Lomita City Council
March 5, 2024

This AGREEMENT for Supervisory Control and Data Acquisition (SCADA) Upgrades is entered into this 5
th day of March 2024, by and between the CITY OF LOMITA, a general law city and municipal corporation (“CITY”) and AES GLOBAL, INC. (“CONTRACTOR”).

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 Supervisory Control and Data Acquisition (SCADA) Upgrades.

C. CONTRACTOR warrants to CITY that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.

D. CITY desires to contract with CONTRACTOR to perform the services as described in Exhibit A of this Agreement.

NOW, THEREFORE, based on the foregoing recitals, CITY and CONTRACTOR agree as follows:

1. CONSIDERATION AND COMPENSATION.

A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, attached as Exhibit A;
B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONTRACTOR an amount not to exceed $45,111.50 for CONTRACTOR’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. CONTRACTOR 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 Attachment No 1
March 5, 2024, Reg. CC Mtg., Page # 203

month. CITY shall pay CONTRACTOR all uncontested amounts set forth in the CONTRACTOR'S bill within 30 days after it is received.

2. SCOPE OF SERVICES.

A. CONTRACTOR will perform the services and activities set forth in the SCOPE OF SERVICES attached hereto as Exhibit A and incorporated herein by this reference.

If any part of Exhibit A is inconsistent with the terms of this Agreement, the terms of this Agreement shall control.

B. Except as herein otherwise expressly specified to be furnished by CITY, CONTRACTOR 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 CONTRACTOR by this Agreement.

3. PAYMENTS. For CITY to pay CONTRACTOR as specified by this Agreement, CONTRACTOR 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 CONTRACTOR 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, CONTRACTOR represents that CONTRACTOR has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

6. KEY PERSONNEL. CONTRACTOR’s key person assigned to perform work under this Agreement is Joe Bingham. CONTRACTOR 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 December 31, 2025, unless earlier termination occurs under Section 13 of this Agreement, or extended in writing in advance by both parties.

8. BEST MANAGEMENT PRACTICES AND TRAINING. The contractor shall implement and maintain activity specific Best Management Practices (BMPs) to prevent pollutant loading from stormwater and non-stormwater discharges to receiving waters as required in Municipal NPDES Permit No. CAS004004. Contracting staff whose primary job duties are related to implementation of BMPs shall be adequately trained to March 5, 2024, Reg. CC Mtg., Page # 204

effectively implement, operate, and maintain such BMPs and must be versed in factors affecting BMP effectiveness. The contractor shall certify they have received all applicable training to implement the requirements in Municipal NPDES Permit No.

CAS004004 and shall provide documentation to that effect.

9. 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 CONTRACTOR 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.

10. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number.

11. PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this Agreement all permits, licenses, and certificates that may be required by local, state and federal laws in connection with the performance of services under this Agreement, including a business license as specified in Title VI, Chapter 2 of the Lomita Municipal Code.

12. LAWS AND REGULATIONS; EMPLOYEE/LABOR CERTIFICATION.

CONTRACTOR 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. CONTRACTOR 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

13. PREVAILING WAGE.

A. Prevailing Wage. CONTRACTOR is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, CONTRACTOR agrees to fully comply with such Prevailing Wage Laws.

Upon request, CITY shall provide CONTRACTOR with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.

CONTRACTOR shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the CONTRACTOR’S principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and CONTRACTOR shall therefore comply with such Labor Code sections to the fullest extent required by law.

March 5, 2024, Reg. CC Mtg., Page # 205

CONTRACTOR shall defend, indemnify and hold the CITY, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

B. Registration/DIR Compliance. If the services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, CONTRACTOR and all subcontractors must be registered with the Department of Industrial Relations (“DIR”). CONTRACTOR shall maintain registration for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be CONTRACTOR’S sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against CONTRACTOR or any subcontractors that affect CONTRACTOR’S performance of services, including any delay, shall be CONTRACTOR’S sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered CONTRACTOR caused delay and shall not be compensable by CITY.

CONTRACTOR shall defend, indemnify and hold CITY, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against CONTRACTOR or any subcontractor.

C. Labor Certification. By its signature hereunder, CONTRACTOR certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

D. Employment of Apprentices. CONTRACTOR and all subcontractors shall comply with the requirements of Labor Code sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

E. CONTRACTOR or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project entered into between CONTRACTOR and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid or may have been paid to a debarred subcontractor by CONTRACTOR on the project shall be returned to CITY. CONTRACTOR shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.

March 5, 2024, Reg. CC Mtg., Page # 206

F. CONTRACTOR agrees to bind every subcontractor to the terms of the Agreement as far as such terms are applicable to subcontractor’s portion of the work.

CONTRACTOR shall be as fully responsible to CITY for the acts and omissions of its subcontractor and of persons either directly or indirectly employed by its subcontractor, as CONTRACTOR is for acts and omissions of persons directly employed by CONTRACTOR. Nothing contained in these Agreement shall create any contractual relationship between any subcontractor and CITY.

14. 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. CONTRACTOR may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date.

C. In the event of such termination, CONTRACTOR shall cease services as of the date of termination, all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONTRACTOR shall, at CITY’s option, become CITY’s property, and CONTRACTOR will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination.

D. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.

15. INDEMNIFICATION.

A. CONTRACTOR 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 CONTRACTOR's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, regardless of CITY’S passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of CITY. Should CITY in its sole discretion find CONTRACTOR’S legal counsel unacceptable, then CONTRACTOR shall reimburse CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation.

CONTRACTOR shall promptly pay any final judgment rendered against CITY (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

B. The requirements as to the types and limits of insurance coverage to be maintained by CONTRACTOR as required by Section 19, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or March 5, 2024, Reg. CC Mtg., Page # 207

qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.

16. ASSIGNABILITY. This Agreement is for CONTRACTOR’s professional services.

CONTRACTOR’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.

17. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR 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 CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only.

18. AUDIT OF RECORDS.

A. CONTRACTOR agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement.

CONTRACTOR 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.

CONTRACTOR further agrees to maintain such records for a period of three (3) years following final payment under this Agreement.

B. CONTRACTOR will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement.

19. CORRECTIVE MEASURES. CONTRACTOR will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONTRACTOR will be given a reasonable amount of time as determined by CITY to implement said corrective measures. Failure of CONTRACTOR to implement required corrective measures shall result in immediate termination of this Agreement.

20. INSURANCE REQUIREMENTS.

A. CONTRACTOR, at CONTRACTOR’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies:

March 5, 2024, Reg. CC Mtg., Page # 208

1. General Liability Coverage. CONTRACTOR 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.

2. Professional Liability Coverage. CONTRACTOR shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from CONTRACTOR’S operations under this Agreement, whether such operations be by CONTRACTOR or by its employees, subcontractors, or subcontractors. 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,” CONTRACTOR 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 CONTRACTOR for all claims made by CITY arising out of any errors or omissions of CONTRACTOR, or its officers, employees or agents during the time this Agreement was in effect.

B. Endorsements. Each general 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. CONTRACTOR 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 CONTRACTOR, 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 March 5, 2024, Reg. CC Mtg., Page # 209

appointed officers, officials, employees, or agents.

5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to CITY, its elected or appointed officers, officials, employees, agents, or volunteers.

6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days’ written notice has been received by CITY.

C. CONTRACTOR 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 CITY. At CITY’s option, CONTRACTOR shall demonstrate financial capability for payment of such deductibles or self-insured retentions.

E. CONTRACTOR 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 CONTRACTOR to procure or maintain required insurance shall constitute a material breach of contract under which CITY may terminate this Agreement pursuant to Section 13 above.

G. The commercial general policy 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 CONTRACTOR (as the named insured) should CONTRACTOR 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. CONTRACTOR understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONTRACTOR as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement.

Should CITY pay the SIR or deductible on CONTRACTOR’S behalf upon CONTRACTOR’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 Contractor for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.

March 5, 2024, Reg. CC Mtg., Page # 210

21. USE OF OTHER CONTRACTORS. CONTRACTOR must obtain CITY’s prior written approval to use any Contractors while performing any portion of this Agreement. Such approval must include approval of the proposed Contractor and the terms of compensation.

22. FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONTRACTOR 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 CONTRACTOR for anything done, furnished or relating to the CONTRACTOR’S work or services. Acceptance of payment shall be any negotiation of CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by CITY shall not constitute, nor be deemed, a release of the responsibility and liability of CONTRACTOR, its employees, sub-Contractors 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 CONTRACTOR, its employees, sub-Contractors and agents.

23. CORRECTIONS. In addition to the above indemnification obligations, the CONTRACTOR shall correct, at its expense, all errors in the work which may be disclosed during CITY’S review of CONTRACTOR’S report or plans. Should the CONTRACTOR 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 CONTRACTOR. 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 CONTRACTOR under this Agreement up to the amount of the cost of correction.

24. NON-APPROPRIATION OF FUNDS. Payments to be made to CONTRACTOR 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 CONTRACTOR’S services beyond the current fiscal year, the Agreement shall cover payment for CONTRACTOR’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.

25. 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 CONTRACTOR
City of Lomita
24300 Narbonne Avenue
Lomita, CA 90717
ATTN: City Manager
AES GLOBAL, INC.
205 N. Bush St.

Santa Ana, CA 92701
ATTN: Joe Bingham
March 5, 2024, Reg. CC Mtg., Page # 211

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.

26. SOLICITATION. CONTRACTOR maintains and warrants that it has not employed nor retained any company or person, other than CONTRACTOR’s bona fide employee, to solicit or secure this Agreement. Further, CONTRACTOR warrants that it has not paid nor has it agreed to pay any company or person, other than CONTRACTOR’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 CONTRACTOR breach or violate this warranty, CITY may rescind this Agreement without liability.

27. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONTRACTOR and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONTRACTOR’s or CITY’s obligations under this Agreement.

28. 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.

29. 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.

30. 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.

31. 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.

32. 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 March 5, 2024, Reg. CC Mtg., Page # 212

or electronic signatures will be treated in all respects as having the same effect as an original signature.

33. 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.

34. TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided.

35. 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.

36. STATEMENT OF EXPERIENCE. By executing this Agreement, CONTRACTOR represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY.

CONTRACTOR represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private Contractors, and experience in dealing with public agencies all suggest that CONTRACTOR is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency.

37. DISCLOSURE REQUIRED. (CITY and CONTRACTOR initials required at one of the following paragraphs)
By their respective initials next to this paragraph, CITY and CONTRACTOR hereby acknowledge that CONTRACTOR is a “contractor” for the purposes of the California Political Reform Act because CONTRACTOR’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 CONTRACTOR employed by CITY. CONTRACTOR hereby acknowledges his or her assumingoffice, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the CITY’S Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to Contractor commencing services hereunder, the City’s Manager shall prepare and deliver to CONTRACTOR a memorandum detailing the extent of CONTRACTOR’S disclosure obligations in accordance with the CITY’S Conflict of Interest Code.

City Initials ______
Contractor Initials ______
March 5, 2024, Reg. CC Mtg., Page # 213

OR
By their initials next to this paragraph, CITY and CONTRACTOR hereby acknowledge that CONTRACTOR is not a “contractor” for the purpose of the California Political Reform Act because CONTRACTOR’S duties and responsibilities are not within the scope of the definition of contractor in Fair Political Practice Commission Regulation 18700.3(a)(2) and is otherwise not serving in staff capacity in accordance with CITY’S Conflict of Interest Code.

City Initials ______
Contractor Initials ______
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.

CITY OF LOMITA CONTRACTOR
Joe Hoefgen, Interim City
Manager
By: TITLE
ATTEST:

Kathleen Horn Gregory, City
Clerk
Taxpayer ID No.

APPROVED AS TO FORM:

City Attorney
March 5, 2024, Reg. CC Mtg., Page # 214
Project: City of Lomita - SCADA Upgrade Quote No: JB06-22-02 Invoice By : Joe Bingham Date Quoted: 2/15/2024
Attn: Mark Anderson
City of Lomita Public Works
Chief Water Operations Manager
Office - 310.325.9830, Cell - 310.508.3755
Fax - 310.325.3627
Item Descriptions Quantity Price Total
1 SCADA System
2 Upgrade existing CLearSCADA to new software. 1 $ 17,400.00 $ 17,400.00 3 4 onsite testing and validation 1 $ 3,480.00 $ 3,480.00 5 6 win911 upgrade and integration 1 $ 3,480.00 $3,480
7 8 Installation and testing of new controllers for Harbor Hill, Walnut, and City Yard. 1 $ 3,915.00 $3,915 9 10 AVEVA Edge software (1500 tags) 1 $ 4,775.00 $4,775 11 12 Win-911 VOIP PBX system (this will tie into the existing phone line for voice calls) 1 $ 650.00 $650 13 14 Replacement controllers for Harbor Hill, Walnut, and City Yard(existing units are end of life) 3 $ 1,475.00 $4,425 15 16 TAX 1 $ 886.50 $887
17 18 Addition of Professional Liability insurance 1 $ 2,500.00 $ 2,500.00 19 20
Assist Soffa Electric with integrating the new water treatment plant information onto the SCADA computer.
1 $ 3,600.00 $ 3,600.00
21 22
23 24
25 Payment Term- Due on receipt $45,111.50
Note:

The following quote is for the upgrade of the existing old ClearSCADA system to the newer Aveva Indusoft. The upgrade will be compatible with both Windows 10 and 11. The Win 911 software will also be upgraded from the existing version 7 to the latest version 2024. The upgrade will meet the cybersecurity standards and requirements by NUMA networks and be scalable for future expansion. Annual support costs for the SCADA software will be reduced to less than half of the existing costs. I addition to the software upgrades, three PLC’s that are no longer supported will be upgraded. 205 N Bush St., Santa Ana, CA 92701 | Phone 714.783.7334 Fax 714.783.7411 | www.aesglobal.com

March 5, 2024, Reg. CC Mtg., Page # 215
Exhibit A

STANDARD TERMS AND CONDITIONS

1. INTRODUCTION - It is understood and agreed that all orders placed for products, systems or services with AES Global, Inc (hereinafter referred to as “AES”) and any other form of communication shall be subject to these terms and conditions, which shall take precedence over any terms and conditions that may form a part of the customer’s order, or other form of communication by the customer. Any provisions or conditions of customer’s order or other form of communication by the customer, which are in conflict with, or in addition to these terms and conditions shall not be binding on AES except as agreed to in writing by a duly authorized representative of AES.

2. ACCEPTANCE - All orders are subject to acceptance and credit approval by AES at its Anaheim, California office.

3. VALIDITY - Unless expressly otherwise provided, this proposal shall expire thirty (30) days from the date of issue. All printed, typed or written terms and conditions of this quotation are subject to change only if agreed to in writing by AES.

4. PAYMENT - Terms are thirty (30) days net from date of invoice F.O.B. shipping point, and if required by AES, an irrevocable letter of credit issued by a bank and confirmed by a United States of America bank. At AES’s option, progress billings may be submitted to Buyer. The portion billed will be a prorated portion of the complete job or on a unit basis, whichever is applicable. If the payment is received within Ten (10) business days, the Buyer shall receive a 2% discount. Late payments by Buyer shall bear interest at a rate of ten percent per annum from the due date of the invoice until paid in full. Buyer shall also pay to AES any cost or expenses, including attorney’s fee, incurred by AES with respect to the collection of any late payments or otherwise delinquent monies. Title to any and all goods sold hereunder shall pass to Buyer only upon payment in full to AES for such goods. No payment by Buyer or receipt by Seller of a lesser amount than is then due and owing shall be deemed to be other that on account of the earliest dated invoices, nor shall any endorsement of statement accompanying any check, money order or other form of remittance by Buyer be deemed an accord and satisfaction without Seller’s express written consent, and Seller or Seller’s agent may accept such check, money order, or remittance as partial payment without prejudice to Seller’s right to recover the balance of such invoice amounts or pursue any other remedy provided by law or equity. For each check from Buyer returned by the bank for insufficient funds, Buyer will pay to AES fifty dollars ($50.00) as a handling charge. In the event that Buyer becomes insolvent, calls a meeting of creditors, files bankruptcy or proposes a plan for the payment of creditors, AES may declare all sums immediately due and payable and AES may cancel any and all existing orders or services.

Late payment or partial payment of any invoice voids all discounts.

5. SHIPMENT AND DELIVERY - (a) All goods shall be shipped F.O.B. shipping point unless otherwise agreed to in writing by AES. Notwithstanding anything herein to the contrary, risk of loss shall pass to Buyer upon delivery of goods to the carrier. (b) All shipping dates will be calculated from the date of receipt of the order and with complete specification or of final approval of AES specifications and its receipt and acceptance by AES of any necessary blueprints, sketches, specifications or information required for identification and production of the order, as may be applicable.
(c) Any shipping or delivery date stated herein is an estimate which AES shall attempt to meet; however, in no event will AES be responsible for any loss of damage due to a failure to meet any shipment or delivery date, and any such failure shall not constitute a breach of any agreement relating to the items quoted herewith. Buyer’s sole remedy shall be to cancel this Agreement if AES materially fails to timely deliver any product or service. (d) If Buyer does not accept conforming goods delivered pursuant to said agreement within a reasonable time after AES tenders delivery, in addition to such other remedies as may be available to AES, Buyer shall be responsible and shall reimburse AES for all reshipping, storage and warehousing costs, whether such costs are the result of storage by an independent party or by AES.

6. DELAYS - If Buyer causes any delay in AES's performance of its obligations, Buyer shall reimburse AES for any expenses incurred by AES attributable to such delay.

7. ESCALATION OF PRICES - Unless otherwise provided, all prices for AES goods and services quoted herein are subject to change for all such goods and services delivered or supplied more than six months after date of quotation. After such date, such price will be increased to the extent of the percentage price increase in the AES price lists from the date of this quotation to the date such goods and or services are supplied.

8. FREIGHT ALLOWANCE - Any quotations that include freight allowance are based upon the lowest actual station-to-station freight rate in effect on the date and are subject to increase or reduction to the extent of any changes in freight rate which may become effective before shipment is made. Choice of carrier is at AES’s discretion unless otherwise agreed by AES. Buyer assumes all responsibility and cost for unloading said goods from the carrier and transporting them to their final location.

9. TAXES - Unless otherwise agreed, the prices stated herein do not include any excise, sales, use, retailers occupational or similar tax. The amount of any such taxes which are payable in accordance with the provisions of any statute or rules, regulations or decisions of any taxing authority, will be paid by Buyer, either directly to the taxing authority or by reimbursing AES for the amount of such taxes shown on its invoice.

10. ERRORS - AES reserves the right to correct all typographical or clerical errors which may be present in the prices or specifications in this quotation, both before and after acceptance.

11. TERMINATION AND CANCELLATION – Except as provided herein, all orders are not subject to termination or cancellation except upon written consent of AES.
205 N Bush St., Santa Ana, CA 92701 | Phone 714.783.7334 Fax 714.783.7411 | www.aesglobal.com

March 5, 2024, Reg. CC Mtg., Page # 216

12. WARRANTY - (a) AES warrants that goods described herein and manufactured by AES are free from defects in material and workmanship for one year from the date of delivery unless otherwise agreed to by AES in writing. (b) AES warrants that goods repaired by it pursuant to the warranty are free from defects in material and workmanship for a period to the end of the original warranty or 90 days from the date of delivery of repaired goods, whichever is longer. (c) Warranties on goods sold by, but not manufactured by AES are expressly limited to the terms of the warranties given by the manufacturer of such goods.
(d) All warranties are terminated in the event that the goods or systems or any part hereof are (i) misused, abused or otherwise damaged, (ii) repaired, altered or modified without AES’s consent, (iii) not installed, maintained and operated in strict compliance with instructions furnished by AES, or (iv) worn, injured or damaged from abnormal or abusive use in service time. (e) THESE WARRANTIES ARE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION

WARRANTIES AS TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) AND NO WARRANTY EXPRESSED OR IMPLIED, NOR ANY REPRESENTATIONS, PROMISES, OR STATEMENTS BEEN MADE BY AES UNLESS ENDORSED HEREIN IN WRITING. FURTHER THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION OF THE FACE HEREOF. (f) No agent of AES is authorized to assume any liability for it or to make any written or oral warranties beyond those set forth herein.

13. REMEDIES - (a) Buyer’s sole remedy for breach of any warranty is limited exclusively to repair of replacement without cost to Buyer of any goods or parts found by AES to be defective if Buyer notifies AES in writing of the alleged defect within ten (10) days of discovery of the alleged defect and returns such goods to AES’s Anaheim office unless AES’s Anaheim office designates a different location, transportation prepaid, within thirty (30) days of the sending of such notification and which upon examination by AES proves to be defective in material and workmanship. AES is not responsible for any costs of removal, dismantling or reinstallation of allegedly defective or defective goods. If a Buyer does not wish to ship the product back to AES, the Buyer can arrange to have a AES serviceman come to the site. The Serviceman’s transportation time and expenses to and from the Buyer’s premises and any overtime or living expenses incurred will be for the account of the Buyer. However, labor for warranty work during normal working hours is not chargeable.
(b) Buyer is responsible to ensure that any materials returned to AES are clean to safe levels as such levels are defined and/or determined by applicable Federal, State and/or local laws, regulations and codes. Buyer agrees to indemnify AES and save AES harmless from any liability or damage which AES may incur or suffer due to Buyer’s failure to so act.

14. VARIATIONS - Any variations in details between the goods herein and those covered in Buyer’s specifications are due to standards of manufacture and are not to be construed as exceptions to the specifications.

15. ACCEPTANCE OF GOODS - Goods sold pursuant hereto shall be accepted by Buyer when it: (i) notifies AES of acceptance in writing, or (ii) uses the goods or permits their use by others, for its benefit, or (iii) fails to notify AES in writing of its rejection within 30 days after Buyer takes possession and control of the goods, or (iv) does any act inconsistent with AES’s ownership, but if such act is wrongful as against AES, it is an acceptance only if ratified by AES.

16. SHORTAGES, RECLAMATION, ETC. - The quantity of material shown by invoice shall in all cases govern settlement, unless notice of shortage is given to the Transportation Company and AES in writing within ten (10) business days after receipt of material.

17. WORK PERFORMED ON BUYER’S PREMISES - If work is to be performed on Buyer’s premises, buyer warrants that it will furnish a place of employment which is safe and free from recognized hazards that are likely to cause death or serious physical harm and which is in compliance with OSHA and its standards.

18. ASSIGNMENT - Any assignment by the Buyer of its rights under any agreement relating to the items quoted herewith without any written consent of AES shall be null and void.

19. LIMITATION OF LIABILITY - AES's liability with respect to any claim or damage whatsoever arising out of or related to the subject matter hereof shall in no event exceed the contract price with respect to that subject matter. In no event shall AES be liable for any collateral, consequential, incidental, special or indirect damages, lost profits, costs, or claims of any nature whatsoever arising out of or related to the subject matter hereof. AES is not responsible for any delay or failure in performance caused by unexpected emergencies or disasters, such as flood, fire, earthquake, civil disturbance, war, illness, acts of God or similar causes beyond the control of AES.

20. APPLICABLE LAW - This Agreement shall be governed by the laws of the State of California. Any lawsuit arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Orange County, California, and the parties agree to jurisdiction and venue in such state and county. The prevailing party in any action arising out of or relating to this Agreement shall be entitled to recover its attorney’s fees and costs from the non-prevailing party.

21. MODIFICATIONS - No modifications of this agreement shall be binding upon the parties hereto or either of them unless such modifications shall be in writing accepted by a duly authorized agent of AES and approved at AES management. 205 N Bush St., Santa Ana, CA 92701 | Phone 714.783.7334 Fax 714.783.7411 | www.aesglobal.com

March 5, 2024, Reg. CC Mtg., Page # 217
1 TO: City Council
FROM: Joe Hoefgen, Interim City Manager
PREPARED BY: Carla Dillon, P.E., Public Works Director
Joe Vida, Management Analyst
MEETING DATE: March 5, 2024
SUBJECT: Modification of Parking Time Limitation on Narbonne Avenue

RECOMMENDATION
To modify the parking time limit from one (1) hour to two (2) hours at 25507 Narbonne Avenue.

BACKGROUND
Staff received a request from a business owner on Narbonne Avenue, just south of 255th Street, to modify signage to permit two-hour parking in lieu of one-hour parking at this location. The modification is requested on Southbound Narbonne Avenue from the red zone at the intersection of 255th Street extending to the driveway that separates the business located at 25509 Narbonne Avenue.

As there are many businesses that front Narbonne Avenue, the parking availability includes Loading Zones, no restrictions (other than street sweeping), and two-hour parking. The two-hour parking areas allow customers adequate time to conduct business and this prevents the parking spaces from being occupied for a full day.

A modification to two hours would be consistent with the parking restrictions on Narbonne Avenue and in the downtown area. This modification will provide not only consistency, but also better serve businesses and customers in this area.

This item was discussed at the Public Safety and Traffic Commission on February 21, 2024, and the Commission has recommended the proposed action to the City Council.

Item No. 7g

CITY OF LOMITA

CITY COUNCIL REPORT
March 5, 2024, Reg. CC Mtg., Page # 218
2 Figure 1: Location of Parking Sign

FISCAL IMPACT
It is anticipated that the cost to modify the sign, including materials and labor, will be approximately $300.

OPTIONS

1. Approve staff’s recommendation.

2. Provide alternative direction.

Reviewed by: Approved by:
_______________________
Gary Y. Sugano ______________________
Assistant City Manager Joe Hoefgen
Interim City Manager
Prepared by: Prepared by:
________________________ _______________________
Carla Dillon, P.E. Joe Vida
Public Works Director / City Engineer Management Analyst March 5, 2024, Reg. CC Mtg., Page # 219
TO: City Council
FROM: Joe Hoefgen, Interim City Manager
PREPARED BY: Juan Ibarra, Administrative Analyst
MEETING DATE: March 5, 2024
SUBJECT: Discussion and Consideration to Adopt Resolution No. 2024-03 Authorizing a Forgivable Loan in the Amount of $35,000 through the City’s Job Creation and Business Incentive Program to The Hive Vintage Collective

RECOMMENDATION
Adopt Resolution No. 2024-03 and authorize the Interim City Manager to sign the applicable program agreements on behalf of the City.

SUMMARY
The City received a completed Job Creation and Business Incentive (JCBI) application from Cesilia Bracamontes, the owner of the new business named The Hive Vintage Collective. The applicant is requesting a $35,000 forgivable loan for store displays, fixtures, equipment, security system and a register system. Consistent with the terms of the program approved by the City Council, the final loan amount and any accumulated interest will be forgiven at the conclusion provided that all the terms and conditions of the Program are met, including the creation of one permanent full-time job for a low-income qualifying individual for the period of one year from the employee’s start date.

BACKGROUND
On February 7, 2023, the Community Development Advisory Board approved the JCBI Program and the Job Creation and Business Incentive Loan Program currently has $74,862 available. This economic development program is consistent with funding requirements from both the Federal Government and the Los Angeles County Community Development Authority (LACDA). To participate in the program, applicants must: 1) be located within the Downtown Commercial zone, and 2) agree to create one permanent full-time equivalent job for a qualifying low-income individual per $35,000 loaned. In meeting the requirements of the program, the final loan amount and any accumulated interest will be forgiven at the conclusion of the one-year participation period. The Item No. SCH 8a

CITY OF LOMITA

CITY COUNCIL REPORT
March 5, 2024, Reg. CC Mtg., Page # 220
JCBI Program Application: The Hive Business Collective
City Council March 5, 2024

Program Guidelines include the evaluation of the application by a Loan Review Committee (LRC) charged with ensuring the application aligns with the requirements and goals of the program making a final recommendation to the City Council. The Loan Review Committee consisted of the following: the Interim City Manager, Assistant City Manager, Community and Economic Development Director and Administrative Analyst.

DISCUSSION
On January 30, 2024, the Loan Review Committee convened to review and discuss the application received from the owner of the new business located at 24603 Narbonne Ave. called the Hive Vintage Collective. The applicant (Cesilia Bracamontes) is requesting a $35,000 loan for store displays, fixtures, equipment, security system and a register system and she committed to provide a vehicle as collateral along with a check for $15,000. Should the business fulfill the obligation of creating one new full-time position (or equivalent) for one year, the loan amount will be forgiven.

The proposed expenditures include:

Item Cost
Store Displays, Fixtures and Equipment $30,355
Security System $4,644
Register System $2,686
Total Project Cost $37,685
Proposed CDBG Funding $35,000
Balance paid by Applicant $2,685
Based on the review of the Loan Review Committee, the application satisfies the Program requirements and provides adequate collateral. The applicant is a Lomita resident with a successful Lomita Business (Retro Reload) in operation. With the collateral provided and the applicant’s history of operating a successful Lomita business, the City assumes minimal risk in funding the loan. The Committee is recommending approval of the loan based on the above and the determination that the business advances the goals of the Downtown Vision and promotes the Downtown Commercial zone, and the City as a whole, as a positive venue to do business.

The Loan Review Committee determined that the application satisfies the Program requirements and has recommended the application to the Council for approval.

The application was reviewed with the applicable funding requirements and guidelines for JCBI Program as follows:

March 5, 2024, Reg. CC Mtg., Page # 221
JCBI Program Application: The Hive Business Collective
City Council March 5, 2024

1. Basic Requirements Compliance

Physically located within the City of
Lomita’s Downtown Commercial zone?
The proposed project is physically located
within the City of Lomita’s Downtown
Commercial zone.

New sales tax generating businesses; or
Existing sales tax generating
businesses which are expanding their
gross floor area by 20% or more as
determined by square footage?
The applicant is a new sales tax
generating business.

Program funding can be used only for
activities including: interior and/or
exterior physical improvements and
construction; purchase of business
equipment or fixtures permanently
affixed to the property; and soft Costs
such as (but not limited to): escrow costs
(title, recordation, etc.), hazardous
materials testing removal or abatement,
architecture or engineering plans, and
interior design fees.

The applicant is requesting $35,000 for
the following items for their new
business:
i. Store Displays, Fixtures and
equipment – $30,355.22
ii. Security System – $4,644.85
iii. Register System - $2,686

2. Funding Goals Compliance

The new use would fulfill an unmet need
within the community?
The new business would advance the
City’s effort to revitalize the Downtown.

The new use would create additional
low-income jobs within the City?
Applicant has committed to fulfilling the
low-income job requirement component
of the program.

The new use would encourage
additional foot traffic and social activity
within the proposed business location?
The new business will encourage
additional foot traffic and social activity
within the proposed business location.

The new use would diversify the City's
sales tax base?
This business will diversify the City's
sales tax base as the first 70’s theme
retail shop in the Downtown.

March 5, 2024, Reg. CC Mtg., Page # 222
JCBI Program Application: The Hive Business Collective
City Council March 5, 2024

3. Application Criteria Compliance
 Ability to Pay? Applicant will provide a vehicle and a check for $15,000 as collateral.
 Balance Sheet Analysis? Balance sheet is sound.
 Earnings History?
The applicant has a lucrative earning
history and is a successful business
owner. Applicant owns another strong
local business (Retro Reload) in Lomita’s
downtown district.
 Collateral? Applicant will provide personal vehicle
and a check for $15,000 as collateral.
 Commitment? Applicant will sign agreement with City to satisfy all program requirements.
 Management experience?
Applicants have provided employment
history which demonstrates an extensive
amount of time in the retail industry, which
includes managerial and hands-on
experience.
 Business Plan? The applicant provided a sound monthly cash flow prediction for the first year.
 Character?
The applicant has exhibited good
character and been timely with applying
for all appropriate permit applications, etc.
 Niche?
This business will be the only 70’s theme
retail shop in Downtown Lomita. The
business will offer unique 70’s theme
products such as vintage clothing,
accessories, and home décor.

4. Application Package Compliance
 City received complete application?
The applicant provided complete
application with necessary accompanying
documentation.

5. Undesirable Conditions Compliance

Application meets none of the
Undesirable Conditions described in the
Program Guidelines?
The applicant meets none of the
Undesirable Conditions described in the
Program Guidelines.

March 5, 2024, Reg. CC Mtg., Page # 223
JCBI Program Application: The Hive Business Collective
City Council March 5, 2024

FISCAL IMPACT
Approval of the attached Resolution will result in a $35,000 drawdown from the CDBG Business Program account (account number 215-560-5340). These funds have been allocated for this program and in the FY 2023-2024 budget.

OPTIONS:

1. Approve the Resolution

2. Do not approve the Resolution.

3. Provide staff alternative direction.

ATTACHMENTS

1. Resolution

2. JCBI Loan Agreement
Reviewed by: Approved by:
__________________________ ______________________
Gary Sugano Joe Hoefgen
Assistant City Manager Interim City Manager
Prepared by:

Juan Ibarra
Administrative Analyst
March 5, 2024, Reg. CC Mtg., Page # 224
RESOLUTION NO. 2024-03

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMITA,

CALIFORNIA, APPROVING THE JOB CREATION AND BUSINESS

INCENTIVE PROGRAM REQUEST FOR CESILIA BRACAMONTES

FOR THE BUSINESS THE HIVE VINTAGE COLLECTIVE LOCATED AT 24603 NARBONNE AVE., LOMITA FOR THE AMOUNT OF $35,000

SUBJECT TO TERMS AND CONDITIONS

THE CITY COUNCIL OF THE CITY OF LOMITA, CALIFORNIA, DOES HEREBY FIND, ORDER AND RESOLVE AS FOLLOWS:

Section 1. Recitals
A. The City Council of the City of Lomita has considered a request for a $35,000 forgivable loan through the City’s Job Creation and Business Incentive (JCBI) Program from Cesilia Bracamontes, for the business The Hive Vintage Collective subject to the terms and conditions listed within the JCBI Program guidelines.

B. On January 30, 2024, the City’s JCBI Loan Review Committee convened to review the application and recommended City Council approval.

C. The subject property is located at 24603 Narbonne Ave., within the City’s Downtown Commercial zone; a requirement of the JCBI Program.

D. The Hive Vintage Collective is a brand new business and the first 70’s theme retail in shop to establish within the Downtown. Due to that it meets the JCBI funding goals of: 1) providing a new use that the City currently does not have; 2) creating additional jobs for low-income persons; 3) creating additional foot traffic and social activity; and, 4) diversifying the City’s sales tax base.

E. Cesilia Bracamontes, Program Applicant, meet all of the application criteria requirements, are providing sufficient collateral, and do not have any of the Program Guidelines listed Undesirable Conditions.

F. The applicants agree to and accept all program conditions and terms and will enter into an agreement with the City.

Attachment 1
March 5, 2024, Reg. CC Mtg., Page # 225
Resolution No. 2024-03

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lomita hereby approves the JCBI application submitted by Cesilia Bracamontes for the business of The Hive Business Collective and authorizes the City Manager to sign the applicable program documents.

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 it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED, this 5
th day of March 2024.

Bill Uphoff, Mayor
ATTEST:

Kathleen Horn Gregory, City Clerk
APPROVED AS TO FORM:

Trevor Rusin, City Attorney
March 5, 2024, Reg. CC Mtg., Page # 226
Attachment 2
March 5, 2024, Reg. CC Mtg., Page # 227
March 5, 2024, Reg. CC Mtg., Page # 228
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March 5, 2024, Reg. CC Mtg., Page # 238
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March 5, 2024, Reg. CC Mtg., Page # 245
March 5, 2024, Reg. CC Mtg., Page # 246
1 TO: City Council
FROM: Joe Hoefgen, Interim City Manager
PREPARED BY: Brianna Rindge, Community & Economic Development Director MEETING DATE: March 5, 2024
SUBJECT: Discussion and Consideration of a Professional Services Agreement with Man One Art and MuralColors for the Creation of a Mural upon the Softball Shed at Lomita Park

RECOMMENDATION
Authorize the City Manager to execute contracts with Man One Art and MuralColors for the creation of a mural upon the softball shed at Lomita Park.

BACKGROUND
The City of Lomita is dedicated to the improvement of our community through measures that combat vandalism while also promoting artistic expression and beauty. Our city features many large, blank walls, or “blank canvases”, that can be enticing to vandals.

Visible signs of disorder such as graffiti within a community may perpetuate and exacerbate harmful conduct. More formal covering of “blank canvases” through design strategies such as murals can help to ensure that we are not only ridding our city of graffiti, but also promoting beauty through creative expression. To ensure that we are striving towards this mission, in 2023, the City launched a graffiti abatement campaign, a “3-Brushed Approach to Graffiti Abatement”:
1) Cover Your Canvas [ideas for property owners to prevent graffiti] 2) Care For Your Canvas [graffiti-related laws and measures available for its removal] 3) Common Canvas [education & artistic expression in real life!] Staff has included this information in newsletters and created a central landing page on the website for the campaign and will expand the available information soon to include instructions for permissive removal and public property reporting.

Item No. SCH 8b

CITY OF LOMITA

CITY COUNCIL REPORT
March 5, 2024, Reg. CC Mtg., Page # 247
2 DISCUSSION
1) Cover Your Canvas [ideas for property owners to prevent graffiti] • Graffiti-resistant coating: Various types of coatings chemically designed to protect surfaces from graffiti are available for purchase at hardware stores, home improvement stores, and Amazon.
• Install lighting: Proper lighting can deter graffiti artists as it may be easier to complete a tagging in a poorly lit area.
• Install security cameras: Security cameras may help to identify vandals, which decreases the likelihood of future graffiti.
• Buffer physical access to the canvas with landscaping: Enhance your property with natural beauty such as bushes, hedges, and/or flowers near walls to create a physical buffer that inhibits artist access.
• Plant trees: Planting trees in front of blank walls can make it more difficult to access and tag walls. Trees also limit visibility of any tagging on the walls, making the location less desired by graffiti artists.
• Cover with wall vegetation: Ivy and other similar vegetation can physically prevent graffiti as it creates a natural plant barrier on the surface of the wall while also adding to aesthetic.
• Add lattice or replace with a perforated design: Graffiti artists typically tag flat, seamless surfaces, so consider adding lattice work or a perforated design for enhanced dimension. This may include decorative punch-outs in walls or an additional perforated layer fastened to the wall.
• Repaint with a multicolor pattern or mural: Graffiti is more visible when a wall is painted using one color, so it is best to include patterns with diverse and alternating colors to deter tagging. Murals are permitted and encouraged within Lomita with Planning Commission approval. Look for a few popping up this winter and spring around Downtown Lomita! Please reach out to the Lomita Planning Division for more information at [email protected] or 310-325-7110.

Staff is working on a resolution to reduce fees associated with mural approvals to be considered by City Council in early 2024.

March 5, 2024, Reg. CC Mtg., Page # 248
3 Copies of this flyer are available at the front counter at City Hall. Code Enforcement also hands out copies to property owners of repeat tagging.

March 5, 2024, Reg. CC Mtg., Page # 249
4 2) Care For Your Canvas [graffiti-related laws and measures available for its removal]
Lomita Municipal Code maintains measures to protect all properties and prevent future graffiti. You may report the identification of a code violation to [email protected] by phone at 310-325-7110, extension 156.
 Penalty: Any person who writes, sprays, scratches, or otherwise affixes graffiti on any real or personal property not his or her own is guilty of an infraction.  Graffiti & Minors: No person shall sell or give to a minor any aerosol container that is capable of defacing property.
• No minor shall purchase an aerosol container of paint that is capable of defacing property.
• No minor shall possess an aerosol container for the purpose of defacing property while upon any public place.
• No person, other than a parent or legal guardian, shall furnish a graffiti implement to a minor.
 Required Signage: Businesses offering aerosol paint containers must post a sign stating: "Any person who maliciously defaces real or personal property with paint is guilty of vandalism which is punishable by fine, imprisonment or both."  Graffiti-Related Materials: No person shall carry an aerosol container of paint while in any posted public facility.
 Graffiti Removal:
• Owners shall remove graffiti from private property within the amount of days indicated by notice, otherwise Code Enforcement must proceed with citations.
• Permissive Removal: If a property owner consents, the City may remove graffiti on behalf of the property owner subject to a fee. This form will soon be available on this webpage.
• Public Nuisance: If a property owner fails to remove graffiti or elect for Permissive Removal, the site may be declared a Public Nuisance, forcing removal.
3) Common Canvas [education & artistic expression in real life!] The City recognizes that graffiti is often the product of not having a proper creative outlet.

Through teaching students about the importance of consent and community and providing the tools to beautify our city, Common Canvas aims to prevent future vandalism.

With the support of the Parks and Recreation Commission and City Council’s Economic Development Subcommittee, staff met with all fifth grade students at Lomita Magnet, St.

Margaret Mary’s, President Elementary, and Eshelman Elementary for an hour each during the months of January and February, 2024 to introduce a mural contest. Staff determined that the softball shed at Lomita Park is so frequently tagged that a mural may deter future tagging and the repeat maintenance cost that comes with it. The meetings also included engaging question-and-answer sessions and inspirational discussions.

Staff supplied the teachers with two handouts: (1) a sheet with the dimensions of the shed March 5, 2024, Reg. CC Mtg., Page # 250
5 scaled to fit on the paper; and (2) a trifold pamphlet to share with parents (see Attachments 3 and 4). The presentation is included herein as Attachment 5.

Staff does not have the capacity to bring the mural to life, so this staff report requests approval of two contracts for a muralist and fabrication team to do so. After conducting interviews of several artists and considering cost, staff recommends moving forward with Man One Art and his installation team at MuralColors. Man One has worked with the U.S.

Department of Health and Human Services’ Centers for Disease Control, the Mexican Consulate in the U.S., and the U.S. Embassy in Panama. There he demonstrated to Panamanian children and teenagers how art could build self-esteem and self-respect to help you overcome any situation. He has also led art workshops with youth in Japan, Germany, and throughout the U.S. His work has been exhibited in many museums including the Museum of Contemporary Art in Los Angeles, The Getty, Pasadena Museum of California Art, LACMA, Orange County Center for Contemporary Art in Santa Ana, Pacific Asia Museum in Pasadena, Parco Museum in Tokyo and the Smithsonian Institute in Washington D.C. The team reviewed the PSA with the City and finds the terms acceptable.

Student submittals are due March 4 and, on March 7, a panel of elected officials to include two councilmembers and Parks and Recreation Commissioners will convene to select a winner or group of winners. Upon selection and notification, MuralColors will install the mural panels, Man One will create the mural, and MuralColors will apply antigraffiti coating. The mural will be unveiled in a location at Lomita Park as part of the Anti-Gang and Drug Free Walk on April 25, 2024. Staff anticipates completion of all work described within Attachments 1 and 2 by this date, but will be charged no later than this current fiscal year of 2023-2024.

FISCAL IMPACT
The artist’s cost for a 7.5’x20’ mural upon the softball shed is $13,000.00 and includes design, artist labor, painting materials, and clear coat. Attachment 1 includes a 10% contingency for a total not-to-exceed amount of $14,300.00. For panel installation, cutto-size fabrication, installation, and anti-graffiti coating, MuralColors requests $2,993.50.

Attachment 2 includes a ~5% contingency for a total not-to-exceed amount of $3,150.00.

The cost between the two contracts for the entire mural creation totals $17,450.00. If approved, a budget appropriation of $17,450.00 will be added to 100-410-5340.000 for Fiscal Year 2023/2024.

OPTIONS

1. Authorize the City Manager to execute the agreements.

2. Do not authorize the City Manager to execute the agreements.

3. Provide staff with further direction.

March 5, 2024, Reg. CC Mtg., Page # 251
6 ATTACHMENTS

1. Professional Services Agreement with Man One Art

2. Professional Services Agreement with MuralColors

3. Scaled Template

4. Parent Brochure

5. Presentation to Fifth Graders
Reviewed by: Approved by:

Gary Y. Sugano Joe Hoefgen
Assistant City Manager Interim City Manager
Prepared by:
________________
Brianna Rindge
Community & Economic Development Director
March 5, 2024, Reg. CC Mtg., Page # 252

CONTRACT FOR PROFESSIONAL SERVICES

BETWEEN

THE CITY OF LOMITA AND MAN ONE ART

This AGREEMENT for LOMITA PARK MURAL INSTALLATION is entered into this __ day of ___ 20__, by and between the CITY OF LOMITA, a general law city and municipal corporation (“CITY”) and MAN ONE ART (“CONTRACTOR”).

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 mural painting and education.

C. CONTRACTOR warrants to CITY that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.

D. CITY desires to contract with CONTRACTOR to perform the services as described in Exhibit A of this Agreement.

NOW, THEREFORE, based on the foregoing recitals, CITY and CONTRACTOR agree as follows:

1. CONSIDERATION AND COMPENSATION.

A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, attached as Exhibit A;
B. As an additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement.

C. As additional consideration, CITY agrees to pay CONTRACTOR an amount of $13,000.00 the CONTRACTOR’s estimated costs of its services, unless otherwise specified by written amendment to this Agreement. The City Council has also approved an additional 10% of these estimated costs, or up to $1,300.00, for unexpected contingencies, or a total, not-to-exceed amount of $14,300.00. If CONTRACTOR incurs expenses exceeding its estimated costs of $14,300.00, the CONTRACTOR must request such expenses in writing, and the CITY’s City Manager or his designee must approve of such requests, for CONTRACTOR to receive compensation for those costs.

Attachment No. 1
March 5, 2024, Reg. CC Mtg., Page # 253

D. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his designee.

E. CONTRACTOR 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 CONTRACTOR all uncontested amounts set forth in the CONTRACTOR'S bill within 30 days after it is received.

2. SCOPE OF SERVICES.

A. CONTRACTOR will perform the services and activities set forth in the SCOPE OF SERVICES attached hereto as Exhibit A and incorporated herein by this reference.

If any part of Exhibit A is inconsistent with the terms of this Agreement, the terms of this Agreement shall control.

B. Except as herein otherwise expressly specified to be furnished by CITY, CONTRACTOR will, in a professional manner, furnish all 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 CONTRACTOR by this Agreement.

3. PAYMENTS. For CITY to pay CONTRACTOR as specified by this Agreement, CONTRACTOR 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 CONTRACTOR 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, CONTRACTOR represents that CONTRACTOR has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

6. KEY PERSONNEL. CONTRACTOR’s key person assigned to perform work under this Agreement is ALEJANDRO POLI. CONTRACTOR 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, 2024, unless earlier termination occurs under Section 13 of this Agreement or extended in writing in advance by both parties.

March 5, 2024, Reg. CC Mtg., Page # 254

8. BEST MANAGEMENT PRACTICES AND TRAINING. The contractor shall implement and maintain activity specific Best Management Practices (BMPs) to prevent pollutant loading from stormwater and non-stormwater discharges to receiving waters as required in Municipal NPDES Permit No. CAS004004. Contracting staff whose primary job duties are related to implementation of BMPs shall be adequately trained to effectively implement, operate, and maintain such BMPs and must be versed in factors affecting BMP effectiveness. The contractor shall certify they have received all applicable training to implement the requirements in Municipal NPDES Permit No.

CAS004004 and shall provide documentation to that effect.

9. 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 CONTRACTOR and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with the written agreement between the parties.

10. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number.

11. PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this Agreement all permits, licenses, and certificates that may be required by local, state, and federal laws in connection with the performance of services under this Agreement, including a business license as specified in Title VI, Chapter 2 of the Lomita Municipal Code.

12. LAWS AND REGULATIONS; EMPLOYEE/LABOR CERTIFICATION.

CONTRACTOR 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. CONTRACTOR 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.

13. PREVAILING WAGE.

A. Prevailing Wage. CONTRACTOR is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, CONTRACTOR agrees to fully comply with such Prevailing Wage Laws.

Upon request, CITY shall provide CONTRACTOR with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.

CONTRACTOR shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available March 5, 2024, Reg. CC Mtg., Page # 255

to interested parties upon request and shall post copies at the CONTRACTOR’S principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and CONTRACTOR shall therefore comply with such Labor Code sections to the fullest extent required by law.

CONTRACTOR shall defend, indemnify and hold the CITY, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

B. Registration/DIR Compliance. If the services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, CONTRACTOR and all subcontractors must be registered with the Department of Industrial Relations (“DIR”). CONTRACTOR shall maintain registration for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be CONTRACTOR’S sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against CONTRACTOR or any subcontractors that affect CONTRACTOR’S performance of services, including any delay, shall be CONTRACTOR’S sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered CONTRACTOR caused delay and shall not be compensable by CITY.

CONTRACTOR shall defend, indemnify and hold CITY, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against CONTRACTOR or any subcontractor.

C. Labor Certification. By its signature hereunder, CONTRACTOR certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.

D. Employment of Apprentices. CONTRACTOR and all subcontractors shall comply with the requirements of Labor Code sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

E. CONTRACTOR or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project entered into between the CONTRACTOR and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money March 5, 2024, Reg. CC Mtg., Page # 256

that is paid or may have been paid to a debarred subcontractor by CONTRACTOR on the project shall be returned to CITY. The CONTRACTOR shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.

F. CONTRACTOR agrees to bind every subcontractor to the terms of the Agreement as far as such terms are applicable to subcontractor’s portion of the work.

CONTRACTOR shall be as fully responsible to CITY for the acts and omissions of its subcontractor and of persons either directly or indirectly employed by its subcontractor, as CONTRACTOR is for acts and omissions of persons directly employed by CONTRACTOR. Nothing contained in these Agreement shall create any contractual relationship between any subcontractor and CITY.

14. 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. CONTRACTOR may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date.

C. In the event of such termination, CONTRACTOR shall cease services as of the date of termination, all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONTRACTOR shall, at CITY’s option, become CITY’s property, and CONTRACTOR will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination.

D. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.

15. INDEMNIFICATION.

A. CONTRACTOR 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 CONTRACTOR's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, regardless of CITY’S passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of CITY. Should CITY in its sole discretion find CONTRACTOR’S legal counsel unacceptable, then CONTRACTOR shall reimburse CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation.

CONTRACTOR shall promptly pay any final judgment rendered against CITY (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State March 5, 2024, Reg. CC Mtg., Page # 257

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 CONTRACTOR as required by Section 19, 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 CONTRACTOR pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.

16. ASSIGNABILITY. This Agreement is for CONTRACTOR’s professional services.

CONTRACTOR’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.

17. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that THE CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which it is performed. THE CONTRACTOR will be free to contract for similar service to be performed for other employees while under contract with CITY. CONTRACTOR 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 CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only.

18. AUDIT OF RECORDS.

A. THE CONTRACTOR agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement.

CONTRACTOR 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.

CONTRACTOR further agrees to maintain such records for a period of three (3) years following final payment under this Agreement.

B. CONTRACTOR will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement.

19. CORRECTIVE MEASURES. CONTRACTOR will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONTRACTOR will be given a reasonable amount of time as determined by CITY to implement said corrective measures. Failure of CONTRACTOR to implement required corrective measures shall result in immediate termination of this Agreement.

March 5, 2024, Reg. CC Mtg., Page # 258

20. INSURANCE REQUIREMENTS.

A. CONTRACTOR, at CONTRACTOR’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. CONTRACTOR 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 CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against CITY, its officers, agents, employees, and volunteers for losses arising from work performed by CONTRACTOR for CITY.

2. General Liability Coverage. CONTRACTOR 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. CONTRACTOR shall maintain automobile liability insurance covering bodily injury and property damage for all activities of CONTRACTOR 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. CONTRACTOR shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from CONTRACTOR’S operations under this Agreement, whether such operations be by CONTRACTOR or by its employees, subcontractors, or subcontractors. 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,” CONTRACTOR 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 CONTRACTOR for all claims made by CITY arising out of any errors or omissions of CONTRACTOR, 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 March 5, 2024, Reg. CC Mtg., Page # 259

California, or which is approved in writing by CITY, and shall be endorsed as follows. CONTRACTOR 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 CONTRACTOR, including materials, parts, or equipment furnished in connection with such work or operations.”

2. This policy shall be considered primary insurance as respects CITY, its elected or appointed officers, officials, employees, agents, and volunteers.

Any insurance maintained by CITY, including any self-insured retention CITY may have, shall be considered excess insurance only and shall not contribute with this policy.

3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.

4. The insurer waives all rights of subrogation against CITY, its elected or appointed officers, officials, employees, or agents.

5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to CITY, its elected or appointed officers, officials, employees, agents, or volunteers.

6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days’ written notice has been received by CITY.

C. CONTRACTOR 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 CITY. At CITY’s option, CONTRACTOR shall demonstrate financial capability for payment of such deductibles or self-insured retentions.

E. CONTRACTOR 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.

March 5, 2024, Reg. CC Mtg., Page # 260

F. Failure on the part of CONTRACTOR to procure or maintain the required insurance shall constitute a material breach of contract under which CITY may terminate this Agreement pursuant to Section 13 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 CONTRACTOR (as the named insured) should CONTRACTOR 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. CONTRACTOR understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONTRACTOR as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CONTRACTOR’S behalf upon CONTRACTOR’S failure or refusal to do so to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against Contractor for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.

21. USE OF OTHER CONTRACTORS. THE CONTRACTOR must obtain CITY’s prior written approval to use any Contractors while performing any portion of this Agreement. Such approval must include approval of the proposed Contractor and the terms of compensation.

22. FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONTRACTOR 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 CONTRACTOR for anything done, furnished or relating to the CONTRACTOR’S work or services. Acceptance of payment shall be any negotiation of CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by CITY shall not constitute, nor be deemed, a release of the responsibility and liability of CONTRACTOR, its employees, sub-Contractors 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 CONTRACTOR, its employees, sub-Contractors and agents.

23. CORRECTIONS. In addition to the above indemnification obligations, the CONTRACTOR shall correct, at its expense, all errors in the work which may be disclosed during the CITY’S review of CONTRACTOR’S report or plans. Should the CONTRACTOR 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 CONTRACTOR. 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 CONTRACTOR under this Agreement up to the amount of the cost of correction.

March 5, 2024, Reg. CC Mtg., Page # 261

24. NON-APPROPRIATION OF FUNDS. Payments to be made to CONTRACTOR 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 CONTRACTOR’S services beyond the current fiscal year, the Agreement shall cover payment for CONTRACTOR’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.

25. 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 CONTRACTOR
City of Lomita
24300 Narbonne Avenue
Lomita, CA 90717
ATTN: City Manager
Man One Art
2814 Oak Creek Dr Unit E
Ontario, CA 91761
ATTN: Alejandro Poli Jr.

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.

26. SOLICITATION. CONTRACTOR maintains and warrants that it has not employed nor retained any company or person, other than CONTRACTOR’s bona fide employee, to solicit or secure this Agreement. Further, CONTRACTOR warrants that it has not paid, nor has it agreed to pay any company or person, other than CONTRACTOR’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 CONTRACTOR breach or violate this warranty, CITY may rescind this Agreement without liability.

27. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONTRACTOR and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the CONTRACTOR’s or CITY’s obligations under this Agreement.

28. 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.

March 5, 2024, Reg. CC Mtg., Page # 262

29. 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.

30. 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.

31. 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.

32. 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.

33. 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.

34. TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided.

35. 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.

36. STATEMENT OF EXPERIENCE. By executing this Agreement, CONTRACTOR represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY.

CONTRACTOR represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private Contractors, and experience in dealing with public agencies all suggest that CONTRACTOR is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency.

March 5, 2024, Reg. CC Mtg., Page # 263

37. DISCLOSURE REQUIRED. (CITY and CONTRACTOR initials required at one of the following paragraphs)
By their respective initials next to this paragraph, CITY and CONTRACTOR hereby acknowledge that CONTRACTOR is a “contractor” for the purposes of the California Political Reform Act because CONTRACTOR’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 CONTRACTOR employed by CITY. CONTRACTOR hereby acknowledges his or her assumingoffice, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the CITY’S Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to the Contractor commencing services hereunder, the City’s Manager shall prepare and deliver to CONTRACTOR a memorandum detailing the extent of CONTRACTOR’S disclosure obligations in accordance with the CITY’S Conflict of Interest Code.

City Initials ______
Contractor Initials ______
OR
By their initials next to this paragraph, CITY and CONTRACTOR hereby acknowledge that CONTRACTOR is not a “contractor” for the purpose of the California Political Reform Act because CONTRACTOR’S duties and responsibilities are not within the scope of the definition of contractor in Fair Political Practice Commission Regulation 18700.3(a)(2) and is otherwise not serving in staff capacity in accordance with CITY’S Conflict of Interest Code.

City Initials ______
Contractor Initials ______
[signatures on following page]
March 5, 2024, Reg. CC Mtg., Page # 264

IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.

CITY OF LOMITA CONTRACTOR
Joe Hoefgen, Interim City Manager By: Alejandro Poli, Jr.

ATTEST:
xx-xxxxxx
Kathleen Horn Gregory, City Clerk Taxpayer ID No.

APPROVED AS TO FORM:

Trevor Rusin, City Attorney
March 5, 2024, Reg. CC Mtg., Page # 265
From: Man One
To: Whitney Weisberg
Cc: Brianna Rindge
Subject: Re: City of Lomita: Mural Interest
Date: Tuesday, January 2, 2024 6:09:35 PM
Hi Whitney,
Happy New Year!
Hope all is well.

Below are my final project cost estimates:
-I will put together a 30-45 minute presentation
With time for q+a from the students.
-please provide digital projector or large
monitor for visuals.

Costs for 7.5’ x 20’ mural: $13k
-includes: design, artist labor, painting materials, clear coat, etc. *Does not include wall construction or mural fabric installation.

Lmk if I’ve missed anything.

Ready for next steps!
Talk soon. Thanks.

Exhibit A
March 5, 2024, Reg. CC Mtg., Page # 266

CONTRACT FOR PROFESSIONAL SERVICES

BETWEEN

THE CITY OF LOMITA AND MURALCOLORS

This AGREEMENT for LOMITA PARK MURAL INSTALLATION is entered into this __ day of ___ 20__, by and between the CITY OF LOMITA, a general law city and municipal corporation (“CITY”) and MURALCOLORS (“CONTRACTOR”).

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 mural fabrication.

C. CONTRACTOR warrants to CITY that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.

D. CITY desires to contract with CONTRACTOR to perform the services as described in Exhibit A of this Agreement.

NOW, THEREFORE, based on the foregoing recitals, CITY and CONTRACTOR agree as follows:

1. CONSIDERATION AND COMPENSATION.

A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, attached as Exhibit A;
B. As an additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement.

C. As additional consideration, CITY agrees to pay CONTRACTOR an amount of $2993.50, the CONTRACTOR’s estimated costs of its services, unless otherwise specified by written amendment to this Agreement. The City Council has also approved an additional approximately 5% of these estimated costs, or up to $150, for unexpected contingencies, or a total, not-to-exceed amount of $3,150.00. If CONTRACTOR incurs expenses exceeding its estimated costs of $3,150.00, the CONTRACTOR must request such expenses in writing, and the CITY’s City Manager or his designee must approve of such requests, for CONTRACTOR to receive compensation for those costs.

Attachment No. 2
March 5, 2024, Reg. CC Mtg., Page # 267

D. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his designee.

E. CONTRACTOR 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 CONTRACTOR all uncontested amounts set forth in the CONTRACTOR'S bill within 30 days after it is received.

2. SCOPE OF SERVICES.

A. CONTRACTOR will perform the services and activities set forth in the SCOPE OF SERVICES attached hereto as Exhibit A and incorporated herein by this reference.

If any part of Exhibit A is inconsistent with the terms of this Agreement, the terms of this Agreement shall control.

B. Except as herein otherwise expressly specified to be furnished by CITY, CONTRACTOR will, in a professional manner, furnish all 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 CONTRACTOR by this Agreement.

3. PAYMENTS. For CITY to pay CONTRACTOR as specified by this Agreement, CONTRACTOR 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 CONTRACTOR 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, CONTRACTOR represents that CONTRACTOR has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

6. KEY PERSONNEL. CONTRACTOR’s key person assigned to perform work under this Agreement is ALEJANDRO POLI. CONTRACTOR 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, 2024, unless earlier termination occurs under Section 13 of this Agreement or extended in writing in advance by both parties.

March 5, 2024, Reg. CC Mtg., Page # 268

8. BEST MANAGEMENT PRACTICES AND TRAINING. The contractor shall implement and maintain activity specific Best Management Practices (BMPs) to prevent pollutant loading from stormwater and non-stormwater discharges to receiving waters as required in Municipal NPDES Permit No. CAS004004. Contracting staff whose primary job duties are related to implementation of BMPs shall be adequately trained to effectively implement, operate, and maintain such BMPs and must be versed in factors affecting BMP effectiveness. The contractor shall certify they have received all applicable training to implement the requirements in Municipal NPDES Permit No.

CAS004004 and shall provide documentation to that effect.

9. 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 CONTRACTOR and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with the written agreement between the parties.

10. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number.

11. PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this Agreement all permits, licenses, and certificates that may be required by local, state, and federal laws in connection with the performance of services under this Agreement, including a business license as specified in Title VI, Chapter 2 of the Lomita Municipal Code.

12. LAWS AND REGULATIONS; EMPLOYEE/LABOR CERTIFICATION.

CONTRACTOR 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. CONTRACTOR 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.

13. PREVAILING WAGE.

A. Prevailing Wage. CONTRACTOR is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, CONTRACTOR agrees to fully comply with such Prevailing Wage Laws.

Upon request, CITY shall provide CONTRACTOR with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.

CONTRACTOR shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available March 5, 2024, Reg. CC Mtg., Page # 269

to interested parties upon request and shall post copies at the CONTRACTOR’S principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and CONTRACTOR shall therefore comply with such Labor Code sections to the fullest extent required by law.

CONTRACTOR shall defend, indemnify and hold the CITY, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

B. Registration/DIR Compliance. If the services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, CONTRACTOR and all subcontractors must be registered with the Department of Industrial Relations (“DIR”). CONTRACTOR shall maintain registration for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be CONTRACTOR’S sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against CONTRACTOR or any subcontractors that affect CONTRACTOR’S performance of services, including any delay, shall be CONTRACTOR’S sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered CONTRACTOR caused delay and shall not be compensable by CITY.

CONTRACTOR shall defend, indemnify and hold CITY, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against CONTRACTOR or any subcontractor.

C. Labor Certification. By its signature hereunder, CONTRACTOR certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.

D. Employment of Apprentices. CONTRACTOR and all subcontractors shall comply with the requirements of Labor Code sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

E. CONTRACTOR or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project entered into between the CONTRACTOR and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money March 5, 2024, Reg. CC Mtg., Page # 270

that is paid or may have been paid to a debarred subcontractor by CONTRACTOR on the project shall be returned to CITY. The CONTRACTOR shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.

F. CONTRACTOR agrees to bind every subcontractor to the terms of the Agreement as far as such terms are applicable to subcontractor’s portion of the work.

CONTRACTOR shall be as fully responsible to CITY for the acts and omissions of its subcontractor and of persons either directly or indirectly employed by its subcontractor, as CONTRACTOR is for acts and omissions of persons directly employed by CONTRACTOR. Nothing contained in these Agreement shall create any contractual relationship between any subcontractor and CITY.

14. 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. CONTRACTOR may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date.

C. In the event of such termination, CONTRACTOR shall cease services as of the date of termination, all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONTRACTOR shall, at CITY’s option, become CITY’s property, and CONTRACTOR will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination.

D. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.

15. INDEMNIFICATION.

A. CONTRACTOR 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 CONTRACTOR's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, regardless of CITY’S passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of CITY. Should CITY in its sole discretion find CONTRACTOR’S legal counsel unacceptable, then CONTRACTOR shall reimburse CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation.

CONTRACTOR shall promptly pay any final judgment rendered against CITY (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State March 5, 2024, Reg. CC Mtg., Page # 271

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 CONTRACTOR as required by Section 19, 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 CONTRACTOR pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.

16. ASSIGNABILITY. This Agreement is for CONTRACTOR’s professional services.

CONTRACTOR’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.

17. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that THE CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which it is performed. THE CONTRACTOR will be free to contract for similar service to be performed for other employees while under contract with CITY. CONTRACTOR 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 CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only.

18. AUDIT OF RECORDS.

A. THE CONTRACTOR agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement.

CONTRACTOR 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.

CONTRACTOR further agrees to maintain such records for a period of three (3) years following final payment under this Agreement.

B. CONTRACTOR will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement.

19. CORRECTIVE MEASURES. CONTRACTOR will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONTRACTOR will be given a reasonable amount of time as determined by CITY to implement said corrective measures. Failure of CONTRACTOR to implement required corrective measures shall result in immediate termination of this Agreement.

March 5, 2024, Reg. CC Mtg., Page # 272

20. INSURANCE REQUIREMENTS.

A. CONTRACTOR, at CONTRACTOR’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. CONTRACTOR 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 CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against CITY, its officers, agents, employees, and volunteers for losses arising from work performed by CONTRACTOR for CITY.

2. General Liability Coverage. CONTRACTOR 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. CONTRACTOR shall maintain automobile liability insurance covering bodily injury and property damage for all activities of CONTRACTOR 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. CONTRACTOR shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from CONTRACTOR’S operations under this Agreement, whether such operations be by CONTRACTOR or by its employees, subcontractors, or subcontractors. 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,” CONTRACTOR 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 CONTRACTOR for all claims made by CITY arising out of any errors or omissions of CONTRACTOR, 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 March 5, 2024, Reg. CC Mtg., Page # 273

California, or which is approved in writing by CITY, and shall be endorsed as follows. CONTRACTOR 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 CONTRACTOR, including materials, parts, or equipment furnished in connection with such work or operations.”

2. This policy shall be considered primary insurance as respects CITY, its elected or appointed officers, officials, employees, agents, and volunteers.

Any insurance maintained by CITY, including any self-insured retention CITY may have, shall be considered excess insurance only and shall not contribute with this policy.

3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.

4. The insurer waives all rights of subrogation against CITY, its elected or appointed officers, officials, employees, or agents.

5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to CITY, its elected or appointed officers, officials, employees, agents, or volunteers.

6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days’ written notice has been received by CITY.

C. CONTRACTOR 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 CITY. At CITY’s option, CONTRACTOR shall demonstrate financial capability for payment of such deductibles or self-insured retentions.

E. CONTRACTOR 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.

March 5, 2024, Reg. CC Mtg., Page # 274

F. Failure on the part of CONTRACTOR to procure or maintain the required insurance shall constitute a material breach of contract under which CITY may terminate this Agreement pursuant to Section 13 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 CONTRACTOR (as the named insured) should CONTRACTOR 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. CONTRACTOR understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONTRACTOR as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CONTRACTOR’S behalf upon CONTRACTOR’S failure or refusal to do so to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against Contractor for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.

21. USE OF OTHER CONTRACTORS. THE CONTRACTOR must obtain CITY’s prior written approval to use any Contractors while performing any portion of this Agreement. Such approval must include approval of the proposed Contractor and the terms of compensation.

22. FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONTRACTOR 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 CONTRACTOR for anything done, furnished or relating to the CONTRACTOR’S work or services. Acceptance of payment shall be any negotiation of CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by CITY shall not constitute, nor be deemed, a release of the responsibility and liability of CONTRACTOR, its employees, sub-Contractors 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 CONTRACTOR, its employees, sub-Contractors and agents.

23. CORRECTIONS. In addition to the above indemnification obligations, the CONTRACTOR shall correct, at its expense, all errors in the work which may be disclosed during the CITY’S review of CONTRACTOR’S report or plans. Should the CONTRACTOR 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 CONTRACTOR. 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 CONTRACTOR under this Agreement up to the amount of the cost of correction.

March 5, 2024, Reg. CC Mtg., Page # 275

24. NON-APPROPRIATION OF FUNDS. Payments to be made to CONTRACTOR 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 CONTRACTOR’S services beyond the current fiscal year, the Agreement shall cover payment for CONTRACTOR’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.

25. 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 CONTRACTOR
City of Lomita
24300 Narbonne Avenue
Lomita, CA 90717
ATTN: City Manager
MuralColors
3020 E Las Hermanas St
Compton, California 90221
ATTN: Davida Persaud
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.

26. SOLICITATION. CONTRACTOR maintains and warrants that it has not employed nor retained any company or person, other than CONTRACTOR’s bona fide employee, to solicit or secure this Agreement. Further, CONTRACTOR warrants that it has not paid, nor has it agreed to pay any company or person, other than CONTRACTOR’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 CONTRACTOR breach or violate this warranty, CITY may rescind this Agreement without liability.

27. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONTRACTOR and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the CONTRACTOR’s or CITY’s obligations under this Agreement.

28. 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.

March 5, 2024, Reg. CC Mtg., Page # 276

29. 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.

30. 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.

31. 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.

32. 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.

33. 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.

34. TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided.

35. 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.

36. STATEMENT OF EXPERIENCE. By executing this Agreement, CONTRACTOR represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY.

CONTRACTOR represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private Contractors, and experience in dealing with public agencies all suggest that CONTRACTOR is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency.

March 5, 2024, Reg. CC Mtg., Page # 277

37. DISCLOSURE REQUIRED. (CITY and CONTRACTOR initials required at one of the following paragraphs)
By their respective initials next to this paragraph, CITY and CONTRACTOR hereby acknowledge that CONTRACTOR is a “contractor” for the purposes of the California Political Reform Act because CONTRACTOR’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 CONTRACTOR employed by CITY. CONTRACTOR hereby acknowledges his or her assumingoffice, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the CITY’S Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to the Contractor commencing services hereunder, the City’s Manager shall prepare and deliver to CONTRACTOR a memorandum detailing the extent of CONTRACTOR’S disclosure obligations in accordance with the CITY’S Conflict of Interest Code.

City Initials ______
Contractor Initials ______
OR
By their initials next to this paragraph, CITY and CONTRACTOR hereby acknowledge that CONTRACTOR is not a “contractor” for the purpose of the California Political Reform Act because CONTRACTOR’S duties and responsibilities are not within the scope of the definition of contractor in Fair Political Practice Commission Regulation 18700.3(a)(2) and is otherwise not serving in staff capacity in accordance with CITY’S Conflict of Interest Code.

City Initials ______
Contractor Initials ______
[signatures on following page]
March 5, 2024, Reg. CC Mtg., Page # 278

IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.

CITY OF LOMITA CONTRACTOR
Joe Hoefgen, Interim City Manager By: Davida Persaud
ATTEST:
xx-xxxxxx
Kathleen Horn Gregory, City Clerk Taxpayer ID No.

APPROVED AS TO FORM:

Trevor Rusin, City Attorney
March 5, 2024, Reg. CC Mtg., Page # 279
1  of  1
323-601-5000 | [email protected] | www.muralcolors.com 617 Imogen Ave, Los Angeles, CA 90026, USA
ESTIMATE #240029
Estimate Date
Payable Via
Terms
From
February 13, 2024
TBD
Good for 30 days
MuralColors Inc
Project Name
Lomita Mural Project with Man One
Client
Whitney Weisberg
[email protected] | (310) 325-7110
City of Lomita
24300 Narbonne Avenue, Lomita, CA 90717
Description Qty Rate Total
• Mural Panel - Max Metal Only ACM - Product
Maxmetal 4x8 6mm White
Plain Max Metal with Light Sanding on Face - No Mural Cloth. 5 $297.60 $1,488.00
• Cut to Size and Countersink - Fabrication Services
Cut Max Metal to 4 ft x 7.5 ft with countersunk holes on perimeter. 5 $65.60 $328.00
• Installation Service - Service
Securely fasten five mural panels to a steel shipping container. 150 $6.35 $952.50
• Protective Anti Graffiti Coatings - Mural Coating Service Mural Coating
Apply coatings after the artist has completed their artwork. Cost includes labor and preservation and anti graffiti coatings.
150 $1.50 $225.00
Accepted By:______________________________________________  Date:_________________

SUBTOTAL
TOTAL
$2993.50
$2993.50
Additional Project Notes
Mural Panel for a shipping container measuring 20ft w x 7.5 ft high. Must be installed before March 18th, 2024. Hold install for week prior to paint day. Five panels at 4 x 8 cut to size.

Delivery Optional - Delivery to Project Location. Exclude if MuralColors is installing the panels. No crate. Add $175.

Make Payable To:

MuralColors Inc
617 Imogen Ave
Los Angeles, CA 90026, USA
EIN: 86-3743467
Murals & Public Art Services
Phone: 323-601-5000
Email: [email protected]
www.muralcolors.com
Zelle: [email protected]
Secure Online Payment
Available Upon Request
Terms and Conditions
• Estimate valid for 30 days upon acceptance.
• For Fabrication and Printing Projects under $1000, payment is due in full before a project can begin.
• For installation or coating services, a 50% non-refundable deposit is required upon acceptance of the estimate. Remaining balance to be paid upon completion of project.
• Cancellation (in whole or part) after acceptance of proposal is subject to additional charges. In the event suit for collection is instituted, Buyer shall pay all reasonable costs of collection including interest at 1.5% per month.
• MuralColors has the right to show works made for the client on its external communication and advertising documents and during sales prospecting. Client is responsible for
communicating any NDA or period of silence.

Exhibit A
March 5, 2024, Reg. CC Mtg., Page # 280
Deadline:

Friday,
March 1
The City of Lomita:

Common Canvas
Mural Contest
Guidelines
Design a Lomita-themed mural!
Use appropriate words, colors, and images to convey a
positive message for the Lomita community
Please stay within the rectangle below and try to fill the space Name: ________________ Deadline: Friday, March 1
School: _______________
Attachment No. 3
March 5, 2024, Reg. CC Mtg., Page # 281
C O M M O N C A N V A S : A

M U R A L C O N T E S T T O

P R O M O T E R E S P O N S I B L E

C O M M U N I T Y S T E W A R D S
For more
information:

Phone: (310)325-7110 x 150
Email: [email protected]
Website: lomitacityhall.com

D E S I G N
D E A D L I N E:

F R I D A Y ,
M A R C H 1
COMMON
CANVAS
School Mural Contest &
Responsible Stewardship
Attachment No. 4
March 5, 2024, Reg. CC Mtg., Page # 282
Ideas to Protect
Your Property’s
“Blank Canvas”
Mural Contest
Lomita’s fifth grade students have the
opportunity to design Lomita Park’s
first mural! The City believes in
promoting responsible stewardship and
beautification of our community
through artistic expression.

We encourage students to create a
mural design about Lomita or a positive
message for the community. Please find
the mural template worksheet attached.

You are encouraged to grant your child
the space and time to work on their
creations.

Final student submissions will be
considered and voted upon by a group
of Lomita officials and we will work with
a mural artist to have the final design
rendered. The mural will be unveiled
during the Anti-Gang and Drug-Free
Walk at the end of the 2023-2024
school year.

Responsible
Stewardship

T A L K A B O U T G R A F F I T I
Did you know that the average age range
of graffiti artists is 12-15 years old? You
can do your part to prevent graffiti and
vandalism through talking with your
children about the dangers and providing
an outlet for artistic expression.

W A R N I N G S I G N S
Possession of spray paint cans or
permanent markers
Paint on hands or clothing
‘Tags’ or the same type of scribble on
their bag or books
Practicing the same type of scribble or
’tags’ on paper continuously
Engravings on their furniture at home,
such as a desk, chair or bed

K N O W T H E L A W S
No children under 18 shall purchase or
publicly possess a tool or implement
that is capable of graffiti
Tagging or defacing property is
considered an infraction
Deadline:

Friday,
March 1
March 5, 2024, Reg. CC Mtg., Page # 283
Attachment No. 5
March 5, 2024, Reg. CC Mtg., Page # 284
March 5, 2024, Reg. CC Mtg., Page # 285
March 5, 2024, Reg. CC Mtg., Page # 286
March 5, 2024, Reg. CC Mtg., Page # 287
March 5, 2024, Reg. CC Mtg., Page # 288
March 5, 2024, Reg. CC Mtg., Page # 289
March 5, 2024, Reg. CC Mtg., Page # 290
March 5, 2024, Reg. CC Mtg., Page # 291
Man One
Artist, muralist, and illustrator
March 5, 2024, Reg. CC Mtg., Page # 292
March 5, 2024, Reg. CC Mtg., Page # 293
March 5, 2024, Reg. CC Mtg., Page # 294
March 5, 2024, Reg. CC Mtg., Page # 295
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March 5, 2024, Reg. CC Mtg., Page # 297
March 5, 2024, Reg. CC Mtg., Page # 298
March 5, 2024, Reg. CC Mtg., Page # 299
March 5, 2024, Reg. CC Mtg., Page # 300
March 5, 2024, Reg. CC Mtg., Page # 301
March 5, 2024, Reg. CC Mtg., Page # 302
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For more info visit:

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March 5, 2024, Reg. CC Mtg., Page # 324
1 TO: City Council
FROM: Joe Hoefgen, Interim City Manager
PREPARED BY: Carla Dillon, P.E., Public Works Director
MEETING DATE: March 5, 2024
SUBJECT: Discussion and Consideration of Legislative Project Priorities

RECOMMENDATION
Review projects and provide direction on prioritization.

BACKGROUND
City Council Members will be meeting with legislators in the coming weeks to request support and funding for City projects. To ensure that these discussions reflect the support and input of the City Council, it is recommended that the City Council review the attached listing of projects and provide direction on prioritization.

FISCAL IMPACT
No immediate fiscal impact.

ATTACHMENTS

1. Lomita City Project Summary
Reviewed by: Approved by:
________________ ______________________
Gary Y. Sugano Joe Hoefgen
Assistant City Manager Interim City Manager
Prepared by:
_______________________
Carla Dillon, P.E.

Public Works Director / City Engineer
Item No. SCH 8c

CITY OF LOMITA

CITY COUNCIL REPORT
March 5, 2024, Reg. CC Mtg., Page # 325
Lomita City Project Summary
* = Staff suggested priority projects for requests
Water-Related Projects
Project Title Description Status Funding Need
*Upsize water pipe, west
Lomita Blvd
Upsize 5,700 LF of ex. 6- and 8-inch pipeline in W. Lomita Blvd to accommodate 3,500 gpm commercial fire flow. Needed to support housing/general plan.

Not started $6.5M Need money for water
projects
*Downtown Lomita MultiBenefit Stormwater
Project
This project will divert 5.6 acre-feet of stormwater to infiltrate. It will also add bike lanes, trees, and vegetation.

Design has just begun and expect to complete
design early 2025.

We have partial funding for design (LA Safe Clean Water Program).

Construction is expected to be ~$8M. With Jason Braude’s assistance, this project was listed in federal Water Resources Development Act (WRDA) for $200K; however the funding has not been realized. Staff has met with Army Corp to be ready if funds committed. Total project cost Estimate: $8.4M
Need federal funds
appropriated for this project.
*Water studies Several projects would provide evaluations of possible changes in the water system such as connecting pressure zones, a sustained connection with Torrance, zone 2&3 booster, interconnecting Narbonne-Oak
Not started Estimate: $150,000 - $250,000 Could use money *Annual Pipe upsizing Upsize pipes for residential fire flow More pipes need replacement, but not budgeted Estimate $7M backlog In general, need money for water projects
*Annual Pipe
Rehabilitation
Replace old pipes More pipes need replacement than are budgeted Estimate: $13.9 M backlog In general, need money for water projects
Cypress Water
Production Facility
(CWPF) Upgrade Project
This project upgrades the water treatment facility to treat for benzene and taste and odor. The project is installing granular activated carbon (GA
C), control systems, and relocating generator, tanks
Construction is nearly complete. Requested
change order to implement needed controls. Resubmitted requested materials to the Division of Drinking Water for permitting
$2M from WRD (Safe Drinking Water Program)
Total Project estimate: $5.2M
On-going need for State to
streamline the permitting
process; no financial need.

Emergency Generator The project installs an emergency generator that provides electricity in the event of a power outage at Appian Way Pump Station. The generator may be moved to other locations as needed.

Construction activities are nearly complete. City Water department Total Project estimate: $420k
--
247th Street Area
Watermain Project
The new water main will extend from 246th Street beyond the City boundaries, looping within the City of Los Angeles right of way and along Western Avenue (which is Caltrans’ right of way), and connecting back to the City of Lomita along 247th Street, 247th Place, 248th Street and Lomita Blvd.

This project consists of constructing approximately 3,300 linear feet of PVC water pipeline and appurtenances (fire hydrants, valves, services, and fittings). This project will abandon a watermain that runs north and south within private properties crossing 246th Street, 247th Street, 247th Place, and 248th Street.

This project is being released for bid end of Feb
2024, and expect construction during summer
months, 2024
Funding from a hazard mitigation grant, administered through CalOES ($1,124,846). Remainder of funds from City Water Capital Project cost est: $2.8M
For future projects, it would be
great if City of LA gave ‘no-fee’
permits to neighboring cities.

Torrance, RPV, and Caltrans
honor a no-fee permitting
process with Lomita.

Narbonne Avenue Water
Replacement and Street
Rehabilitation Project
This project consists will construct approximately 1,600 linear feet of PVC water pipeline on Narbonne Avenue from PCH to the southern border of the City of Lomita. The proposed water main will be a new 8-inch PVC water main to provide improved flow, pressure, and fire protection.

This new water main will replace the existing 1928 6-inch and 8-inch water main. The project will also rehabilitate the street and restripe.

Project is in design. Delays in permitting from
Caltrans have delayed the design by two
months. Earliest start of construction would be
late Summer 2024.
$940,000 federal earmark (Maxine Waters). Remainder of funds from city Water Capital and street funds.

Total project cost Est: $3.2M
--
Water Main
Replacements in Zone G
This project consists of replacing pipes along 3 streets in zone G, and will do this prior to or in conjunction with the street project for these specific streets.

Design to be completed in Fall of 2024 Have budgeted water capital; however costs are expected to exceed the budget (by ~$600k). Estimate: $1.9M
Could use funds.

Appian Way Pump
Station Roof Project
This project will be replacing the roof at the Appian Way pump station. The existing roof is infested with termites and cannot be tented for treatment as the facility contained water pumps.

Final design will be presented to Council by early
spring with construction in Summer-Fall 2024.

The project is more than originally budgeted. Construction Est at $350,000.

Could use funds.

Test Well citing and
installation
Out of the Well Feasibility study, three possible locations were identified and field testing with a boring or well.

Not started California Consulting submitted a WaterSmart grant application (Bur of Reclamation). City would need matching funds and possible property acquisition. Est. $3.4M
Could use funds
Landscape Maintenance
District refurbishment
The path and grass area are in need of refurbishment. A survey was conducted and the community in support of drought tolerant landscaping - reducing water usage and costs (CalWater) Have begun scoping out the project. No funds allocated; however there are programs for turf replacement.

Estimate: $180k - $450k
Could use funds.

PCH pipeline upsizing Upsize 3,700 LF of ex. 6-inch Zone 2 pipeline on Pacific Coast Highway to accommodate 3,500 gpm commercial fire flow. (Highest priority project given pipeline age) Have not started Est $4.2M - $5M (in 2024$) Need money for water projects
Narbonne Ave at Lomita
Blvd.

Upsize 1,200 LF of ex. 6- and 8-inch Zone 1 pipe on Narbonne Ave to accommodate 3,500 gpm commercial fire flow. Needed to support housing/general plan.

Have not started Estimate: $1.4 - $2M (in 2024$) Need money for water projects
Attachment No. 1
March 5, 2024, Reg. CC Mtg., Page # 326
Lomita City Project Summary
* = Staff suggested priority projects for requests
Projects (non-water)
Project Title Description Status Funding Need
*Navy Field City is in the process of developing agreements with the Navy and the Little League.

Many improvements are needed on site – for bleachers, ADA restrooms, ADA pathways/parking, utility improvements, fence/gate, lighting, snackshop, etc.

Not started We do not have funding, and have not found anything the City would qualify for until owning the property.

Est: $3.2M for improvements
Need congressional transfer of property to the
City. If other funding is available in interim (for
property not owned by City), could apply it to
near-term projects (bleachers, ADA restrooms,
ADA pathways/parking).
*Irene Lewis Park Renovation This project will scope out a design for the current grass area to include an educational area, playground equipment, walking path, decorative foliage, possible stormwater infiltration. Will need community and RR foundation collaboration.

Have draft of RFP for design phase Have $500,000. Need more to complete this.

Guestimate: $1.4 - $4 M total
Could use project funding
*ADA Improvements City-wide improvements needed for ADA including curb ramps, pathways at parks, and buildings.

Currently including elements of ADA
improvements in street and building projects as
they happen, but would use a dedicated project
for backlog of items
City park ADA (exterior) improvements Est: $400,000
Overall City ADA improvement Est: $9.5M
Could use funds for a City park ADA
improvement project
Street Reconstruction – Zone G This project consists of overlaying and reconstructing certain streets in Zones G (just north and south of Lomita Boulevard and east of Eshelman Avenue) Design should be completed in early Summer
2024
Utilizing gas tax and Measure R funds. The cost
estimate for this project far exceeds available funding Est: $4.5M
Need funds to cover this project completely, or
will need to separate it into phases as money
accumulates in street funds.

Stephenson Center Maintenance
Project
This project restores/repairs roofs and upgrades restrooms at Stephenson Center The design is nearly completed. To save overall costs, it may be bid out with the Tom
Rico/Museum project.

Expected cost is $680,000, and it appears we can
cover this with LA Measure A, State prop 68 funds
and general funds
--
Tom Rico Center Gymnasium &
Railroad Museum Building Roof
Replacement Project
This project will install new roof skins on the two buildings, upgrade of signs at the Railroad Museum and eaves/facia.

Design has just begun on this project, and it will
be complete toward the end of the calendar year.

Do not yet have construction estimate.

Guestimate: $120 -280K
Could use funds
Citywide School Loading Zone
Study
This project will assess conditions around the four schools in Lomita and recommend changes and programs for improvement.

Have Caltrans funding, and the City’s
contribution is in-kind. Study costs: $330k
--
EV chargers As state regulations require 50% of new fleet purchases be zero emissions, more City vehicles will be EVs, and we will want more chargers. Begun to look Have begun meeting with companies to
understand level of work/needs.

Many grants are available for chargers and
supporting infrastructure. Guestimate: $150k - $1.6M
--
City Hall HVAC This project will replace the HVAC system at City Hall Scoping this out. Considering design-build due to time constraints.

City has $1M from ARPA and need to have awarded
to contractor by end of calendar year. Est: $2M
Could use funds
Eshelman Traffic Calming This project was approved by Council following the Traffic Calming study. It will add street elements to Eshelman to make it safer for pedestrians and naturally slow speed.

Not started This may be included in regional project funding through Measure M – working with SBCOG
Est: $620k
May need funds
Lomita Boulevard Corridor Planning This project will evaluate the feasibility and cost of widening Lomita Blvd between Narbonne and Crenshaw including utility relocation and any property needs.

Have a draft Request for Proposals. Put on hold
due to higher priority projects and limited staff.

Have funds (~$2M) for this in Prop C.

Guestimate: $5M - $30M (dep. on Prop acquisition)
Will need funds following Planning phase.

Sidewalk Program With the annual inspections of all City sidewalks, staff has made significant repairs.

There are some locations (~30) with extensive required repairs that will take too much time to accomplish in-house.

Design/Engineering staff is putting together
plans and specs to bid this work out.

Have funds
Est: $240k
--
New Public Works Yard The current City Public Works Yard is extremely small for the operations and staff.

Would need to identify a location and acquire property.

Not started Do not have any funds; Rough Est: $2.5 - 5.5M Need property Intersection improvements for
Walnut/253rd/Ebony/Bland
This project would evaluate and recommend Traffic-pedestrian safety improvements. Not started Do not have any funds; Rough Est: $1.2 – 2M Could use money March 5, 2024, Reg. CC Mtg., Page # 327
1 TO: Mayor and City Council
FROM: Joe Hoefgen, Interim City Manager
PREPARED BY: Lina Hernandez, Senior Management Analyst
MEETING DATE: March 5, 2024
SUBJECT: Discussion and Consideration of a Los Angeles County Sheriff Department (LASD) Proposal for 2024 Illegal Fireworks Suppression Enforcement

RECOMMENDATION
Approve the Los Angeles County Sheriff’s Department’s (LASD) Proposal for 2024 Fireworks Suppression Enforcement.

BACKGROUND
The Lomita Municipal Code (LMC) Sec. 4-16.01 established that it is unlawful for any person to manufacture, sell, store, display, use, discharge, explode, fire or set off any fireworks within the city including but not limited to safe and sane fireworks.

In 2021, the City Council adopted Resolution 2021-14 (attached to this report) establishing increased fines of $1,000 per violation of the city’s regulations regarding firework use and approved the L.A. County Sheriff Department (LASD) Proposal for supplemental firework enforcement in response to an increase in the use of illegal fireworks in the city, especially leading up to the July 4 celebrations that negatively impact the health, safety and welfare of residents. The program created a targeted enforcement program intended to enhance the city’s public safety and enforcement efforts as well as increase the visibility of our LASD resources around the Fourth of July holiday to deter potential violators.

To continue addressing the anticipated calls for service related to illegal fireworks usage as we neared the Independence Day holiday, the city once again approved LASD supplemental fireworks enforcement services in 2022 and 2023. A proposal was requested (attached to this report) for City Council consideration to resume fireworks suppression enforcement this year. For 2024, LASD has proposed a three-week

CITY OF LOMITA

CITY COUNCIL REPORT
Item No. SCH 8d
March 5, 2024, Reg. CC Mtg., Page # 328
2 enforcement period covering June 16 through July 6 using two dedicated deputies on six hours shifts for an amount not to exceed $29,322.72.

DISCUSSION
Enforcement of the City’s regulations is particularly challenging and time consuming, which ultimately drives added expenses and resources. While the City’s enforcement efforts have produced some citations in recent years, the costs of the increased enforcement efforts have continually exceeded the revenue received as a result of those citations. Violations must be witnessed by law enforcement to cite or detain those responsible.

During its meeting of February 21, 2023, the City Council approved the proposal from LASD for fireworks suppression enforcement and it directed staff to return with a discussion about Safe and Sane fireworks, options for allowing their sale and use through a limited number of permits for stands issued to community groups and non-profits serving the community directly, while continuing to prohibit the use of unapproved fireworks.

During its meeting of April 4, 2023, the City Manager made a presentation outlining past efforts by the city relative to allowing fireworks, including two advisory measures. The Council took action to rescind those measures later and some minor adjustments have been made to city policy in recent history. He outlined enforcement efforts and related costs to the city and discussed how some cities in LA County allow the sale of Safe and Sane fireworks while prohibiting the use of unapproved fireworks. In such cases, a limited number of permits for stands are issued by such cities generally to community groups and non-profit organizations serving the community directly, and sales are often a fundraising source for these groups. However, cities surveyed note continued challenges and significant costs with enforcement, as well as continued or increased use of illegal fireworks.

It was the consensus of the Council to direct staff to include in the next community survey questions on whether to allow “safe and sane” fireworks in Lomita, to consider a pilot test of the Nail ‘em app (a service available through TNT Fireworks which allows for anonymous reporting of illegal fireworks activity to local public safety agencies), and to research the feasibility of a Safe and Sane fireworks sales surcharge to aid the city in enforcement of illegal fireworks should the Safe and Sane variety be made legal in Lomita.

During its meeting of February 26, 2024, the City Council was presented with survey results conducted by Fairbank, Maslin, Maullin, Metz & Associates (FM3) to update our data concerning residents’ priorities and satisfaction with Lomita’s programs and services.

When it came to the legalization of fireworks, three in five surveyed residents (60%) opposed legalizing the sale of fireworks with nearly half indicating they strongly opposed.

As a result, in the absence of City Council direction to the contrary, the existing prohibition on the sale and use of fireworks will remain in place in Lomita.

March 5, 2024, Reg. CC Mtg., Page # 329
3 The attached proposal, if approved by the City Council, would dedicate two deputies to the enforcement of violations and responding to complaints of fireworks discharge leading up to and beyond the 4th of July holiday. The city will continue to educate the community through our regular public outreach mediums about the safety hazards and fines for violating the city’s regulations regarding firework use and instead encourage residents to enjoy the professional fireworks display planned for the upcoming Founders Day celebration.

OPTIONS

1. Authorize the City Manager to proceed with LASD’s proposal.

2. Provide staff further direction.

FISCAL IMPACT
The costs of the 2024 enforcement program as currently proposed by the LASD are based on hourly rates for LASD personnel rather than the total annual cost for a full-time deputy.

Total costs for the program are anticipated not to exceed $29,322.72. Citation fines recovered by the city could offset some of the operation’s cost, but based on previous years, are insufficient to fully recover costs. The remaining costs over and above revenues will continue to be paid from the General Fund.

ATTACHMENTS

1. LASD’s 2024 Firework Suppression Proposal

2. Resolution 2021-14
Reviewed by: Approved by:
______________________ _____
Gary Y. Sugano Joe Hoefgen
Assistant City Manager Interim City Manager
Prepared by:
__________________________
Lina Hernandez
Senior Management Analyst
March 5, 2024, Reg. CC Mtg., Page # 330
City of Lomita
Firework Suppression
2024
June 16-July 6, 2024

COST ESTIMATE
Deputy Sheriff rate per hour is $116.36
6 Hour Shift x $116.36 = $698.16
2 Deputies/6 Hours = $1396.32
2 Deputies/6 Hours/Week = $9,774.24
2 Deputies/6 Hours/June 16-July 6, 2024 = $29,322.72
This is only an estimate of expenses, based on an average of Deputies salaries. The actual cost may vary, based on the rank of the Deputies working these events. Above is the higher rate being used for this document and preplanning. Sergeant Tina McCoy may be contacted at (310) 891- 3227.

Attachment 1
March 5, 2024, Reg. CC Mtg., Page # 331
DocuSign Envelope ID: F9581 F7D-CB2D-42A7-87CB-1F943E114BB6 RESOLUTION NO. 2021-14

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMITA,

CALIFORNIA, AMENDING THE CITY'S FINE SCHEDULE FOR

ADMINISTRATIVE CITATIONS TO INCREASE THE FINE AMOUNT FOR VIOLATIONS OF SECTIONS 4-16.01 AND 4-16.02 OF THE LOMITA

MUNICIPAL CODE

THE CITY COUNCIL OF THE CITY OF LOMITA, CALIFORNIA RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS:

SECTION 1. Findings.

1.The City Council of the City of Lomita adopted Resolution No. 2014-26 which included a Fine Schedule for Administrative Citations pursuant to Lomita Municipal Code Title 1, Chapter 5.

2. Chapter 4-16 of the City Municipal Code, among other things, prohibits any person from manufacturing, selling, storing, displaying discharging, exploding, firing off or setting off any firework within the City. Violations of this chapter are, among other penalty provisions, subject to administrative citations in the amounts articulated in the City's Fine Scheduled for Administrative Citations.

3. In recent years the City has seen an increase in the use of illegal fireworks in the City leading up to and including July 4
th
. The increase in recent years has been
particularly pronounced and the City's current administrative fine amount has failed to curtail the use of fireworks in the City.

4. Fireworks activity is particularly dangerous both due to the potential danger of physical harm to individuals, as well as the fire danger posed and nuisance impacts. Due to the nature of this activity and its concentration in time, more significant fines are needed to deter this dangerous activity.

SECTION 2. The City's Fine Schedule for Administrative Citations is hereby amended to increase the fine amounts for violations of Sections 4-16.01 and 4-16.02 of the Lomita Municipal Code as stated in the attached Exhibit "A" to this Resolution.

SECTION 3. This Resolution and the amended Fine Schedule for Administrative Citations is effective immediately upon adoption.

SECTION 4. To the extent any provision of this Resolution is incompatible with or at variance with any prior adopted resolution, the provisions of this Resolution take precedence, and all previous resolution will be interpreted to harmonize with and not the provisions of this Resolution.

Attachment No 2
Attachment 2
March 5, 2024, Reg. CC Mtg., Page # 332
DocuSign Envelope ID: F9581 F7D-CB2D-42A7-87CB-1 F943E114BB6 Resolution No. 2021-14

SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED, AND ADOPTED this 1
st day of June 2021.
1/V
ATTEST:
lerk
APPROVED AS TO FORM:

Trevor Rusin, City Attorney
March 5, 2024, Reg. CC Mtg., Page # 333

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.

CITY OF LOMITA )
I, Kathleen Horn Gregory, City Clerk of the City of Lomita, California, do hereby certify that the foregoing Resolution No. 2021-14 was duly passed, approved, and adopted by the City Council of the City of Lomita at its regular meeting held on June 1, 2021, by the following vote, to wit:

AYES: Council Members: Gazeley, Uphoff, Waite, and Mayor Pro Tern Segawa and Mayor Waronek
NOES: None
ABSENT: None
RECUSE: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Lomita, California this 1
st day of June 2021.

March 5, 2024, Reg. CC Mtg., Page # 334
DocuSign Envelope ID: F9581 F7D-CB2D-42A7-87CB-1 F943E114BB6

EXHIBIT A
Resolution No. 2021-14

FINE SCHEDULE FOR ADMINISTRATIVE CITATIONS ORDINANCE
Except as otherwise provided herein, violations of the Lomita Municipal Code are subject to an administrative fine in the following amounts:

1. A fine not exceeding one hundred dollars ($100.00) for the first violation.

2. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same provision within one year.

3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same provision within one year of the first violation.

Violations of Lomita Municipal Code, Sections 4-16.01 and 4-16.02 are subject to an administrative fine in the following amount:

1. A fine not exceeding one thousand dollars ($1,000.00) for any violation.

Pursuant to Government Code section 53069.4, violations of any of the provisions of Title X of the Lomita Municipal Code are subject to an administrative fine in the following amounts:

1. A fine not exceeding one hundred dollars ($100.00) for the first violation.

2. A fine not exceeding five hundred dollars ($500.00) for a second violation of the same provision within one year.

3. A fine not exceeding one thousand dollars ($1000.00) for each additional violation of the same provision within one year of the first violation.

March 5, 2024, Reg. CC Mtg., Page # 335