Executed Agreement - CBM — Redondo Beach City Council, June 11, 2024

AGREEMENT FOR PROJECT SERVICES

BETWEEN THE CITY OF REDONDO BEACH
AND COMMERCIAL BUILDING MANAGEMENT, INC.

THIS AGREEMENT FOR PROJECT SERVICES (this "Agreement") is made between the City of Redondo Beach, a chartered municipal corporation (" City") and Commercial Building Management, Inc., a California corporation (" Contractor" or" Consultant").

The parties hereby agree as follows:

A. Description of Project or Scope of Services. The project description or scope of services to be provided by Contractor, and any corresponding responsibilities of City or services required to be performed by City are set forth in Exhibit" A".

B. Term and Time of Completion. Contractor shall commence and complete the project or services described in Exhibit "A" in accordance with the schedule set forth in Exhibit" B".

C. Compensation. City agrees to pay Contractor for work performed in accordance with Exhibit " C".

GENERAL PROVISIONS

1. Independent Contractor. Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, officer, agent, joint venturer or partner of the City, but rather an independent contractor. This Agreement shall not be construed as a contract of employment. Contractor shall have no rights to any benefits which accrue to City employees unless otherwise expressly provided in this Agreement. Due to the independent contractor relationship created by this Agreement, the City shall not withhold state or federal income taxes, the reporting of which shall be Contractor' s sole responsibility.

2. Brokers. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement.

3. City Property. All plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Agreement shall upon request be delivered to the City within a reasonable time, and the rights thereto shall be deemed assigned to the City. If applicable, Contractor shall prepare check prints upon request. Said plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials shall be specific for the project herein and shall not be used by the City for any t -
other project without Contractor's consent. Notwithstanding the foregoing, Contractor shall not be obligated to assign any proprietary software or data developed by or at the direction of Contractor for Contractor's own use; provided, however, that Contractor shall, pursuant to Paragraph 14 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of any such proprietary software or data.

4. Inspection. If the services set forth in Exhibit" A" shall be performed on City or other public property, the City shall have the right to inspect such work without notice. If such services shall not be performed on City or other public property, the City shall have the right to inspect such work upon reasonable notice.

Inspections by the City shall not relieve or minimize the responsibility of Contractor to conduct any inspections Contractor has agreed to perform pursuant to the terms of this Agreement. Contractor shall be solely liable for said inspections performed by Contractor. Contractor shall certify in writing to the City as to the completeness and accuracy of each inspection required to be conducted by Contractor hereunder.

5. Services. The project or services set forth in Exhibit "A" shall be performed to the full satisfaction and approval of the City. In the event that the project or services set forth in Exhibit "A" are itemized by price in Exhibit" C", the City in its sole discretion may, upon notice to Contractor, delete certain items or services set forth in Exhibit "A", in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor. City shall furnish Contractor, to the extent available, with any City standards, details, specifications and regulations applicable to the Project and necessary for the performance of Contractor's services hereunder. Notwithstanding the foregoing, any and all additional data necessary for design shall be the responsibility of Contractor.

6. Records. Contractor, including any of its subcontractors, shall maintain full and complete documents and records, including accounting records, employee time sheets, work papers, and correspondence pertaining to the project or services set forth in Exhibit "A". Contractor, including any of its subcontractors, shall make such documents and records available for City review or audit upon request and reasonable notice, and shall keep such documents and records, for at least four (4) years after Contractor's completion of performance of this Agreement. Copies of all pertinent reports and correspondence shall be furnished to the City for its files.

7. Changes and Extra Work. All changes and/or extra work under this Agreement shall be performed and paid for in accordance with the following:

Only the City Council, City Manager, or the Department Head responsible for the administration of, or supervision of the scope of work under, this Agreement may authorize extra and/ or changed work. Contractor expressly recognizes that other 2-
City personnel are without authorization to either order extra and/ or changed work or waive contract requirements. Failure of Contractor to secure the written authorization for such extra and/ or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such work.

If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Agreement and constitutes extra work, Contractor shall promptly notify the City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Agreement and constitutes extra work. In the event that the City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A written amendment providing for such compensation for extra work shall be executed by Contractor and the City.

8. Additional Assistance. If this Agreement requires Contractor to prepare plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of this Agreement.

9. Professional Ability. Contractor acknowledges, represents and warrants that Contractor is skilled and able to competently provide the services hereunder, and possesses all professional licenses, certifications, and approvals necessary to engage in its occupation. City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement.

Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor' s profession.

10. Business License. Contractor shall obtain a Redondo Beach Business License before performing any services required under this Agreement. The failure to so obtain such license shall be a material breach of this Agreement and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual circumstances without necessitating any modification of this Agreement to reflect such waiver.

11. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Agreement at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. In the event of any such termination, Contractor shall be compensated for: ( 1) all authorized work satisfactorily performed prior to the effective date of termination; 3 -
and ( 2) necessary materials or services of others ordered by Contractor for this Agreement prior to Contractor's receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, and further provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by the City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City' s last payment shall be transferred and assigned to the City. In conjunction with any termination of this Agreement, the City may, at its own expense, make copies or extract information from any notes, sketches, computations, drawings, and specifications or other data, whether complete or not.

12. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Agreement, the City may immediately terminate this Agreement by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided immediately above, provided, however, there shall be deducted from such amount the amount of damages, if any, sustained by the City by virtue of Contractor's breach of this Agreement.

13. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Agreement. Contractor further acknowledges, represents and warrants that Contractor has no business relationship or arrangement of any kind with any City official or employee with respect to this Agreement. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Agreement, all consideration received under this Agreement shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Agreement for one ( 1) year.

14. Indemnity. To the maximum extent permitted by law, Contractor hereby agrees, at its sole cost and expense, to defend protect, indemnify, and hold harmless the City, its elected and appointed officials, officers, employees, volunteers, attorneys, and agents ( collectively "Indemnitees") from and against any and all claims, including, without limitation, claims for bodily injury, death or damage to property, demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or arising from any act, failure to act, error or omission of Contractor' s performance or work hereunder (including any of its officers, agents, employees, Subcontractors) or its failure to comply with any of its obligations contained in the Agreement, or its failure to comply with any current or prospective law, except for such loss or 4 -
damage which was caused by the sole negligence or willful misconduct of the City. Notwithstanding the foregoing, nothing in this Section 14 shall be construed to encompass Indemnitees' active negligence to the limited extent that this Agreement is subject to Civil Code Section 2782(b). Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. This indemnification obligation shall survive this Agreement and shall not be limited by any term of any insurance policy required under this Agreement.
a. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may possess against Contractor because the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.
b. Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees.

15. Insurance. Contractor shall comply with the requirements set forth in Exhibit " D." Insurance requirements that are waived by the City's Risk Manager do not require amendments or revisions to this Agreement.

16. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Agreement.

17. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Agreement, including without limitation all environmental laws, employment laws, and nondiscrimination laws. a. Acknowledgement. Contractor acknowledges that eight ( 8) hours labor constitutes a legal day' s work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to the City, forfeit twentyfive dollars ($ 25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight ( 8) hours in any one ( 1) calendar day and forty ( 40) hours in any one calendar week. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/ 2 times the basic rate of pay.

For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor's compliance with Labor Code Sections 5 -
1810, 1813 and 1815, and Contractor shall include in the written contract between it and each subcontractor copies of Labor Code Sections 1810, 1813 and 1815 and a requirement that each subcontractor shall comply with these aforementioned sections. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor' s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor comply with Labor Code Sections 1810, 1813 and 1815, Contractor shall diligently take corrective action to halt or rectify the failure.
b. Prevailing Wages. City and Contractor acknowledge that this project is a public work to which prevailing wages apply. Contractor shall comply with the Agreement to Comply with California Labor Law Requirements set forth in Exhibit" E", which is attached hereto and incorporated by reference.

18. Limitations upon Subcontracting and Assignment. Contractor acknowledges that the services which Contractor shall provide under this Agreement are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in the City' s sole and absolute discretion. In the event that the City, in writing, approves any assignment or subletting of this Agreement or the retention of subcontractors by Contractor, Contractor shall provide to the City upon request copies of each and every subcontract prior to the execution thereof by Contractor and subcontractor. Any attempt by Contractor to assign any or all of its rights under this Agreement without first obtaining the City' s prior written consent shall constitute a material default under this Agreement.

The sale, assignment, transfer or other disposition, on a cumulative basis, of twenty-five percent ( 25%) or more of the ownership interest in Contractor or twenty-five percent ( 25%) or more the voting control of Contractor (whether Contractor is a corporation, limited liability company, partnership, joint venture or otherwise) shall constitute an assignment for purposes of this Agreement.

Further, the involvement of Contractor or its assets in any transaction or series of transactions ( by way of merger, sale, acquisition, financing, transfer, leveraged buyout or otherwise), whether or not a formal assignment or hypothecation of this Agreement or Contractor's assets occurs, which reduces Contractor's assets or net worth by twenty-five percent( 25%) or more shall also constitute an assignment for purposes of this Agreement.

19. Subcontractors. Contractor shall provide properly skilled professional and technical personnel to perform any approved subcontracting duties. Contractor shall not engage the services of any person or persons now employed by the City without the prior written approval of City, which approval may be withheld in the City' s sole and absolute discretion.
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20. Integration. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the exhibits to this Agreement.

21. Amendment. This Agreement may be amended or modified only by a subsequent written amendment executed by both parties.

22. Conflicting Provisions. In the event of a conflict between the terms and conditions of this Agreement and those of any exhibit or attachment hereto, this Agreement proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by the City shall prevail over those prepared by Contractor.

23. Non-Exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and City reserves the right to employ other contractors in connection with the project.

24. Exhibits. All exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit" A" which does not pertain to the project description, proposal, or scope of services (as applicable) to be provided by Contractor, or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Agreement.

25. Time of Essence. Time is of the essence of this Agreement.

26. Confidentiality. To the extent permissible under law, Contractor shall keep confidential its obligations hereunder and the information acquired during the performance of the project or services hereunder.

27. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Agreement shall not be considered "third parties."

28. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Venue for any litigation or other action arising hereunder shall reside exclusively in the Superior Court of the County of Los Angeles, Southwest Judicial District.

29. Attorneys' Fees. In the event either party to this Agreement brings any action to enforce or interpret this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees ( including expert witness fees) and costs.

This provision shall survive the termination of this Agreement. 7 _

30. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six (6) months after accrual of the cause of action.

31. Interpretation. Contractor acknowledges that it has had ample opportunity to seek legal advice with respect to the negotiation of this Agreement. This Agreement shall be interpreted as if drafted by both parties.

32. Warranty. In the event that any product shall be provided to the City as part of this Agreement, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets all specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one ( 1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items such as light bulbs and batteries) shall be warranted for a period of thirty (30) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.

Contractor shall not be liable under this warranty for an amount greater than the amount set forth in Exhibit "C" hereto.

33. Severance. Any provision of this Agreement that is found invalid or unenforceable shall be deemed severed and all remaining provisions of this Agreement shall remain enforceable to the fullest extent permitted by law.

34. Authority. City warrants and represents that upon City Council approval, the Mayor of the City of Redondo Beach is duly authorized to enter into and execute this Agreement on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Agreement on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Agreement on behalf of Contractor.

35. Waiver. The waiver by the City of any breach of any term or provision of this Agreement shall not be construed as a waiver of any subsequent breach.

SIGNATURES FOLLOW ON NEXT PAGE
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IN WITNESS WHEREOF, the parties have executed this Agreement in Redondo Beach, California, as of this 7th day of June, 2022.

CITY OF REDONDO BEACH, COMMERCIAL BUILDING MANAGEMENT,
a chartered municipal) corporation INC., a California corporation 6`2 . a/(.t— By:

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William C and, Mayor Name: ftitc}tay •_
ydPro t, td
r Title: PrastdGR
ATTEST: APPROVED•
ea 0Maa d i
Eleanor Manzano, Ci rk Diane Strickfaden, Risk Manager
APPROVED AS TO FORM:
4t CFJ
Michael W. Webb, City Attorney
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EXHIBIT " A"

SCOPE OF SERVICES/ CONTRACT SPECIFICATIONS

CONTRACTOR'S DUTIES
A. CITY FACILITIES
Contractor shall provide janitorial services as described in Section B of this Exhibit A" for the following City facilities.

1. Alta Vista Community Center
715 Julia Avenue (4,479 square feet)
Redondo Beach, CA 90277

2. Alta Vista Racquetball Courts
715 Julia Avenue ( 2,451 square feet)
Redondo Beach, CA 90277

3. Anderson Park Senior Center
3007 Vail Avenue (4, 200 square feet)
Redondo Beach, CA 90278

4. Main Library
303 North Pacific Coast Highway (49,387 square feet)
Redondo Beach, CA 90277

5. North Branch Library
2000 Artesia Boulevard ( 9, 225 square feet)
Redondo Beach, CA 90278

6. Perry Park Senior Center
2308 Rockefeller Lane ( 3, 450 square feet)
Redondo Beach, CA 90278

7. Perry Park Teen Center
2301 Grant Avenue ( 8, 480 square feet)
Redondo Beach, CA 90278

8. Recreation and Community Services Facility
1922 Artesia Boulevard ( 8, 400 square feet)
Redondo Beach, CA 90278

9. Veterans Park Senior Center
301 Esplanade ( 4, 593 square feet)
Redondo Beach, CA 90277
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10. Wilderness Park Visitor Center
1102 Camino Real ( 2, 960 square feet)
Redondo Beach, CA 90277
B. REGULAR SERVICES
Contractor shall perform janitorial services as follows.

1. RESTROOMS
a. Clean toilet bowls inside and outside with soap and water, and a disinfectant. Clean all plumbing fixtures daily.
b. Clean sinks and fixtures daily.
c. Clean walls and partitions weekly. Remove all graffiti ( such as marks caused by pencil, crayon, etc.) immediately.
d. Clean doors, kick- plates, and knobs inside and outside daily. e. Clean and polish all metal dispensers, including paper towel dispensers, toilet paper dispensers, and handicap rails daily.
f. Clean all mirrors daily.
g. Replenish all necessary supplies, including without limitation, two-ply toilet paper, hand towels, soap, and toilet seat covers daily. Provide sufficient supplies until the next servicing.
h. Empty and sanitize trash receptacles daily. Size to fit the plastic liners to the receptacles and replace the liners daily.
i. Mop floors with soap, water, and a disinfectant cleaning solution daily.

2. KITCHEN AREAS
a. Clean sink and plumbing fixtures daily.
b. Clean counter and surrounding areas daily.
c. Empty and sanitize trash receptacles daily. Size to fit the plastic liners to the receptacles and replace the liners daily.
d. Clean tables, chairs, cabinets, and other fixtures with water and detergent daily.
e. Clean refrigerator, stove, and other appliances ( exterior surfaces) daily. f. Clean the interior of microwave ovens ( not stove) and cupboard doors daily. 11 -
g. Spot clean walls, doors, and kick- plates weekly.
h. Sweep floors daily and mop, kick, and buff floors weekly. i. Strip, scrub, wax, and buff floors every three ( 3) months. j. Replenish hand towels and soap dispensers daily. Provide sufficient supplies until the next servicing.

3. MEETING ROOMS & OFFICES
a. Clean tops and sides of circulation and reference desks daily and polish weekly.
b. Clean telephones (receiver and base of instrument) with disinfectant daily. c. Clean and polish all metal, including but not limited to, frames, door handles, and railings daily.
d. Clean all interior glass partitions and interior door windows weekly and spot clean daily.
e. Empty and sanitize trash receptacles daily. Size to fit the plastic liners to the receptacles and replace the liners daily.
f. Dust shelves and fixtures from high to low twice weekly. Provide and maintain a dusting plan schedule.
g. Clean table tops, counters, including without limitation, wooden side panels and swinging gates daily and polish weekly.
h. Spot clean the inside of all windows up to 12 feet weekly. i. Spot clean upholstered furniture daily.
j. Dust blinds weekly.
k. Clean all baseboards and end panels of shelving units monthly.

I. Clean all individual offices and phones daily. Dust desks, file cabinets, bookcases, and fixtures from high to low twice weekly.
m. Vacuum carpeted stairway daily. Sweep the service stairway daily.

4. ENTRANCES/ LOBBY AREAS/ CORRIDORS
a. Sanitize and polish water fountains daily.
b. Clean the inside and outside door entrance glass daily. 12 -
c. Clean all interior glass partitions weekly and spot clean daily. d. Clean and polish all metal and wood including without limitation, frames, door handles, and railings daily.
e. Sweep the front entrance, doormats, and surrounding areas daily. f. Empty, wipe clean, and sanitize trash receptacles, including those outside the front door daily. Size to fit the plastic liners to the receptacles and replace the liners daily.
g. Clean the outside of the display cases daily.
h. Clean side panels and the floors of the elevators on all levels daily. Clean and polish button panels, railing, and door tracks daily. Vacuum elevator door tracks daily.

5. MAIN LIBRARY STAFF LOUNGE DECK AND MEETING ROOM DECK Sweep and pick up debris on deck surface daily and hose it down weekly.

6. CARPET SERVICES
a. Clean all carpeted areas daily. Remove surface litter with a soft bristled broom or carpet sweeper. Brush the surface litter gently.. Use a lightweight vacuum cleaner daily.
b. Inspect carpet daily for spots, stains, or spills, and remove immediately in accordance with the manufacturer' s recommendations.
c. Vacuum carpet thoroughly with a commercial type vacuum cleaner once a week. Heavily vacuum corridors and heavily traveled areas ( identified by the City) two times per week.

7. TILE SERVICES
a. Sweep all tiled areas with a treated dust mop.
b. Damp mop and keep clean the tiled and baseboard areas including cove base moldings.
c. Clean all tile, including glazed tile walls, unglazed tile floors, and quarry tile floors in accordance with the manufacturer' s recommendations. d. Power scrub all quarry tile surfaces on a quarterly basis.

8. ALTA VISTA RACQUETBALL COURTS COURT SURFACES
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Dust mop all court surfaces.

9. QUARTERLY SERVICES
a. Schedule quarterly services with the City designated representative. b. Strip and wax all vinyl composition tile (VCT) and linoleum floors quarterly.

10. SEMI-ANNUAL SERVICES
a. Schedule semi- annual services with the City designated representative. b. Clean carpeting thoroughly using a dry extraction method in accordance with the manufacturer' s recommendations.
c. Clean blinds thoroughly and ensure the blinds are not bent or left askew.

11. ANNUAL SERVICES
a. Schedule annual services with the City designated representative. b. Shampoo all upholstered furniture in accordance with the manufacturer' s recommendations.

12. PERIODIC SERVICE DOCUMENTATION
After providing quarterly, semi-annual or annual services, provide written documentation of the services performed to the City designated representative.

13. SPECIAL INSTRUCTIONS
Act in accordance with the following special procedures. a. Use treated dust cloths.
b. Not use deodorant cakes or sprays in urinals or toilet bowls. c. Keep all janitorial equipment and supplies in the janitorial closets. Ensure closets are always closed.
d. Keep janitorial closets clean and orderly.
e. Keep marked pathways clear to comply with the City Municipal Code. f. Keep janitorial closet door locked at all times during open hours. g. Clean all windows at no inconvenience to staff.
h. After floors are cleaned, return all furniture to its original position in a neat and orderly fashion.
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i. Ensure Contractor's personnel does not use City library facilities, including telephones, copiers, desks, books, typewriters, and computers.

14. DAILY SERVICES SCHEDULE
a. North Branch Library: Provide daily services after 8: 00 PM Monday, Tuesday, Wednesday and Thursday and after 5: 00 PM on Saturday. b. Main Library: Provide daily services after 10:00 PM Monday through Thursday and after 6: 00PM on Friday and Saturday.
c. Recreation and Community Services Administration Facility: Provide daily services after 7: 00 PM Monday through Friday.
d. Remaining City Facilities. Provide daily services after 8: 00 PM Monday, Tuesday, Wednesday, Thursday and Friday.

15. SPECIAL PROCEDURES
a. LOCKING UP: Lock all suite entry door handles and deadbolts, and report any evidence of breach to the facility security manager and/ or Public Works Building Manager.
b. REPORTING DAMAGES: Report any damage, breakage, and plumbing problems, graffiti, burned out light bulbs, and malfunctioning door hardware to the Public Works Facilities Manager.
c. MATERIAL SAFETY DATA SHEET BINDERS

1. Provide and maintain Material Safety Data Sheet binders in the janitorial closets of the building.

2. Clean equipment cords and ensure no marks are left on door jambs, furniture, or drywall outside corners.

3. Deposit all recyclable paper into the dedicated three cubic yard recycle dumpster bin provided by the City. Break down all cardboard boxes prior to placing them in the recycling bin. Deposit general trash items into the remaining dumpsters.

4. Label all dispensers and containers at all times with the manufacturer name, item name, instructions, and safety information.

5. Keep a first aid kit in each janitorial closet at each building. Stock and maintain first aid kits by Contractor monthly.

6. Turn off all lights in each of the facilities upon completion of janitorial service.
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7. Designate a location at each site to post communications to Contractor's staff.

8. Schedule onsite inspections with the staff of the Library and Public Works Department at the beginning of each quarter.

16. EQUIPMENT, MATERIALS AND SUPPLIES
Furnish all equipment, tools, chemicals, cleaning solutions, floor finish, restroom deodorizers and other items ( including without limitation two- ply toilet paper, paper towels, toilet seat covers, hand soap and plastic trash liners) to complete the services described herein.

C. ADDITIONAL SERVICES OUTSIDE STANDARD SCOPE
Upon City' s request provide the following services.

1. HIGH PRESSURE WASHING: Provide high- pressure washing for sidewalks, parking stalls, concrete floors, walls, and the like.

2. PARKING LOT SWEEPING: Provide parking lot sweeping service using a mobile parking lot sweeper with a 2. 25 cubic yard tank.

3. BACK-UP MAINTENANCE: Provide back- up maintenance services personnel to assist the City with maintenance functions at City facilities not described herein on an as-needed basis. The personnel must be available within 24 hours.

4. 24 HOUR EMERGENCY: Provide 24- hour emergency custodial services 365 days per year with a one- hour response time.

5. CARPET CLEANING: Provide carpet cleaning to other City facilities not described herein.
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EXHIBIT " B"

SCHEDULE FOR COMPLETION
TERM. This Agreement shall commence on July 1, 2022 and shall continue until June 30, 2025, unless otherwise terminated as herein provided. 17 _
EXHIBIT " C"

COMPENSATION
Provided Contractor is not in default under this Agreement, Contractor shall be compensated as provided below.

A. AMOUNT

1. MONTHLY AMOUNT: Contractor shall be paid in the amount of $ 11, 645.00 monthly for the regular services described in Section B of Exhibit" A".

2. HOURLY RATE: Contractor shall be paid following hourly rates for the additional services described in Section C of Exhibit" A".

Additional Service Hourly Rate
High Pressure Washing 50.00
Parking Lot Sweeping 150.00
Back- Up Maintenance 28.00_
24 Hour Emergency 28.00
Carpet Cleaning 28.00

3. NOT TO EXCEED AMOUNT: In no event shall Contractor's total compensation exceed $ 518,958 during the term of this Agreement. This compensation shall include all amounts paid under this Section A.

B. METHOD OF PAYMENT. Contractor shall provide monthly invoices to City for approval and payment. Invoices shall be based on the hours worked and services performed in the prior month. Invoices shall provide monthly fee, hours worked, description of services performed, and applicable hourly rate. Invoices must be adequately detailed, based on accurate records, and in a form reasonably satisfactory to City. Contractor may be required to provide back-up material upon request.

C. SCHEDULE FOR PAYMENT. City agrees to pay Contractor within thirty ( 30) days of City's receipt of monthly invoices; provided, however, that services are competed to the City' s reasonable satisfaction.

D. NOTICE. Written notices to City and Contractor shall be given by email, registered or certified mail, postage prepaid and addressed to or personally served on the following parties.

Contractor: Commercial Building Management
600 S. Grand Avenue, Suite 111
Santa Ana, CA 92705
Attention: Hans Rodriguez
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Email: cbmanagement327@gmail. com
City: City of Redondo Beach
Public Works Department
531 N Gertrude Ave, Redondo Beach, CA 90277
Attention: Rob Osborne
All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by regular mail, or certified mail and the next business day if sent by email Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party.
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EXHIBIT " D"

INSURANCE REQUIREMENTS FOR CONTRACTORS
Without limiting Contractor' s indemnification obligations under this Agreement, Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.

Minimum Scope of Insurance
Coverage shall be at least as broad as:

Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).

Insurance Services Office form number CA 0001 ( Ed. 1/ 87) covering Automobile Liability, code 1 ( any auto).

Workers' Compensation insurance as required by the State of California.

Employer' s Liability Insurance.

Minimum Limits of Insurance
Contractor shall maintain limits no less than:

General Liability: $ 1, 000,000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this project.

Automobile Liability: $ 1, 000,000 per accident for bodily injury and property damage.

Employer' s Liability: $ 1, 000,000 per accident for bodily injury or disease.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: ( 1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers or (2) the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
20 -
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Endorsement:

General Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of work performed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy.

Automobile Liability The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor.

For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, elected and appointed officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.

Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.

Each insurance policy shall be endorsed to state that the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.

Each insurance policy shall be in effect prior to awarding the contract and each insurance policy or a successor policy shall be in effect for the duration of the project.

The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract on the Contractor's part.

Acceptability of Insurers
Insurance shall be placed with insurers with a current A.M. Best's rating of no less than A:VII and which are authorized to transact insurance business in the State of California by the Department of Insurance.
21 -
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on the City authorized forms provided with the contract specifications. Standard ISO forms which shall be subject to City approval and amended to conform to the City' s requirements may be acceptable in lieu of City authorized forms. All certificates and endorsements shall be received and approved by the City before the contract is awarded. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

Risk Management
Contractor acknowledges that insurance underwriting standards and practices are subject to change, and the City reserves the right to make changes to these provisions in the reasonable discretion of its Risk Manager.
22 -
EXHIBIT " E"

AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. Contractor acknowledges that the project as defined in this Agreement between Contractor and the City, to which this Agreement to Comply with California Labor Law Requirements is attached and incorporated by reference, is a " public work" as defined in Division 2, Part 7, Chapter 1 ( commencing with Section 1720) of the California Labor Code (" Chapter 1"), and that this Agreement is subject to ( a) Chapter 1, including without limitation Labor Code Section 1771 and ( b) the rules and regulations established by the Director of Industrial Relations (" DIR") implementing such statutes.

Contractor shall perform all work on the project as a public work. Contractor shall comply with and be bound by all the terms, rules and regulations described in 1( a) and 1( b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Pursuant to Labor Code Section 1771. 4, Contractor shall post job site notices, as prescribed by regulation.

4. Pursuant to Labor Code Section 1773. 2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.

5. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit the maximum amount allowable by law for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.

6. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to ( 1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, ( 2) certify and make such payroll records available for inspection as provided by Section 1776, and ( 3) inform the City of the location of the records.

7. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777. 5, 1777. 6 and 1777. 7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects.

Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty ( 60) days after concluding work pursuant to this 23 -
Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.

8. Contractor acknowledges that eight ( 8) hours labor constitutes a legal day' s work. Contractor shall comply with and be bound by Labor Code Section 1810.

Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($ 25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight 8) hours in any one ( 1) calendar day and forty ( 40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 and 1/ 2 times the basic rate of pay.

9. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."

10. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions.

Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure.

11. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend ( at Contractor's expense with counsel acceptable to the City) the City, its officials, officers, employees, agents, independent contractors, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity ( including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive termination of the Agreement. 24-
AcO

CERTIFICATE OF LIABILITY INSURANCE
DATE( MNmaWY, 1
kr/ 04/ 16/ 2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERISI, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: II the certificate holder its an ADDITIONAL INSURED. the po0oy( bs) must hays ADDITIONAL INSURED provisions or be endorsed.

H SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer lights to he certificate holder in lieu or such endonemnd(E).

PRODUCER MOSE aLXIACT
Liberty Mullal Insurance Mae 900-962. 7132 I W Nal 900- 845- 3666 PO Box 109065 M4E BuslnessSecvlce@LlberlyMuleal core waRoa. wmerRa inwrrance
o
Fairieid OH 45016 NsuaxRA
WeslAmpr insurance Company 44393 AME
INSURED NevwRe American Fire and Casualty Company 24066 Commercial Building Mmlogemnnl Services Inc. xwNam_
4005 Grand Ave xsoNERO
mange
Santa Ana CA 92705 ' Megan•
COVERAGES CERTIFICATE NUMBER: 0175285911 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PCRTAIN. THE INSURANCE AFFORDED 8Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL ' HT TERMS.

EVIL USIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY( PAID C IMS.

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DESC NT TIONIW RATIONS II SCI. DS; SCONE t itionsI chedule. may be allashred II more slaw Is Cenni1ca e Holder is Additional Insured d required by wriittenecontraet or written agmerrent subjec+l0 General mensal
abJlly Biomet Addi0onal Insured Provisl0n

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City 0! Redondo Beach
ACCORDANCE WITH THE POLICY PROVISIONS.
53' N. Geriruda Ave

ACORD 25 I20te/031 The ACORD name and logo are registered marks at ACORD nco' F

CERTIFICATE OF LIABILITY INSURANCE
DATE[ NW OlVala
04/ 15/ 2072
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(3). AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must hew ADDITIONAL INSURED provisions or be endorsed.

R SUBROGATION 15 WAIVED, subject to the terms and conditions of the polley, certain policies may require an endorsement. A statement on this certificate does not confer N 1 hts to the certificate holder in lieu of such endorsements.

PROMUCI NM1k Brenda Nava
DesC Bane Services L LC PO7. EQ. ( 714) 453. D/ 00 INC FAX : ' TfA, E34240E 1640' A. Graphs'. Ave AWB55, - TI&QbEtcalin6com
ERISI AFFORDING COVERAGE NAIc
OrannV CA 02566 INSURER A
INFINITYSELECT INS CO 20260
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CCLtMEHCIAL DULL I) INGMANACTMEN r SERVICES IeauRERc
FIN S GRAND AVE ETHill C
arsurint
SANTA AWA CA 92705 , INSURERF_
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: _
HIS Is . O CERTIFY I nAI THE POLICIES OF INSURANCE LIST LIT GPI OW HAVE BEEN ISSUED 10 THE INSURED NAMED ABOVE FOR P' T POLICY PERIOD INDICA IFD NOTWITHSTANDING ANY REQUIREMENT. TERM OH CONDITION OF ANY CONTRACT OR ODIER DOCUMENT WITH RESPECT TO WHICH IDIS CERREICA I MAY BE 153LICD OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS S11B. ECT TO a- THE TERMS

EXCLUSIONS AND CONDITIONS CE SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS a ArevSUMS POLICY En POI ICY en
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CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City nl Rq'] nnuO BP.ech
ACCORDANCE WITH THE POLICY PROVISIONS.

ACORD 25( 2016103) The ACORD name and logo are registered marks of ACORO

POLICYHOLDER COPY
SP
STATE
PO BOX 8192, PLEASANTON, CA 94588
FUND

CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 04- 15- 2022 GROUP. POI' CY NUMBER: 9220910- 2022 CERTIFICATE IC' 48
CERTIFICATE EXP'RES. 02- 20- 2023
02- 20- 2022/ 02- 20- 2023

CITY OF REDONDO BEACH SP
531 N GERTRUOA AVE
REDONDO BEACH CA 90277- 2129
This ISto certify that we have issuedvalid a Workers' Compensation insurance policy in a loon approved by the Calif Insurance Commissionerrto the employer named below lilt the policy period indicated.

This Poliy ' e rot subject to cancellation by the Fund except upon 30 days advance written notice to the employer.

We will alsn doe you 30 days advance notice should this policy be cancelled prior to Its normal expo anon.

This CelliI cafe of insurance ' s not a insurance policy and does not amen, extend oralter the coverage of l ordeb by the polity listed hereinrNotwi: is Ond114 my requirement, term or condition of any contract or other document with respect to which this cerbliCate of insurance may be issued or to which it may pertain, the insance arinrded by the policy described Ilei ein is subject to all the terms, exclusions, and condition , of such poi co Authorized Representative President and CEO
EMPLOYER' S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $ 1. 000, 000 PER OCCURRENCE.

ENDORSEMENT # 2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 02- 20- 2022 I5 ATTACHED TO AND FORMS A PART OF THIS POLICY.

ENDORSEMENT # 1651 - MARIA VAZQUEZ CEO - EXCLUDED.

ENDORSEMENT # 1051 - PATRICK DAMES P - EXCLUDED.

EMPLOYFP
COMMERCIAL BUILDING MANAGEMENT SERVICES INC.
000 S GRAND AVE STE 111
COWAN HEIGHTS CA 92705
IPID,HOl
Rcv72. n41
PRINTED : 04- 15- 2022

Redondo Beach City CouncilJune 11, 2024

Redondo Beach City Council
June 11, 2024