N/A N/A N/A
Verizon (FTTI) Free $14 $35 $56 $84 $133 ICB ICB
Windstream Free $20 $32 $56 $96 $160 ICB ICB
WOW Fiber Free $18 $33 $60 $120 ICB ICB ICB
Zayo Free Free $60 $120 $240 $486 $961 ICB
Orders of up to 256 IP Addresses from Lumen/Level3 Fiber, Cox, FairPoint, Verizon Fiber/IE, Frontier Fiber, and Ziply Fiber are free. Orders of more than 256 IP Addresses are ICB.
ViaSat: A persistent IP address is similar to a static IP address in that it is uniquely assigned to each device and is publicly addressable. ViaSat dynamically assigns up to three (3) free persistent IP addresses with each service. *If Customer is using Airespring CPE one usable IP address must be assigned to this CPE.
LOCAL SERVICE 911/E-911 INFORMATION
IMPORTANT: AIRESPRING WILL IDENTIFY EACH NUMBER(S) ASSOCIATED WITH EACH LOCATION AS BEING LOCATED AT THE PHYSICAL ADDRESS LISTED BY LOCATION ON THIS MSOA FOR PURPOSES OF PROVIDING 911 LOCATION INFORMATION.
If there are any remote/offsite users or extensions so that additional 911 addresses are needed, a supplementary 911 form is required. 911 NOTICE – USE OF CUSTOMER INFORMATION
CUSTOMER ACKNOWLEDGES AND AGREES THAT AIRESPRING’S SERVICE IS INTERNET BASED AND THAT 911 SERVICES ARE DIFFERENT THAN THAT OF TRADITIONAL WIRELINE SERVICE. FOR BASIC 911 OR E911 TO BE ACCURATELY ROUTED TO THE APPROPRIATE EMERGENCY RESPONDER, THE CUSTOMER MUST PROVIDE THE TELEPHONE NUMBER ASSOCIATED WITH SERVICE FOR THE REGISTERED ADDRESS, IN THE PHYSICAL LOCATION SECTION OF THE LOCAL SERVICE 911/911E INFORMATION SHEET. CUSTOMER ACKNOWLEDGES THAT THE SIP TRUNK SERVICE MAY NOT SUPPORT BASIC 911 OR E911 DIALING IN THE SAME MANNER AS TRADITIONAL WIRELINE PHONE SERVICE. CUSTOMER AGREES TO INFORM OF THE POTENTIAL COMPLICATIONS ARISING FROM BASIC 911 OR E911 DIALING. SPECIFICALLY, CUSTOMER ACKNOWLEDGES AND AGREES TO INFORM ALL EMPLOYEES, GUESTS, AND OTHER THIRD PERSONS WHO MAY USE THE SERVICE THAT BASIC 911 AND E911 SERVICES WILL NOT FUNCTION IN THE CASE OF A SERVICE FAILURE FOR ANY OF THE FOLLOWING REASONS: (A) POWER FAILURES, (B) NETWORK CONGESTION OR SIGNIFICANT DEGRADATION OF CUSTOMER’S INTERNET ACCESS OR OTHER TYPES OF ACCESS SERVICE; (C) SUSPENDED OR TERMINATED BROADBAND SERVICE, (D) SUSPENSION OF SERVICES DUE TO BILLING ISSUES, AND/OR (E) ANY OTHER SERVICE OUTAGES NOT DESCRIBED HEREIN. AIRESPRING STRONGLY RECOMMENDS CUSTOMER AT ALL TIMES MAINTAINS AN ALTERNATIVE METHOD FOR PLACING EMERGENCY CALLS. CUSTOMER FURTHER ACKNOWLEDGES THAT FAILURE TO PROVIDE A CORRECT PHYSICAL ADDRESS IN THE REQUISITE FORMAT MAY CAUSE ALL BASIC 911 OR E911 CALLS TO BE ROUTED TO THE INCORRECT LOCAL EMERGENCY SERVICE PROVIDER. FURTHERMORE, CUSTOMER RECOGNIZES THAT USE OF THE SERVICE FROM A LOCATION OTHER THAN THE LOCATION TO WHICH THE SERVICE WAS ORDERED, I.E., THE “REGISTERED ADDRESS,” MAY RESULT IN BASIC 911 OR E911 CALLS BEING ROUTED TO THE INCORRECT LOCAL EMERGENCY SERVICE PROVIDER. FOR THE EMERGENCY CENTER, KNOWN AS THE PUBLIC SERVICE ANSWERING POINT (“PSAP”), TO RECEIVE THE CUSTOMER’S CORRECT 911 ADDRESS INFORMATION, CUSTOMER MUST ROUTE THEIR 911 CALLS TO AIRESPRING USING DIDS WHICH ARE ASSIGNED BY AIRESPRING OR PORTED TO AIRESPRING AND SET UP BY AIRESPRING AS 911- ENABLED. IF CUSTOMER ROUTES 911 CALLS USING AIRESPRING 911-ENABLED DIDS TO ANOTHER PHONE COMPANY, THEN I) THE PSAP MAY NOT RECEIVE THE PROPER ADDRESS, AND II) THAT OTHER PHONE COMPANY MAY CHARGE CUSTOMER FOR SUCH CALL. ADDITIONALLY, 911 CALLS MUST BE ROUTED OVER A LOCAL TRUNK GROUP, NOT A LONG DISTANCE TRUNK GROUP TO AVOID CALL FAILURE. CUSTOMER MUST HAVE AT LEAST ONE 911-ENABLED AIRESPRING DID FOR EACH LOCATION, WITH THAT LOCATION’S CORRECT ADDRESS POPULATED IN AIRESPRING’S 911 DATABASE, FOR 911 DATABASE SERVICES TO OPERATE PROPERLY FOR DIDS UTILIZED AT THAT LOCATION. CUSTOMER ACKNOWLEDGES AND
AGREES THAT AIRESPRING, ITS UNDERLYING CARRIERS, OR ANY OTHER THIRD PARTIES INVOLVED IN THE ROUTING, HANDLING, DELIVERY, OR ANSWERING OF EMERGENCY
SERVICES OR IN RESPONDING TO EMERGENCY CALLS, NOR THEIR OFFICERS OR EMPLOYEES, MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, LOSS, FINE, PENALTY OR COST (INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES) AND CUSTOMER HEREBY WAIVES ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATING TO THE PROVISION OF ALL TYPES OF EMERGENCY SERVICES TO CUSTOMER. CUSTOMER FURTHER AGREES AND ACKNOWLEDGES THAT IT IS INDEMNIFYING AND HOLDING HARMLESS AIRESPRING FROM ANY CLAIM OR ACTION FOR ANY CALLER PLACING SUCH A CALL WITHOUT REGARD TO WHETHER THE CALLER IS AN EMPLOYEE OF THE CUSTOMER. CUSTOMER ACKNOWLEDGES AND AGREES TO HOLD HARMLESS AND INDEMNIFY AIRESPRING FROM ANY CLAIM OR ACTION ARISING OUT OF MISROUTES OFANY 911 CALLS, OR WHETHER LOCAL EMERGENCY RESPONSE CENTERS OR NATIONAL EMERGENCY CALLING CENTERS ANSWER A 911 CALL OR HOW THE 911 CALLS ARE HANDLED BY ANY EMERGENCY OPERATOR INCLUDING OPERATORS OF THE NATIONAL CALL CENTER. THE LIMITATIONS APPLY TO ALL CLAIMS REGARDLESS OF WHETHER THEY ARE BASED ON BREACH OF CONTRACT, BREACH OF WARRANT, PRODUCT LIABILITY, TORT AND ANY OTHER THEORIES OF LIABILITY. END USERS WHO SUBSCRIBE TO 911 OR E911 SERVICE WILL BE REQUIRED TO REGISTER THE
PHYSICAL LOCATION OF THEIR EQUIPMENT (IP PHONE, SOFTPHONE, DIGITAL TELEPHONE ADAPTER OR VIDEOPHONE) WITH AIRESPRING AND AGREE TO CALL AIRESPRING CUSTOMER SERVICE TO UPDATE THE LOCATION WHENEVER THE PHYSICAL LOCATION OF SERVICE FOR A PARTICULAR TELEPHONE NUMBER CHANGES. SOME CUSTOMERS WILL HAVE THE ABILITY TO DIRECTLY UPDATE THEIR OWN E911 LOCATION VIA AN ONLINE PORTAL. CUSTOMER IS SOLELY RESPONSIBLE FOR SETTING THE E911 LOCATION ACCURATELY TO THE CORRECT PHYSICAL LOCATION OF CUSTOMER’S EQUIPMENT (DESK PHONE, SOFTPHONE, VIDEOPHONE OR MOBILE PHONE) WITH AIRESPRING. FOR USERS OF THE AIRESPRING KEY SYSTEM TELEPHONES: TO PRESERVE THE ABILITY OF 911 OR E911 PUBLIC SAFETY PSAP PERSONNEL TO RESPOND PROPERLY, CUSTOMER / END USERS OF THE KEY SYSTEM
CANNOT MOVE THEIR KEY SYSTEM PHONE TO ANOTHER STREET ADDRESS DIFFERENT FROM THE STREET ADDRESS ASSOCIATED WITH THE REGISTERED ADDRESS FOR SUCH CUSTOMER / END USER. CUSTOMER IS STRONGLY ADVISED TO AVOID USING INTERNAL EXTENSIONS THAT START WITH THE NUMBERS “9” or “1” BECAUSE SUCH EXTENSIONS COULD BLOCK THE ABILITY TO REACH EMERGENCY SERVICE NUMBERS LIKE 911, 112, ETC, OR CAUSE THEM TO BE FALSELY DIALED. AVAILABILITY OF 911 AND E911 SERVICES IS LIMITED TO THE FIFTY UNITED STATES OF AMERICA.
Please note – Letter of Agency (LOA) is required if Porting Local Numbers and should be submitted with a copy of a recent phone bill from your local provider Reg CC Mtg, June 6, 2023, Page 101 of 244
AIRESPRING CREDIT APPLICATION
Required if Customer does not have an existing Airespring account
CONTACT & ACCOUNT INFORMATION
*CUSTOMER NAME: City of Lomita Billing Account Name (if different):
*SERVICE ADDRESS: [Address] Billing Address (if different):
*CITY: [City] *STATE:
[State] *ZIP: [ZIP] City: State: ZIP:
*SERVICE CONTACT/TITLE: Billing Address Contact:
*PHONE: FAX: Phone: FAX:
*CONTACT E-MAIL – IMPORTANT
(FOR CONTACT PURPOSES ONLY):
Contact Email -- Important
(For Contact Purposes Only):
Please Bill: Each Location separately: Main/HQ Corporate Location:
*FULL LEGAL NAME (PER CORPORATE CHARTER OR DBA):
* CORPORATION * GENERAL PARTNERSHIP * LIMITED PARTNERSHIP * LIMITED LIABILITY COMPANY * SOLE PROPRIETORSHIP * NONPROFIT ORGANIZATION * HOME BUSINESS * OTHER:
*INCORPORATION DATE: /
STATE/COUNTRY: *CURRENT SERVICE PROVIDER:
*TYPE OF BUSINESS: *YEARS IN BUSINESS:
*WILL THE SERVICE PROVIDED BY AIRESPRING BE USED FOR WHOLESALE OR RESALE PURPOSES? YES NO If non-US company, Tax Identification Number: Corporate Number (if applicable):
Is Company under the ownership or control of another company? (If Yes, provide additional details) Within the last 3 years has company been under any investigation from the United States federal government or state government / agency in the United States concerning telephone or Internet traffic? If so, then please provide the date, details, and disposition of such investigation.
Is your company/organization tax exempt?
If yes, attach Airespring Tax Exemption Form (obtain from your Airespring Agent) Yes No
CREDIT INFORMATION
*1. OWNER/PARTNER NAME: Social Security # (not FEIN): - -
2. Owner/Partner Name: Social Security # (not FEIN): - - Dun & Bradstreet Number:
BANK INFORMATION
*BANK NAME: *BANK PHONE NUMBER:
*BANK ACCOUNT NUMBER: *BANK CONTACT NAME:
INTERNATIONAL USAGE
*OPEN INTERNATIONAL TRAFFIC TO 011 DESTINATIONS? YES NO *ESTIMATED % OF INTERNATIONAL TRAFFIC: % ALL ITEMS BOLD AND MARKED WITH AN ASTERISK (*) ARE MANDATORY.
CERTIFICATION & AUTHORIZATION
I certify that all the information contained in this application and any attachments are true and correct. Service is provided under Airespring General Terms and conditions. (Please visit https://airespring.com/service-terms/ for a complete and updated description of the terms of service.)
I AGREE THAT AIRESPRING MAY REQUEST CREDIT INFORMATION FROM THIRD PARTIES AND I AUTHORIZE THE RELEASE OF SUCH INFORMATION FROM THE CUSTOMER’S FINANCIAL INSTITUTION AS PART OF THIS APPLICATION FOR AIRESPRING CREDIT. *Signature of Applicant: *Printed Name of Applicant:
*Date: / / *Title of Applicant:
CUSTOMER:
By: ________________________________
Reg CC Mtg, June 6, 2023, Page 102 of 244
____________________________________
(Typed or Printed Name)
____________________________________
(Title)
____________________________________
(Date)
Reg CC Mtg, June 6, 2023, Page 103 of 244
TO: City Council
FROM: Ryan Smoot, City Manager
PREPARED BY: Janpier Adamzadeh, Management Assistant
MEETING DATE: June 6, 2023
SUBJECT: Consideration of a First Amendment to the Agreement with Elio Palacios for Hearing Officer Services to Extend the Term and Increase the Compensation Accordingly
RECOMMENDATION
Approve the first amendment to the agreement and authorize the City Manager to execute.
BACKGROUND
On August 15, 2022, the City Council approved an agreement in the 2022-2023 Fiscal Year of an amount not to exceed $5,000 for hearing officer services with Elio Palacios.
With the hiring of a full-time Code Enforcement Officer II, the need for a hearing officer has proven necessary to address outstanding violations with health and safety implications. City staff expects a continued need for these services and anticipates services to not exceed $5,000 per fiscal year by the end of Fiscal Year 2024-2025.
Appellants are required to pay a fee to cover the cost of each hearing which would offset some cost.
The attached amendment, if approved by the City Council, would extend the agreement through June 30, 2025, and increase the not-to-exceed amount of the contract to allow for two full years of services, but make no other amendments to the scope of the agreement.
OPTIONS
1. Authorize execution of the First Amendment; or
2. Provide staff further direction.
CITY OF LOMITA
CITY COUNCIL REPORT
Item No. 7i
Reg CC Mtg, June 6, 2023, Page 104 of 244
FISCAL IMPACT
The existing agreement approved a total not to exceed $5,000. The agreement’s draft amendment under consideration would continue in the same manner, at $5,000 per fiscal year for the next two fiscal years. Therefore, the amendment adds a total not to exceed $10,000, bringing the total not-to-exceed amount of the updated agreement to $15,000.
Approval of the draft agreement generates an additional total not to exceed $10,000, which is covered by appeal fees prescribed by the fee schedule.
ATTACHMENTS
1. Agreement with Elio Palacios 2022-38
2. First Amendment with Elio Palacios
Reviewed by: Approved by:
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Reviewed by: Prepared by:
Brianna Rindge Janpier Adamzadeh
Director of Community & Economic Development Management Assistant Reg CC Mtg, June 6, 2023, Page 105 of 244
This AGREEMENT for a hearing officer is entered into this 15th day of August 2022 between the CITY OF LOMITA, a general law city and municipal corporation (“CITY”) and ELIO PALACIOS , an individual (“CONSULTANT”).
R E C I T A L S
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 an independent hearing officer.
C. CONSULTANT warrants to CITY that he has the skills, training and expertise to perform properly and timely independent hearing officer services under this Agreement.
D. CITY desires to contract with CONSULTANT to perform the services as described below and 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 $5000, 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, 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 Agree No 2022-38
DocuSign Envelope ID: 9D849254-5F51-4BA4-9B9E-43131A766A1A Attachment No 1
Reg CC Mtg, June 6, 2023, Page 106 of 244
CONSULTANT'S bill within 30 days after it is received.
2. SCOPE OF SERVICES; PERFORMANCE STANDARD.
A. CONSULTANT will serve as an administrative hearing officer for administrative hearings needed by the CITY for the term of this Agreement, as described in more detail 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. All hearings conducted by CONSULTANT must conform with all applicable laws, including but not limited to, Lomita Municipal Code Title I, Chapter 5 regarding administrative hearings. All decisions of the CONSULTANT must be issued in writing and must contain findings of fact and conclusion(s) of law. Decisions must be rendered within the time limits required by applicable laws.
B. CONSULTANT will serve as a non-exclusive administrative hearing officer and CITY will be free to contract for similar services to be performed by other independent contractors.
C. 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
D. As required by state law, CONSULTANT will demonstrate those qualifications, training, and objectivity necessary to conduct a fair and impartial review.
CONSULTANT shall be separate and independent from the CITY’s citation, collection and processing function. CONSULTANT has indicated to the CITY that he meets these standards.
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.
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6. KEY PERSONNEL. CONSULTANT’s key person assigned to perform work under this Agreement is Elio Palacios 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 June 30, 2023 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 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.
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 at any time with or without cause.
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.
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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. Each party agrees to indemnify, defend with counsel approved by CITY, and hold harmless the other party, 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 the party's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, regardless of the indemnifying party’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the indemnified party. Should the indemnified party in its sole discretion find the indemnifying party’s legal counsel unacceptable, then the indemnifying party shall reimburse the indemnified party its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The indemnifying party shall promptly pay any final judgment rendered against the indemnified party (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.
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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 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 has represented to CITY that he does not have any employee and therefore this sub-section does not apply.
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.
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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-peroccurrence basis. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.
B. Endorsements. Each general liability, automobile liability and professional liability insurance policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California, or which is approved in writing by CITY, and shall be endorsed as follows.
CONSULTANT also agrees to require all 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’ DocuSign Envelope ID: 9D849254-5F51-4BA4-9B9E-43131A766A1A Reg CC Mtg, June 6, 2023, Page 111 of 244
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 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 DocuSign Envelope ID: 9D849254-5F51-4BA4-9B9E-43131A766A1A Reg CC Mtg, June 6, 2023, Page 112 of 244
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 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
Palacios Law Office
7121 Magnolia Avenue
Riverside, CA 92513
ATTN: Elio Palacios
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.
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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 in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
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.
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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.
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 assuming-office, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the CITY’S Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to CONSULTANT commencing services hereunder, the City’s Manager shall prepare and deliver to CONSULTANT a memorandum detailing the extent of CONSULTANT’S disclosure obligations in accordance with the CITY’S Conflict of Interest Code.
City Initials ______
CONSULTANT Initials ______
OR
By their initials next to this paragraph, CITY and CONSULTANT hereby acknowledge that CONSULTANT is not a “CONSULTANT” for the purpose of the California Political Reform Act because CONSULTANT’S duties and responsibilities are not within the scope of the definition of CONSULTANT in Fair Political Practice Commission DocuSign Envelope ID: 9D849254-5F51-4BA4-9B9E-43131A766A1A Reg CC Mtg, June 6, 2023, Page 115 of 244
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.
CITY OF LOMITA CONSULTANT
Ryan Smoot, City Manager By: Elio Palacios, Administrative Hearing Officer ATTEST:
Kathleen Horn Gregory, City Clerk Taxpayer ID No.
APPROVED AS TO FORM:
Trevor Rusin, City Attorney
DocuSign Envelope ID: 9D849254-5F51-4BA4-9B9E-43131A766A1A 26-4011542
Reg CC Mtg, June 6, 2023, Page 116 of 244
Exhibit A
Scope of Services
Hearing Office Services
DocuSign Envelope ID: 9D849254-5F51-4BA4-9B9E-43131A766A1A Reg CC Mtg, June 6, 2023, Page 117 of 244
PALACIOS LAW OFFICE
7121 Magnolia Avenue
Riverside, California 92504
Mailing Address: P.O. Box 7282
Riverside, California 92513
[email protected]
Telephone
(951) 710-6139
Fax
(951) 489-0600
July 19, 2022
VIA EMAIL ONLY [[email protected]]
Janpier Adamzadeh
Management Assistant
CITY OF LOMITA
24300 Narbonne Ave.
Lomita CA, 90717
Re: Proposal for Administrative Hearing Officer Services Dear Mr. Adamzadeh:
I am pleased to submit the enclosed packet in response to the City’s inquiry regarding Administrative Hearing Officer Services. My substantial experience as a hearing officer currently for various public agencies and municipal entities allows me to serve the City immediately as an effective hearing officer. Attached are my compensation proposal and a proposed hearing schedule for your review.
I am pleased further to offer provision of hearing officer services by telephone conference call or via internet video conferencing and have had much success presiding over such types of hearings for multiple agencies and municipalities. Of course, as is necessary for the City, I am able to conduct hearings in person at the City of Lomita’s City Hall. I also handle written declaration appeals from my office.
Finally, I have received training pursuant to section 40215(c)(4)(B) of the Vehicle Code through the California Public Parking Association and enclose my certificate for said training.
I look forward to discussing any questions you may have about my proposal.
Very truly yours,
Elio Palacios, Jr.
of PALACIOS LAW OFFICE
Enclosures
DocuSign Envelope ID: 9D849254-5F51-4BA4-9B9E-43131A766A1A Reg CC Mtg, June 6, 2023, Page 118 of 244
PALACIOS LAW OFFICE
VIA EMAIL ONLY
Janpier Adamzadeh
Management Assistant
July 19, 2022
COMPENSATION PROPOSAL
Initial Term of Agreement:
1. 2.
Hourly rate for hearings billed at 0.1 increments of an hour (in-person only)- $120 Hourly rate for hearings billed at 0.1 increments of an hour (all other hearings, e.g. via phone or video conference) - $100
Mileage to and from the hearing site for in-person hearings – at the then current IRS standard mileage rate
3. DocuSign Envelope ID: 9D849254-5F51-4BA4-9B9E-43131A766A1A Reg CC Mtg, June 6, 2023, Page 119 of 244
ELIO PALACIOS JR.
STATE BAR NO. 216405
P.O. Box 7282
Riverside, California 92513
( 951) 710- 6139
PROFILE
Attorney in good standing and admitted to the State Bar of California, and U.S. District Court, Central District of California, since 2001.
SKILLS AND ABILITIES
Knowledge of the legal principles and precedents of applicable federal, state, and local laws and ordinances and the application thereof • Present statements of fact and law • Communicate clearly and logically in written and oral form • Define issues, perform legal research, analyze problems, evaluate alternatives and make appropriate findings and recommendations • Prepare clear and concise decisions and summaries of factual and legal issues • Establish and maintain cooperative working relationships • Ability to be decisive and to treat all parties in a fair and appropriate manner • Sound professional judgment
CERTIFICATION
California Public Parking Association
Certificate of Hearing Examiner Training, March 2018
PROFESSIONAL EXPERIENCE
City of San Bernardino, California
Administrative Hearing Officer, 2021 to Present
•
•
•
•
•
•
•
•
Preside over and conduct administrative hearings and proceedings Prepare written decisions with appropriate findings to support determination Hear, review and rule in hearings regarding code enforcement appeals Admit and hear evidence
Rule on evidentiary questions
Take evidence from concerned parties and witnesses
Examine files, documents and related materials to assess cases
the parties,
County of San Bernardino, California
Administrative Hearing Officer, 2020 to Present
•
•
Preside over and conduct administrative hearings and proceedings Prepare written decisions with appropriate findings to support determination DocuSign Envelope ID: 9D849254-5F51-4BA4-9B9E-43131A766A1A Reg CC Mtg, June 6, 2023, Page 120 of 244
• Hear, review and rule in hearings regarding zoning and land use matters, code enforcement cost imposition appeals, short-term rental violations, and short-term rental license revocations
Admit and hear evidence
Rule on evidentiary questions
Take evidence from concerned parties and witnesses
•
•
•
•
• Fair, impartial, and disclose any potential conflicts of interest regarding the witnesses, and/or issues at hand
parties,
City of Perris, California
Administrative Hearing Officer, 2020 to Present
•
•
•
Preside over and conduct administrative hearings and proceedings Prepare written decisions with appropriate findings to support determination Hear, review and rule in hearings regarding citation appeals, dangerous or animals, noisy animals, and P.C. section 597.1 Pre and Post Seizure Admit and hear evidence
Rule on evidentiary questions
Take evidence from concerned parties and witnesses
Examine files, documents and related materials to assess cases
vicious
•
•
•
•
• parties,
City of Indio, California
Administrative Hearing Officer, 2018 to Present
•
•
•
Preside over and conduct administrative hearings and proceedings Prepare written decisions with appropriate findings to support determination Hear, review and rule in hearings regarding zoning and land use matters, citation and code enforcement appeals
Admit and hear evidence
Rule on evidentiary questions
Take evidence from concerned parties and witnesses
Examine files, documents and related materials to assess cases
•
•
•
•
•
County of Riverside, California
Administrative Hearing Officer, 2017 to Present
• Preside over and conduct county and city administrative hearings and proceedings in Riverside County
Prepare written decisions with appropriate findings to support determination Hear, review and rule in hearings regarding citation appeals, dangerous or vicious animals, noisy animals, and P.C. section 597.1 Pre and Post Seizure Admit and hear evidence
Rule on evidentiary questions
Tk id f d i d i
•
•
•
•
•
•
DocuSign Envelope ID: 9D849254-5F51-4BA4-9B9E-43131A766A1A Reg CC Mtg, June 6, 2023, Page 121 of 244
• Fair, impartial, and disclose any potential conflicts of interest regarding the parties, witnesses, and/or issues at hand
Superior Court of Riverside County, Moreno Valley, California Judge Pro Tempore, 2014 to 2016
•
•
•
•
•
•
•
•
Review court files, documents and related materials to assess cases Preside over judicial proceedings, hearings and trials in unlawful detainer court Hear, review and rule on petitions and motions
Make rulings, findings, judgments and orders
Take evidence from concerned parties and witnesses
Evaluate the credibility of witnesses
Al th l f id
Superior Court of San Bernardino County, Fontana, California Judge Pro Tempore, 2014 to 2015
•
•
•
•
•
•
•
•
Review court files, documents and related materials to assess cases Preside over judicial proceedings, hearings and trials in unlawful detainer court Hear, review and rule on petitions and motions
Make rulings, findings, judgments and orders
Take evidence from concerned parties and witnesses
Evaluate the credibility of witnesses
Al th l f id
Data Ticket, Inc., Irvine, California
Administrative Hearing Officer, 2013 to Present
• Preside over and conduct county and city administrative hearings and proceedings in the City of Riverside and San Bernardino County and numerous other cities and public agencies throughout California
Prepare written decisions with appropriate findings to support determination Hear, review and rule in hearings regarding zoning and land use matters, code enforcement, building code violations, fire hazard abatement, citation appeals, dangerous or vicious animals, noisy animals, cannabis grow violations, cannabis business license revocations, massage parlor business license revocations, short-term rental violations, and parking citations
Admit and hear evidence
Rule on evidentiary questions
Take evidence from concerned parties and witnesses
Examine files, documents and related materials to assess cases
•
•
•
•
•
•
•
Palacios Law Office, Riverside, California
Managing Attorney, 2009 to Present
•
•
Represent clients in business, corporate, and commercial transactions and litigation Analyze and apply relevant law to a variety of situations and problems DocuSign Envelope ID: 9D849254-5F51-4BA4-9B9E-43131A766A1A Reg CC Mtg, June 6, 2023, Page 122 of 244
Best Best & Krieger, LLP, Riverside, California
Senior Associate Attorney, 2001 to 2009
• Represent clients, including cities and public agencies, in real estate, business, corporate and commercial transactions
Conduct complex legal research and analysis and draft written memoranda construction,
•
EDUCATION
University of California, Davis, School of Law
Juris Doctor
Loma Linda University, Loma Linda, California
Bachelor of Science
COMMUNITY INVOLVEMENT
Inlandia Institute
President of the Board of Directors, 2017 to 2019
Member of the Board of Directors, 2014 to 2021
Riverside Metropolitan Museum (Museum of Riverside)
Member of the Board of the Museum, 2010 to 2018
Chair of the Board of the Museum, 2017 to 2018
City of Riverside
Member of the Ad Hoc Committee to Revise the Ethics Ordinance, 2015 to 2016 Riverside Unified School District
Chair of Gage Middle School Site Council, 2009 to 2010
Member of Gage Middle School Site Council, 2008 to 2010 Member of Harrison Elementary School Site Council, 2008-2009 Elio Palacios, Jr. – Proposal Hearing Officer Services
REFERENCES
Jason Anderson
Code Enforcement Supervisor
City of Indio Police Department
Support Services Division
100 Civic Center Mall
Indio, CA 92201
[email protected]
Phone: (760) 391-4123
2018 to present
Maria Gonzales
Code Enforcement Supervisor
Land Use Services Department
385 N. Arrowhead Avenue, First Floor
San Bernardino, CA 92415
[email protected]
Phone: 909-948-5073
2014 to present
James Huffman
Lieutenant
Riverside County Department of Animal
Services
6851 Van Buren Boulevard
Jurupa Valley, CA 92509
[email protected]
Phone: 951-358-7387
2013 to present
DocuSign Envelope ID: 9D849254-5F51-4BA4-9B9E-43131A766A1A Reg CC Mtg, June 6, 2023, Page 123 of 244
Certificate Of Completion
Envelope Id: 9D8492545F514BA49B9E43131A766A1A Status: Completed Subject: Please DocuSign: Agree No 2022-38 Elio Palacios pending signatures.pdf Source Envelope:
Document Pages: 18 Signatures: 4 Envelope Originator:
Certificate Pages: 5 Initials: 2 Leticia Paz
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
24300 Narbonne Ave
24300 Narbonne Ave
Lomita, CA 90717
[email protected]
IP Address: 69.178.146.18
Record Tracking
Status: Original
8/30/2022 11:25:25 AM
Holder: Leticia Paz
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Trevor Rusin
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 74.116.243.2
Sent: 8/30/2022 11:29:28 AM
Viewed: 8/30/2022 11:49:53 AM
Signed: 9/6/2022 2:27:45 PM
Electronic Record and Signature Disclosure:
Accepted: 9/6/2022 2:27:04 PM
ID: 47659b09-a404-4c14-94c2-8854deaaf026
Elio Palacios
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 75.142.217.148
Sent: 9/6/2022 2:27:47 PM
Resent: 9/7/2022 2:14:29 PM
Viewed: 9/7/2022 7:00:54 PM
Signed: 9/7/2022 7:03:21 PM
Electronic Record and Signature Disclosure:
Accepted: 9/7/2022 7:00:54 PM
ID: e89bc188-f435-4300-aa31-b9dfb4eaabb4
Ryan Smoot
[email protected]
City Manager
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 69.178.146.18
Sent: 9/7/2022 7:03:23 PM
Viewed: 9/7/2022 7:26:02 PM
Signed: 9/9/2022 10:14:14 AM
Electronic Record and Signature Disclosure:
Accepted: 9/7/2022 7:26:02 PM
ID: 6d945a2a-443e-4eea-a955-986772e70e2b
Kathleen Horn Gregory
[email protected]
City Clerk
City of Lomita
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 69.178.146.18
Sent: 9/9/2022 10:14:16 AM
Resent: 9/12/2022 8:37:07 AM
Viewed: 9/12/2022 9:19:07 AM
Signed: 9/12/2022 9:19:42 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Reg CC Mtg, June 6, 2023, Page 124 of 244
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 8/30/2022 11:29:28 AM
Certified Delivered Security Checked 9/12/2022 9:19:07 AM Signing Complete Security Checked 9/12/2022 9:19:42 AM
Completed Security Checked 9/12/2022 9:19:42 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Reg CC Mtg, June 6, 2023, Page 125 of 244
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Lomita City Water Department (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 5/5/2020 10:00:20 AM Parties agreed to: Trevor Rusin, Elio Palacios, Ryan Smoot Reg CC Mtg, June 6, 2023, Page 126 of 244
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
How to contact Lomita City Water Department:
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:
To contact us by email send messages to: [email protected] To advise Lomita City Water Department of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your account preferences.
To request paper copies from Lomita City Water Department To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with Lomita City Water Department To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
Reg CC Mtg, June 6, 2023, Page 127 of 244
i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guidesigning-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
Until or unless you notify Lomita City Water Department as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Lomita City Water Department during the course of your relationship with Lomita City Water Department.
Reg CC Mtg, June 6, 2023, Page 128 of 244
First Amendment to Agreement between
Elio Palacios and the City of Lomita
for Hearing Officer Services
This First Amendment to the Agreement is made and entered into between the City of Lomita (“CITY”) and Elio Palacios (“CONSULTANT”). CITY and CONSULTANT mutually agree to amend the existing Agreement No. 2022-38 entered into on August 15, 2022, as follows:
RECITALS
A. On August 15, 2022, CITY entered into Agreement No. 2022-38 with CONSULTANT for the services of an independent hearing officer.
B. CITY and CONSULTANT now desire to amend the Agreement and extend the term until June 30, 2025.
C. City desires to continue the annual not-to-exceed amount by $5,000 for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement.
NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree to amendments to Agreement No. 2022-38 as follows:
1. Section 7. Term of Agreement. CITY and CONSULTANT agree to extend the term of the Agreement until June 30, 2025.
2. Section 1C. CITY agrees to pay CONSULTANT an amount not to exceed $15,000, for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement.
3. All terms, conditions, and other provisions of the Agreement, including all exhibits, not affected by this First Amendment shall remain in full force and effect.
4. The Parties agree that this First Amendment to the 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 the City. Such facsimile or electronic signatures will be treated in all respects as having the same effect as an original signature.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the 6th day of June, 2023, at Lomita, California.
Attachment No 2
Reg CC Mtg, June 6, 2023, Page 129 of 244
City of Lomita Palacios Law Office
By _____________________________ By _____________________________ Ryan Smoot, City Manager Elio Palacios
Attest:
________________________________
Kathleen Horn Gregory, MMC, City Clerk
Approved as to Form:
_________________________________
Trevor Rusin, City Attorney
Reg CC Mtg, June 6, 2023, Page 130 of 244
TO: Mayor and City Council
FROM: Ryan Smoot, City Manager
PREPARED BY: Lina Hernandez, Senior Management Analyst
MEETING DATE: June 6, 2023
SUBJECT: Consideration of an Expenditure for the Purchase of a Zero-Emission Vehicle for Parking Enforcement Use
RECOMMENDATION:
Approve an expenditure not to exceed $50,000 for the purchase of a zero-emission vehicle for parking enforcement use (including light bar installation and related accessories) and authorize the City Manager to execute.
BACKGROUND:
The City Council approved the purchase of a hybrid Toyota Prius-c for the Parking Enforcement Division in 2014. The average lifespan of a Toyota Prius battery is between 8-10 years and the cost to replace it is slightly over $5,000. Recently the battery on the vehicle failed and, given that the Kelley Blue Book value for a 2014 Prius-c is $8,820- $9,959, staff believes it is in the city’s best interest to purchase a new vehicle and at a later time auction the Toyota Prius and deposit the proceeds into the Equipment Replacement fund.
At the writing of this report formal dealer quotes were not available. Based on online price comparisons, electric vehicles such as the Chevrolet Volt and the Nissan Leaf can cost between $37,000 - $40,000. Given the inventory shortage, higher dealer markups and possible long travel distance to acquire the vehicle may present some challenges, however staff will continue soliciting quotes and researching for the best available vehicle that meets the city’s needs and operations within budget. Additional cost for the installation of a light bar and related accessories is not expected to exceed $5,000.
Recent trends and state regulations have supported clean energy solutions and the transition to zero-emission vehicles. In addition to fuel savings, most electric vehicles have lower maintenance costs since they have fewer and simpler components and don’t require fluid changes or tune-ups. An all-electric city vehicle would align with the City’s Item No. 7j
CITY OF LOMITA
CITY COUNCIL REPORT
Reg CC Mtg, June 6, 2023, Page 131 of 244
Safety Element, Policy 1.2 Goal to reduce air pollution from mobile sources. The parking enforcement team currently shares a 2018 fully electric Nissan Leaf and needs a second reliable vehicle to continue parking operations, maintain service levels and be ready for the anticipated implementation of street sweeping changes and additional routes.
It is recommended that the City Council approve the expenditure of up to $50,000 and authorize the City Manager to execute the purchase of a new zero-emission vehicle not to exceed that amount. Once the vehicle is acquired, a light bar and back up indicator will be installed before it is put into service.
FISCAL IMPACT
There are sufficient funds in the Equipment Replacement Fund to appropriate $50,000 for the purchase of a parking enforcement vehicle.
OPTIONS
1. Approve staff’s recommendation.
2. Provide alternative direction.
ATTACHMENTS
None.
Reviewed by: Approved by:
_____________________ ______________________
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Prepared by:
Lina Hernandez
Senior Management Analyst
Reg CC Mtg, June 6, 2023, Page 132 of 244
TO: City Council
FROM: Ryan Smoot, City Manager
PREPARED BY: Susan Kamada, Administrative Services Director MEETING DATE: June 6, 2023
SUBJECT: Discussion and Consideration of Fiscal Year 2022-2024 Mid-Cycle Budget Amendments
RECOMMENDATION
Approve the recommendations contained in Attachment 1 and direct staff to make necessary expenditure and revenue budget amendments to implement the recommendations.
BACKGROUND
Staff develops the biennial budget based upon estimated revenues and expenditures. Upon completion of the annual financial statements and final audit, staff analyzes the impact of the closing information, current revenue and expenditure trends, and economic data, and recommends amendments to be approved by the City Council during the mid-budget review process. Revenues are adjusted based on this analysis and other sources to provide revised projections for the fiscal year. The City’s accounting staff continually monitors actual revenues received and compares them to the projected revenues approved in the annual budget; this information is then used to develop revised revenue projections to more accurately reflect the impacts of the current economic climate and any uncertainties and delays in receiving revenues.
Fiscal Year 2022-2024 Adopted Biennial Budget
In June 2022 the City Council adopted the biennial operating and capital improvement budgets. The adopted biennial budget contains general fund expenditures and revenues of $13,851,603 and $13,851,603 respectively, reflecting a balanced budget in the general fund for Fiscal Year 2022-2023, and $14,200,427 and $14,156,877 respectively for Fiscal Year 2023-2024, a slight increase to the General fund balance of $43,550. The budget continues to provide the service levels that the Lomita community expects. In addition, the budget contains financial data for all the City’s operating and capital funds. Attachment 1 is a summary of the revenue and expenditure adjustments, which are described in more detail below.
Item No. SCH 8b
CITY OF LOMITA
CITY COUNCIL REPORT
Reg CC Mtg, June 6, 2023, Page 133 of 244
Revenue Amendments
Staff reviewed the status of the City’s major revenue sources to identify potential anomalies between budgeted and actual revenues, and to make recommendations for revenue budget adjustments. The City’s primary revenue sources include property, sales, and motor vehicle in lieu taxes. The other major revenue source is development related revenue. Property and motor vehicle in lieu taxes are not expected to exceed the original projected revenue. A review of other revenues found several variances in the budget versus actual amounts at mid-year. As a result, the following revenue account amendments are being recommended:
Expenditure Amendments
Staff reviewed the status of the City’s expenditures to identify potential anomalies between budgeted and actual expenditures, and to make recommendations for expenditure budget amendments. A review of the expenditures found several variances in the budget versus actual amounts at mid-cycle. A majority of these amendments are carried over from FY 2022-2023
Adopted
Budget
2022-2023
Amended
Budget
Increase/
Decrease
2023-2024
Adopted
Budget
2023-2024
Amended
Budget
Increase/
Decrease
General Fund Revenues
Sales and Use Tax 4,756,791 5,000,000 243,209 4,820,721 5,200,000 379,279 Court and Parking Fines 482,892 482,892 510,000 - 535,000 25,000 Administrative Citation 5,000 32,000 27,000 5,000 5,000 - Technology Fees 6,000 14,000 8,000 6,000 25,000 19,000
Planning and Zoning Fees 117,000 117,000 120,000 - 150,000 30,000 Interest 100,000 200,000 100,000 100,000 200,000 100,000 Prop A Exchange Proceeds 700,000 - 700,000 - - -
Miscellaneous Revenues 72,500 349,500 277,000 77,500 77,500 - Transfers from Other Funds 402,500 332,860 (69,640) 538,476 788,476 250,000 2022-2023
Adopted
Budget
2022-2023
Amended
Budget
Increase/
Decrease
2023-2024
Adopted
Budget
2023-2024
Amended
Budget
Increase/
Decrease
Revenues
General Plan Update 200,000 683,623 483,623 200,000 866,377 666,377 State Gas Tax 1,019,512 994,796 (24,716) 1,047,825 1,120,153 72,328 Measure R Local Return 313,089 313,089 321,291 - 375,971 54,680 Measure M 352,434 352,434 360,463 - 422,434 61,971
Measure W 225,000 225,000 225,000 - 575,000 350,000
Community Development Block Grant 142,935 148,379 5,444 142,935 140,077 (2,858) Prop A Local Return 526,451 526,451 537,420 - 610,316 72,896 Prop C Local Return 418,452 418,452 426,721 - 499,628 72,907 Transportation Development Act 13,226 19,204 5,978 13,843 13,843 - Landscape Maintenance District #1 11,738 11,738 22,045 - 11,738 (10,307) Lomita Manor 468,542 468,542 461,048 - 548,339 87,291
Street Improvement 753,000 1,003,000 250,000 755,000 396,089 (358,911) Facility Improvement 100,000 100,000 850,000 - 1,186,976 336,976 Equipment Replacement 300,500 500,500 200,000 300,500 300,500 - Park Equipment Replacement 100,000 100,000 100,000 - - (100,000) Sewer Replacement 108,480 - 108,480 100,000 - (100,000) Reg CC Mtg, June 6, 2023, Page 134 of 244
22/23 Capital Improvement Projects. Included in the FY 23/24 proposed amendments is an allocation for an additional full-time position for Parking Enforcement Supervisor. As a result, the following expenditure account adjustments are being recommended:
2022-2023
Adopted
Budget
2022-2023
Amended
Budget
Increase/
Decrease
2023-2024
Adopted
Budget
2023-2024
Amended
Budget
Increase/
Decrease
General Fund Expenditures
City Council $ 56,514 $ 56,514 $ 56,634 - $ $ 60,879 $ 4,245 City Manager 850,672 878,931 11,000 879,097 1,005,296 126,199 City Clerk 377,249 323,449 (53,800) 328,093 342,514 14,421 Administrative Services 601,628 601,628 623,064 - 621,660 (1,404) Human Resources 869,303 831,353 (37,950) 905,857 932,324 26,467 Law Enforcement 4,125,033 4,125,033 4,182,369 - 4,339,560 157,191 Emergency Operations 113,000 13,000 (100,000) 15,000 15,000 - Safety Enforcement 402,889 517,889 115,000 424,320 560,730 136,410 Community Development 854,251 865,371 11,120 900,286 946,284 45,998 Economic Development 35,500 228,000 192,500 35,500 235,500 200,000 Information Technology 672,000 672,000 352,000 - 382,000 30,000 Public Works Administration 364,699 366,386 1,687 386,543 520,018 133,475 Public Works - Streets 290,763 290,763 311,779 - 313,086 1,307 Recreation and Facilities Administration 724,936 752,136 27,200 757,677 792,535 34,858 Recreation 876,631 878,631 2,000 911,885 773,428 (138,457) Lomita Presents 184,897 220,397 35,500 185,581 238,581 53,000 Park Maintenance 597,847 669,797 71,950 630,424 645,747 15,323 Railroad Museum 63,791 63,791 65,768 - 66,098 330
Transfers to Other Funds 1,500,000 2,492,103 992,103 1,950,000 1,957,466 7,466 Reg CC Mtg, June 6, 2023, Page 135 of 244
ARPA Expenditure
Staff is recommending revising the allocation for ARPA funds as follows:
Budget
Revised
Budget
Cypress GAC Project 3,000,000 3,000,000
Direct Covid Expenditures 90,976 -
Job Creation & Business Incentive Program 500,000 50,000 Façade Improvement Program 250,000 200,000
Workforce Development 100,000 100,000
Workplace Safety & EOC Upgrades 750,000 1,086,976
Digital Infrastructure 170,000 424,000
4,860,976 4,860,976
OPTIONS
1. Approve staff’s recommendation.
2. Amend staff’s recommendation.
3. Provide further direction to staff.
FISCAL IMPACT
2022-2023
Adopted
Budget
2022-2023
Amended
Budget
Increase/
Decrease
2023-2024
Adopted
Budget
2023-2024
Amended
Budget
Increase/
Decrease
Expenditures
General Plan Update 200,000 - 200,000 1,000,000 - 1,000,000 State Gas Tax 1,336,563 639,563 (697,000) 1,241,059 2,214,572 973,513 Measure R Local Return 787,698 167,698 (620,000) 355,680 955,680 600,000 Measure M 1,076,949 159,949 (917,000) 300,000 1,058,623 758,623 Measure W 273,000 163,076 (109,924) 273,500 336,000 62,500 American Rescue Plan 2,132,988 2,063,348 (69,640) 1,288,476 1,336,976 48,500 Community Development Block Grant 142,935 148,379 5,444 142,935 140,077 (2,858) Prop A Local Return 395,487 1,123,600 728,113 397,850 142,227 (255,623) Prop C Local Return 100,000 9,880 (90,120) 250,000 250,000 - Landscape Maintenance District #1 23,000 16,738 (6,262) 23,000 11,738 (11,262) Park Athletic 51,193 51,193 51,821 - 52,574 753
Lomita Manor 468,542 468,542 461,048 - 496,602 35,554
Capital Improvement 75,000 5,000 (70,000) 70,000 - 70,000 Street Improvement 1,389,620 1,438,455 775,000 - 775,000 - Facility Improvement 9,000 - (9,000) 1,205,000 1,504,720 299,720 Equipment Replacement 200,000 400,000 200,000 200,000 285,000 85,000 Park Equipment Replacement 515,000 15,000 (500,000) 515,000 - 515,000 Sewer Replacement 125,000 10,000 (115,000) 115,000 - 115,000 Tom Rico Memorial 2,000 - 2,000 - - -
Water Operations 6,925,813 6,925,813 7,169,946 - 7,273,289 103,343 Water Capital 7,181,024 4,679,610 (2,501,414) 2,161,034 5,675,724 3,514,690 Reg CC Mtg, June 6, 2023, Page 136 of 244
ATTACHMENTS
1. Fiscal Year 2022-2023 & Fiscal Year 2023-2024 Budget Amendments
2. Mid-Cycle FY 2022-2024 Budget Update Report
3. Mid-Cycle FY 22-24 Budget Update Flyer
4. Parking Enforcement Supervisor Job Classification
5. FY 22-24 Section IV Authorized Positions
Reviewed by: Approved by:
________ _________
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Prepared by:
________
Susan Kamada
Administrative Services Director
2022-2023
Adopted
Budget
2022-2023
Amended
Budget
Increase/
Decrease
2023-2024
Adopted
Budget
2023-2024
Amended
Budget
Increase/
Decrease
Revenues 33,975,274 36,289,652 2,314,378 30,648,748 32,655,377 2,006,629 Expenditures 37,373,641 34,138,242 (3,235,399) 30,517,069 39,276,351 8,759,282 *Excess expenditures over revenues are from carry over funds that have been received in prior years Reg CC Mtg, June 6, 2023, Page 137 of 244
Revenues Budget
Fund: 100 - General Fund
100-000-4210.000 Sales and Use Tax 4,756,791
100-000-4320.000 Administrative Citations 5,000
100-000-4416.000 Technology Fees 6,000
100-000-4525.000 Interest 100,000
100-000-464 2. 000 Prop A Exchange Proceeds
100-000-4905.000 Miscellaneous Revenues 40,000
100-000-4936.000 Property Damage Claims
100-000-4 94 2. 3 31 Mayor's Golf Classic
100-000-4 9 5 2. 000 Transfer from Special Revenue 402,500 General Fund Revenue Total: 13,851,603
Fund: 204 - General Plan Update
204-000-4951.000 Transfer from General Fund 200,000
General Plan Update Revenue Total: 200,000
Fund: 205 - State Gas Tax
205-000-4249.000 State Gas Tax - 2103 183,645
205-000-4250.000 State Gas Tax - 2105 127,231
205-000-4252.000 State Gas Tax - 2106 75,562
205-000-4253.000 State Gas Tax - 2107 173,647
205-000-4254.000 State Gas Tax - 2107.5 5,000
205-000-4258.000 Road Maintenance and Rehabilita 452,427 205-000-4525.000 Interest 2,000
205-000-4905.000 Miscellaneous Revenues
State Gas Tax Revenue Total: 1,019,512
Fiscal Year 2022-2023 Mid-Cycle Budget Review
City of Lomita
Year to Date Budget Percent Budget Revised
05/31/23 Balance Remaining Adjustment Budget
3,154,465 (1,602,326) 66.31% 243,209 5,000,000
72,400 67,400 1448.00% 27,000 32,000
17,751 11,751 295.85% 8,000 14,000
337,970 237,970 337.97% 100,000 200,000
700,000 700,000 0.00% 700,000 700,000
296,004 256,004 740.01% 256,000 296,000
500 500 0.00% 1,000 1,000
19,710 19,710 0.00% 20,000 20,000
(402,500) 0.00% (69,640} 332,860
11,420,705 (2,432,391} 1,285,569 15,137,172
(200,000) 0.00% 483,623 683,623
(200,000} 100.00% 483,623 683,623
140,649 (42,996) 76.59% (3,927) 179,718
98,144 (29,087} 77.14% (899) 126,332
60,261 (15,301} 79.75% 760 76,322
133,121 (40,526) 76.66% (22,310} 151,337
5,000 100.00% 5,000
308,644 (143,783) 68.22% 1,660 454,087
(2,000} 0.00% 2,000
10,985 10,985 0.00%
756,804 (262,708} (24,716} 994,796