CITY OF REDONDO BEACH
CITY COUNCIL AGENDA
Tuesday, November 19, 2024
415 DIAMOND STREET, REDONDO BEACH
CITY COUNCIL CHAMBER
THE CITY COUNCIL HAS RESUMED PUBLIC MEETINGS IN THE COUNCIL CHAMBER. MEMBERS OF THE PUBLIC MAY PARTICIPATE IN-PERSON, BY ZOOM, eCOMMENT OR EMAIL.
4:30 P.M.- CLOSED SESSION- ADJOURNED REGULAR MEETING
6:00 P.M.- OPEN SESSION- REGULAR MEETING
City Council meetings are broadcast live through Spectrum Cable, Channel 8, and Frontier Communications, Channel 41 and/or rebroadcast on Wednesday at 3 p.m. and Saturday at 3 p.m. following the date of the meeting. Live streams and indexed archives of meetings are available via internet. Visit the City’s official website at www.Redondo.org/rbtv.
TO WATCH MEETING LIVE ON THE CITY'S WEBSITE:
https://redondo.legistar.com/Calendar.aspx
*Click "In Progress" hyperlink under Video section of meeting TO WATCH MEETING LIVE ON YOUTUBE:
https://www.youtube.com/c/CityofRedondoBeachIT
TO JOIN THE MEETING VIA ZOOM (FOR PUBLIC INTERESTED IN SPEAKING.
OTHERWISE, PLEASE SEE ABOVE TO WATCH/LISTEN TO MEETING):
Register in advance for this meeting:
https://us02web.zoom.us/webinar/register/WN_lI9fqCKJQL22cfI4EjufFw After registering, you will receive a confirmation email containing information about joining the meeting.
If you are participating by phone, be sure to provide your phone # when registering. You will be provided a Toll Free number and a Meeting ID to access the meeting. Note; press # to bypass Participant ID. Attendees will be muted until the public participation period is opened.
When you are called on to speak, press *6 to unmute your line. Note, comments from the public are limited to 3 minutes per speaker.
eCOMMENT: COMMENTS MAY BE ENTERED DIRECTLY ON THE WEBSITE AGENDA PAGE:
https://redondo.granicusideas.com/meetings
1) Public comments can be entered before and during the meeting. 2) Select a SPECIFIC AGENDA ITEM to enter your comment; 3) Public will be prompted to Sign-Up to create a free personal account (one-time) and then comments may be added to each Agenda item of interest.
4) Public comments entered into eComment (up to 2200 characters; equal to approximately 3 minutes of oral comments) will become part of the official meeting record. 1 EMAIL: TO PARTICIPATE BY WRITTEN COMMUNICATION, EMAILS MUST BE RECEIVED BEFORE 3:00 P.M. THE DAY OF THE MEETING (EMAILS WILL NOT BE READ OUT LOUD): Written materials pertaining to matters listed on the posted agenda received after the agenda has been published will be added as supplemental materials under the relevant agenda item. Public comments may be submitted by email to [email protected]. Emails must be received before 3:00 p.m. on the date of the meeting to ensure Council and staff have the ability to review materials prior to the meeting. 4:30 P.M. - CLOSED SESSION - ADJOURNED REGULAR MEETING
A. CALL MEETING TO ORDER
B. ROLL CALL
C. SALUTE TO FLAG AND INVOCATION
D. BLUE FOLDER ITEMS - ADDITIONAL BACK UP MATERIALS
Blue folder items are additional back up material to administrative reports and/or public comments received after the printing and distribution of the agenda packet for receive and file.
E. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEMS AND NON-AGENDA ITEMS
This section is intended to provide members of the public with the opportunity to comment on Closed Session Items or any subject that does not appear on this agenda for action. This section is limited to 30 minutes. Each speaker will be afforded three minutes to address the Mayor and Council. Each speaker will be permitted to speak only once. Written requests, if any, will be considered first under this section.
F. RECESS TO CLOSED SESSION
F.1. CONFERENCE WITH LEGAL COUNSEL AND LABOR NEGOTIATOR - The Closed Session is authorized by the Government Code Sec. 54957.6.
AGENCY NEGOTIATOR:
Mike Witzansky, City Manager
Diane Strickfaden, Director of Human Resources
EMPLOYEE ORGANIZATIONS:
Management and Confidential Employee Group
CONTACT: DIANE STRICKFADEN, DIRECTOR OF HUMAN RESOURCES F.2. CONFERENCE WILL REAL PROPERTY NEGOTIATOR - The Closed Session is authorized by the Government Code Section 54956.8.
AGENCY NEGOTIATOR:
Mike Witzansky, City Manager
Greg Kapovich, Waterfront & Economic Development Director PROPERTY:
100 International Boardwalk, Redondo Beach, CA 90277
102 International Boardwalk, Redondo Beach, CA 90277
108 International Boardwalk, Redondo Beach, CA 90277
110 International Boardwalk, Redondo Beach, CA 90277
2 112 International Boardwalk, Redondo Beach, CA 90277
120 International Boardwalk, Redondo Beach, CA 90277
122 International Boardwalk, Redondo Beach, CA 90277
124 International Boardwalk, Redondo Beach, CA 90277
134 International Boardwalk, Redondo Beach, CA 90277
136 International Boardwalk, Redondo Beach, CA 90277
138 International Boardwalk, Redondo Beach, CA 90277
140 International Boardwalk, Redondo Beach, CA 90277
142 International Boardwalk, Redondo Beach, CA 90277
150 International Boardwalk, Redondo Beach, CA 90277
160 International Boardwalk, Redondo Beach, CA 90277
164 International Boardwalk, Redondo Beach, CA 90277
(a portion of APN: 7505-002-932)
NEGOTIATING PARTIES:
All International Boardwalk Tenants
UNDER NEGOTIATION:
Price
F.3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - The Closed Session is authorized by the Government Code Section 54956.8.
AGENCY NEGOTIATOR:
Mike Witzansky, City Manager
Greg Kapovich, Waterfront & Economic Development Director Brian Campbell, BC Urban
PROPERTY:
123 West Torrance Blvd #201, Redondo Beach, CA 90277
Pier Plaza (a portion of APN: 7505-003-206)
NEGOTIATING PARTIES:
Jonathan Rosenbaum, CFO of Unagi, Inc.
UNDER NEGOTIATION:
Lease Status and Terms
F.4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
Name of case:
9300 Wilshire, LLC v. City of Redondo Beach; City Council of the City of Redondo Beach; City of Redondo Beach Department of Community Development; and DOES 1 through 100, inclusive
Case Number: 23STCP02189
F.5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
3 Name of case:
City of Redondo Beach, et al. v. California State Water Resources Control Board Case Number: 20STCP03193
F.6. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
Name of case:
New Commune DTLA, LLC and Leonid Pustilnikov v. City of Redondo Beach and City Council of the City of Redondo Beach
Case Number: 22TRCP00203
F.7. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
Name of case:
New Commune DTLA, LLC v. City of Redondo Beach; City Council of the City of Redondo Beach; City of Redondo Beach Department of Community Development, et al.
Case Number: 23STCP00426
F.8. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
Name of case:
New Commune DTLA LLC v. City of Redondo Beach; City Council of the City of Redondo Beach; and DOES 1 through 100, inclusive
Case Number: 23STCV10146
F.9. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
Name of case:
In re 9300 Wilshire LLC
Bankruptcy C.D. Cal. Case Number: 2:23-bk-10918-ER
F.10. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
Name of case:
Yes in My Back Yard, a California nonprofit corporation; SONJA TRAUSS, an individual v. City of Redondo Beach; City Council of the City of Redondo Beach; City of Redondo Beach Department of Community Development, and DOES 1 through 25 inclusive Case Number: 23TRCP00325
F.11. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
4 Name of case:
City of Huntington Beach, et al. v. Gavin Newsom, et al.
Case Number: 23-3694
D.C. Number: 8:23-cv-00421-FWS-ADS
F.12. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED POTENTIAL LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(4).
One potential case
G. RECONVENE TO OPEN SESSION
H. ROLL CALL
I. ANNOUNCEMENT OF CLOSED SESSION ACTIONS
J. ADJOURN TO REGULAR MEETING
6:00 PM - OPEN SESSION - REGULAR MEETING
A. CALL TO ORDER
B. ROLL CALL
C. SALUTE TO THE FLAG AND INVOCATION
D. PRESENTATIONS/PROCLAMATIONS/ANNOUNCEMENTS
D.1. MAYOR’S PROCLAMATION OF NOVEMBER 30, 2024 AS SMALL BUSINESS
SATURDAY
E. APPROVE ORDER OF AGENDA
F. AGENCY RECESS
G. BLUE FOLDER ITEMS - ADDITIONAL BACK UP MATERIALS
Blue folder items are additional back up material to administrative reports and/or public comments received after the printing and distribution of the agenda packet for receive and file.
G.1. For Blue Folder Documents Approved at the City Council Meeting H. CONSENT CALENDAR
Business items, except those formally noticed for public hearing, or those pulled for discussion are assigned to the Consent Calendar. The Mayor or any City Council Member may request that any Consent Calendar item(s) be removed, discussed, and acted upon separately. Items removed from the Consent Calendar will be taken up under the "Excluded Consent Calendar" section below. Those items remaining on the Consent Calendar will be approved in one motion. The Mayor will call on anyone wishing to address the City Council on any Consent Calendar item on the agenda, which has not been pulled by Council for discussion. Each speaker will be permitted to speak only once and comments will be limited to a total of three minutes.
H.1. APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL ADJOURNED AND REGULAR MEETING OF NOVEMBER 19, 2024
5 CONTACT: ELEANOR MANZANO, CITY CLERK
H.2. APPROVE MOTION TO READ BY TITLE ONLY AND WAIVE FURTHER READING
OF ALL ORDINANCES AND RESOLUTIONS LISTED ON THE AGENDA
CONTACT: ELEANOR MANZANO, CITY CLERK
H.3. APPROVE THE FOLLOWING CITY COUNCIL MINUTES:
A. JUNE 20, 2024 SPECIAL MEETING
B. JULY 9, 2024 ADJOURNED AND REGULAR MEETING
CONTACT: ELEANOR MANZANO, CITY CLERK
H.4. PAYROLL DEMANDS
CHECKS 30017-30030 IN THE AMOUNT OF $8,810.27, PD. 11/8/24 DIRECT DEPOSIT 286465-287082 IN THE AMOUNT OF $2,288,604.15, PD. 11/8/24 EFT/ACH $9,246.68, PD. 9/13/24 (PP2419)
EFT/ACH $449,079.70, PD. 10/2/24 (PP2419)
EFT/ACH $9,113.34, PD. 9/27/24 (PP2420)
EFT/ACH $26,015.59, PD. 10/13/24 (PP2420)
EFT/ACH $450,045.56, PD. 10/16/24 (PP2420)
ACCOUNTS PAYABLE DEMANDS
CHECKS 116806-117055 IN THE AMOUNT OF $3,979,651.61
REPLACEMENT DEMAND 116805
CONTACT: STEPHANIE MEYER, INTERIM FINANCE DIRECTOR
H.5. APPROVE CONTRACTS UNDER $35,000:
1. APPROVE AN AGREEMENT WITH SNAILWORKS, LLC FOR POSTAL BALLOT MAIL TRACKING SERVICES FOR THE MARCH 4, 2025 GENERAL MUNICIPAL ELECTION IN AN AMOUNT NOT TO EXCEED $2,500 AND THE TERM NOVEMBER 15, 2024 TO NOVEMBER 14, 2025
2. APPROVE AN AGREEMENT WITH SAFETYCENTRIC, INC. FOR LOW VOLTAGE
CABLING AND TELECOMMUNICATIONS/DATA CENTER SERVICES IN AN AMOUNT NOT TO EXCEED $30,000 AND THE TERM NOVEMBER 19, 2024 TO NOVEMBER 18, 2026
3. APPROVE AN AGREEMENT WITH STREAMLINE AUTOMATION SYSTEMS, LLC
TO PROVIDE SOFTWARE FOR FIRE INSPECTIONS IN AN AMOUNT NOT TO EXCEED $16,183 AND THE TERM NOVEMBER 22, 2022 TO NOVEMBER 21, 2025
4. APPROVE AN AGREEMENT WITH AVANTPAGE, INC. FOR SPANISH LANGUAGE TRANSLATION SERVICES FOR THE MARCH 4, 2025 GENERAL MUNICIPAL ELECTION BALLOT MATERIALS AT A RATE OF $75 PER HOUR (FOR A TOTAL ESTIMATED EXPENDITURE OF $5,000) AND THE TERM NOVEMBER 19, 2024 TO DECEMBER 18, 2025
CONTACT: STEPHANIE MEYER, INTERIM FINANCE DIRECTOR
H.6. ACCEPT AS COMPLETE THE CITYWIDE SLURRY SEAL PROJECT, PHASE 4, JOB 6 NO. 41140, AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF
COMPLETION FOR THE PROJECT WITH THE LOS ANGELES COUNTY
RECORDER AND RELEASE THE FINAL RETENTION PAYMENT OF $23,416 TO AMERICAN ASPHALT SOUTH, INC., UPON EXPIRATION OF THE 35-DAY LIEN
PERIOD AFTER SAID RECORDATION AND NO CLAIMS BEING FILED UPON THE
PROJECT
CONTACT: ANDREW WINJE, PUBLIC WORKS DIRECTOR
H.7. INTRODUCE BY TITLE ONLY ORDINANCE NO. 3285-24, AN ORDINANCE OF THE CITY OF REDONDO BEACH, CALIFORNIA, AMENDING CHAPTER 7, ARTICLE 3, SECTIONS 3-7.1201, 3-7.1203, 3-7.1204, 3-7.1205, 3-7.1206, 3-7.1207, 3-7.1208, AND 3-7.1209 OF THE REDONDO BEACH MUNICIPAL CODE REGARDING PARKING ZONES AND DELETING IN ITS ENTIRETY SECTION 3-7-1210
REGARDING TAXICAB STANDS, FOR INTRODUCTION AND FIRST READING CONTACT: ANDREW WINJE, PUBLIC WORKS DIRECTOR
H.8. APPROVE THE TEMPORARY STREET CLOSURE OF AVENUE H AT DORIS WAY FROM NOVEMBER 29, 2024 THROUGH JANUARY 2, 2025, AND OTHER
ASSOCIATED MEASURES, TO REDUCE TRAFFIC AND PARKING IMPACTS IN
REDONDO BEACH RELATED TO THE SEASIDE RANCHO NEIGHBORHOOD
HOLIDAY LIGHTS DISPLAY IN TORRANCE
CONTACT: ANDREW WINJE, PUBLIC WORKS DIRECTOR
H.9. APPROVE AN ON-CALL PROFESSIONAL SERVICES AGREEMENT WITH ROY
COLBERT ARCHITECT, A CALIFORNIA CORPORATION, FOR ARCHITECTURAL SERVICES FOR AN AMOUNT NOT TO EXCEED $100,000 AND THE TERM ENDING NOVEMBER 4, 2026
CONTACT: ANDREW WINJE, PUBLIC WORKS DIRECTOR
H.10. APPROVE AN AMENDMENT TO THE AGREEMENT FOR PROJECT SERVICES WITH LEWIS STANLEY, INC., DBA MINUTEMAN PRESS REDONDO BEACH, TO EXTEND THE TERM BY A YEAR, THROUGH SEPTEMBER 19, 2026, AND INCREASE THE NOT TO EXCEED AMOUNT FROM $34,999 TO $64,999 CONTACT: MIKE COOK, INFORMATION TECHONOLOGY DIRECTOR
H.11. APPROVE THE CITY'S STATEMENT OF INVESTMENT POLICY 2024, AS
AMENDED
CONTACT: EUGENE SOLOMON, CITY TREASURER
H.12. APPROVE AN INVESTOR AGREEMENT TO JOIN JOINT POWERS AUTHORITY
CALIFORNIA ASSET MANAGEMENT TRUST, AT NO COST TO THE CITY, IF THE
RECOMMENDED AMENDMENT TO THE ANNUAL INVESTMENT POLICY IS
APPROVED
CONTACT: EUGENE SOLOMON, CITY TRESURER
H.13. RECEIVE AND FILE THE CITY TREASURER’S QUARTER 1 FISCAL YEAR 2024-2025 REPORT
7 CONTACT: EUGENE SOLOMON, CITY TREASURER
H.14. RECEIVE AND FILE THE MONTHLY UPDATE TO THE STRATEGIC PLAN OBJECTIVES ADOPTED BY CITY COUNCIL ON OCTOBER 8, 2024
CONTACT: MIKE WITZANSKY, CITY MANAGER
I. EXCLUDED CONSENT CALENDAR ITEMS
J. PUBLIC PARTICIPATION ON NON-AGENDA ITEMS
This section is intended to provide members of the public with the opportunity to comment on any subject that does not appear on this agenda for action. This section is limited to 30 minutes. Each speaker will be afforded three minutes to address the Mayor and Council. Each speaker will be permitted to speak only once. Written requests, if any, will be considered first under this section.
J.1. For eComments and Emails Received from the Public
K. EX PARTE COMMUNICATIONS
This section is intended to allow all elected officials the opportunity to reveal any disclosure or ex parte communication about the following public hearings
L. PUBLIC HEARINGS
M. ITEMS CONTINUED FROM PREVIOUS AGENDAS
N. ITEMS FOR DISCUSSION PRIOR TO ACTION
O. CITY MANAGER ITEMS
P. MAYOR AND COUNCIL ITEMS
P.1. DISCUSSION AND POSSIBLE ACTION REGARDING CHARTER AMENDMENTS
PERTAINING TO THE DUTIES OF THE CITY CLERK AND CITY TREASURER AND DIRECTION TO STAFF TO PREPARE BALLOT MEASURES FOR THE MARCH 4, 2025 ELECTION REFLECTING THE PROPOSED AMENDMENTS
P.2. DISCUSSION AND POSSIBLE ACTION REGARDING A CHARTER AMENDMENT
PERTAINING TO ADDING A POSITION OF AN ELECTED CITY PROSECUTOR AND DIRECTION TO STAFF TO PREPARE A BALLOT MEASURE FOR THE MARCH 4, 2025 ELECTION REFLECTING THE PROPOSED AMENDMENT
P.3. DISCUSSION AND POSSIBLE ACTION REGARDING A CHARTER AMENDMENT PERTAINING TO THE CITY’S “PUBLISHING” PROCESS AND DIRECTION TO STAFF TO PREPARE A BALLOT MEASURE FOR THE MARCH 4, 2025 ELECTION
REFLECTING THE PROPOSED AMENDMENT
P.4. DISCUSSION AND POSSIBLE ACTION REGARDING A CHARTER AMENDMENT
PERTAINING TO THE RESIDENCY REQUIREMENTS TO BE ELIGIBLE FOR
MAYOR AND DIRECTION TO STAFF TO PREPARE A BALLOT MEASURE FOR THE MARCH 4, 2025 ELECTION REFLECTING THE PROPOSED AMENDMENT P.5. DISCUSSION AND POSSIBLE ACTION ON CITY COMMISSION MEETING
PROCEDURES AND METHODS OF COMMUNICATION WITH CITY COUNCIL 8 Q. MAYOR AND COUNCIL REFERRALS TO STAFF
R. RECESS TO CLOSED SESSION
R.1. CONFERENCE WITH LEGAL COUNSEL AND LABOR NEGOTIATOR - The Closed Session is authorized by the Government Code Sec. 54957.6.
AGENCY NEGOTIATOR:
Mike Witzansky, City Manager
Diane Strickfaden, Director of Human Resources
EMPLOYEE ORGANIZATIONS:
Management and Confidential Employee Group
CONTACT: DIANE STRICKFADEN, DIRECTOR OF HUMAN RESOURCES R.2. CONFERENCE WILL REAL PROPERTY NEGOTIATOR - The Closed Session is authorized by the Government Code Section 54956.8.
AGENCY NEGOTIATOR:
Mike Witzansky, City Manager
Greg Kapovich, Waterfront & Economic Development Director PROPERTY:
100 International Boardwalk, Redondo Beach, CA 90277
102 International Boardwalk, Redondo Beach, CA 90277
108 International Boardwalk, Redondo Beach, CA 90277
110 International Boardwalk, Redondo Beach, CA 90277
112 International Boardwalk, Redondo Beach, CA 90277
120 International Boardwalk, Redondo Beach, CA 90277
122 International Boardwalk, Redondo Beach, CA 90277
124 International Boardwalk, Redondo Beach, CA 90277
134 International Boardwalk, Redondo Beach, CA 90277
136 International Boardwalk, Redondo Beach, CA 90277
138 International Boardwalk, Redondo Beach, CA 90277
140 International Boardwalk, Redondo Beach, CA 90277
142 International Boardwalk, Redondo Beach, CA 90277
150 International Boardwalk, Redondo Beach, CA 90277
160 International Boardwalk, Redondo Beach, CA 90277
164 International Boardwalk, Redondo Beach, CA 90277
(a portion of APN: 7505-002-932)
NEGOTIATING PARTIES:
All International Boardwalk Tenants
UNDER NEGOTIATION:
Price
R.3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - The Closed Session is authorized by the Government Code Section 54956.8.
AGENCY NEGOTIATOR:
9 Mike Witzansky, City Manager
Greg Kapovich, Waterfront & Economic Development Director Brian Campbell, BC Urban
PROPERTY:
123 West Torrance Blvd #201, Redondo Beach, CA 90277
Pier Plaza (a portion of APN: 7505-003-206)
NEGOTIATING PARTIES:
Jonathan Rosenbaum, CFO of Unagi, Inc.
UNDER NEGOTIATION:
Lease Status and Terms
R.4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
Name of case:
9300 Wilshire, LLC v. City of Redondo Beach; City Council of the City of Redondo Beach; City of Redondo Beach Department of Community Development; and DOES 1 through 100, inclusive
Case Number: 23STCP02189
R.5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
Name of case:
City of Redondo Beach, et al. v. California State Water Resources Control Board Case Number: 20STCP03193
R.6. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
Name of case:
New Commune DTLA, LLC and Leonid Pustilnikov v. City of Redondo Beach and City Council of the City of Redondo Beach
Case Number: 22TRCP00203
R.7. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
Name of case:
New Commune DTLA, LLC v. City of Redondo Beach; City Council of the City of Redondo Beach; City of Redondo Beach Department of Community Development, et al.
Case Number: 23STCP00426
R.8. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed 10 Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
Name of case:
New Commune DTLA LLC v. City of Redondo Beach; City Council of the City of Redondo Beach; and DOES 1 through 100, inclusive
Case Number: 23STCV10146
R.9. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
Name of case:
In re 9300 Wilshire LLC
Bankruptcy C.D. Cal. Case Number: 2:23-bk-10918-ER
R.10. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
Name of case:
Yes in My Back Yard, a California nonprofit corporation; SONJA TRAUSS, an individual v. City of Redondo Beach; City Council of the City of Redondo Beach; City of Redondo Beach Department of Community Development, and DOES 1 through 25 inclusive Case Number: 23TRCP00325
R.11. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
Name of case:
City of Huntington Beach, et al. v. Gavin Newsom, et al.
Case Number: 23-3694
D.C. Number: 8:23-cv-00421-FWS-ADS
R.12. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED POTENTIAL LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(4).
One potential case
S. RECONVENE TO OPEN SESSION
T. ADJOURNMENT
T.1. ADJOURN IN MEMORY OF JACK EPSTEIN, LONGTIME LOS ANGELES AREA
FOOTBALL COACH AND REDONDO BEACH RESIDENT
The next meeting of the City Council of the City of Redondo Beach will be an Adjourned Regular meeting to be held at 4:30 p.m. (Closed Session) and a Regular meeting to be held at 6:00 p.m. (Open Session) on Tuesday, December 3, 2024, in the Redondo Beach City Hall Council Chamber, 415 Diamond Street, Redondo Beach, California. 11 12
Administrative
Report
F.1., File # 24-1812 Meeting Date: 11/19/2024
TITLE
CONFERENCE WITH LEGAL COUNSEL AND LABOR NEGOTIATOR - The Closed Session is authorized by the Government Code Sec. 54957.6.
AGENCY NEGOTIATOR:
Mike Witzansky, City Manager
Diane Strickfaden, Director of Human Resources
EMPLOYEE ORGANIZATIONS:
Management and Confidential Employee Group
13 Administrative
Report
F.2., File # 24-1838 Meeting Date: 11/19/2024
TITLE
CONFERENCE WILL REAL PROPERTY NEGOTIATOR - The Closed Session is authorized by the Government Code Section 54956.8.
AGENCY NEGOTIATOR:
Mike Witzansky, City Manager
Greg Kapovich, Waterfront & Economic Development Director PROPERTY:
100 International Boardwalk, Redondo Beach, CA 90277
102 International Boardwalk, Redondo Beach, CA 90277
108 International Boardwalk, Redondo Beach, CA 90277
110 International Boardwalk, Redondo Beach, CA 90277
112 International Boardwalk, Redondo Beach, CA 90277
120 International Boardwalk, Redondo Beach, CA 90277
122 International Boardwalk, Redondo Beach, CA 90277
124 International Boardwalk, Redondo Beach, CA 90277
134 International Boardwalk, Redondo Beach, CA 90277
136 International Boardwalk, Redondo Beach, CA 90277
138 International Boardwalk, Redondo Beach, CA 90277
140 International Boardwalk, Redondo Beach, CA 90277
142 International Boardwalk, Redondo Beach, CA 90277
150 International Boardwalk, Redondo Beach, CA 90277
160 International Boardwalk, Redondo Beach, CA 90277
164 International Boardwalk, Redondo Beach, CA 90277
(a portion of APN: 7505-002-932)
NEGOTIATING PARTIES:
All International Boardwalk Tenants
UNDER NEGOTIATION:
Price
14 Administrative
Report
F.3., File # 24-1839 Meeting Date: 11/19/2024
TITLE
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - The Closed Session is authorized by the Government Code Section 54956.8.
AGENCY NEGOTIATOR:
Mike Witzansky, City Manager
Greg Kapovich, Waterfront & Economic Development Director Brian Campbell, BC Urban
PROPERTY:
123 West Torrance Blvd #201, Redondo Beach, CA 90277
Pier Plaza (a portion of APN: 7505-003-206)
NEGOTIATING PARTIES:
Jonathan Rosenbaum, CFO of Unagi, Inc.
UNDER NEGOTIATION:
Lease Status and Terms
15 Administrative
Report
F.4., File # 24-1870 Meeting Date: 11/19/2024
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
Name of case:
9300 Wilshire, LLC v. City of Redondo Beach; City Council of the City of Redondo Beach; City of Redondo Beach Department of Community Development; and DOES 1 through 100, inclusive Case Number: 23STCP02189
16 Administrative
Report
F.5., File # 24-1871 Meeting Date: 11/19/2024
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
Name of case:
City of Redondo Beach, et al. v. California State Water Resources Control Board Case Number: 20STCP03193
17 Administrative
Report
F.6., File # 24-1872 Meeting Date: 11/19/2024
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
Name of case:
New Commune DTLA, LLC and Leonid Pustilnikov v. City of Redondo Beach and City Council of the City of Redondo Beach
Case Number: 22TRCP00203
18 Administrative
Report
F.7., File # 24-1873 Meeting Date: 11/19/2024
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
Name of case:
New Commune DTLA, LLC v. City of Redondo Beach; City Council of the City of Redondo Beach; City of Redondo Beach Department of Community Development, et al.
Case Number: 23STCP00426
19 Administrative
Report
F.8., File # 24-1874 Meeting Date: 11/19/2024
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
Name of case:
New Commune DTLA LLC v. City of Redondo Beach; City Council of the City of Redondo Beach; and DOES 1 through 100, inclusive
Case Number: 23STCV10146
20 Administrative
Report
F.9., File # 24-1875 Meeting Date: 11/19/2024
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
Name of case:
In re 9300 Wilshire LLC
Bankruptcy C.D. Cal. Case Number: 2:23-bk-10918-ER
21 Administrative
Report
F.10., File # 24-1876 Meeting Date: 11/19/2024
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
Name of case:
Yes in My Back Yard, a California nonprofit corporation; SONJA TRAUSS, an individual v. City of Redondo Beach; City Council of the City of Redondo Beach; City of Redondo Beach Department of Community Development, and DOES 1 through 25 inclusive
Case Number: 23TRCP00325
22 Administrative
Report
R.11., File # 24-1878 Meeting Date: 11/19/2024
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
Name of case:
City of Huntington Beach, et al. v. Gavin Newsom, et al.
Case Number: 23-3694
D.C. Number: 8:23-cv-00421-FWS-ADS
23 Administrative
Report
F.12., File # 24-1877 Meeting Date: 11/19/2024
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED POTENTIAL LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(4).
One potential case
24 Administrative
Report
D.1., File # 24-1854 Meeting Date: 11/19/2024
TITLE
MAYOR’S PROCLAMATION OF NOVEMBER 30, 2024 AS SMALL BUSINESS SATURDAY
25 Administrative
Report
G.1., File # 24-1845 Meeting Date: 11/19/2024
TITLE
For Blue Folder Documents Approved at the City Council Meeting
26 Administrative
Report
H.1., File # 24-1846 Meeting Date: 11/19/2024
To: MAYOR AND CITY COUNCIL
From: ELEANOR MANZANO, CITY CLERK
TITLE
APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL ADJOURNED AND REGULAR MEETING OF NOVEMBER 19, 2024
EXECUTIVE SUMMARY
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF REDONDO BEACH )
AFFIDAVIT OF POSTING
In compliance with the Brown Act, the following materials have been posted at the locations indicated below.
Legislative Body City Council
Posting Type Adjourned & Regular Agenda
Posting Locations 415 Diamond Street, Redondo Beach, CA 90277 ü Adjacent to Council Chambers
Meeting Date & Time November 19, 2024 4:30 p.m. Closed Session 6:00 p.m. Open Session
As City Clerk of the City of Redondo Beach, I declare, under penalty of perjury, the document noted above was posted at the date displayed below.
Eleanor Manzano, City Clerk
Date: November 14, 2024
27 Administrative
Report
H.1., File # 24-1846 Meeting Date: 11/19/2024
To: MAYOR AND CITY COUNCIL
From: ELEANOR MANZANO, CITY CLERK
TITLE
APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL ADJOURNED AND REGULAR MEETING OF NOVEMBER 19, 2024
EXECUTIVE SUMMARY
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF REDONDO BEACH )
AFFIDAVIT OF POSTING
In compliance with the Brown Act, the following materials have been posted at the locations indicated below.
Legislative Body City Council
Posting Type Adjourned & Regular Agenda
Posting Locations 415 Diamond Street, Redondo Beach, CA 90277 ü Adjacent to Council Chambers
Meeting Date & Time November 19, 2024 4:30 p.m. Closed Session 6:00 p.m. Open Session
As City Clerk of the City of Redondo Beach, I declare, under penalty of perjury, the document noted above was posted at the date displayed below.
Eleanor Manzano, City Clerk
Date: November 14, 2024
28 Administrative
Report
H.2., File # 24-1847 Meeting Date: 11/19/2024
TITLE
APPROVE MOTION TO READ BY TITLE ONLY AND WAIVE FURTHER READING OF ALL
ORDINANCES AND RESOLUTIONS LISTED ON THE AGENDA
29 Administrative
Report
H.3., File # 24-1848 Meeting Date: 11/19/2024
To: MAYOR AND CITY COUNCIL
From: ELEANOR MANZANO, CITY CLERK
TITLE
APPROVE THE FOLLOWING CITY COUNCIL MINUTES:
A. JUNE 20, 2024 SPECIAL MEETING
B. JULY 9, 2024 ADJOURNED AND REGULAR MEETING
EXECUTIVE SUMMARY
Approval of Council Minutes
APPROVED BY:
Eleanor Manzano, City Clerk
30 Administrative
Report
H.3., File # 24-1848 Meeting Date: 11/19/2024
To: MAYOR AND CITY COUNCIL
From: ELEANOR MANZANO, CITY CLERK
TITLE
APPROVE THE FOLLOWING CITY COUNCIL MINUTES:
A. JUNE 20, 2024 SPECIAL MEETING
B. JULY 9, 2024 ADJOURNED AND REGULAR MEETING
EXECUTIVE SUMMARY
Approval of Council Minutes
APPROVED BY:
Eleanor Manzano, City Clerk
31 SPECIAL MEETING
MINUTES - CITY COUNCIL
Thursday, June 20, 2024
Minutes
Redondo Beach City Council
Thursday, June 20, 2024
Special Meeting 4:30 p.m.
4:30 PM – SPECIAL MEETING
A. CALL TO ORDER
A Special Meeting of the Redondo Beach City Council was called to order at 4:30 p.m. by Mayor Light in the City Hall Council Chambers, 415 Diamond Street, Redondo Beach, California.
B. ROLL CALL
Councilmembers Present: Behrendt, Kaluderovic, Loewenstein, Nehrenheim, Obagi, Mayor Light
Officials Present: Mike Witzansky, City Manager
Lucie Colombo, Chief Deputy City Clerk
Melissa Villa, Analyst
C. SALUTE TO THE FLAG AND INVOCATION
Mayor Light led in the Salute to the Flag and called for a moment of silence.
D. BLUE FOLDER ITEMS – ADDITIONAL BACK UP MATERIALS
D.1. For Blue Folder Documents Approved at the City Council Meeting Analyst Villa reported there were no Blue Folder Items for tonight’s meeting.
E. CONSENT CALENDAR
E.1. APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL SPECIAL MEETING OF JUNE 20, 2024
CONTACT: ELEANOR MANZANO, CITY CLERK
E.2. APPROVE CONTRACTS UNDER $35,000:
1. APPROVE AN ENGAGEMENT LETTER WITH FIELDMAN, ROLAPP & ASSOCIATES, INC. FOR MUNICIPAL ADVISORY SERVICES RELATED TO
FINANCIAL CALCULATIONS PERTAINING TO A POTENTIAL GENERAL OBLIGATION BOND MEASURE IN 2024 AND PREPARATION OF A TAX
RATE STATEMENT FOR THE BALLOT, IF REQUESTED BY THE CITY, IN 32 SPECIAL MEETING
MINUTES - CITY COUNCIL
Thursday, June 20, 2024
AN AMOUNT NOT TO EXCEED $9,750 FOR THE TERM JUNE 18, 2024 TO DECEMBER 31, 2024
CONTACT: WENDY COLLAZO, FINANCE DIRECTOR
There were no public comments received regarding the Consent Calendar.
Motion by Councilmember Obagi, seconded by Councilmember Kaluderovic, and approved by voice vote, to approve the Consent Calendar, as presented.
Motion carried, 5-0.
F. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEMS
F.1. For eComments and Emails Received from the Public
There were no Public Communications on Closed Session Items.
G. RECESS TO CLOSED SESSION
G.1. CONFERENCE WITH LEGAL COUNSEL AND LABOR NEGOTIATOR - The Closed Session is authorized by the Government Code Sec. 54957.6.
AGENCY NEGOTIATOR:
Mike Witzansky, City Manager
Diane Strickfaden, Director of Human Resources
EMPLOYEE ORGANIZATIONS:
Redondo Beach Firefighters Association
G.2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - The Closed Session is authorized by the Government Code Section 54956.8.
AGENCY NEGOTIATOR:
Mike Witzansky, City Manager
Elizabeth Hause, Interim Community Services Director
PROPERTY:
309 Esplanade, Redondo Beach, CA 90277
NEGOTIATING PARTIES:
Made by Meg - Meg Walker
UNDER NEGOTIATION:
Both Price and Terms
33 SPECIAL MEETING
MINUTES - CITY COUNCIL
Thursday, June 20, 2024
G.3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
Name of case:
City of Redondo Beach, a California Charter City; City of Carson, a California Charter City; City of Torrance, a California Charter City; City of Whittier, a California Charter City; City of Del Mar, a California Charter City v. Rob Bonta, in his official capacity as California Attorney General, State of California; and DOES 1 through 50, inclusive
Case Number: 22STCP01143
G.4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
Name of case:
Rosenda Ramirez Clark v. City of Redondo Beach, et al.
Case Number: 21STCV00584
G.5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
Name of case:
In re 9300 Wilshire LLC
Bankruptcy C.D. Cal. Case Number: 2:23-bk-10918-ER
G.6. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
Name of case:
9300 Wilshire, LLC v. City of Redondo Beach; City Council of the City of Redondo Beach; City of Redondo Beach Department of Community Development; and DOES 1 through 100, inclusive
Case Number: 23STCP02189
G.7. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
Name of case:
New Commune DTLA LLC v. City of Redondo Beach; City Council of the City of Redondo Beach; and DOES 1 through 100, inclusive Case Number: 23STCV10146
34 SPECIAL MEETING
MINUTES - CITY COUNCIL
Thursday, June 20, 2024
G.8. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
Name of case:
New Commune DTLA, LLC v. City of Redondo Beach; City Council of the City of Redondo Beach; City of Redondo Beach Department of Community Development, et al.
Case Number: 23STCP00426
G.9. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
Name of case:
New Commune DTLA, LLC and Leonid Pustilnikov v. City of Redondo Beach and City Council of the City of Redondo Beach
Case Number: 22TRCP00203
G.10. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
Name of case:
City of Redondo Beach, et al. v. California State Water Resources Control Board
Case Number: 20STCP03193
G.11. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
Name of case:
Yes in My Back Yard, a California nonprofit corporation; SONJA TRAUSS, an individual v. City of Redondo Beach; City Council of the City of Redondo Beach; City of Redondo Beach Department of Community Development, and DOES 1 through 25 inclusive
Case Number: 23TRCP00325
G.12. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
Name of case:
Silas Dettelbach by Guardian Ad Litem, Berna Dettelbach, individually and 35 SPECIAL MEETING
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Thursday, June 20, 2024
Spencer Dettelbach, individually v. City of Redondo Beach; and DOES 1- 50, inclusive
Case Number: 24TRCV01457
Analyst Villa read title to the items to be considered in Closed Session.
City Manager Witzansky announced that the following would be participating in Closed Session: City Manager Mike Witzansky, City Attorney Mike Webb, Assistant City Attorney Cheryl Park and Outside Legal Counsels Abby O’Brient and Jon Welner.
Motion by Councilmember Obagi, seconded by Councilmember Loewenstein, and approved by voice vote, to recess to Closed Session at 4:35 p.m.
Motion carried, 5-0.
H. RECONVENE TO OPEN SESSION
Mayor Light reconvened to Open Session at 6:50 p.m.
I. ROLL CALL
Councilmembers Present: Behrendt, Kaluderovic, Loewenstein, Nehrenheim, Obagi, Mayor Light
Officials Present: Eleanor Manzano, City Clerk
Mike Witzansky, City Manager
J. ANNOUNCEMENT OF CLOSED SESSION ACTIONS
City Manager Witzansky reported Council took no reportable action during Closed Session.
K. CITY MANAGER ITEMS - None
L. MAYOR AND COUNCIL REFERRALS TO STAFF - None
M. ADJOURNMENT
Motion by Councilmember Loewenstein, seconded by Councilmember Nehrenheim, and approved by voice vote, to adjourn the meeting at 7:01 p.m.
Motion carried, 5-0.
All written comments submitted via eComment are included in the record and available for public review on the City website.
36 SPECIAL MEETING
MINUTES - CITY COUNCIL
Thursday, June 20, 2024
Respectfully submitted:
Eleanor Manzano, CMC
City Clerk
37 REGULAR MEETING
MINUTES - CITY COUNCIL
Tuesday, July 9, 2024
Minutes
Redondo Beach City Council
Tuesday, July 9, 2024
Closed Session - Adjourned Regular Meeting 4:30 p.m.
Open Session –Regular Meeting 6:00 p.m.
4:30 PM - CLOSED SESSION – ADJOURNED REGULAR MEETING
A. CALL TO ORDER
An Adjourned Regular Meeting of the Redondo Beach City Council was called to order at 4:30 p.m. by Mayor Light in the City Hall Council Chambers, 415 Diamond Street, Redondo Beach, California.
B. ROLL CALL
Councilmembers Present: Behrendt, Kaluderovic, Loewenstein, Nehrenheim, Mayor Light
Councilmembers Absent: Obagi
Officials Present: Mike Witzansky, City Manager
Melissa Villa, Analyst
C. SALUTE TO THE FLAG AND INVOCATION - NONE
D. BLUE FOLDER ITEMS – ADDITIONAL BACK UP MATERIALS
Analyst Villa announced there were no Blue Folder Items for Closed Session.
E. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEMS AND NONAGENDA ITEMS There were no public communications on Closed Session items and non-agenda items.
F. RECESS TO CLOSED – 4:33 p.m.
Analyst Villa read title to the items to be considered in Closed Session.
City Manager Witzansky announced the following would be participating in Closed Session: City Manager Mike Witzansky, City Attorney Mike Webb, Assistant City Attorney Cheryl Park, Outside Legal Counsel Alexander Frank.
Motion by Councilmember Kaluderovic, seconded by Councilmember Loewenstein, and 38 REGULAR MEETING
MINUTES - CITY COUNCIL
Tuesday, July 9, 2024
approved by voice vote to recess to Closed Session at 4:33 p.m.
Motion carried, 4-0-1.
F.1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Sec. 54956.9(d)(1).
Name of case:
Bruce Allan Haroldson v. City of Redondo Beach, et al.
Case Number: 19STCV46879
F.2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
Name of case:
In re 9300 Wilshire LLC
Bankruptcy C.D. Cal. Case Number: 2:23-bk-10918-ER
F.3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
Name of case:
9300 Wilshire, LLC v. City of Redondo Beach; City Council of the City of Redondo Beach; City of Redondo Beach Department of Community Development; and DOES 1 through 100, inclusive
Case Number: 23STCP02189
F.4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
Name of case:
New Commune DTLA LLC v. City of Redondo Beach; City Council of the City of Redondo Beach; and DOES 1 through 100, inclusive Case Number: 23STCV10146
F.5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
Name of case:
New Commune DTLA, LLC v. City of Redondo Beach; City Council of the City of Redondo Beach; City of Redondo Beach Department of 39 REGULAR MEETING
MINUTES - CITY COUNCIL
Tuesday, July 9, 2024
Community Development, et al.
Case Number: 23STCP00426
F.6. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
Name of case:
New Commune DTLA, LLC and Leonid Pustilnikov v. City of Redondo Beach and City Council of the City of Redondo Beach
Case Number: 22TRCP00203
F.7. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
Name of case:
City of Redondo Beach, et al. v. California State Water Resources Control Board
Case Number: 20STCP03193
F.8. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(1).
Name of case:
Yes in My Back Yard, a California nonprofit corporation; SONJA TRAUSS, an individual v. City of Redondo Beach; City Council of the City of Redondo Beach; City of Redondo Beach Department of Community Development, and DOES 1 through 25 inclusive
Case Number: 23TRCP00325
G. RECONVENE TO OPEN SESSION – 6:00 p.m.
Mayor Light reconvened to Open Session at 6:00 p.m.
H. ROLL CALL
Councilmembers Present: Behrendt, Kaluderovic, Loewenstein, Nehrenheim, Obagi, Mayor Light
Officials Present: Eleanor Manzano, City Clerk
Mike Witzansky, City Manager
Melissa Villa, Analyst
I. ANNOUNCEMENT OF CLOSED SESSION ACTIONS
40 REGULAR MEETING
MINUTES - CITY COUNCIL
Tuesday, July 9, 2024
City Manager Witzansky announced there were no reportable actions taken during Closed Session.
J. ADJOURN TO REGULAR MEETING
Motion by Councilmember Kaluderovic, seconded by Councilmember Nehrenheim, and approved by voice vote, to adjourn to the regular meeting at 6:00 p.m.
Motion carried, 5-0.
6:00 PM - OPEN SESSION - REGULAR MEETING
A. CALL TO ORDER
A Regular Meeting of the Redondo Beach City Council was called to order at 6:00 p.m. by Mayor Light in the City Hall Council Chambers, 415 Diamond Street, Redondo Beach, California.
B. ROLL CALL
Councilmembers Present: Behrendt, Kaluderovic, Loewenstein, Nehrenheim, Obagi, Mayor Light
Officials Present: Eleanor Manzano, CMC, City Clerk
Mike Witzansky, City Manager
Melissa Villa, Analyst
C. SALUTE TO THE FLAG AND INVOCATION
Mayor Light invited Veterans to stand and recognized them for their service.
Maddox, first grader, Washington Elementary School, led in the salute to the flag.
Mayor Light called for a moment of silence.
D. PRESENTATIONS/PROCLAMATIONS/ANNOUNCEMENTS
D.1. MAYOR’S COMMENDATION TO THE SPRING 2024 REDONDO BEACH
LITTLE LEAGUE MAJORS CHAMPIONS, THE DODGERS
Mayor Light presented the Mayor’s Commendation to the Spring 2024 Redondo Beach Little League Majors Champions the Dodgers.
David Klewan thanked the City for its support throughout the years and spoke about the team’s accomplishments.
41 REGULAR MEETING
MINUTES - CITY COUNCIL
Tuesday, July 9, 2024
D.2. MAYOR’S COMMENDATION TO LT. WAYNE WINDMAN FOR RECEIVING
THE PEACE OFFICER STANDARDS AND TRAINING EXCELLENCE IN
TRAINING LIFETIME ACHIEVEMENT AWARD
Mayor Light called RBPD Chief Hoffman and RBPD Lieutenant Wayne Windman to the podium and presented the Mayor’s Commendation to Lt. Windman for receiving the Peace Officer Standards and Training Excellence in Training Lifetime Achievement Award.
RBPD Chief Hoffman spoke about Lt. Windman’s achievements and dedication to training and congratulated him for his service.
Councilmember Nehrenheim announced the upcoming Greek Festival hosted by the Greek Orthodox Church; discussed the Riviera Summer Festival and the fireworks show in the Harbor; reported he will attend the Independent Cities Association Seminar this weekend; reported the District 1 Community Meeting will be held on July 20th at Alta Vista where the City Manager will be a special guest; announced District 1 online Community Meeting will be on July 22nd at 6:30 p.m.
Councilmember Loewenstein commented favorably about the Fireworks Show on July 4th; expressed concerns about the effects of fireworks on animals; announced the L.A.
County Police Canine Association Annual Show on July 27, 2024 at 1:00 p.m. at the Sea Hawk Bowl; thanked Interim Community Services Director Hause for being a guest at the recent District 2 Community Meeting and reported there will be no District 2 Community Meeting in July.
Councilmember Kaluderovic reported the District 3 Community Meeting will be on July 13th at 9:00 a.m. at Franklin Park; announced Shakespeare by the Sea at 7:00 p.m. on July 13th at Dominguez Park and another Shakespeare by the Sea at 7:00 p.m. on July 14th at Veterans Park.
Councilmember Obagi reported the COG Steering Committee discussed a Good Neighbor Pledge related to the City’s response to homelessness after the Johnson vs Grants Pass Supreme Court ruling; and thanked RBPD and RBFD for working through the July 4th weekend and keeping the City safe.
Councilmember Behrendt reported attending the City of Inglewood State of the City event.
Mayor Light reported starting the Independence Day 5K event in Riviera Village; thanked City staff for their response to a recent coyote incident; noted that we have an endangered species on our waterfront that is recovering thanks to volunteers from the community, they are the El Segundo Blue Butterflies; he stated nature walks are being conducted by the South Bay Parkland Conservancy on July 13th and July 20th. 42 REGULAR MEETING
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Tuesday, July 9, 2024
E. APPROVE ORDER OF AGENDA
City Manager Witzansky pulled Agenda Item H.11 from the agenda and reported it will be presented to City Council at a later date.
Motion by Councilmember Nehrenheim, seconded by Councilmember Kaluderovic, and approved by voice vote, the order of the agenda, as amended pulling Item No.
H.11.
Motion carried, 5-0.
F. AGENCY RECESS – 6:14 p.m.
Motion by Councilmember Nehrenheim, seconded by Councilmember Loewenstein, and approved by voice vote, to recess to the Regular Meeting of the Community Financing Authority at 6:14 p.m.
Motion carried, 5-0.
F.1. REGULAR MEETING OF THE COMMUNITY FINANCING AUTHORITY CONTACT: WENDY COLLAZO, FINANCE DIRECTOR
RECONVENE TO REGULAR MEETING FROM AGENCY MEETING – 6:20 p.m.
ROLL CALL
Councilmembers Present: Behrendt, Kaluderovic, Loewenstein, Nehrenheim, Obagi, Mayor Light
G. BLUE FOLDER ITEMS – ADDITIONAL BACK UP MATERIALS
G.1 For Blue Folder Documents Approved at the City Council Meeting City Clerk Manzano announced Blue Folder Items for Items No. H.12, J.1, and N.1.
H. CONSENT CALENDAR
H.1. APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL
ADJOURNED AND REGULAR MEETING OF JULY 9, 2024
CONTACT: ELEANOR MANZANO, CITY CLERK
H.2. APPROVE MOTION TO READ BY TITLE ONLY AND WAIVE FURTHER
READING OF ALL ORDINANCES AND RESOLUTIONS LISTED ON THE AGENDA
43 REGULAR MEETING
MINUTES - CITY COUNCIL
Tuesday, July 9, 2024
CONTACT: ELEANOR MANZANO, CITY CLERK
H.3. APPROVE THE FOLLOWING CITY COUNCIL MINUTES:
A. MAY 7, 2024 ADJOURNED AND REGULAR MEETING
CONTACT: ELEANOR MANZANO, CITY CLERK
H.4. PAYROLL DEMANDS
CHECKS 29799-29825 IN THE AMOUNT OF $22,415.14, PD. 6/21/24 DIRECT DEPOSIT 280205-280841 IN THE AMOUNT OF $2,375,127.35, PD. 6/21/24
EFT/ACH $9,246.68, PD. 5/10/24 (PP2410)
EFT/ACH $9,246.68, PD. 5/24/24 (PP2411)
EFT/ACH $439,080.31, PD. 6/5/24 (PP2411)
ACCOUNTS PAYABLE DEMANDS
CHECKS 114733-114965 IN THE AMOUNT OF $3,739,154.51
EFT CALPERS MEDICAL INSURANCE $470,324.15
DIRECT DEPOSIT 100008454-100008546 IN THE AMOUNT OF $96,106.99, PD.7/1/24
REPLACEMENT DEMANDS 114731-114732
CONTACT: WENDY COLLAZO, FINANCE DIRECTOR
H.5. APPROVE CONTRACTS UNDER $35,000:
1. APPROVE AN AGREEMENT WITH SOUTHERN CALIFORNIA EDISON
COMPANY FOR A NEW METER AND SERVICE FOR THE MANHATTAN
BEACH BLVD MEDIAN IRRIGATION SYSTEM AT 2506 MANHATTAN
BEACH BLVD #U IN AN AMOUNT NOT TO EXCEED $1,306.32 EFFECTIVE JULY 9, 2024 UNTIL COMPLETED
2. This Item was pulled from the Consent Calendar for separate discussion by Councilmember Behrendt.
3. APPROVE A FOURTH AMENDMENT TO THE FUNDING AGREEMENT
#920000000F5301 WITH LOS ANGELES COUNTY METROPOLITAN
TRANSPORTATION AUTHORITY (LACMTA) RECEIVED ON JUNE 17,
2024 FOR THE GRANT AVENUE SIGNAL IMPROVEMENTS PROJECT,
JOB NO. 41090 TO EXTEND THE LAPSING DATE OF THE PROJECT TERM TO FEBRUARY 29, 2024 AT NO ADDITIONAL COST TO THE CITY CONTACT: WENDY COLLAZO, FINANCE DIRECTOR
H.6. This Item was pulled from the Consent Calendar for separate discussion by Councilmember Behrendt.
44 REGULAR MEETING
MINUTES - CITY COUNCIL
Tuesday, July 9, 2024
H.7. This Item was pulled from the Consent Calendar for separate discussion by Councilmember Obagi.
H.8. APPROVE AN AGREEMENT WITH SOUTH BAY CENTER SPE, LLC FOR
CONTINUED OVERTIME DEPLOYMENT OF CITY POLICE OFFICERS AT
THE SOUTH BAY GALLERIA FOR A REIMBURSEMENT AMOUNT NOT
TO EXCEED $90,000 PER YEAR, AND A CITY COMMITMENT TO
CONTRIBUTE $30,000 OF UNREIMBURSED POLICE SERVICES
ANNUALLY, FOR THE TERM JULY 1, 2024 THROUGH JUNE 30, 2026 CONTACT: JOE HOFFMAN, CHIEF OF POLICE
H.9. ADOPT BY TITLE ONLY RESOLUTION NO. CC-2407-055, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF REDONDO BEACH,
CALIFORNIA, APPROVING THE SUSPENSION OF PREFERENTIAL
PARKING HOURS IN THE VINCENT AND VINCENT 2 PREFERENTIAL PARKING DISTRICTS ON JULY 27, 2024 FROM 11:00 AM TO 7:00 PM CONTACT: JOE HOFFMAN, CHIEF OF POLICE
H.10. APPROVE AN AGREEMENT WITH PEREGRINE TECHNOLOGIES, INC.
FOR PLATFORM INTEGRATION SOFTWARE FOR AN AMOUNT NOT TO
EXCEED $96,500 ANNUALLY FOR THE TERM JULY 9, 2024 TO JULY 8, 2025, WITH AN OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR TERMS
CONTACT: JOE HOFFMAN, CHIEF OF POLICE
H.11. This Item was pulled from the Agenda by City Manager Witzansky and will be presented to City Council at a later date.
H.12. This Item was pulled from the Consent Calendar for separate discussion by Councilmember Obagi.
H.13. ADOPT BY TITLE ONLY RESOLUTION NO. CC-2407-056, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF REDONDO BEACH,
CALIFORNIA, AMENDING THE OFFICIAL BOOK OF CLASS
SPECIFICATIONS TO UPDATE THE POSITION OF BUILDING
INSPECTOR
CONTACT: MARC WIENER, COMMUNITY DEVELOPMENT DIRECTOR
H.14. This Item was pulled from the Consent Calendar for separate discussion by Councilmember Loewenstein.
Councilmember Loewenstein pulled H.14 from the Consent Calendar for separate 45 REGULAR MEETING
MINUTES - CITY COUNCIL
Tuesday, July 9, 2024
discussion.
Councilmember Obagi pulled Items No. H.7 and H.12 from the Consent Calendar for separate discussion.
Councilmember Behrendt pulled Items No. H.5(2) and H.6 from the Consent Calendar for separate discussion.
Mayor Light invited public comments on the Consent Calendar.
Andrew Lesser, District 1, spoke about Item No. H.9; thanked RBPD Chief Hoffman for placing the item on the agenda, briefly summarized the item; discussed his participation in the Southern California Golden Retriever Rescue; announced the L.A. County Police Canine Association Annual Show on July 27, 2024 at 1:00 p.m. at the Sea Hawk Bowl.
Andy Porkchop urged Council to vote for free parking; mentioned attending a meeting and enjoyed mingling with the dogs and police officers; urged the public to attend the upcoming L.A. County Police Canine Association Annual Show.
There were no other public comments on the Consent Calendar.
Motion by Councilmember Obagi, seconded by Councilmember Kaluderovic and approved by voice vote, the Consent Calendar, as presented except for H.11, which was continued to a later date, H.5(2), H.6, H.7, H.12 and H.14 which were pulled for separate discussion.
Motion carried, 5-0.
City Clerk Manzano read titles to Resolution No. CC-2407-055 and CC-2407-056.
I. EXCLUDED CONSENT CALENDAR ITEMS
H.5. APPROVE CONTRACTS UNDER $35,000:
2. APPROVE A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BAKER INTERNATIONAL, INC. FOR
DESIGN AND CONSTRUCTION SUPPORT SERVICES FOR THE
AVIATION BLVD NORTHBOUND AT ARTESIA BLVD RIGHT TURN LANE PROJECT, JOB NO. 40780, IN AN AMOUNT NOT TO EXCEED $27,695 FOR THE TERM ENDING DECEMBER 31, 2025 WITH A ONE-YEAR
RENEWAL OPTION
Councilmember Behrendt announced his abstention on Item No. H.5(2).
City Clerk Manzano reported receiving one eComment in relation to this item. 46 REGULAR MEETING
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There were no other public comments.
Motion by Councilmember Obagi, seconded by Councilmember Kaluderovic and approved by voice vote, Item No. H.5.(2).
Motion carried, 4-0-1. Councilmember Behrendt abstained.
H.6. EXCUSED ABSENCES FROM VARIOUS COMMISSION AND COMMITTEE
MEETINGS
CONTACT: ELEANOR MANZANO, CITY CLERK
Councilmember Behrendt mentioned notes from the City Clerk referencing policy and wondered whether City Council would like to discuss this policy sometime in the future.
Councilmember Nehrenheim reported he has looked at the excused absences issue for a long time; mentioned the inconsistencies with attendance rosters and absences being recorded; stated the ordinance requires requests for excused absences need to be done prior to the meeting date; asked for clarification on attendance rosters being attached and mentioned not seeing the attendance summary report in a long time.
In response to Councilmember Nehrenheim’s question, City Clerk Manzano mentioned it has been inconsistent but a new person has been added and this should bring consistency to the attendance summary report.
More discussion ensued regarding making the policy clearer.
In reply to Councilmember Kaluderovic’s question, Councilmember Behrendt spoke about cases of family emergencies where absences are unexpected.
Mayor Light asked if unexcused absences are reported.
City Clerk Manzano reported that she has not had any unexcused absences in the last six months, so far.
Mayor Light invited public comments.
Ron Maroko felt that unexcused absences should be reported in summary reports; reported he has been tracking commission absences for a long time; presented numerous examples, including meetings that were cancelled because of a lack of a quorum; addressed requests for excused absences; the proper process for meetings when there is a lack of quorum; talked about the need for more robust reporting to City Council and to the community.
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There were no other public comments.
Councilmember Behrendt stated this seems to overlay with Item H.14 and urged the public to submit recommendations, questions, and comments in writing for City Council to review.
Councilmember Obagi addressed a question to the City Attorney; he posed if a commission meeting convenes, and there is no quorum, has a meeting really occurred. Laughter ensued.
City Attorney Webb confirmed no meeting would have actually occurred; he directed Council to review Section 2-9.107 of the Charter dealing with uniform regulations on commissions; noted the City already has the necessary tools in place; stated he did not think there is a requirement to request an excused absence beforehand and suggested a referral to Staff for a summary report to determine the scope of the problem.
Motion by Councilmember Obagi to excuse the absences from the various Commissions and Committee meetings and direct the City Clerk to return with a list of Commissioners who have been absent for 60 days or longer.
Councilmember Nehrenheim mentioned absent for two consecutive meetings.
Councilmember Kaluderovic suggested unexcused absences for the last four months; noting the Council has not been getting that information.
City Attorney Webb reported some commissions meet less frequently than monthly and suggested keeping it at 60 days or longer.
Councilmember Nehrenheim suggested listing the data from when Commissioners were sworn in (September).
Amended motion by Councilmember Obagi, seconded by Councilmember Behrendt, and approved by voice vote, to excuse the absences from the various Commissions and Committee meetings and direct the City Clerk to return with a list of Commissioners who have been absent for 60 days or longer and have unexcused absences.
The amended motion carried, 5-0.
H.7. APPROVE PLANS AND SPECIFICATIONS FOR THE ARTESIA
BOULEVARD SAFETY IMPROVEMENTS PROJECT, JOB NO. 41330, AND
AUTHORIZE THE CITY CLERK TO ADVERTISE THE PROJECT FOR
COMPETITIVE BIDDING
CONTACT: ANDREW WINJE, PUBLIC WORKS DIRECTOR
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Councilmember Obagi reported pulling this item to allow Public Works Director Winje to discuss the various proposed project improvements related to this item.
Public Works Director Winje provided a brief history of the project and addressed project goals, specific improvements and changes at Artesia and Rindge to improve safety including bulb-outs and bollards; stated they are at the point where they are ready to put this out for public bidding process; continued on giving more details on the project’s goals.
Councilmember Obagi mentioned bulb-outs on Grant and reported receiving feedback regarding drivers struggling to make a right turn around bulb-outs; suggested slanting the corner to warn drivers so they do not hit the bollards, especially during early implementation.
Public Works Director Winje reported the purpose of the bulb-outs is to signal drivers to move their vehicle into the traffic lane and remain there until they make a right rather than going against the curb.
Discussion followed regarding safety for pedestrians, citing various scenarios that may lead to dangerous situations. Public Works Director Winje clarified the intention of the use of bollards and bulb-outs; stating they are not meant for refuge for pedestrians but to signal drivers to slow down and wait to proceed into the traffic lanes; suggestions were made on the design; more explanation was given. The Mayor voiced his concerns for pedestrian safety; concerns were addressed.
Mayor Light invited public comments.
Ron Maroko commented on the intersection; mentioned the interaction between bicycles and eBikes on the subject corner should also be a concern; stated that is where the real risk is.
Andy Porkchop opined this project will only slow down traffic; opposed the project.
There were no other public comments on this item.
Motion by Councilmember Obagi, seconded by Councilmember Kaluderovic, and approved by voice vote, to approve Item No. H.7.
The motion carried, 5-0.
H.12. INTRODUCE BY TITLE ONLY ORDINANCE NO. 3272-24, AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF REDONDO BEACH,
CALIFORNIA, REPEALING SECTIONS 2-9.201 THROUGH 2-9.303, AND SECTIONS 2-9.1101 THROUGH 2-9.1203 OF THE REDONDO BEACH
MUNICIPAL CODE REGARDING THE HISTORICAL, PRESERVATION,
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LIBRARY, AND RECREATION AND PARKS COMMISSIONS, AND
ADDING SECTIONS 2-9.1501 THROUGH 2-9.1503 REGARDING THE CONSOLIDATED PUBLIC AMENITIES COMMISSION. FOR
INTRODUCTION AND FIRST READING.
CONTACT: LUKE SMUDE, ASSISTANT TO THE CITY MANAGER
Councilmember Obagi addressed an email from Steve Colin, Chair of the Historical Commission, included in Blue Folder Items; stated the Chair harassed City staff Gary Margolis and Elizabeth Hause about decisions that City Council made to appoint Mayor Light; Councilmember Obagi clarified City staff does not make that decision and stated Council makes that decision; he lists other parts of the email that are sexist and incorrect; goes on to berate the behavior of this Commissioner.
Councilmember Obagi stated he wanted to ensure this email is part of the City’s history.
Motion by Councilmember Obagi to approve Item No. H.12.
Councilmember Behrendt felt this item overlaps the discussion regarding H.6 relative to issues with quorums; reported reviewing correspondence from Jennifer Hall, Chair of the Library Commission and a letter from the Recreation and Parks Commissioner; opined the letters raised some valid points; talked about the potential of the proposal improving the situation for staff and members of the public; stated he is in favor of the proposal; mentioned changes can be made if it does not work out.
Mayor Light mentioned numbers he compiled when he was putting in his recommendations for commissions; stated that in 2023, across the four commissions, 18 meetings were cancelled for various reasons; stated that the average actionable items per year resulted in three per commission per meeting; stated he thought that was a digestible amount; felt when an item is of more importance, members will get more engaged and there will be less absences and less cancellations.
Mayor Light invited public comments.
Ron Maroko, District 3, voiced that consolidating may not be a good idea; recognized it is City Council and Staff’s prerogative to try something and that commissioners serve at the pleasure of the Council; thanked Assistant to the City Manager Smude for his work on the matter; wished Council good luck; opined that combining commissions results in a reduction in community involvement which contradicts Council’s goal.
Andy Porkchop spoke about the policy of commissions and committees in the City of Torrance and opposed limiting participation by citizens in City government.
There were no other public comments.
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Councilmember Obagi restated the motion.
Motion by Councilmember Obagi, seconded by Councilmember Behrendt and carried by voice vote, to introduce, by title only, Ordinance No. 3272-24, an ordinance of the City Council of the City of Redondo Beach, California, repealing sections 2-
9.201 through 2-9.303, and sections 2-9.1101 through 2-9.1203 of the Redondo Beach Municipal Code regarding the Historical, Preservation, Library, and Recreation and Parks Commissions and adding sections 2-9.1501 through 2-9.1503 regarding the Consolidated Public Amenities Commission for Introduction and First Reading.
The motion carried 5-0.
City Clerk Manzano read title to Ordinance No. 3272-24.
H.14. APPROVE UPDATES TO THE MASTER FEE RESOLUTIONS TO REFLECT THE FINAL 2024-25 FISCAL YEAR BUDGET ADOPTION MOTION AND TO SET JULY 10, 2024 AS THE EFFECTIVE DATE FOR THE FEES THAT DO NOT
REQUIRE ORDINANCE MODIFICATION PRIOR TO IMPLEMENTATION
ADOPT BY TITLE ONLY RESOLUTION NO. CC-2406-049, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA,
AMENDING THE COMMUNITY DEVELOPMENT DEPARTMENT USER FEES,
AS AMENDED
ADOPT BY TITLE ONLY RESOLUTION NO. CC-2406-050, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA,
AMENDING THE PUBLIC WORKS DEPARTMENT USER FEES, AS
AMENDED
ADOPT BY TITLE ONLY RESOLUTION NO. CC-2406-051, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA,
AMENDING THE POLICE DEPARTMENT USER FEES, AS AMENDED
ADOPT BY TITLE ONLY RESOLUTION NO. CC-2406-052, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA,
AMENDING THE COMMUNITY SERVICES DEPARTMENT USER FEES, AS
AMENDED
CONTACT: WENDY COLLAZO, FINANCE DIRECTOR
Councilmember Loewenstein highlighted items approved in the FY 2024/2025 budget including increases to fees at Alta Vista Park, Aviation Park Gym (large and small gyms), picnic shelters, maintenance fees and parking permits; stated how much this budget meeting bothered him; he was disappointed in the lack of 51 REGULAR MEETING
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cooperation with Council and the lack of consideration for residents; explained that is why he voted against the majority; he stated it will be his last budget he votes on; touched on parts of the budget that bothered him but not wanting to rehash it all; urged fellow Councilmembers to consider what residents want and not what staff wants; not spend every bit of the budget then placing the burden on the backs of residents; asked Council to provide services at reasonable costs and fees to residents instead of making money off residents. He stated he will vote, “No” on this item as he feels it is the wrong thing to do; he only went with the majority because Council had to pass the budget.
Councilmember Obagi indicated his surprise and mentioned Lowenstein’s budget allocated $65,000 to replace box signs and $72,000 to paint traffic poles, which do not enhance anyone’s quality of life; talked about not funding for the Wiley Sump Preserve, raising rent for the Redondo Beach Performing Arts Center, and highlighted other items; he stated his budget focused on what was strictly necessary to deliver high-quality service to residents in terms of after-school programs, resurfacing tennis courts, appropriating money for sound insulation for pickleball and noted support for the increases.
Councilmember Kaluderovic stated that fees had to be raised in order to hire more staff to provide services for residents; mentioned she does not want to subsidize concealed weapons and added the City is raising fees because it is not creating revenue in other places.
Councilmember Loewenstein mentioned the box signs are to benefit the whole city; stated he spent only $40,000 in District 2, other than Wilderness Park (which benefits everyone); noted he did not spend the Subdivision Public Park Trust Fund bringing it down to zero. Additionally, he stated that painting traffic poles are for the entire City.
Councilmember Nehrenheim agreed with Councilmember Loewenstein’s comments in opposing this item; noted the City experienced a record-revenue year before raising the fees; referenced a quote from years back stating “California doesn’t have a revenue problem, it has a spending problem” and said this Council spends too much; referenced the upcoming bond matter; felt that cancelling free parking at Riviera Village this year will be a shock to residents; reported he will join Councilmember Loewenstein in opposing this item.
Councilmember Obagi stated that Council cannot use credit cards; noted the Charter requires that the budget must be balanced; stated many of the appropriations in District 2 are one-time expenditures and investments; noted they are not recurring and felt that is why the City will have a big surplus next year.
Mayor Light invited public comments.
Andy Porkchop opined the City of Torrance is in trouble because they raised taxes 52 REGULAR MEETING
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and fees; mentioned a lot of people are leaving Southern California for that reason; voiced his opposition on raising taxes and fees since people will not be able to live here.
City Clerk Manzano reported receiving one comment on Zoom and one eComment in opposition to this item.
There were no other public comments.
Motion by Councilmember Obagi, seconded by Councilmember Behrendt, and carried by voice vote, to approve updates to the Master Fee Resolutions to reflect the final 2024- 25 Fiscal Year Budget Adoption motion and to set July 10, 2024 as the effective date for the fees that do not require ordinance modification prior to implementation, Adopt by Title Only Resolution No. CC-2406-049, a resolution of the City Council of the City of Redondo Beach, California, amending the Community Development Department user fees, as amended, Adopt by Title Only Resolution No. CC-2406-050, a resolution of the City Council of the City of Redondo Beach, California, amending the Public Works Department user fees, as amended, Adopt by Title Only Resolution No. CC-2406-051, a resolution of the City Council of the City of Redondo Beach, California, amending the Police Department user fees, as amended and Adopt by Title Only Resolution No. CC2406-052, a resolution of the City Council of the City of Redondo Beach, California, amending the Community Services Department user fees as amended.
The motion carried 3-2. Councilmembers Loewenstein and Nehrenheim voted no.
City Clerk Manzano read title to Resolutions No. CC-2406-049, CC-2406-050, CC-2406- 051 and CC-2406-052.
J. PUBLIC PARTICIPATION ON NON-AGENDA ITEMS
J.1 For eComments and Emails Received from the Public
Joan Irvine, District 1, suggested that Council consider where the City may be if there had been timely development on the Waterfront, if the Legado project had not been delayed, no special elections, and if the City had embraced the potential of cannabis dispensaries in 2017; felt that Redondo Beach could be in a robust, economic position; talked about not being able to change the past, but having the power to move forward; asked about the status of the cannabis ordinance and applications for retail cannabis in the City; felt it is hypocritical that society accepts alcohol use in front of minors while expressing concerns about cannabis; submitted copies of a research study that found teen use of cannabis decreases when cannabis is legalized and regulated.
Motion by Councilmember Nehrenheim, seconded by Councilmember Kaluderovic, and carried by voice vote, to receive and file copies of an article, submitted by Joan Irvine.
The motion carried 5-0.
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Joan Irvine discussed the benefits of legalization; talked about gun violence and potential impacts of cannabis in reducing gun violence and urged City Council to prioritize this issue for the benefit of the community.
Ray Hollar, Lawndale, discussed the Metro C-Line Extension Project and the May Metro Board meeting; thanked the Mayor and other city representatives for attending and speaking at that meeting; spoke in support of Niki Negrete-Mitchell regarding her urgent request for help on the Metro Line issue; encouraged more residents to get involved so that Metro can hear new voices; noted that the Green Line extension will change the South Bay forever.
Niki Negrete-Mitchell, District 3, spoke about discussions at the May Metro Board meeting; discussed a vote on an amendment presented by Metro Board Member James Butts; requested for a more detailed analysis of the LPA and the Hawthorne Boulevard option; noted the amendment was not included in the meeting minutes and Metro is acting like the amendment never happened; detailed what took place at the meeting and the outrage she and others felt; mentioned a request a formal, legal inquiry into the matter.
Holly Osborne, District 5, explained the illustrations of the ROW regarding the Metro CLine Extension Project; voiced her frustrations regarding the design and noted it is not the LPA but rather the Metro preferred alternative.
Motion by Councilmember Kaluderovic, seconded by Councilmember Nehrenheim, and carried by voice vote, to extend the speaking time for Holly Osborne by 30 seconds.
The motion carried 5-0.
Holly Osborne mentioned Metro has talked about extending freight trains in front of senior housing and stated she will continue to educate Council on the design.
Bob Pinzler referenced a discussion, in last Sunday’s New York Times magazine, about cannabis in the State of New York and the failures they have experienced from their implementation of cannabis policies; encouraged Councilmembers to read it to learn about the pitfalls; pointed out that no matter the issue, someone has had an experience that others can learn from.
Andy Porkchop thanked Council for the fireworks show; talked about the City of Torrance calendar of events; discussed public transportation and safety; thanked the City for allowing three minutes to speak.
City Clerk Manzano reported receiving one eComment regarding this item.
Nancy Skiba, District 4, via Zoom, thanked City Council for the fireworks show on July 4, 2024.
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There were no other public comments.
K. EX PARTE COMMUNICATIONS - None
L. PUBLIC HEARINGS - None
M. ITEMS CONTINUED FROM PREVIOUS AGENDAS – None
N. ITEMS FOR DISCUSSION PRIOR TO ACTION
N.1. DISCUSSION AND POSSIBLE ACTION REGARDING SELECTION OF A COLOR
PALETTE FOR THE NEW CITY LOGO AND NEXT STEPS FOR LOGO
IMPLEMENTATION
CONTACT: ELIZABETH HAUSE, INTERIM COMMUNITY SERVICES DIRECTOR Interim Community Services Director Hause narrated a PowerPoint presentation with details of the Administrative Report; provided more explanation on the options for colors; asked Council to select the official colors for the approved logo design.
Traffic Engineer Liu presented examples of existing street name signs; reported the City is no longer allowed to use all capital letters for street names according to a new state and federal law; explained in 2009 that law was implemented to increase legibility; detailed the implementation of new signs and presented samples of the proposed new street signs along with examples of other cities; explained the various fonts allowed and other details to consider in the decision regarding new street signs.
Interim Community Services Director Hause stated that a decision on the new street signs was not needed tonight; gave some direction on how Council should proceed in the selection process; noted Staff would work with Stellen Design to develop design guidelines.
Councilmember Obagi asked Traffic Engineer Liu to hold up two signs in the back of the Council Chambers; felt the blue signs are the most legible and clear between the green and blue signs.
In reply to Councilmember Behrendt’s question about gradients, Interim Community Services Director Hause stated it would be preferable to use consistent colors and gradients across the board; explained the reasons the designer preferred gradient No.
22. Councilmember Behrendt directed a question to the City Attorney; asked, in respect to protecting intellectual property of the City, whether only the approved gradient would be protected; City Attorney Webb stated he will get that answered by someone with expertise and will return to Council with a response.
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Councilmember Loewenstein stated there is a reason highway signs are green; mentioned that darker blue is distracting to the eye and less visible at night; noted there are various reasons the Redondo Beach signs are green; suggested that people Google the reasons for more information; expressed support for green street signs. Additionally, he talked about many street signs being faded; recommended replacing those as soon as possible; suggested keeping an inventory of faded street signs and replacing those prior to changing any that aren’t as damaged.
Traffic Engineer Liu reported a part-time staff member is working on making an inventory of signs that need to be replaced.
Councilmember Loewenstein mentioned it would be great if Council could settle on a design as soon as possible in order to start replacement of faded signs and lighted box signs with the new logo design.
Councilmember Nehrenheim spoke about challenges of having a gradient on the logo; addressed lack of consistency in signs in terms of the logo design, colors and the proposed color palettes. He reported results of an informal poll that he conducted resulted in a majority of respondents preferring the logo with gradient 22, with the white background, and including green in the logo to tie in with the green street signs; opined that with a green sign, there will be a cleaner transition and respects the history of the City.
More discussion ensued regarding the various gradients.
Councilmember Kaluderovic spoke in support of gradient 22 and the green background.
Councilmember Obagi agreed with using a green background for the street signs; displayed a photo of an existing green and blue street signs together; believed that using the green background would blend in more with existing old signs; stated he likes gradient 22 but questioned the use of the mustard color.
Interim Community Services Director Hause reported she can work with the artist to make the yellow a brighter shade.
Councilmember Obagi stated his support for gradient 22 and green backgrounds for City street signs.
City Manager Witzansky reported that the vast majority of street signs in the City are green; in response to Councilmember Nehrenheim’s question regarding what is done with the old signs, City Manager Witzansky stated that they are recycled and rescreened.
Councilmember Nehrenheim suggested auctioning street signs and allocating the proceeds to local non-profits.
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City Manager Witzansky noted that reuse helps the City alleviate some of its cost burden and noted there would be costs associated with auctioning or donating City street signs.
Mayor Light invited public comments.
Bob Pinzler commented that gradient 27 resembles the “smog sunset” logo; wondered why the 2009 “new” State law regarding the prohibition of using all capital letters for street signs was not implemented sooner; agreed with using a green background for street signs.
Andy Porkchop agreed the signs should be green; talked about the City of Torrance street signs; noticed Torrance Boulevard has blue street signs; commented on saving money for tax payers.
Sue Brennan spoke in support of green signs; felt yellow and white may not blend well; indicated she would be interested in buying a street sign; agreed it would be a good fundraiser.
City Clerk Manzano reported receiving two eComments; one in support of the item and one neutral.
There were no other public comments on this item.
City Manager Witzansky reported the artist will prepare a kit to present to City Council with a final version of the proposed street sign and logo.
Motion by Councilmember Nehrenheim, seconded by Councilmember Obagi, and carried by voice vote, to approve the use of green street signs with white and using gradient 22 (Option 1) and to direct staff to work with the artist on the color palette and to make the flat yellow color brighter.
The motion carried 5-0.
N.2. DISCUSSION AND POSSIBLE ACTION REGARDING THE SCOPE OF WORK
FOR THE DEVELOPMENT OF A CITYWIDE PARKS SYSTEM ASSESSMENT CONTACT: ELIZABETH HAUSE, INTERIM COMMUNITY SERVICES DIRECTOR Interim Community Services Director Hause introduced Deputy Community Services Director Orta; she and Deputy Community Services Director Orta presented the scope of work for the development of a Citywide Parks Master Plan. She noted that, currently, there are no funds in the budget for a Parks Master Plan; presented a PowerPoint to explain further their vision on the plan; provided reasons why the Master Plan is needed, options on how to design the plan; recommendations on specific visions for the City; looking for Council’s direction whether this is something the City would consider pursuing.
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City Manager Witzansky explained it was purposeful that Staff does not include this effort as part of this year’s budget; explained the Community Services Department is in transition and is focusing on outstanding projects; noted that, at some point, there will be a permanent Community Services Director and Parks Services Manager; believed within six months, Staff may have the ability to do an internal assessment, understand maintenance and other needs and return when there is more bandwidth to spend resources on those efforts; discussion ensued.
Mayor Light commented on the elimination of the lower pond at Wilderness Park and the misuse of funds to try to recreate it; opined the General Parks Master Plan is a waste of time; felt the City should utilize the resources already available instead of using money to pay for the information; felt the City is park poor and has experienced a slight reduction of park lands partially because of losing the community center at Knob Hill and because the population has steadily grown; discussed major renovations occurring at Seaside Lagoon and a Master Plan from OB that has not been implemented but had money set aside for, and now the money is gone; reported he is hesitant on supporting another Master Plan until the City executes on the projects that have already been identified and that it has committed to do. He added that Staff has enough on its plate; believes if given more time, the work could be done internally and voiced opposition to moving forward on this matter.
Councilmember Kaluderovic reported she had asked to include this matter on the Strategic Plan last year; explained she did not mean for it to be an assessment of park conditions, but rather a holistic assessment of park use; spoke about play structure costs; spoke about misuse of park space and the redundancy of the equipment provided; clarified her goal for evaluation was to determine who uses the parks and how to best serve the entire community. She agreed with Mayor Light as far as the City’s workload but saw the need for such an evaluation in the future; asked to keep the topic on the Strategic Plan and supported pausing this effort for now.
Councilmember Nehrenheim referenced an Administrative Report in 2021 regarding the condition of amenities in City parks and parkettes; reported the Recreation and Parks Commission reviewed the report and made recommendations; displayed a report done by the county in 2016 that categorized parks and open spaces in Redondo Beach; noted it can be used as a guide going forward and urged the use of similar reports and studies already conducted rather than spend additional money and time. Councilmember Nehrenheim stated he will submit the reports into the record.
Councilmember Loewenstein agreed with Mayor Light; stated the City has many projects in the hopper that should be executed first and are already funded; referenced a past parks amenities assessment and asked if that report could be found.
In response to his question, City Manager Witzansky stated he was sure it could be pulled; addressed the status of the Regional Park restrooms and the Dog Park; agreed the priority now is execution rather than planning for the next round of projects. 58 REGULAR MEETING
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Mayor Light acknowledged Councilmember Kaluderovic’s request for an assessment of park use rather than conditions and felt it would be beneficial to find out whether the City is correctly programming parks.
City Manager Witzansky agreed that a comprehensive Parks Master Plan would be of value and that is what the proposed Master Plan was intended to do.
Mayor Light again suggested that City staff could work on the comprehensive Parks Master Plan internally.
City Manager Witzansky agreed they could but it would take time and energy; noted it would require community meetings, input and feedback; agreed with the assessment of the parks having too much play structures and are misused; reiterated they are already loaded with current projects they need to complete and it is prioritization of effort that needs to be the City’s focus.
Councilmember Obagi agreed with Mayor Light and Councilmember Kaluderovic; recalled when this was brought up it was about parkettes and maintenance; noted with the amount of parkettes the City has it would be overwhelming to assess them all; suggested it would be good to get a consultation on parkettes alone in terms of a plan for maintaining or replacing them moving forward to utilize the space for what the community wants or needs.
City Manager Witzansky reported the scope of work included in developing a master plan; spoke about the need to have someone able to manage that effort; noted the lack of resources and capacity to move forward with one at this time.
Councilmember Obagi commented on the work being completed at the various parks; felt the City is taking care of the major parks; suggested directing staff, once departments are fully staffed, to return with an analysis of existing parkettes including how they are being used, maintenance requirements to continue those uses and what alternative uses could be made and provide outreach to residents.
Councilmember Kaluderovic reiterated there is value in this, but not at this time; agreed with segmenting and analyzing just the parkettes and spoke about having a holistic view of the City in terms of residents’ proximity to major parks.
City Manager Witzansky asserted that when Staff returns with the strategic plan conversation, Council could decide how to move forward.
Motion by Councilmember Kaluderovic to pause the effort at this time, and as Council revisits the strategic plan it can decide how to move forward.
Mayor Light invited public comments.
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Ron Maroko, District 3, suggested this could be a great project for the Youth Commission to undertake; inquired about the possibility of implementing pickleball at the parkettes.
Councilmember Kaluderovic reported getting complaints from neighbors near parkettes but agreed this would be a good project for the Youth Commission; stated many middle school students do not have places to hang out.
Mayor Light remembered when students came before Council advocating for a skate park and agreed with engaging the youth of different ages.
Andy Porkchop spoke about the importance of parks; agreed hiring a consultant for a master plan would be a waste of money and talked about making school yards available for kids.
There were no other public comments on this item.
In response to Councilmember Obagi’s question about the Youth Commission, Mayor Light reported it will be active in October.
Councilmember Obagi offered a friendly amendment to direct the Youth Commission, when it is effective, to inventory all City parks, their amenities and conditions with a photo book report; providing feedback on the needs and desired uses of the parks from their perspective.
Councilmember Kaluderovic welcomed the amendment but did not agree with asking them to report on the conditions of the parks but to focus on the programming.
The amended motion was restated.
Amended motion by Councilmember Kaluderovic, seconded by Councilmember Obagi, and carried by voice vote, to pause the effort at this time and to direct the Youth Commission, when it is effective, to inventory all City parks from a programming perspective.
The amended motion carried 5-0.
O. CITY MANAGER ITEM
City Manager Witzansky thanked the RBPD, RBFD and Traffic Control for the Fourth of July events and fireworks show; noted it was a team effort and recognized the hard work put into the event; mentioned they have less complaints overall from previous years; announced the launch of the City’s external facing online building permit program in early August.
P. MAYOR AND COUNCIL ITEMS
60 REGULAR MEETING
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Tuesday, July 9, 2024
P.1. DISCUSSION AND POSSIBLE ACTION REGARDING THE CHARTER REVIEW ADVISORY COMMITTEE’S REPORT RECOMMENDATIONS
REGARDING THE PROCESS OF “PUBLISHING” AND RESIDENCY
REQUIREMENTS AS DIRECTED BY COUNCIL AND;
LETTER TO COUNCIL FROM THE REDONDO BEACH UNIFIED SCHOOL DISTRICT DATED MAY 29, 2024 REGARDING A CHARTER CHANGE
AMENDING SECTION 16.1, BOARD MEMBERS, REGARDING
COMPENSATION
DISCUSSION AND POSSIBLE ACTION REGARDING THE COMMITTEE’S
FUTURE WORK OR DISBANDMENT
Bob Pinzler, Member, Charter Review Advisory Committee (CRAC), discussed a memo given to City Council regarding the two remaining items including the process of publishing and residency requirements; spoke about the CRAC looking to the future with respect to the recommended Charter changes; talked about the possibility of local newspapers disappearing in the future and requiring publishing for bids and reported the CRAC’s recommendations are to eliminate the word “newspaper” and to generalize it to be following State law giving Council flexibility on this issue for 20- 25 years. In terms of bids, he reported there are requirements in State law to publish notices in printed form, in newspapers; mentioned speaking with a Councilmember from Arcadia who told him they are trying to make the requirement as generic as possible so they can deal with changes without having to go through the Charter process; talked about changes in technology and the difficulty it poses due to its ability to change so quickly.
Ron Maroko, Member, CRAC, explained the Committee attempted to save costs in terms of printing (i.e., the General Plan).
Joe Dawidziak, Member, CRAC, spoke about the Committee discussing the possibility of mailing postcards to residents with a QR code to access electronic notices and documents, such as the Building Code or the General Plan; mentioned installing kiosks at specific locations for the public to access electronic information and stated the CRAC is trying to offer Council the flexibility to adapt to technology changes in the future.
Councilmember Behrendt commended the CRAC for a job well done and hoped Council can make some changes that will accomplish what the CRAC is recommending.
Mayor Light commented on having the ordinances ready to go for the initial round as things will come up quickly after the election.
City Attorney Webb referenced Section 420 and materials related to the City of Arcadia, which was the most recent amendment of a Charter City; they distinguished 61 REGULAR MEETING
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between matters of municipal affairs and local affairs; stated that for municipal affairs, changes can be done by ordinance and provides the most flexibility for Council and making it clear that matters that do not pertain solely to municipal affairs have to comply with applicable law.
In response to Mayor Light’s question, City Attorney Webb reported that Article 27 specifically uses the word “mail” and changing it to “publish” would not change the requirement that it be mailed; suggested City Council may want to change both.
Discussion followed regarding whether “mail” included email, and whether amending Article 27, in the same spirit as eliminating the word “publish”, would allow Council to do.
Councilmember Nehrenheim confirmed publishing would be “as defined by City ordinance”.
Member Maroko added that Council has the discretion to change what it wants “published”; mentioned looking at options for reducing costs of printing in newspapers; reported the CRAC ultimately decided to change “publish” to give Council the maximum flexibility for changes in the future.
Member Dawidziak spoke about whether people really read newspaper notices.
Councilmember Nehrenheim mentioned the CRAC pointed out that the current newspaper, wherein the City publishes its notices, does not get delivered to residents anymore.
Member Maroko added that, per State law, the City will need an official newspaper until the law changes.
Councilmember Nehrenheim agreed to changing the definition and adding “as per City ordinance”.
City Attorney Webb displayed a slide of the City of Arcadia’s Section 420; read over the section pertaining to the discussion and suggested using this as an example but not necessarily using the exact wording.
Councilmember Loewenstein agreed with verbiage “as per ordinance”; talked about Democracy and access to it via cellphones; noted the availability of computers in the Library; liked the idea of a QR code; suggested providing the option of requesting hard copies on the QR code postcard; commended the CRAC for their hard work.
In reply to Councilmember Obagi’s questions regarding the City Attorney’s understanding of the CRAC recommendations, City Attorney Webb understood that City Council will remove the requirement for matters of purely municipal concerns to publish in a local newspaper, bifurcate the rules for purely municipal matters and 62 REGULAR MEETING
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leave them up to ordinance; for matters that are not purely municipal, Council will comply with State law.
Motion by Councilmember Nehrenheim to accept the Charter Review Advisory Committee’s recommendation to remove the requirement for matters of purely municipal concerns to publish in a local newspaper, bifurcate the rules for purely municipal matters and leave them up to ordinance; for matters that are not purely municipal Council will comply with State law.
Councilmember Obagi requested a friendly amendment to include an amendment regarding the references to “mail” in Article 27.
City Attorney Webb stated that is not on tonight’s agenda and stated Staff will return for direction regarding Article 27.
Councilmember Obagi seconded by motion.
Mayor Light invited public comments.
Councilmember Loewenstein left the Chambers at 9:20 p.m.
Andy Porkchop spoke about the need to follow State and Federal guidelines; suggested posting notices on school bulletin boards or mailing flyers to residents; noted that not a lot of people read them and nobody else cares.
Councilmember Loewenstein returned to the Chambers at approximately 9:23 p.m.
Councilmember Kaluderovic left the Chambers at approximately 9:23 p.m.
There were no other public comments on this item.
The motion carried 4-0-1. Councilmember Kaluderovic was absent.
Councilmember Kaluderovic returned to the Chambers at approximately 9:25 p.m.
Member Maroko discussed the CRAC’s consideration of a definition of “residence”; reported he was the only member who opposed the CRAC’s recommendation; stated it was decided that the standard should be where a person is registered to vote; opined “resident” and “registered to vote” seemed ambiguous but the CRAC decided to include a definition and an analysis of how it came to its decision.
Member Pinzler added that the issue was how to define a “registered voter” and the CRAC decided it is whatever the Registrar of Voters indicates; explained the existing County structure and felt that is the best way to go. Additionally, he explained by filing a police report violation of the Charter can be made public; mentioned the CRAC felt that 30 days (prior to filing) seemed to be the right amount of time for a person to be 63 REGULAR MEETING
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considered a resident of the City and qualify to run for office.
Discussion followed regarding the reason for determining 30 days; the possibility of establishing a longer period; and addressing the Mayor’s position.
City Attorney Webb stated that 30 days is the maximum for requiring residency; noted that holding office is a fundamental right that cannot be unduly restricted, and courts seem to frown on requiring longer.
Member Dawidziak noted that 30 days may not be beneficial to any community of interest; mentioned there may be a nefarious point of intent with no concern about longevity and indicated he voted for the CRAC’s recommendation to 30 days but did not agree.
Councilmember Loewenstein agreed. City Attorney Webb reported that unfortunately, the California Supreme Court does not; noting it held that any requirement that is more than 30 days is a violation of the Equal Protection Clause.
Mayor Light wondered whether the Mayoral and other elected positions should be changed to require elected officials have to remain a resident during their term(s) in office.
City Attorney Webb stated Council has no obligation to change it; could change it for the Mayoral position but questioned the need to change the other three elected positions as it would be harder for them to change their residencies as the positions are mostly full-time jobs and neither can leave the City for longer than 30 days. He added that the Mayor position is the easiest to change; suggested, for the other three, Council may want to remove the 30 days and indicate “resident” or add “and remain a resident”.
Member Pinzler stated that the CRAC’s recommendation is to, for clarification purposes, add the Mayor and all Citywide offices.
Councilmember Obagi asked if the CRAC considered whether a person should have an intent to remain a resident of the City to continue to hold office.
Member Dawidziak reported the CRAC had that discussion, mainly because he prolonged it, and decided “residency” would be considered at the time a person files to run for office.
Member Pinzler spoke about complications in including “intent” and noted intent is almost impossible to prove.
Councilmember Nehrenheim reported the State definition as “domicile” rather than “residence”; stated residency can be changed only by the union of “act” and “intent”; felt the only things that need to be cleaned up are the Mayor, elected positions and 64 REGULAR MEETING
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Councilmembers.
City Attorney Webb disagreed; spoke about there being volumes of AG opinions as to what constitutes residency and what does not; encouraged Council to review it; talked about moral turpitude and residency and how it is a fundamental right that a tie go to the office holder and there was initial direction to define it so it can be interpreted more clearly; reported he provided a number of different definitions of State law that defines residency, differently and stated Council can pick any of those to include in the Charter, for purposes of being elected and that “domicile” is one acceptable method.
Additionally, City Attorney Webb explained that if there is a criminal violation of the Charter, the case goes to the Police Department or another investigative agency. If it is a felony, it begins with the DA’s office, unless they reject it and refer it to the City Attorney. He addressed misdemeanor charges going straight to City Council; spoke about the processes in General Law cities and listed options available to City Council at this time.
Member Maroko reported that the intent remains with the City Council as the fact finders.
Councilmember Nehrenheim stated that for voting purposes, the State defines “residency” as a person’s domicile and read the applicable statutes; referenced the City’s Carry Concealed Weapons permit as distinguishing between “residence” and “domicile” and reiterated the items needing to be cleaned up are the Mayor, elected positions and Councilmembers.
Again, City Attorney Webb disagreed; referenced Section 6.5; asserted that State law does not trump a Charter City in setting up elections; suggested that Council could take language from that section and include it in the Charter and then “domicile” would be the definition and noted that to declare that State law determines it is legally, incorrect and it ignores the different definitions of “residents” in the State.
Councilmember Nehrenheim noted Mr. Colantuono and other attorneys had different opinions and noted this involves election law.
In reply to Councilmember Obagi’s questions regarding whether Councilmember Nehrenheim’s goal is to have a domicile requirement, Councilmember Nehrenheim declared that “domicile” is “residence” and there is an equivalency.
Motion by Councilmember Obagi, seconded by Councilmember Nehrenheim, to incorporate the “domicile” requirements as defined in Election Code 349 (B) in the Charter and incorporate the continued “domicile” requirement to the Mayor and other Elected Offices, as deemed appropriate.
City Attorney Webb confirmed the City will continue the residency requirement and 65 REGULAR MEETING
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will define “resident” using the exact language for use in the Charter and will continue for local municipal officials.
Member Pinzler commented on consideration of “qualified elector” indicating that they were registered to vote at a particular time and stated that seemed to be a clear indication of the current USPS change-of-address process where the USPS informs the Registrar of Voters there has been a change of address.
Discussion followed regarding picking a word and using it.
Councilmember Nehrenheim mentioned the need to include the 15-question test that the State of California uses to determine “domicile” and to consider several scenarios.
Councilmember Obagi clarified that the motion is not eliminating the current eligibility requirements that include “they shall be a registered voter”.
City Attorney Webb added it does not require that “they maintain”; felt that Council may not want to rush to a motion; referenced Government Code 36.502a, 17.70, 244, 34AA2 and others, and Elections Code 10.227; noted the City does not have to follow State law when determining qualifications for being a resident; urged City Council to carefully review the materials provided by the CRAC, especially the various competing definitions. In addition, he commented on case law in the City of Ojai regarding a Councilmember who became unhoused; spoke about needing to be specific enough that all future Councilmembers and future City Attorneys advising them understand the definition clearly.
Councilmember Obagi asked whether all bases would be covered if the City were to require that a person be registered to vote in the City, remain a registered voter of Redondo Beach and maintain a residence in Redondo Beach as defined by Elections Code 349; mentioned a previous issue where the term “residence” was ambiguous.
City Attorney Webb reported there is a problem with using both domicile and residence; talked about the need to define “domicile”; being specific that “residence” and “domicile” are interchangeable using only Elections Code 349 B and advised Council to look specifically at sections that deal with residency requirements to become elected for a General Law City or remain.
Amended motion by Councilmember Obagi, seconded by Councilmember Nehrenheim, to include that “they shall be registered to vote in Redondo Beach, maintain registration to vote in Redondo Beach and include the definition of “domicile” as a requirement that they maintain in Redondo Beach (pulled from Elections Code 349 (B)).
City Attorney Webb stated he will include language that, “resident for this purpose means…” (taken from the Elections Code).
66 REGULAR MEETING
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Councilmember Behrendt confirmed the City Attorney’s advice for Council to review materials provided prior to making this “weighty” decision.
Councilmember Obagi withdrew the amended motion.
Substitute motion by Councilmember Obagi, seconded by Councilmember Behrendt, to direct the City Attorney to return to City Council with an amendment to the Charter that is consistent with the motion made, including for the Mayor and elected positions, but also give Council all of the research and background materials from the CRAC and continue the discussion on another day where Council can finalize its decision.
Councilmember Nehrenheim talked about the Charter being silent on this issue and opined it goes back to State law.
Discussion followed regarding specific sections of State law and case law regarding which definitions to use.
Mayor Light invited public comments.
Andy Porkchop spoke about State and Federal laws; commented on using CCW information as proof of residency; stated support for a 30-day residency requirement and commented on Council’s process.
Leslie Campeggi appreciated that Council can discuss issues robustly and present arguments for and against; indicated she does not appreciate someone from another city criticizing Redondo Beach’s leadership and processes.
There were no other public comments.
The substitute motion carried 5-0 by voice vote.
Mayor Light mentioned the possibility of disbanding the CRAC.
Member Pinzler stated that the CRAC has addressed all of the items requested by City Council.
Motion by Councilmember Obagi, seconded by Councilmember Behrendt, to disband the Charter Review Advisory Committee.
Mayor Light invited public comments.
Eugene Solomon mentioned there will be issues that will still come up; urged City Council to be mindful that there are still things that need to be discussed regarding the City Charter and he hoped City Council will address these issues should Council disband the CRAC, such as the issue of filling vacancies. 67 REGULAR MEETING
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Tuesday, July 9, 2024
Bob Pinzler suggested suspending the CRAC’s operations rather than disbanding it.
There were no other public comments.
Councilmember Obagi commented on the number of amendments recommended by the CRAC and Council’s need to handle those; thanked the CRAC for its work and felt there is a need to bring closure to this process at this point.
Councilmember Nehrenheim requested a list of outstanding Charter issues that Council will need to address.
Substitute motion by Councilmember Nehrenheim, to suspend the CRAC and direct the committee to return with a list of outstanding Charter issues.
The substitute motion died for lack of a second.
The motion carried by voice vote, 4-1. Councilmember Nehrenheim voted, “No”.
Mayor Light spoke about a request from the School Board asking to remove “without compensation”.
Mayor Light invited public comments.
RBUSD Board Clerk Byung Cho thanked City Council for its service and considering this item; reported the letter speaks for itself and asked City Council to approve the changes as submitted.
City Clerk Manzano talked about the possibility of a November election; noted there would be an associated cost; reported she set it up for three measures, which would cost approximately $230,000; noted to add an additional measure would be incrementally insignificant.
RBUSD Board Clerk Cho added that the Board will have a discussion on an upcoming agenda about covering the costs of School District elections.
There were no other public comments.
Councilmember Loewenstein felt this should be on the ballot.
Councilmember Obagi reviewed a slide of suggested Charter changes regarding the School Board; commented on consulting the City Attorney on the addition of a provision that the School District shall reimburse the City for its share of expenses associated with the elections of the Board of Education or any other matter concerning the affairs of the School District and asked about bonds. 68 REGULAR MEETING
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Tuesday, July 9, 2024
City Clerk Manzano reported that typically, when the School District has a bond, they take care of it directly with the County.
Councilmember Obagi struck the suggestion about bonds.
Additionally, Councilmember Obagi talked about the School District reimbursing the City for costs incurred relating to the School District such as Crossing Guards and SROs.
City Attorney Webb expressed concerns, particularly about not interfering with the operation of the school, but needs time to research the matter.
Councilmember Nehrenheim talked about residents responding to Charter violations by filing a Police report; understood there has been a Police report filed for a Charter violation regarding reimbursement and pay of School Board Members and asked whether that will interfere with placing the item on the November ballot.
City Attorney Webb reiterated the process for addressing Charter violations; explained that if there is a criminal violation of the Charter, the case goes to the Police Department or another investigative agency. If it is a felony, it begins with the DA’s office, unless they reject it and refer it to the City Attorney.
Mayor Light asked for clarification and City Attorney Webb reported putting the item on the ballot has nothing to do with the matter currently under investigation.
Mayor Light redirected the discussion as to the specific School District request; noted it has nothing to do with reimbursing the City and felt the City should partner with the School Board and discuss the matter with them before calling for a change.
City Attorney Webb stated he would have concerns about putting it in the Charter; commented on the City’s sports leagues being conducted on their fields at no charge and the City provides Security Guards and felt there are practical concerns as well as legal concerns about including it in the Charter.
Councilmember Loewenstein felt it is germane to an election to know who is paying for it and whether or not a subcommittee needs to discuss it.
Motion by Councilmember Obagi, seconded by Councilmember Loewenstein, to direct the City Attorney to prepare the appropriate documentation and research the question of whether language can be included in the Charter that the School Board must pay their pro rata share of the election.
Mayor Light invited public comments.
Bob Pinzler spoke about the number of Charter Cities in California; reported only 29 have any mention of a School Board; talked about cities who have declared the 69 REGULAR MEETING
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Tuesday, July 9, 2024
School District as an independent body running under the Education Code and commented about compensation included in the Charter as a rare thing to do. Talked about the broader question of “why the School District is in the Charter” and offered to send City Council the information.
In reply to Councilmember Obagi’s question, City Clerk Manzano reported the School District normally have their bond measures in November elections.
City Attorney Webb noted the Charter mandates that they be in the General Municipal Election and that is why the City pays for it.
Councilmember Obagi observed that the City could propose to the electorate to strike
16.3 elections from the Charter and that would absolve the City of its obligation to fund their elections.
Andy Porkchop talked about a previous speaker criticizing his speech; felt she was not speaking to the agenda item and Council did not shut her down.
There were no other public comments.
The motion carried 5-0, by voice vote.
Q. MAYOR AND COUNCIL REFERRALS TO STAFF
Councilmember Loewenstein requested an update on ranked-choice-voting for the March election.
Discussion followed regarding addressing it at the July 30th meeting.
Motion by Councilmember Obagi, seconded by Councilmember Kaluderovic, and approved by voice vote, to agendize a Council discussion on whether the City wants to join the Good Neighbor Pledge for the July 30, 2024 meeting.
The motion carried 4-1. Councilmember Nehrenheim voted, “No”.
Motion by Councilmember Obagi, seconded by Councilmember Behrendt, and approved by voice vote, to direct the City Attorney to provide information regarding whether the City can proceed with cost recovery efforts from the School Board or strike 16.3.
The motion carried, 5-0.
Mayor Light asked for a discussion about a Coyote Management Plan and City Manager Witzansky suggested it could be added to the agenda for the third meeting in August.
Motion by Councilmember Obagi, seconded by Councilmember Nehrenheim, and carried by voice vote, to direct Staff to agendize a discussion in a meeting in August 70 REGULAR MEETING
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about developing a Coyote Management Plan.
The motion carried, 5-0.
Mayor Light commented on excused absences and asked for a report from the City Clerk.
R. RECESS TO CLOSED SESSION – None
The Closed Session meeting was cancelled.
S. RECONVENE TO OPEN SESSION – None
The Closed Session meeting was cancelled.
T. ADJOURNMENT – 10:38 p.m.
There being no further business to come before the City Council, motion by Councilmember Nehrenheim, seconded by Councilmember Obagi, and was approved by voice vote, to adjourn the meeting at 10:38 p.m., to an Adjourned Regular meeting to be held at 4:30 p.m. (Closed Session) and a Regular meeting to be held at 6:00 p.m. (Open Session) on Tuesday, July 16, 2024 in the Redondo Beach City Hall Council Chambers, 415 Diamond Street, Redondo Beach, California.
Motion carried, 5-0.
All written comments submitted via eComment are included in the record and available for public review on the City website.
Respectfully submitted:
Eleanor Manzano, CMC
City Clerk
71 Administrative
Report
H.4., File # 24-1773 Meeting Date: 11/19/2024
To: MAYOR AND CITY COUNCIL
From: STEPHANIE MEYER, INTERIM FINANCE DIRECTOR
TITLE
PAYROLL DEMANDS
CHECKS 30017-30030 IN THE AMOUNT OF $8,810.27, PD. 11/8/24 DIRECT DEPOSIT 286465-287082 IN THE AMOUNT OF $2,288,604.15, PD. 11/8/24 EFT/ACH $9,246.68, PD. 9/13/24 (PP2419)
EFT/ACH $449,079.70, PD. 10/2/24 (PP2419)
EFT/ACH $9,113.34, PD. 9/27/24 (PP2420)
EFT/ACH $26,015.59, PD. 10/13/24 (PP2420)
EFT/ACH $450,045.56, PD. 10/16/24 (PP2420)
ACCOUNTS PAYABLE DEMANDS
CHECKS 116806-117055 IN THE AMOUNT OF $3,979,651.61
REPLACEMENT DEMAND 116805
EXECUTIVE SUMMARY
Approval of Payroll and Accounts Payable
ATTACHMENTS
· 11192024_RECOMMENDATION_TO_APPROVE
· 11192024_VENDOR_INVOICE_LIST
72 Administrative
Report
H.4., File # 24-1773 Meeting Date: 11/19/2024
To: MAYOR AND CITY COUNCIL
From: STEPHANIE MEYER, INTERIM FINANCE DIRECTOR
TITLE
PAYROLL DEMANDS
CHECKS 30017-30030 IN THE AMOUNT OF $8,810.27, PD. 11/8/24 DIRECT DEPOSIT 286465-287082 IN THE AMOUNT OF $2,288,604.15, PD. 11/8/24 EFT/ACH $9,246.68, PD. 9/13/24 (PP2419)
EFT/ACH $449,079.70, PD. 10/2/24 (PP2419)
EFT/ACH $9,113.34, PD. 9/27/24 (PP2420)
EFT/ACH $26,015.59, PD. 10/13/24 (PP2420)
EFT/ACH $450,045.56, PD. 10/16/24 (PP2420)
ACCOUNTS PAYABLE DEMANDS
CHECKS 116806-117055 IN THE AMOUNT OF $3,979,651.61
REPLACEMENT DEMAND 116805
EXECUTIVE SUMMARY
Approval of Payroll and Accounts Payable
ATTACHMENTS
· 11192024_RECOMMENDATION_TO_APPROVE
· 11192024_VENDOR_INVOICE_LIST
73 RECOMMENDATION TO APPROVE
PAYROLL AND ACCOUNTS PAYABLE
COUNCIL MEETING NOVEMBER 19, 2024
a. Payroll Demands
• Checks 30017-30030, $8,810.27, Pd.11/8/24
• Direct Deposit 286465-287082, $2,288,604.15, Pd.11/8/24 • EFT/ACH $9,246.68, Pd. 9/13/24 (PP2419)
• EFT/ACH $449,079.70, Pd. 10/2/24 (PP2419)
• EFT/ACH $9,113.34, Pd. 9/27/24 (PP2420)
• EFT/ACH $26,015.59, Pd. 10/13/24 (PP2420)
• EFT/ACH $450,045.56, Pd. 10/16/24 (PP2420)
b. Accounts Payable Demands
• Checks 116806-117055, $3,979,651.61
Replacement Demands
116805 Sunshine 11, LP $156,078.00
(Replaced ck #116596-Never rec’d)
I hereby approve and authorize for payment the above demands.
Mike Witzansky
City Manager
74
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Administrative
Report
H.5., File # 24-1627 Meeting Date: 11/19/2024
To: MAYOR AND CITY COUNCIL
From: STEPHANIE MEYER, INTERIM FINANCE DIRECTOR
TITLE
APPROVE CONTRACTS UNDER $35,000:
1. APPROVE AN AGREEMENT WITH SNAILWORKS, LLC FOR POSTAL BALLOT MAIL TRACKING SERVICES FOR THE MARCH 4, 2025 GENERAL MUNICIPAL ELECTION IN AN AMOUNT NOT TO EXCEED $2,500 AND THE TERM NOVEMBER 15, 2024 TO NOVEMBER 14, 2025
2. APPROVE AN AGREEMENT WITH SAFETYCENTRIC, INC. FOR LOW VOLTAGE CABLING
AND TELECOMMUNICATIONS/DATA CENTER SERVICES IN AN AMOUNT NOT TO EXCEED $30,000 AND THE TERM NOVEMBER 19, 2024 TO NOVEMBER 18, 2026
3. APPROVE AN AGREEMENT WITH STREAMLINE AUTOMATION SYSTEMS, LLC TO
PROVIDE SOFTWARE FOR FIRE INSPECTIONS IN AN AMOUNT NOT TO EXCEED $16,183 AND THE TERM NOVEMBER 22, 2022 TO NOVEMBER 21, 2025
4. APPROVE AN AGREEMENT WITH AVANTPAGE, INC. FOR SPANISH LANGUAGE TRANSLATION SERVICES FOR THE MARCH 4, 2025 GENERAL MUNICIPAL ELECTION BALLOT MATERIALS AT A RATE OF $75 PER HOUR (FOR A TOTAL ESTIMATED EXPENDITURE OF $5,000) AND THE TERM NOVEMBER 19, 2024 TO DECEMBER 18, 2025
EXECUTIVE SUMMARY
Approve Contracts Under $35,000
APPROVED BY:
Mike Witzansky, City Manager
ATTACHMENTS
· Agmt & Signature - SnailWorks, LLC
· Insurance - SnailWorks, LLC
· Agmt - SafetyCentric, Inc.
· Agmt, Signature, & Insurance - Streamline Automation Systems, LLC · Agmt - Avantpage, Inc.
101
H.5., File # 24-1627 Meeting Date: 11/19/2024
· Insurance - Avantpage, Inc.
102
Administrative
Report
H.5., File # 24-1627 Meeting Date: 11/19/2024
To: MAYOR AND CITY COUNCIL
From: STEPHANIE MEYER, INTERIM FINANCE DIRECTOR
TITLE
APPROVE CONTRACTS UNDER $35,000:
1. APPROVE AN AGREEMENT WITH SNAILWORKS, LLC FOR POSTAL BALLOT MAIL TRACKING SERVICES FOR THE MARCH 4, 2025 GENERAL MUNICIPAL ELECTION IN AN AMOUNT NOT TO EXCEED $2,500 AND THE TERM NOVEMBER 15, 2024 TO NOVEMBER 14, 2025
2. APPROVE AN AGREEMENT WITH SAFETYCENTRIC, INC. FOR LOW VOLTAGE CABLING
AND TELECOMMUNICATIONS/DATA CENTER SERVICES IN AN AMOUNT NOT TO EXCEED $30,000 AND THE TERM NOVEMBER 19, 2024 TO NOVEMBER 18, 2026
3. APPROVE AN AGREEMENT WITH STREAMLINE AUTOMATION SYSTEMS, LLC TO
PROVIDE SOFTWARE FOR FIRE INSPECTIONS IN AN AMOUNT NOT TO EXCEED $16,183 AND THE TERM NOVEMBER 22, 2022 TO NOVEMBER 21, 2025
4. APPROVE AN AGREEMENT WITH AVANTPAGE, INC. FOR SPANISH LANGUAGE TRANSLATION SERVICES FOR THE MARCH 4, 2025 GENERAL MUNICIPAL ELECTION BALLOT MATERIALS AT A RATE OF $75 PER HOUR (FOR A TOTAL ESTIMATED EXPENDITURE OF $5,000) AND THE TERM NOVEMBER 19, 2024 TO DECEMBER 18, 2025
EXECUTIVE SUMMARY
Approve Contracts Under $35,000
APPROVED BY:
Mike Witzansky, City Manager
ATTACHMENTS
· Agmt & Signature - SnailWorks, LLC
· Insurance - SnailWorks, LLC
· Agmt - SafetyCentric, Inc.
· Agmt, Signature, & Insurance - Streamline Automation Systems, LLC · Agmt - Avantpage, Inc.
103
H.5., File # 24-1627 Meeting Date: 11/19/2024
· Insurance - Avantpage, Inc.
104
Version 2.7_082024
SnailWorks™ Service Agreement
Company Name: City of Redondo Beach (“Customer”)
This is an “Agreement” between “You” or “Your” and “SnailWorks, LLC”, concerning your use of SnailWorks services, provided by SnailWorks, LLC.
Services Provided: This Agreement provides for integrated marketing support services only, providing postal mail tracking, digital marketing campaign support, and associated services to be provided at prices specified in the Pricing Schedule. Additional reports and other services requested that are outside of the scope of this Agreement are subject to additional charges.
Terms: Mail Tracking services are purchased as an annual Subscription or as Scan Credits.
An annual Subscription begins on the “Designated Start Date” set forth below and continues for 12 months. SnailWorks will send you an invoice for the Subscription at the beginning of each month.
Invoices will be sent before the first day of the month, and the terms of payment are within forty-five days from the Customer’s receipt of the invoice.
A Prepaid Scan Credit purchase begins on the “Designated Start Date” set forth below. Prepaid scan credit purchases are based on estimated mail tracking for 12 months unless otherwise specified. If additional scan credits are required, they will be issued at the “Overs” CPM rate. In no case will scan credits remain active after 24 months from purchase, unless included in a new scan purchase.
• The minimum prepaid scan credit purchase is 1,000,000 pieces tracked • Prepaid scan credits expire 24 months from the date of purchase • At the end of 24 months, clients have the option of including any remaining scan credits in a new scan credit purchase
• Prepaid tracking has no cash value. Unused prepaid tracking is not refundable Account Setup Fee: The Mail Tracking Account Setup fee includes creating a primary account in the SnailWorks system, issuing logins to primary account users, and training the data processors utilizing SnailWorks for the job creation process.
Vendor Training: For end-users and agencies using multiple vendors for their mailing efforts, a training fee of $250 applies to any vendor that has not previously been trained on using the SnailWorks system. Fees for vendors previously trained on the SnailWorks system are waived.
Branding: Fees for co-branding apply if that option is selected, unless noted as included with the subscription or scan credit purchase. White label domain is an additional cost.
Invoicing: Invoices for Monthly Subscriptions are issued after a monthly period and are sent out no later than the tenth day of the month. The terms of payment are net 45 days from the Customer’s receipt of the invoice. Scan Credit purchases are paid for in full after the Service Agreement has been received by SnailWorks. The terms of payment are net 45 days from the Customer’s receipt of the invoice.
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Additional Service Fees: In addition to the mail tracking fees specified above, there may be fees charged for other services provided as detailed in the Pricing Schedule in this agreement. These fees will be charged after services are provided monthly. Invoices for such services are sent out no later than the tenth day of the month. The terms of payment are net 45 days from the Customer’s receipt of the invoice.
Unmatched Scan Data: An unmatched scan occurs when a SnailWorks customer mails a piece of mail with an 1Mb Service Type ID for mail tracking and with a Mailer ID delegated to SnailWorks, without a billable tracking job created in the SnailWorks system.
If such unmatched scans are received by SnailWorks, the customer will be billed for the associated pieces at a rate of 10% of the overs CPM tracking charge. This charge will be included in the monthly invoice. Amounts less than $5.00 in a month will not be billed.
Data Retention: Summary Data is retained for 24 months; Mailing Detail Records are retained for 6 months.
Mailer ID’s: SnailWorks will manage IV Data Delegation for up to 3 Mailer ID’s. Additional Mailer ID Data Delegation to SnailWorks is $100 per MID.
SnailWorks Customer Usage Policy: SnailWorks provides a very flexible and powerful system to our clients. Most systems and processes are developed to serve a specific purpose. Using tools and reporting in ways other than intended can create significant problems system-wide, interfering with the processing of jobs across the system. SnailWorks reserves the right to disable SnailWorks features or accounts as needed to protect system integrity.
Uses that may cause actionable problems include, but are not limited to:
• Misuse of User Defined Fields – summary vs. unique value • Generating large numbers of serial number sequence gaps (non-contiguous) • Misuse of auto-splitting – mixing classes
• Misuse or unauthorized use of SnailWorks MID
In the event of a system failure caused by the above or any other misuse, intended or otherwise, SnailWorks will make every effort to remedy the situation with an alternative solution that serves the needs of the customer. SnailWorks also reserves the right to disable accounts or features until problems can be mitigated.
Reprocessing: Mailing Detail files or Mail.dat files must be uploaded to SnailWorks before, or at the same time as eDocs are submitted to USPS. Files uploaded after eDoc submission may require additional processing to capture historical data and may be subject to additional charges.
Use of Trademarks: “SnailWorks” is a registered trademark of SnailWorks, LLC. As an authorized user of SnailWorks services, you may use the SnailWorks name, logo, and other associated brands in the marketing of your services if you remain an active and paid-up client. Upon cancellation of this agreement by either party, you agree to remove all references and branding related to SnailWorks from all your marketing materials (including printed materials, web-based marketing, and website within 60 days.
Limitations of service: SnailWorks, LLC shall provide its services with reasonable care and skill consistent with industry standards. Further, SnailWorks, LLC shall implement commercially reasonable measures to protect the integrity and security of its online services. However, all other warranties, whether express or implied, are disclaimed of any kind or nature concerning SnailWorks services including without limitation, any warranty of title, merchantability, quality, informational content, accuracy, or fitness for your specific purpose. We expressly disclaim any warranties that may be implied from the usage of trade, course of dealing, or course of performance. We do not warrant exclusivity or non-infringement worldwide. Access to SnailWorks, LLC via the Internet is 106
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“as is” and “as available” and SnailWorks, LLC provides no warranties of any kind regarding the availability, reliability, or integrity of the Internet, or any data transmitted via the Internet.
Indemnification: Each party agrees to indemnify, defend, and hold harmless the other party from and against any and all third-party claims, damages, losses, and expenses, including reasonable legal fees arising out of or relating to:
x The indemnifying party’s breach of this Agreement
x The indemnifying party’s gross negligence or willful misconduct in connection with its obligations under this Agreement
Neither party shall be liable for indemnifying the other for any claims arising from the other party’s own negligence or willful misconduct
Insurance: SnailWorks, LLC shall comply with the insurance requirements set forth below.
Without limiting SnailWorks, LLC’s indemnification obligations under this Agreement, SnailWorks, LLC 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 SnailWorks, LLC, 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
SnailWorks, LLC shall maintain limits no less than:
General Liability: $2,000,000 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 SnailWorks, LLC shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions
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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 insured with respect to liability arising out of work performed by or on behalf of SnailWorks, LLC. General liability coverage can be provided in the form of an endorsement to SnailWorks, LLC’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 SnailWorks, LLC.
For any claims related to this project, SnailWorks, LLC’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 in excess of SnailWorks, LLC’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 SnailWorks, LLC’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.
Verification of Coverage
SnailWorks, LLC shall furnish the City with original certificates and amendatory endorsements affecting 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 affecting the coverage required by these specifications at any time.
Subcontractors
SnailWorks, LLC shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. 108
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Risk Management
SnailWorks, LLC acknowledges that insurance underwriting standards and practices are subject to change, and the City reserves the right to make changes to these provisions at the reasonable discretion of its Risk Manager.
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Designated start date: November 19, 2024
For SnailWorks, LLC: For: City of Redondo Beach
Signature:_______________ Signature:________________
Date:___________________ Date:____________________
Client Contact Information
Company Name: City of Redondo Beach
Address:________________________________________________________________________ Billing Contact
Contact Name:___________________
Email:__________________________
Phone:_________________________
Technical Contact
Contact Name:___________________
Email:__________________________
Phone:_________________________
Account Contact
Contact Name:___________________
Email:__________________________
Phone:_________________________
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Security Commitment
We take website security very seriously at SnailWorks. Our commitment to providing a secure online experience for our users is unwavering, and we have implemented several measures to ensure that your personal information and online activity remain safe and secure.
Here are some of the security commitments we make to our users:
1. Protection of Personal Information: We are committed to protecting the personal information of our users, including names, addresses, email addresses, phone numbers, and any other information that may be collected during the use of our website. We employ the latest security measures to prevent unauthorized access, use, or disclosure of your personal information.
2. Use of Secure Protocols: Our website uses SSL encryption protocols to ensure that your data is transmitted securely between your device and our servers. This ensures that any information you provide us remains confidential and cannot be intercepted by third parties.
3. Regular Security Updates: We are constantly monitoring and updating our website to ensure that it remains secure against any potential threats. We use the latest security software and hardware to prevent unauthorized access and to protect against malware, viruses, and other malicious software.
4. Password Protection: We encourage all users to choose strong passwords that are difficult to guess or crack. We also require the use of multi-factor authentication for access to sensitive areas of our website.
5. Timely Notification: In the unlikely event that a security breach does occur, we will notify our users as soon as possible so that appropriate action can be taken to protect their personal information.
We understand that website security is of paramount importance to our users, and we are committed to providing a safe and secure online environment for all. If you have any questions or concerns about the security of our website, please do not hesitate to contact us.
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Georgetown Insurance, an Alera Group Company
10010 Colesville Road
Suite A
Silver Spring MD 20901
Kathy Albaugh, CISR
(301) 681-9645 (301) 593-2590
[email protected]
Snailworks. LLC
3 North Court Street
Suite 2A
Frederick MD 21701
Hartford Underwriters Insurance Company 30104
Property & Casualty Ins Co of Hartford 34690
A Y 42SBAAY5LCJ 07/01/2024 07/01/2025
1,000,000
1,000,000
10,000
1,000,000
2,000,000
2,000,000
Non-owned 1,000,000
A 42SBAAY5LCJ 07/01/2024 07/01/2025
1,000,000
A
10,000
42SBAAY5LCJ 07/01/2024 07/01/2025
3,000,000
3,000,000
B Y 42WEC AY5XFP MD, NJ 07/01/2024 07/01/2025
1,000,000
1,000,000
1,000,000
A
ERRORS & OMISSION LIABILITY
"CYBER LIABILITY" 42SBAAY5LCJ 07/01/2024 07/01/2025
Each Wrongful Act $2,000,000
Aggregate Limit $2,000,000
The Entity, its officers, officials, employees and volunteers are Additional Insureds on the General Liability policy, on a primary and non-contributory basis, with respect to liability arising out of work or operations performed by or on behalf of the Named Insured in accordance with policy terms and conditions, if required by written contract
City of Redondo Beach City Clerk's Office
415 Diamond Street
Redondo Beach CA 90277
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If 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 rights to the certificate holder in lieu of such endorsement(s).
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(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
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 PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$
PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS
NON-OWNED
OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTHSTATUTEPER
(MM/DD/YYYY) LIMITS
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
LTR TYPE OF INSURANCE POLICY NUMBER
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR
CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $
DAMAGE TO RENTED
PREMISES (Ea occurrence) $
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY
PROJECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
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AGREEMENT FOR PROJECT SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND SAFETYCENTRIC INC.
THIS AGREEMENT FOR PROJECT SERVICES (this "Agreement”) is made between the City of Redondo Beach, a Chartered Municipal Corporation ("City") and SafetyCentric, a California corporation.
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”.
D. Insurance. Contractor shall adhere to the insurance requirements outlined in Exhibit “D”, unless otherwise waived by the City’s Risk Manager.
E. California Labor Law Requirements. Contractor agrees to comply with all applicable California Labor Law Requirements as forth in Exhibit "E". * * * * *
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.
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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 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.
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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 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. 157
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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; 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, 158
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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 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. 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 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. Pursuant 159
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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 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. In the event that any part of this project, or the project as a whole, 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. Non-Discrimination. Contractor shall comply with all applicable federal, state, and local laws, ordinances, regulations, and codes prohibiting discrimination, including but not limited to the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and the California Fair Employment and Housing Act.
Contractor shall not discriminate against any employee or applicant for employment on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall ensure that the evaluation and treatment of its employees and applicants for employment are free from such discrimination and harassment. Contractor shall include a similar non-discrimination provision in all subcontracts related to the performance of this Agreement.
19. 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 160
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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.
20. 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.
21. 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.
22. Amendment. This Agreement may be amended or modified only by a subsequent written amendment executed by both parties.
23. 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.
24. 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.
25. 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. 161
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26. Time of Essence. Time is of the essence of this Agreement.
27. 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.
28. 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."
29. 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.
30. 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.
31. 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.
32. 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.
33. 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.
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34. 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.
35. 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.
36. 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 19th day of November, 2024.
CITY OF REDONDO BEACH, SAFETYCENTRIC INC.,
a chartered municipal corporation a California corporation __________________________ By: _______________________
James A. Light, Mayor Name: _______________________
Title: _______________________
ATTEST: APPROVED:
__________________________ __________________________
Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
__________________________
Michael W. Webb, City Attorney
PETE URUETA
President and CEO
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EXHIBIT "A"
PROJECT DESCRIPTION AND/OR SCOPE OF SERVICES
CONTRACTOR’S DUTIES
A. Contractor shall specify, install, and troubleshoot fiber optic and low-voltage copper cabling, including all associated conduits.
B. Contractor shall mount and install Information Technology-related equipment. This includes, but is not limited to, wireless access points, modems, telecommunications equipment, racks, switches, and servers.
C. Contractor shall specify, install, and troubleshoot telecommunications equipment.
D. Contractor shall furnish all necessary materials required to complete the work.
E. Contractor shall perform all work with the orders issued by the City’s authorized representative.
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EXHIBIT "B"
TERM AND TIME OF COMPLETION
TERM. The term of this Agreement shall commence November 19, 2024 and expire November 18, 2026 (“Term”), unless otherwise terminated as herein provided. 166
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EXHIBIT "C"
COMPENSATION
Provided Contractor is not in default under this Agreement, Contractor shall be compensated as provided below.
A. AMOUNT. Contractor shall be paid in accordance with the following rate schedule.
Staff Title Rate
Regular Technician Hours (1 to 8 Hours) $200.00 per Hour Overtime Hours (9 to 12 Hours) $250.00 per Hour
Double Time Hours (12 Hours and up) $300.00 per Hour
Emergency Calls and Holidays $400.00 per Call
Materials Cost plus 10% handling charge
B. NOT TO EXCEED AMOUNT. In no event shall Contractor’s total compensation exceed $30,000 during the term of this Agreement.
C. METHOD OF PAYMENT. Contractor shall submit monthly invoices indicating the services and tasks performed during the prior month to City for approval and payment.
Each invoice shall be itemized, detailing services performed, task descriptions, dates of service, hours worked, applicable rates, and any materials and related handling charges. Invoices must be adequately detailed, based on accurate records, and presented in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
D. SCHEDULE FOR PAYMENT. Contractor shall provide invoices monthly in arrears for approval and payment. City will issue payment to the Contractor within sixty (60) days of receiving the invoice; provided, however, that the services are completed to the City’s reasonable satisfaction.
E. NOTICE. Written notices to City and Contractor shall be given by registered or certified mail, postage prepaid, email, or personally served, and addressed to the following parties.
Contractor: SafetyCentric
4887 E. La Palma Ave., Suite 720
Anaheim, CA 92807
Attention: Pete Urueta
Email: [email protected]
City: City of Redondo Beach
Information Technology Department
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415 Diamond St.
Redondo Beach, CA 90277
Attention: Michael Cook, Information Technology Director Email: [email protected]
All notices, including notices of address changes, provided under this Agreement are deemed received as follows: (1) on the second business day after emailing, provided that no “bounce-back” or similar message indicating non-delivery is received; (2) on the third day after mailing if sent by registered or certified mail; or (3) upon personal delivery. 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 in accordance with this section.
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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: $2,000,000 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: $2,000,000 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.
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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.
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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.
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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 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. 172
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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 in this Exhibit “E” 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, except for such loss or damage which was caused by the sole negligence or willful misconduct of the City. This indemnification obligation shall survive the termination of the Agreement. 173
1 Streamline License and Service Agreement Revised 12/14/2020
LICENSE AND SERVICE AGREEMENT
This License and Service Agreement (the “Agreement”) is entered into as of November 22, 2022 (the “Effective Date”) by and between the following parties: Streamline Automation Systems, LLC (“Streamline” or “Company”), with its principal place of business at 2271 Lava Ridge Court, Suite 120, Roseville, CA 95661, on the one hand; and the CITY OF REDONDO BEACH (the “Client”), with its principal place of business at 401 S. BROADWAY REDONDO BEACH, CA 90277, on the other hand. Streamline and Client are sometimes referred to hereafter individually as “Party” and collectively as “Parties.”
RECITALS
A. Streamline is a California limited liability company that is in good standing with the California Secretary of State.
B. Streamline is in the business of providing licensing and hosting services with respect to its Licensed Property (as defined in Section 1.1) and Streamline Supplied Software (as defined in Section 1.2).
C. The Parties have reached certain agreements and an understanding by and between themselves regarding the licensing and hosting of its Licensed Property as more specifically set forth below.
OPERATIVE PROVISIONS
NOW THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:
ARTICLE 1
LICENSING AND SERVICE
1.1 Licensed Product. Streamline’s software, object code versions of software, mobile device software (i.e. app) platform, and related items (collectively, the “Licensed Property”)shall be the subject matter of this Agreement. The Licensed Property is more specifically set forth in Exhibit A.
1.2 Term. This Agreement shall be effective as of the Effective Date and shall continue until November 21, 2025.
1.3 Grant of Rights by Streamline. Subject to Section 6.8 and Article 2, Streamline hereby grants to Client the non-exclusive, worldwide, nontransferable right and license to use the Licensed Property solely for its business purpose for the Term under the specific terms as more specifically set forth hereafter. Client shall not, and shall not permit others to perform the following:
1.3.1 Modify, copy, or otherwise reproduce the Licensed Property;
1.3.2 Reverse engineer, decompile, disassemble, or otherwise attempt to derive any source code for or structure of the Licensed Property; and
1.3.3 Distribute, sublicense, assign, share, sell, lease, securitize, or otherwise transfer the Licensed Product or Client’s right to use the Licensed Product.
1.3.3.1 Client will be held in material breach of this Agreement should Client perform any of the following actions provided in Sections 1.3.1, 1.3.2, and
1.3.3 above.
1.3.3.2 All rights not expressly granted to Client are reserved by Streamline or Streamline’s licensors for their exclusive benefit.
1.3.3.3 Client shall provide a list of all individuals employed, contracted, or otherwise associated with Client (individually “User” and collectively “Users”) and using the Licensed Product within fourteen (14) days of the Client executing this Agreement. Client shall be required to immediately notify Streamline in writing as to any changes in the number of Users.
1.4 Service. Streamline shall provide Client a hosting solution (the "Hosting Solution" or "Solution"), the specifications of which are set forth in Exhibit A ("Hosting Services"), as well as any additional services requested by Client that Streamline can provide, including, but not limited to emergency medical service, inspection or emergency response cost recovery billing services. Any such additional services requested by Client will be memorialized in writing and added as an Exhibit to this Agreement upon acceptance by Streamline.
The terms and availability of the Hosting Services and Solution is more specifically set forth in Article 4. Any future services, in addition to the Hosting Services, that the Parties agree to ("Additional Services"), shall be set forth in a separate written amendment and shall at such time be incorporated into, and become part of this Agreement. The licensing of the Licensed Product as set forth in Section 1.3, the Hosting Services, and the Additional Services shall hereinafter collectively be referred to as the "Service(s)".
1.5 License and Service Fee. Client shall be billed via invoice in advance for all applicable fees, including licensing and Service fees, for the following year, which specifications are more specifically set forth in Exhibit B (the “Annual Service and Licensing Fees” or “ASLF”). Invoices for ASLF shall be issued on the “Annual Remittance Date” specified in Exhibit B. Payment of the first ASLF shall be made by Client within sixty (60) days of Client’s receipt of the invoice following the execution of this Agreement by all applicable Parties. All future installments of ASLF after the first has been paid shall be due and payable within sixty (60) days of Client’s receipt of each respective invoice. In addition to the License and Service Fees set forth in this Agreement, the Client will be responsible for paying any federal, state, or local taxes related to this Agreement as they become due. Streamline acknowledges that Client has remitted payments covering the period from November 22, 2022, through November 21, 2024.
Accordingly, Client shall only be responsible for remitting payments for the ASLF due from November 22, 2024 to November 21, 2025, as outlined in this section
1.6 Failure to Pay ASLF. In the event that Client fails to pay the ASLF by the due date specified in Section 1.5, or if there is any delinquency in the Client’s account, Streamline shall provide Client with a thirty (30) day grace period to cure such non-payment. If the ASLF remains unpaid after 174
2 Streamline License and Service Agreement Revised 12/14/2020 the grace period, Streamline reserves the right to terminate the Agreement and discontinue or suspend all Services to Client, following an additional thirty (30) days' written notice provided via email or registered mail. Should Streamline exercise its right to terminate the Agreement under this section, Streamline may, at its sole discretion, reinstate the Agreement on its original terms, provided that Client remits all outstanding payments within a mutually agreed-upon timeframe.
1.7 Reserved.
1.8 Accepted Use Policy. Client may only use the Services for lawful purposes. In the event Streamline reasonably believes the Service is being used by Client: (a) for any illegal activity; (b) in contravention of any of the terms and provisions of this Agreement; or (c) in contravention of Streamline’s Acceptable Use Policy as may be posted from time to time (the “AUP”), then upon such occurrence, Streamline shall have sole and absolute discretion to immediately suspend Service to Client without liability for actual compensatory or consequential damages to Client for any interruption in Service within ten (10) business days after providing written notice and a request to cure, which notice shall specify Streamline’s good faith and reasonable belief as to why the Service is being used in contravention of this Agreement or the AUP.
HIPAA DISCLAIMER: You may NOT use the Streamline Inspections software application and the cloud-based inspection platform for hosting “protected health information” as that term is used in the Health Insurance Portability and Accountability Act (“HIPAA”).
Streamline Inspections software is NOT HIPAA compliant and was not designed for storage of information which is protected under applicable HIPAA rules. Users are solely responsible for any applicable compliance with federal and state laws governing privacy and security of personal data including medical and other sensitive data. The Software is designed solely for fire inspection and billing purposes, and the Parties acknowledge that no Protected Health Information (PHI) is transmitted. Therefore, HIPAA compliance is not applicable to this Agreement. We specifically disclaim any representation or warrant that the Software, as offered, complies with the federal HIPAA guidelines. Use of the Software for storage of “protected health information” as defined by HIPAA is a material violation of this Agreement. We do not sign “Business Associate Agreements” and the user of the Software agrees that the Company is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA.
1.9 No Lease. This Agreement is a license and services agreement and is not intended to and shall not constitute a lease of any real or personal property.
ARTICLE 2
TERMINATION
2.1 Termination for Cause. In the event Client or Streamline breaches any material provision of this Agreement and fails to cure such breach within thirty (30) days after written notice thereof, the non-breaching Party may terminate this Agreement immediately by written notice to the other Party.
In the event that Client or Streamline: (a) becomes insolvent; (b) files a petition for bankruptcy relief, or has such a petition filed against it (and fails to lift any stay imposed thereby within sixty (60) days after such stay becomes effective); (c) has a receiver appointed with respect to all or substantially all of its assets; (d) makes an assignment for the benefit of creditors; (e) failure to pay ASLF as set forth under Section 1.6; (f) failure to abide by the licensing restrictions set forth under Section 1.3 or Section 1.4; or (g) ceases to do business in the ordinary course; then the other Party may terminate this Agreement immediately by written notice.
2.2 Reserved.
2.3 Reserved.
2.4 Rights upon Termination without Cause. In the event this Agreement is terminated upon thirty (30) day notice as set forth in Section 1.2, Client shall pay Streamline for all undisputed Services provided to Client up to and including the date of termination.
2.5 Backup of Content. Upon termination of this Agreement, Streamline shall provide Client with a complete backup of Client’s data within thirty (30) days, at no additional cost, in a readily accessible, industry-standard format compatible with Client’s systems. Streamline shall securely delete Client’s data within thirty (30) days of Client’s written request confirming receipt of data.
ARTICLE 3
REPRESENTATIONS AND WARRANTIES
3.1 Streamline Representations. Streamline represents and warrants that it:
3.1.1 Shall provide the Services in reasonable conformance with the specifications set forth in this Agreement and the Exhibits;
3.1.2 Shall provide the Services in a reasonably professional manner;
3.1.3 Has not and shall not infringe(d) upon or misappropriate(d) any third party’s copyright, patents, trade secrets, trademark, trade name, or other proprietary or intellectual property right with respect to the Services; and
3.1.4 Own(s), or has the authority to use, all hardware, software and other materials necessary to provide the Services described herein.
Acknowledges that Client owns the data entered into the system during clients use of the software and data shall be provided back to the Client upon termination of this agreement upon written request of the Client.
3.1.5 Streamline acknowledges that Client retains sole ownership of all data entered into the Licensed Product by or on behalf of Client. Upon Client's written request, Streamline shall provide Client with a complete copy of such data in a standard, accessible format, at no additional cost, within thirty (30) days of the request. This data shall be provided to Client at the termination or expiration of this Agreement, in a format that is compatible with Client’s systems and suitable for continued use by Client.
3.2 Client Representations. Client and the undersigned signatory for Client represents and warrants that he/she/it:
3.2.1 Own(s), or has the authority to use, all hardware, software and other materials regarding the Client Supplied Software;
3.2.2 Has full authority to enter into this Agreement on behalf of Client; 175
3 Streamline License and Service Agreement Revised 12/14/2020
3.2.3 Shall not use the Services in violation of Section 1.9;
3.2.4 Acknowledges and agrees that Streamline has no control of availability of Services on a continuous or uninterrupted basis.
3.2.5 Acknowledges and agreesthat from time to time the Services may be inaccessible or inoperable for causes beyond Streamline’sreasonable control.
3.2.6 Acknowledges and agrees that Streamline does not guarantee the integrity of data stored or transmitted via Client’s system/hardware or via the Internet.
3.2.7 Acknowledges and agreesthat Streamline shall not be liable for the inadvertent disclosure of, or corruption or erasure of data transmitted or received or stored on Client’s system, unless caused by the negligence, gross negligence, or illegal misconduct of Streamline, its employees, or anyone or anything under Streamline’s reasonable control.
ARTICLE 4
SERVICE LEVEL GUARANTEES AND TERMS
4.1 Network Availability Guarantee Scope. Streamline guarantees that it shall maintain one hundred percent (100%) up time, excluding Scheduled Maintenance (as defined in Section 4.2), for facilities and the Streamline network as follows:
4.1.1 In the event one or more Client virtual servers are unable to transmit or receive information via the Internet through the front-end network as a result of disruptions to either the data center or the front-end network (a “Covered Outage”), Streamline shall, as Client’s sole and exclusive remedy for failure to meet the foregoing guarantee, credit the Client’s account for every five (5) consecutive minutes of such Covered Outage with a sum equal to the prorated ASLF for one (1) day of Services for the affected server(s), subject to a maximum credit during any calendar month as limited by Section 4.6 (the “Standard Service Credit”). In no event shall the Scheduled Maintenance be deemed a Covered Outage entitling Client to a Standard Service Credit.
4.2 Scheduled Maintenance Scope. “Scheduled Maintenance” shall mean any maintenance at the Streamline data center at which Client’s virtual server is located, of which Client is notified at least forty-eight (48) hours in advance. Notice of Scheduled Maintenance shall be provided to Client’s designated point of contact via e-mail. The standard window for service-affecting maintenance is between the hours of 12:01 a.m. and 5:00 a.m. local time on a Saturday or Sunday. Streamline shall use reasonable commercial efforts to coordinate with Client when planning any maintenance so as to minimize impact to Client and its customers. “Emergency Maintenance” shall mean any maintenance by Streamline, its subcontractors or service providers that does not meet the definition of Scheduled Maintenance.
4.3 Service Availability Guarantee Process. "Network Unavailability" shall be calculated by Streamline each calendar month, and consists of the number of minutes the Streamline network was not available to Client, and shall include unavailability associated with maintenance at the Streamline data center where Client’s virtual server is located (other than Scheduled Maintenance). Outages shall be counted as Network Unavailability only if Client opens a trouble ticket with Streamline Client support within five (5) days of the outage. Network Unavailability shall not include any unavailability resulting from: (a) Scheduled Maintenance; (b) the acts or omissions of Client, or any user authorized by Client; (c) the deliberate act of Client or its customers; or (d) reasons of force majeure as set forth in Section 6.9.
4.4 Service Replacement Guarantee. If a server experiences an outage directly attributable to the failure of the Streamline system, Streamline shall restore the failed server within one (1) hour of Streamline determining that the virtual server needs to be restored (the “Streamline Hardware Availability Guarantee”). If Streamline does not restore the server within such period, Streamline shall, upon Client's written request, credit Client's account ten percent (10%) of the ASLF, and an additional ten percent (10%) of the ASLF for each additional hour over and above such one hour commitment. The Streamline Hardware Availability Guarantee shall not apply if the failure of the virtual server is as a result of an event of force majeure as set forth in Section 6.9, or if Client is in breach of the Agreement, including, but not limited to, a violation of the AUP.
4.5 Exceptions to the Credit Process. Credit shall not be issued due to failures that are, as solely determined by Streamline, in its reasonable judgment, a result of: (a) Scheduled Maintenance and/or Emergency Maintenance and upgrades; (b) violations of the AUP; or (c) Events of Force Majeure as set forth in Section 6.9.
4.6 Maximum Credits Available. The total credit available to Client in any particular calendar month shall in no event exceed the ASLF for such month.
4.7 Support. Streamline shall maintain a help desk, which shall be the primary point of contact for all queries and communications regarding service level incidents. The help desk shall be contactable by telephone at (888) 659.2249 as well as the Streamline support ticket system, and available 24 hours a day, 7 days a week, 365 days a year (366 days in a leap year).
ARTICLE 5
CONFIDENTIAL INFORMATION
5.1 Confidential Information. For purposes of this Agreement, “Confidential Information” shall mean Streamline’s proprietary information, including, without limitation, information concerning patents, trademarks, copyrights, or other intellectual property licensed by Streamline, technical data, business methods, software, hardware, product formulas, designs, drawings, customers lists, marketing plans, finances, intellectual property licenses, licensed material, business methods, products, new products, marketing strategies for new products, salesfigures, annual reports, financial statements, and all other information provided by Streamline to Client marked “Confidential Information”. In the event that Confidential Information must be provided visually or orally, obligations of confidence shall attach only to that information. However, Confidential Information shall not include any information that (a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (c) is received from a third party without breach of any obligation owed to the Disclosing Party, or (d) was independently developed by the Receiving Party, (e) required to be disclosed by the Receiving Party pursuant to law, rule, regulation, subpoena, or court order, including but not limited to the California Public Records Act; (f) disclosed due to a rule, order, referral, or request, including without limitation any rule, order, referral, or request of Client’s City Council; or (g) disclosed as part of the Client’s customary contract approval process. 176
4 Streamline License and Service Agreement Revised 12/14/2020 Client data entered or stored in the Licensed Product, while owned by Client, shall be treated as Confidential Information by Streamline.
Streamline shall implement measures as outlined in Section 6.24.
5.2 Non-Disclosure. Client shall hold and maintain the Confidential Information in strictest confidence and in trust for the sole and exclusive benefit of Streamline, and this Agreement creates no obligation on Streamline to disclose any of its Confidential Information. Client shall not, without the prior written approval of the Streamline, use for its own benefit, publish or otherwise disclose to others, or permit the use by others for their benefit, or to the detriment of Streamline, any of the Confidential Information. Client shall carefully restrict access to the Confidential Information to those of its employees who clearly need such access. Client further warrants and represents that it shall advise each of the persons to whom it provides access to any of the Confidential Information pursuant to the foregoing sentence that such persons are prohibited from making any use, publishing or otherwise disclosing to others, or permitting others to use for their benefit, or to the detriment of Streamline, any of the Confidential Information.
Client shall take all necessary action to protect the confidentiality of the Confidential Information, which obligation to protect such confidentiality shall last indefinitely, except for its disclosure pursuant to this Section 5.2, and hereby agrees to indemnify Streamline against any and all losses, damages, claims, or expenses incurred or suffered by Streamline as a result of Client’s breach of this Section 5.2. Client represents and warrants that no Confidential Information, or any portion thereof, shall be exported to any country in violation of the United States Administration Act and all regulations thereunder.
5.3 Non-Solicitation. Client agrees that for a period of twelve (12) months following the termination of this Agreement, Receiving Party shall not, on behalf of itself or any other person or entity, solicit the Services or services of any person or entity that was engaged or employed by Streamline.
5.4 Return of Confidential Information. Any materials or documents which have been furnished by Streamline to Client shall be promptly returned, accompanied by all copies of such documentation, after the termination of this Agreement, or at any time upon Streamline’s request. No copies of Confidential Information may be made unless approved in writing by Streamline.
ARTICLE 6
MISCELLANEOUS
6.1 Entire Agreement. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter contained herein, and shall supersede all prior and contemporaneous agreements, representations and understandings of the Parties regarding such subject matter including, but not limited to, oral agreements.
6.2 Binding Effect. This Agreement shall be binding on the Parties to this Agreement, and their heirs, executors, administrators, personal representatives, successors, and assigns.
6.3 Recitals. Each of the statements set forth in the Recitals portion of this Agreement shall be deemed for all purposes to be included in the Operative Provisions of this Agreement.
6.4 Exhibits, Sections, and Articles. Any references to Exhibits, Sections, or Articles refer to the actual Exhibits, Sections, and Articles within this Agreement.
6.5 Incorporation. All Exhibits and documents referenced herein are incorporated herein by their specific reference and made a part hereof.
6.6 Waiver. A Party's failure to insist on compliance or enforcement of any provision of this Agreement shall not affect the validity or enforcement, or constitute a waiver of future enforcement, of that provision or of any other provision of this Agreement by that Party or any other Party.
6.7 Modification. Except as otherwise specifically provided herein, no alteration, modification or interpretation of this Agreement shall be binding unlessin writing and signed by all of the Parties.
Assignment. Except as otherwise specifically provided herein, all of the rights and obligations of the Parties set forth herein are personal to the Parties and none of the Parties may assign his/her/its rights nor delegate his/her/its duties hereunder to any other Party without the express, prior, written consent of the other Parties. Notwithstanding the previous sentence, Streamline may transfer or assign its rights and obligations under this Agreement to a subsidiary or entity controlling, controlled by or under common control with Streamline or to an entity that acquires Streamline by merger or purchase of all or substantially all of Streamline’s assets.
6.8 Force Majeure. Neither party shall be in default of its obligations to the extent its performance is delayed or prevented by causes beyond its control, including but not limited to acts of God, earthquake, flood, embargo, riots, sabotage, fire, labor disturbances, acts of war, acts of terror, radiological, nuclear, chemical, or biological attack, or spread of infectious disease, a new and unforeseeable law or court order that prohibits a party’s performance or imposes a substantial and commercially unreasonable burden on a party’s performance, or the unavailability of third-party telecommunications or services (after taking all commercially reasonable steps to provide substitutes therefore).
6.9 Indemnification. The Parties agree to defend, indemnify, save, and hold harmless one another from any and all third-party demands, liabilities, losses, costs, claims, suits, causes of actions, and legal proceedings (including without limitation government enforcement actions) including reasonable attorney’s fees and disbursements, judgments, and settlements (collectively, the "Liabilities") against the other Party, its affiliates, agents, directors, officers, and employees, that may arise or result from: (a) any breach by the indemnifying Party of the representations and warranties in this Agreement; (b) any injury to person or property arising out of products or services provided under this Agreement; and (c) with respect to Streamline only, any material or software supplied by Streamline infringing or allegedly infringing on the proprietary rights of a third party, including copyright infringement or the infringement of any other intellectual property right asserted by a third party under this Agreement. Neither Party will indemnify the other for damages or liabilities arising from that Party’s gross negligence or intentional misconduct.
The Indemnifying Party shall bear all costs associated with the defense of any indemnifiable claims or actions brought against the Indemnified Party, including reasonable attorney’s fees, expenses, and court costs. The Indemnifying Party shall have the right to control the defense and settlement of such claims, provided that any settlement shall not impose any financial or non-financial obligation on the Indemnified Party, nor admit fault or liability on the part of the Indemnified Party, without the Indemnified Party’s prior written consent, which shall not be unreasonably withheld. In the event the Indemnified Party reasonably believes that a conflict of interest exists, the Indemnified Party shall have the right to engage separate counsel at its own expense.
177
5 Streamline License and Service Agreement Revised 12/14/2020
6.10 Limitation of Liability. Except as otherwise set forth in this Agreement, neither Party shall be liable for any indirect, incidental, exemplary, punitive, or consequential damages under this Agreement, including, without limitation, lost profits, lost goodwill, or lost business, even is such Party has been advised of the possibility of such damages. In no event shall either Party’s total liability for any action under this Agreement exceed the total amounts paid by Client during the Term. Notwithstanding the foregoing, the limitation on liability set forth herein shall not apply to any damages, losses, or liabilities arising out of or resulting from the gross negligence or willful misconduct of Streamline.
6.11 Insurance. Streamline shall comply with the insurance requirements set forth in Exhibit C.
6.12 No Warranty. Except for the express representations and warranties set forth in this Agreement, Streamline makes no other representations or warranties and hereby disclaims all responsibility for any situation where the security, the availability, or the stability of the Servicesis compromised by the Client, site content, or any actions taken by Streamline at the request of Client.
6.13 Notices. Any and all notices, demands, offers, requests or other communications required or permitted by this Agreement shall be given in writing and sent by personal delivery, email, or registered or certified mail, return receipt requested, with first-class postage prepaid addressed as follows:
If to Streamline:
2271 Lava Ridge Court
Suite 110
Roseville, CA 95661
Attention: Justin Powell
Email: [email protected]
If to Client:
City of Redondo Beach
Fire Department
401 S Broadway
Redondo Beach, CA 90277
Attention: Brian Regan
Email: [email protected]
All notices, including notices of address changes, under this Agreement are deemed received as follows: (1) on the second business day after emailing, provided no “bounce-back” message is received; (2) on the third day after mailing if sent by registered or certified mail; or (3) upon personal delivery. Either Party may update its address by providing written notice to the other Party.
6.14 Attorney Fees. If any action at law or in equity or any other proceeding is brought to enforce or interpret the provisions of this Agreement, the prevailing Party in such action or proceeding shall be entitled to reasonable attorney’s fees and associated costs.
6.15 Interpretation. Each Party represents and warrants that each of them has had an opportunity to fully review this Agreement and solicit counsel to assist them with such review. If an attorney has not been solicited by a Party, such Party acknowledges that it has chosen not to solicit an attorney because such Party fully understands the legal ramifications of this Agreement. In the event any disagreement should arise between the Parties regarding the interpretation of any of the provisions of this Agreement, then neither of the Parties shall be entitled to receive any preference by operation of law, or in equity, in the interpretation of such disagreement.
6.16 Severability. Any term or provision of this Agreement that isinvalid or unenforceable in any situation in any jurisdiction shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction; provided, however, that if either of the Parties hereto isthereby denied the substantial benefit of this Agreement, then this Agreement shall be of no further force or effect.
6.17 Effective Date. The Effective Date is for reference only. Even if this Agreement does not take effect, Client will be obligated to pay Streamline the reasonable value of any Services Streamline may have performed for Client.
6.18 Venue. The Parties hereby consent to personal jurisdiction in any action brought with respect to this Agreement. Each of the Parties agree that this Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to conflicts of law principles thereof and that that venue for any action initiated by any of the Parties pertaining to this Agreement shall be the state or federal courts in County of Los Angeles, California. The Parties hereby waive their right to contest this venue and to initiate such a claim in another venue.
6.19 Independent Contractor. The Parties represent and warrant that Streamline enters into this Agreement, and will remain throughout the Term of the Agreement, as an independent contractor. The Parties represent and warrant that Streamline is not and will not become an employee, partner, agent, or principal of Client while this Agreement is in effect.
6.20 Use of Employees or Subcontractors. Streamline may, at its own expense, use employees or subcontractors as necessary to fulfill its obligations under this Agreement. Specifically, Streamline may use Fire Recovery USA, LLC (FRUSA), a related entity, for Additional Services covered by this Agreement. Streamline shall remain fully responsible for FRUSA’s actions and performance and shall add FRUSA to its insurance policies for liability coverage related to actions under this Agreement.
6.21 Counterparts and Facsimile Transmission. This Agreement may be executed in counterparts, each of which shall be an original, but which together shall constitute one and the same Agreement. All fax, digital, mechanical and/or stamped signatures shall be treated as original signatures ("Associated Signature") that are associated with this Agreement, as long as affixed to the particular document with the approval of the person whose signature is represented by the Associated Signature. There shall be a rebuttable presumption that an Associated Signature was affixed to the particular document with the consent of the person whose signature is represented thereby.
6.22 Cooperative Purchases. This Agreement may be used by other government agencies. Company has agreed to offer similar services to other agencies under the same or similar terms and conditions as stated herein except the Company’s compensation may be negotiated between the Company and 178
6 Streamline License and Service Agreement Revised 12/14/2020 other agencies based on the specific revenue expectations, agency reimbursed costs, and other agency requirements. The City/County/or Fire Department/Protection District will in no way whatsoever incur any liability in relation to specifications, delivery, payment, or any other aspect of purchase by other agencies
6.23 Cybersecurity Standards and Responsibilities. Recognizing that the Licensed Property and Services do not store any confidential information or protected health information, Streamline agrees to implement and maintain commercially reasonable cybersecurity measures to safeguard against unauthorized access, cyberattacks, and other threats to system integrity. Streamline’s obligations under this section are as follows:
6.24.1 Streamline shall implement and maintain administrative, technical, and physical safeguards designed to protect the Licensed Property, software, and systems from unauthorized access, cyber threats, or data breaches.
6.24.2 In the event of a security incident that could reasonably be expected to impact Client’s access to or use of the Licensed Property, Streamline shall promptly notify Client in writing and work to restore normal system operations as soon as practicable.
6.24.3 Streamline shall maintain appropriate access controls and monitoring mechanisms to restrict access to systems authorized to provide the Licensed Property only to Streamline personnel or authorized third parties who have a legitimate need for such access.
6.24.4 Streamline shall conduct regular reviews of its cybersecurity practices and protocols to identify and address any reasonably foreseeable vulnerabilities, including performing software updates, patching, and applying other preventive measures as necessary.
6.24.5 Streamline shall maintain cybersecurity insurance in the amount specified in Exhibit C to cover liabilities arising from cyberattacks or data breaches, even though no confidential information is stored in the Licensed Property.
THE PARTIES HAVE EXECUTED THIS AGREEMENT AS OF THE DATE WRITTEN BELOW. “STREAMLINE” “CLIENT”
STREAMLINE AUTOMATION
SYSTEMS, LLC a California limited
liability company
By: Signature
CITY OF REDONDO BEACH,
a chartered municipal corporation
By: Signature
M. CRAIG NAGLER Print Name Print Name
Its: CEO/MANAGER Title Its: Title
Date Date
James A. Light
Mayor
ATTEST:
______________________________
Eleanor Manzano, City Clerk
APPROVED AS TO FORM:
______________________________
Michael W. Webb, City Attorney
Approved:
______________________________
Diane Strickfaden, Risk Manager
11/13/2024 | 7:14 PM EST
179
7 Streamline License and Service Agreement Revised 12/14/2020
EXHIBIT A
Hosting Solution shall consist of:
Company
Address
Phone
Quote
Name
2271 Lava
Ridge Ct Suite
120
Roseville, CA
95661 US
(916) 297-0205
2024 SLI
Renewal
Created
Date
Quote
Number
Description
10/16/2024
00002490
2024 SLI Software Renewal
Streamline Inspections Software
Support Maintenance and Updates.
Account
Name
Prepared
By Email
Redondo Beach Fire
Department (CA) Justin
Powell
[email protected]
Contact
Name
Phone
Email
Brian Regan
(310) 388-0663 Ext 4338
[email protected]
Bill To
Name
Bill To
Redondo Beach Fire
Department (CA) 401 S
Broadway
Redondo Beach, CA 90277
Ship To
Name
Redondo Beach Fire Department (CA)
From November 22, 2024 to November 21, 2025
Product Quantity Sales Price Discount (Percentage) Total Price Streamline Cloud Fee 1.00 $2,495.00 $2,495.00
Streamline Admin Portal License 2.00 $799.00 $1,598.00
iPad Support Renewal 15.00 $500.00 $7,500.00
iPad Support Renewal 5.00 $500.00 50.00% $1,250.00
2022 Cal Fire Code 20.00 $167.00 $3,340.00
Totals
Terms: Net 60 Subtotal $17,433.00
Discount 7.17%
Grand Total $16,183.00
Quote Acceptance Info
Signature:
Name:
Title:
Date:
Thank you for your
consideration.
Last
Modified By
Justin Powell
180
8 Streamline License and Service Agreement Revised 12/14/2020
EXHIBIT B
The Annual Service and Licensing Fee for licensing of Licensed Product is listed above.
The Annual Service and Licensing Fee for Hosting Services is listed above.
The Annual Remittance Date is the 1st day of the month of the annual effective date of this agreement. 181
9 Streamline License and Service Agreement Revised 12/14/2020
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting Streamline’s indemnification obligations under this Agreement, Streamline 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 Streamline, 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).
Workers’ Compensation insurance as required by the State of California.
Cyber Liability Insurance.
Minimum Limits of Insurance
Streamline 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.
Cyber Liability Insurance: $1,000,000 per occurrence for data breaches, cyberattacks, and other cybersecurity risks 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 Streamline shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
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 Streamline. General liability coverage can be provided in the form of an endorsement to the Streamline’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 Streamline.
For any claims related to this project, the Streamline’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 Streamline’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 Streamline’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.
Verification of Coverage
Streamline 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. 182
10 Streamline License and Service Agreement Revised 12/14/2020 Subcontractors
Streamline 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
Streamline 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. 183
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:
PRODUCER
(A/C, No, Ext): PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If 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 rights to the certificate holder in lieu of such endorsement(s).
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(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR WVDADDL
INSD
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 PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
10/24/2024
Marsh & McLennan Agency LLC
Marsh & McLennan Ins. Agency LLC
PO Box 85638
San Diego CA 92186
Kearstyn Freerking 858-7684075 [email protected] License#: 0H18131 United Specialty Insurance Company 12537 FIRERECOVE At-Bay Specialty Insurance Company 19607 Streamline Automation Systems, LLC
2271 Lava Ridge Ct.
Suite 120
Roseville CA 95661-3065
Sentinel Insurance Company Ltd 11000 Hartford Underwriters Insurance Company 30104 635249633 D X 1,000,000 X 1,000,000 10,000 1,000,000 2,000,000 X
Y Y 72SBABA9B2C 5/1/2024 5/1/2025
2,000,000
D 1,000,000 X XY Y 72SBABA9B2C 5/1/2024 5/1/2025
D X
72SBABA9B2C 5/1/2024 5/1/2025
1,000,000 1,000,000 X
10,000
C Y 72WECPO7250 5/1/2024 5/1/2025
X
1,000,000 1,000,000 1,000,000
A
B
Professional Liability
Cyber Liability
GCT181028302
AB662790002
3/1/2024
3/1/2024
3/1/2025
3/1/2025
Aggregate
Aggregate
$2,000,000
$1,000,000
Redondo Beach Fire Department is included as an additional insured as respects to General Liability and Auto Liability per attached endorsements. Waiver of Subrogation applies to General Liability, Auto Liability and Workers Compensation per attached endorsements. Primary and Non-Contributory Wording applies per attached endorsement.
Redondo Beach Fire Department
401 S Broadway
Redondo Beach CA 90277 184
Streamline Automation Systems, LLC 72SBABA9B2C 05/01/2024 05/01/2025 185
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Form SL 30 32 06 21 Page 1 of 3
© 2021, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
BLANKET ADDITIONAL INSURED BY CONTRACT
This endorsement modifies insurance provided under the following:
BUSINESS LIABILITY COVERAGE FORM
Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply.
A. The following is added to Section C. WHO IS AN INSURED:
Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written contract or written agreement, or when required by a written permit issued by a state or governmental agency or subdivision or political subdivision that such person or organization be added as an additional insured on your Coverage Part, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit.
A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit.
However, no such person or organization is an additional insured under this provision if such person or organization is included as an additional insured by any other endorsement issued by us and made a part of this Coverage Part.
The insurance afforded to such additional insured will not be broader than that which you are required by the contract, agreement, or permit to provide for such additional insured.
The insurance afforded to such additional insured only applies to the extent permitted by law.
The limits of insurance that apply to additional insureds are described in Section D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS.
a. Vendors
Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". (1) The insurance afforded to the vendor is subject to the following additional exclusions:
This insurance does not apply to:
(a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you;
(c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container;
(e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products;
(f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; 207
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Form SL 30 32 06 21 Page 2 of 3
© 2021, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission) (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to:
(i) The exceptions contained in Paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products.
(2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment
(1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises
(1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to:
(a) Any "occurrence" which takes place after you cease to lease that land or be a tenant in that premises; or
(b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization.
d. Architects, Engineers Or Surveyors
(1) Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf:
(a) In connection with your premises;
(b) In the performance of your ongoing operations performed by you or on your behalf; or (c) In connection with "your work" and included within the "products-completed operations hazard", but only if:
(i) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and
(ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard".
(2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies:
This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services, including:
(i) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (ii) Supervisory, surveying, inspection, architectural or engineering activities.
This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the “bodily injury”, “property 208
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Form SL 30 32 06 21 Page 3 of 3
© 2021, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission) damage”, or “personal and advertising injury” arises out of the rendering of or the failure to render any professional service.
e. State Or Governmental Agency Or Subdivision Or Political Subdivision Issuing Permit (1) Any state or governmental agency or subdivision or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit.
(2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to:
(a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (b) "Bodily injury" or "property damage" included within the "products-completed operations hazard". f. Any Other Party
(1) Any other person or organization who is not in one of the categories or classes listed above in Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf:
(a) In the performance of your ongoing operations performed by you or on your behalf; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products-completed operations hazard", but only if:
(i) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and
(ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard".
(2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies:
This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including:
(a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, surveying, inspection, architectural or engineering activities.
This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the “bodily injury”, “property damage”, or “personal and advertising injury” arises out of the rendering of or the failure to render any professional service described in Paragraphs f.(2)(a) or f.(2)(b) above. 209
INSURED:
POLICY #: POLICY PERIOD: TO:
Streamline Automation Systems, LLC 72WECPO7250 05/01/2024 05/01/2025 210
1 AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND AVANTPAGE INC.
THIS AGREEMENT FOR CONSULTING SERVICES (this "Agreement") is made between the City of Redondo Beach, a chartered municipal corporation ("City") and Avantpage Inc., a California corporation ("Consultant").
The parties hereby agree as follows:
1. Description of Project or Scope of Services. The project description or scope of services to be provided by Consultant, and any corresponding responsibilities of City, or services required to be performed by City are set forth in Exhibit "A."
2. Term and Time of Completion. Consultant shall commence and complete the project or services described in Exhibit "A" in accordance with the schedule set forth in Exhibit "B".
3. Compensation. City agrees to pay Consultant for work performed in accordance with Exhibit "C".
4. Insurance. Consultant shall adhere to the insurance requirements outlined in Exhibit “D”, unless otherwise waived by the City’s Risk Manager. * * * * *
GENERAL PROVISIONS
1. Independent Contractor. Consultant acknowledges, represents and warrants that Consultant 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. Consultant 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 Consultant's sole responsibility.
2. Brokers. Consultant acknowledges, represents and warrants that Consultant 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, 211
2 Consultant 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 other project without Consultant's consent. Notwithstanding the foregoing, Consultant shall not be obligated to assign any proprietary software or data developed by or at the direction of Consultant for Consultant's own use; provided, however, that Consultant 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 Consultant to conduct any inspections Consultant has agreed to perform pursuant to the terms of this Agreement. Consultant shall be solely liable for said inspections performed by Consultant. Consultant shall certify in writing to the City as to the completeness and accuracy of each inspection required to be conducted by Consultant 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 Consultant, 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 Consultant. City shall furnish Consultant to the extent available, with any City standards, details, specifications and regulations applicable to the Project and necessary for the performance of Consultant's services hereunder. Notwithstanding the foregoing, any and all additional data necessary for design shall be the responsibility of Consultant.
6. Records. Consultant, 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". Consultant, 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 Consultant'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. Unless otherwise provided herein, all changes and/or extra work under this Agreement shall be provided for by a subsequent written amendment executed by City and Consultant.
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3 8. Additional Assistance. If this Agreement requires Consultant to prepare plans and specifications, Consultant 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 Consultant shall issue any necessary addenda to the plans and specifications as requested. In the event Consultant 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. Consultant acknowledges, represents and warrants that Consultant 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 Consultant as a material inducement to enter into this Agreement.
Consultant shall perform in accordance with generally accepted professional practices and standards of Consultant's profession.
10. Business License. Consultant 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 Consultant of the project or services hereunder, immediately upon written notice to Consultant. In the event of any such termination, Consultant shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; and (2) necessary materials or services of others ordered by Consultant for this Agreement, prior to Consultant’s receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, and further provided that Consultant is not able to cancel such orders. Compensation for Consultant in such event shall be determined by the City in accordance with the percentage of the project or services completed by Consultant; and all of Consultant'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 Consultant 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 213
4 this Agreement by giving written notice of such termination, stating the reasons for such termination. Consultant 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 Consultant's breach of this Agreement.
13. Conflict of Interest. Consultant acknowledges, represents and warrants that Consultant 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. Consultant further acknowledges, represents and warrants that Consultant has no business relationship or arrangement of any kind with any City official or employee with respect to this Agreement. Consultant acknowledges that in the event that Consultant 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, Consultant 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 Consultant’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 damage which was caused by the sole negligence or willful misconduct of the City. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant 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 Consultant 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. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees.
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5 15. Insurance. Consultant 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. Consultant 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.
18. Non-Discrimination. Consultant shall comply with all applicable federal, state, and local laws, ordinances, regulations, and codes prohibiting discrimination, including but not limited to the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and the California Fair Employment and Housing Act.
Consultant shall not discriminate against any employee or applicant for employment on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Consultant shall ensure that the evaluation and treatment of its employees and applicants for employment are free from such discrimination and harassment. Consultant shall include a similar non-discrimination provision in all subcontracts related to the performance of this Agreement.
19. Limitations upon Subcontracting and Assignment. Consultant acknowledges that the services which Consultant shall provide under this Agreement are unique, personal services which, except as otherwise provided herein, Consultant 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 Consultant, Consultant shall provide to the City upon request copies of each and every subcontract prior to the execution thereof by Consultant and subcontractor. Any attempt by Consultant 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 Consultant or twenty-five percent (25%) or more the voting control of Consultant (whether Consultant is a corporation, limited liability company, partnership, joint venture or otherwise) shall constitute an assignment for purposes of this Agreement.
Further, the involvement of Consultant or its assets in any transaction or series of transactions (by way of merger, sale, acquisition, financing, transfer, leveraged 215
6 buyout or otherwise), whether or not a formal assignment or hypothecation of this Agreement or Consultant’s assets occurs, which reduces Consultant’s assets or net worth by twenty-five percent (25%) or more shall also constitute an assignment for purposes of this Agreement.
20. Subcontractors. Consultant shall provide properly skilled professional and technical personnel to perform any approved subcontracting duties. Consultant 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.
21. 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 Consultant and City may be used to assist in the interpretation of the exhibits to this Agreement.
22. Amendment. This Agreement may be amended or modified only by a subsequent written amendment executed by both parties.
23. 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 Consultant.
24. Non-Exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Consultant hereunder shall be non-exclusive, and City reserves the right to employ other contractors in connection with the project.
25. 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 Consultant, or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Agreement.
26. Time of Essence. Time is of the essence of this Agreement.
27. Confidentiality. To the extent permissible under law, Consultant shall keep confidential its obligations hereunder and the information acquired during the performance of the project or services hereunder.
28. 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." 216
7 29. 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.
30. 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.
31. Claims. Any claim by Consultant 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.
32. Interpretation. Consultant 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.
33. Warranty. In the event that any product shall be provided to the City as part of this Agreement, Consultant warrants as follows: Consultant 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 Consultant, at Consultant's expense, including shipping.
Consultant shall not be liable under this warranty for an amount greater than the amount set forth in Exhibit "C" hereto.
34. 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.
35. 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 Consultant warrants and represents that he or she is duly authorized to enter into and execute this Agreement on behalf of Consultant, 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 Consultant.
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8 36. 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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9 IN WITNESS WHEREOF, the parties have executed this Agreement in Redondo Beach, California, as of this 19th day of November, 2024.
CITY OF REDONDO BEACH, AVANTPAGE INC.,
a chartered municipal corporation a California corporation __________________________ By: _______________________
James A. Light, Mayor Name:_______________________
Title: _______________________
ATTEST: APPROVED:
__________________________ __________________________
Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
__________________________
Michael W. Webb, City Attorney
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10 EXHIBIT "A"
SCOPE OF SERVICES
CONSULTANT'S DUTIES
Consultant shall perform the following duties for the March 4, 2025 General Municipal Election. Consultant shall:
1. Translate written election materials and other requested documents into Spanish and additional languages as requested by the City.
2. Format translated documents to ensure consistency with the original formatting requirements.
3. Utilize translation memory (TM) software to capture and apply previous translation files, ensuring that repeated terms and phrases maintain consistency, cost-effectiveness, and efficiency across projects.
4. Adhere to the following turnaround times based on word count per project:
Number of Words Turnaround Times (Business Times)
1-1000 words 2 business days
1000-3000 words 3 business days
3000-5000 words 4 business days
5000 words or more 5 or more business days
5. Apply a 30% rush fee for urgent translation requests, subject to prior approval from the City.
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11 EXHIBIT "B"
TERM AND TIME OF COMPLETION
TERM. The term of this Agreement shall commence on November 19, 2024, and expire on November 18, 2025 ("Term"), unless otherwise terminated herein. 221
12 EXHIBIT "C"
COMPENSATION
Provided Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.
1. AMOUNT. Consultant shall be paid in accordance with the following rate schedule.
Translation Services
Type of Fee Cost
Spanish Translation $0.19 per word, with a minimum project fee of $75.
Other Languages
Pricing upon request, with a minimum project fee of
$75.
Hourly Rate for Translation
Services
$75 per hour for additional services beyond document
translation.
Rush Fees
A 30% rush fee may be applied to expedited requests
with prior approval.
Translation Memory Discount
Translation Memory Match Type Percentage of Full Rate
100% match/repetitions 30% of the full rate
75%-99% (fuzzy match) 50% of the full rate
No match – 74% 100% of the full rate
5000 words or more 5 or more business days
• Unmatched: A new string to be translated from scratch. • Fuzzy matches ( from 75% to 99%): The TM software has found a segment that is similar by at least 75%. The difference between the old and the new source text are displayed as track changes for the linguists' information.
2. METHOD OF PAYMENT. Consultant shall provide a monthly invoice to the City for approval and payment. Invoices shall provide date of service, description of services, word count, minimum fee and/or rush fees (if applicable), and any translation memory discounts. Invoices shall be itemized, adequately detailed, and based on accurate records. Invoice must be itemized, adequately detailed, based on accurate records of services provided in the prior month, and in a form reasonably satisfactory to City.
Consultant shall provide any other back-up material upon request.
3. SCHEDULE FOR PAYMENT. City agrees to pay Consultant within thirty (30) days of receipt of the City' s monthly invoice, provided services are completed to City's full satisfaction.
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13 4. NOTICE. Written notices to City and Consultant shall be given by registered or certified mail, postage prepaid, email, or personally served, and addressed to the following parties.
Consultant: Avantpage Inc.
523 G Street
Davis, CA 95616
Attention: Eduardo Diaz, Contract Manager
Email: [email protected]
With a Copy to:
Avantpage Inc.
523 G Street
Davis, CA 95616
Attention: Vera Hooijdonk, Director of Business Development Email: [email protected]
City: City of Redondo Beach
City Clerk’s Office
415 Diamond St.
Redondo Beach, CA 90277
Attention: Eleanor Manzano, City Clerk
Email: [email protected]
All notices, including notices of address changes, provided under this Agreement are deemed received as follows: (1) on the second business day after emailing, provided that no “bounce-back” or similar message indicating non-delivery is received; (2) on the third day after mailing if sent by registered or certified mail; or (3) upon personal delivery. 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 in accordance with this section.
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14 EXHIBIT “D”
INSURANCE REQUIREMENTS FOR CONSULTANTS
Without limiting Consultant’s indemnification obligations under this Agreement, Consultant 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 Consultant, 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
Consultant shall maintain limits no less than:
General Liability: $2,000,000 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 Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
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15 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 Consultant. General liability coverage can be provided in the form of an endorsement to the Consultant’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 Consultant.
For any claims related to this project, the Consultant’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 Consultant’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 Consultant’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.
225
16 Verification of Coverage
Consultant 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
Consultant 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
Consultant 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.
226
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:
PRODUCER
(A/C, No, Ext): PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If 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 rights to the certificate holder in lieu of such endorsement(s).
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(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR WVDADDL
INSD
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 PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
11/12/2024
McGee & Thielen Insurance Brokers, Inc
3840 Rosin Court # 245
Sacramento CA 95834
Amber Greenberg 916-561-4614 916-561-4658 [email protected] License#: 0633187 Citizens Insurance Company of America 31534 AVANINC-01 Allmerica Financial Benefit In 41840 Avantpage, Inc.
523 G Street
Davis CA 95616
Gemini Insurance Company 10833 Houston Casualty Co. 42374 Lloyds of London 13781 665963430 A X 2,000,000 X 1,000,000 10,000 2,000,000 4,000,000 X
Y Y OBFH777636 10/30/2024 10/30/2025
4,000,000
B 1,000,000 X
X X
Y Y AWFH777635 10/30/2024 10/30/2025
A X X 1,000,000 Y Y OBFH777636 10/30/2024 10/30/2025
1,000,000
B X
Y
Y W2FH777627 10/30/2024 10/30/2025
1,000,000 1,000,000 1,000,000
C
D
E
Professional Liability
Network Security/Cyber Liability
Abuse & Molestation Liab., CM
VNPL015976
H22NGP21402502
SML000000423595B
5/15/2024
3/22/2024
8/23/2024
5/15/2025
3/22/2025
8/23/2025
$2,000,000 each claim
$2,000,000 each claim
$1,000,000 each claim
$3,000,000 Agg.
$2,000,000 Agg.
$1,000,000 Agg.
Certificate holder and any other additional entities, as required by contract, permit, or agreement, are additional insureds per the attached blanket endorsements 391-1006 08/16 and CA 02 48 02/99. Insurance is primary and non-contributory per the attached blanket endorsements 391-1003 08/16, 473-2106 10/16 and CA 01 43 05/07. Waiver of subrogation applies per the attached blanket endorsements BP 04 97 07/02, 461-0155 09/97 and WC 04 03 06 04/84. City of Redondo Beach Elections
415 Diamond Street
Redondo Beach CA 90277 227
WZFH777627 5701335
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be _____% of the California workers' compensation premium otherwise due on such remuneration.
Schedule
Person or Organization Job Description
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No.
Insured
Insurance Company
Countersigned By
WC 04 03 06 (Ed 04-84)
APP LIES AS BLANKET WAIVER
FOR THOSE HAVING A WRITTEN
CONTRACT WITH THE P O L I C Y -
WC POLICYHOLDER EMPLOYEES.
2 WZF-H777627-02
THE HANOVER AMERICAN INSURANCE COMPANY
AvantPage Inc.
10/30/2023
228
OBF H777636 5701335
1. SECTION I - PROPERTY, if two or more of
this coverage part's coverages apply to
the same loss or damage, we will not pay
more than the actual amount of the loss or
damage.
2. SECTION II - LIABILITY, it is our stated
intent that the various Coverage Parts,
forms, endorsements or policies issued to
the named insured by us, or any company
affiliated with us, do not provide any
duplication or overlap of coverage for the
same claim, "suit", "occurrence", offense,
accident, "wrongful act" or loss. We will
not pay more than the actual amount of
the loss or damage.
If this Coverage Part and any other
Coverage Part, form, endorsement or
policy issued to the named insured by us,
or any company affiliated with us, apply to
the same claim, "suit", occurrence,
offense, accident, "wrongful act" or loss,
the maximum Limit of Insurance under all
such Coverage Parts, forms,
endorsements or policies combined shall
not exceed the highest applicable Limit of
Insurance under any one Coverage Part,
form, endorsement or policy.
This condition does not apply to any
Excess or Umbrella Policy issued by us
specifically to apply as excess insurance
over this policy.
G. Liberalization
If we adopt any revision that would broaden
the coverage under this policy without
additional premium within 45 days prior to or
during the policy period, the broadened
coverage will immediately apply to this policy.
H. Other Insurance
1. SECTION I - PROPERTY
If there is other insurance covering the
same loss or damage, we will pay only for
the amount of covered loss or damage in
excess of the amount due from that other
insurance, whether you can collect on it or
not. But, we will not pay more than the
applicable Limit of Insurance of SECTION I
- PROPERTY.
2. SECTION II - LIABILITY
If other valid and collectible insurance is
available to the insured for a loss we
cover under SECTION II - LIABILITY, our
obligations are limited as follows:
a. Primary Insurance
This insurance is primary except when
paragraph b. below applies. If this
insurance is primary, our obligations
are not affected unless any of the
other insurance is also primary. Then,
we will share with all that other
insurance by the method described in
paragraph c. below.
However, if you agree in a written
contract, written agreement, or
written permit that the insurance
provided to any person or
organization included as an
Additional Insured under this
Coverage Part is primary and
non-contributory, we will not seek
contribution from any other
insurance available to that Additional
Insured which covers the Additional
Insured as a Named Insured except:
(1) For the sole negligence of the
Additional Insured; or
(2) When the Additional Insured is
an Additional Insured under
another liability policy.
b. Excess Insurance
This insurance is excess over:
(1) Any of the other insurance,
whether primary, excess,
contingent or on any other basis:
(a) That is Fire, Extended
Coverage, Builder's Risk,
Installation Risk or similar
coverage for "your work";
(b) That is Property Insurance for
premises rented to you or
temporarily occupied by you
with permission of the owner;
(c) That is insurance purchased
by you to cover your liability
as a tenant for "property
damage" to premises rented
to you or temporarily
occupied by you with
permission of the owner; or
(d) If the loss arises out of the
maintenance or use of
aircraft, "autos" or watercraft
to the extent not subject to
SECTION II - LIABILITY,
Exclusion g. Aircraft, Auto or
Watercraft; and
(2) Any other primary insurance
available to you covering liability
for damages arising out of the
premises or operations, or the
products and completed
operations, for which you have
been added as an additional
insured by attachment of an
endorsement.
When this insurance is excess, we
will have no duty under SECTION II -
LIABILITY to defend the insured
against any "suit" if any other
insurer has a duty to defend the
insured against that "suit". If no other
insurer defends, we will undertake to
do so, but we will be entitled to the
391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 79 of 81 229
premium in accordance with our rates and
rules then in effect.
3. With our consent, you may continue this
policy in force by paying a continuation
premium for each successive one-year
period. The premium must be:
a. Paid to us prior to the anniversary
date; and
b. Determined in accordance with
paragraph 2. above.
Our forms then in effect will apply. If you
do not pay the continuation premium, this
policy will expire on the first anniversary
date that we have not received the
premium.
4. Undeclared exposures or change in your
business operation, acquisition or use of
locations may occur during the policy
period that is not shown in the
Declarations. If so, we may require an
additional premium. That premium will be
determined in accordance with our rates
and rules then in effect.
J. Premium Audit
1. This policy is subject to audit if a premium
designated as an advance premium is
shown in the Declarations. We will
compute the final premium due when we
determine your actual exposures.
2. Premium shown in this policy as advance
premium is a deposit premium only. At the
close of each audit period, we will
compute the earned premium for that
period and send notice to the first Named
Insured. The due date for audit premiums
is the date shown as the due date on the
bill. If the sum of the advance and audit
premiums paid for the policy period is
greater than the earned premium, we will
return the excess to the first Named
Insured.
3. The first Named Insured must keep
records of the information we need for
premium computation and send us copies
at such times as we may request.
K. Transfer of Rights of Recovery Against Others
to Us
1. Applicable to SECTION I - PROPERTY
Coverage:
If any person or organization to or for
whom we make payment under this policy
has rights to recover damages from
another, those rights are transferred to us
to the extent of our payment. That person
or organization must do everything
necessary to secure our rights and must
do nothing after loss to impair them. But
you may waive your rights against another
party in writing:
insured's rights against all those other
insurers.
c. When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
(1) The total amount that all such other
insurance would pay for the loss in
the absence of this insurance; and
(2) The total of all deductible and
self-insured amounts under all that
other insurance.
d. We will share the remaining loss, if any,
with any other insurance that is not
described in this provision and was not
bought specifically to apply in excess of
the Limits of Insurance shown in the
Declarations for this Coverage.
e. Method of Sharing
If all of the other insurance permits
contribution by equal shares, we will
follow this method also. Under this
approach each insurer contributes equal
amounts until it has paid its applicable
Limit of Insurance or none of the loss
remains, whichever comes first.
If any of the other insurance does not
permit contribution by equal shares, we
will contribute by limits. Under this
method, each insurer's share is based on
the ratio of its applicable Limit of
Insurance to the total applicable limits of
insurance of all insurers.
f. When this insurance is excess, we will
have no duty under Business Liability
Coverage to defend any claim or "suit"
that any other insurer has a duty to
defend. If no other insurer defends, we
will undertake to do so; but we will be
entitled to the insured's rights against all
those other insurers.
I. Premiums
1. The first Named Insured shown in the
Declarations:
a. Is responsible for the payment of all
premiums; and
b. Will be the payee for any return
premiums we pay.
2. The premium shown in the Declarations was
computed based on rates in effect at the time
the policy was issued. On each renewal,
continuation or anniversary of the effective
date of this policy, we will compute the
391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 80 of 81 230
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESSOWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
This endorsement amends coverages provided under the Businessowners Coverage Form through new coverages and broader coverage grants. This coverage is subject to the provisions applicable to the Businessowners Coverage Form, except as provided below.
The following changes are made to SECTION II -
LIABILITY:
1. Additional Insured by Contract, Agreement or
Permit
The following is added to SECTION II -
LIABILITY, C. Who Is An Insured:
Additional Insured by Contract, Agreement or
Permit
a. Any person or organization with whom you
agreed in a written contract, written
agreement or permit to add such person or
organization as an additional insured on
your policy is an additional insured only with
respect to liability for "bodily injury",
"property damage", or "personal and
advertising injury" caused, in whole or in
part, by your acts or omissions, or the acts
or omissions of those acting on your behalf,
but only with respect to:
(1) "Your work" for the additional insured(s)
designated in the contract, agreement or
permit;
(2) Premises you own, rent, lease or
occupy; or
(3) Your maintenance, operation or use of
equipment leased to you.
b. The insurance afforded to such additional
insured described above:
(1) Only applies to the extent permitted by
law; and
(2) Will not be broader than the insurance
which you are required by the contract,
agreement or permit to provide for such
additional insured.
(3) Applies on a primary basis if that is
required by the written contract, written
agreement or permit.
(4) Will not be broader than coverage
provided to any other insured.
(5) Does not apply if the "bodily injury",
"property damage" or "personal and
advertising injury" is otherwise excluded
from coverage under this Coverage Part,
including any endorsements thereto.
391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 1 of 6 SUMMARY OF COVERAGES Limits Page
1. Additional Insured by Contract, Agreement or Permit Included 1
2. Additional Insured - Broad Form Vendors
3. Alienated Premises
4. Broad Form Property Damage - Borrowed Equipment, Customers Goods and Use of Elevators
5. Incidental Malpractice (Employed Nurses, EMT's and Paramedics)
6. Personal and Advertising Injury - Broad Form
7. Product Recall Expense
Product Recall Expense Each Occurrence Limit
Product Recall Expense Aggregate Limit
Product Recall Deductible
8. Unintentional Failure to Disclose Hazards
9. Unintentional Failure to Notify
Included
Included
Included
Included
Included
Included
$25,000
$50,000
$500
Included
Included
2 3
3 3
4 4
5 5
5 6
6 Aggregate
Occurrence
OBF H777636
231
OBF H777636 5701335
c. This provision does not apply:
(1) Unless the written contract or written
agreement was executed or permit was
issued prior to the "bodily injury",
"property damage", or "personal injury
and advertising injury".
(2) To any person or organization included
as an insured by another endorsement
issued by us and made part of this
Coverage Part.
(3) To any lessor of equipment:
(a) After the equipment lease expires; or
(b) If the "bodily injury", "property
damage", "personal and advertising
injury" arises out of sole negligence
of the lessor.
(4) To any:
(a) Owners or other interests from whom
land has been leased if the
"occurrence" takes place or the
offense is committed after the lease
for the land expires; or
(b) Managers or lessors of premises if:
(i) The "occurrence" takes place or
the offense is committed after
you cease to be a tenant in that
premises; or
(ii) The "bodily injury", "property
damage", "personal injury" or
"advertising injury" arises out of
structural alterations, new
construction or demolition
operations performed by or on
behalf of the manager or lessor.
(5) To "bodily injury", "property damage" or
"personal and advertising injury" arising
out of the rendering of or the failure to
render any professional services.
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision,
hiring, employment, training or
monitoring of others by that insured, if
the "occurrence" which caused the
"bodily injury" or "property damage" or
the offense which caused the "personal
and advertising injury" involved the
rendering of or failure to render any
professional services by or for you.
d. With respect to the insurance afforded to
these additional insureds, the following is
added to SECTION II - LIABILITY, D. Liability
and Medical Expense Limits of Insurance:
The most we will pay on behalf of the
additional insured for a covered claim is the
lesser of the amount of insurance:
1. Required by the contract, agreement or
permit described in Paragraph a.; or
2. Available under the applicable Limits of
Insurance shown in the Declarations.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations
e. All other insuring agreements, exclusions,
and conditions of the policy apply.
2. Additional Insured - Broad Form Vendors
The following is added to SECTION II -
LIABILITY, C. Who Is An Insured:
Additional Insured - Broad Form Vendors
a. Any person or organization that is a vendor
with whom you agreed in a written contract
or written agreement to include as an
additional insured under this Coverage Part
is an insured, but only with respect to liability
for "bodily injury" or "property damage"
arising out of "your products" which are
distributed or sold in the regular course of
the vendor's business.
b. The insurance afforded to such vendor
described above:
(1) Only applies to the extent permitted by
law;
(2) Will not be broader than the insurance
which you are required by the contract or
agreement to provide for such vendor;
(3) Will not be broader than coverage
provided to any other insured; and
(4) Does not apply if the "bodily injury",
"property damage" or "personal and
advertising injury" is otherwise excluded
from coverage under this Coverage Part,
including any endorsements thereto
c. With respect to insurance afforded to such
vendors, the following additional exclusions
apply:
The insurance afforded to the vendor does
not apply to:
(1) "Bodily injury" or "property damage" for
which the vendor is obligated to pay
damages by reasons of the assumption of
liability in a contract or agreement. This
exclusion does not apply to liability for
damages that the insured would have in
the absence of the contract or
agreement;
(2) Any express warranty unauthorized by
you;
391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 2 of 6 232
(3) Any physical or chemical change in the
product made intentionally by the
vendor;
(4) Repackaging, unless unpacked solely for
the purpose of inspection,
demonstration, testing, or the
substitution of parts under instruction
from the manufacturer, and then
repackaged in the original container;
(5) Any failure to make such inspection,
adjustments, tests or servicing as the
vendor has agreed to make or normally
undertakes to make in the usual course
of business in connection with the sale
of the product;
(6) Demonstration, installation, servicing or
repair operations, except such
operations performed at the vendor's
premises in connection with the sale of
the product;
(7) Products which, after distribution or sale
by you, have been labeled or relabeled
or used as a container, part or
ingredient of any other thing or
substance by or for the vendor;
(8) "Bodily injury" or "property damage"
arising out of the sole negligence of the
vendor for its own acts or omissions or
those of its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(a) The exceptions contained within the
exclusion in subparagraphs (4) or (6)
above; or
(b) Such inspections, adjustments, tests
or servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products.
(9) "Bodily injury" or "property damage"
arising out of an "occurrence" that took
place before you have signed the
contract or agreement with the vendor.
(10)To any person or organization included
as an insured by another endorsement
issued by us and made part of this
Coverage Part.
(11)Any insured person or organization,
from whom you have acquired such
products, or any ingredient, part or
container, entering into, accompanying
or containing such products.
d. With respect to the insurance afforded to
these vendors, the following is added to
SECTION II - LIABILITY, D. Liability and
Medical Expense Limits of Insurance:
The most we will pay on behalf of the vendor
for a covered claim is the lesser of the
amount of insurance:
1. Required by the contract or agreement
described in Paragraph a.; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
3. Alienated Premises
SECTION II - LIABILITY, B. Exclusions, 1.
Applicable To Business Liability Coverage k.
Damage to Property, paragraph (2) is replaced by
the following:
(2) Premises you sell, give away or abandon, if
the "property damage" arises out of any part
of those premises and occurred from hazards
that were known by you, or should have
reasonably been known by you, at the time
the property was transferred or abandoned.
4. Broad Form Property Damage - Borrowed
Equipment, Customers Goods, Use of Elevators
a. The following is added to SECTION II -
LIABILITY, B. Exclusions, 1. Applicable To
Business Liability Coverage, k. Damage to
Property:
Paragraph (4) does not apply to "property
damage" to borrowed equipment while at a
jobsite and not being used to perform
operations.
Paragraph (3), (4) and (6) do not apply to
"property damage" to "customers goods"
while on your premises nor to the use of
elevators.
b. For the purposes of this endorsement, the
following definition is added to SECTION II -
LIABILITY, F. Liability and Medical Expenses
Definitions:
1. "Customers goods" means property of
your customer on your premises for the
purpose of being:
a. Worked on; or
b. Used in your manufacturing process.
c. The insurance afforded under this provision is
excess over any other valid and collectible
property insurance (including deductible)
available to the insured whether primary,
excess, contingent or on any other basis.
5. Incidental Malpractice - Employed Nurses, EMT's
and Paramedics
SECTION II - LIABILITY, C. Who Is An Insured,
paragraph 2.a.(1)(d) does not apply to a nurse,
391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 3 of 6 OBF H777636
233
OBF H777636 5701335
emergency medical technician or paramedic
employed by you if you are not engaged in the
business or occupation of providing medical,
paramedical, surgical, dental, x-ray or nursing
services.
6. Personal Injury - Broad Form
a. SECTION II - LIABILITY, B. Exclusions, 2.
Additional Exclusions Applicable only to
"Personal and Advertising Injury", paragraph
e. is deleted.
b. SECTION II - LIABILITY, F. Liability and
Medical Expenses Definitions, 14. "Personal
and advertising injury", paragraph b. is
replaced by the following:
b. Malicious prosecution or abuse of
process.
c. The following is added to SECTION II -
LIABILITY, F. Liability and Medical Expenses
Definitions, Definition 14. "Personal and
advertising injury":
"Discrimination" (unless insurance thereof is
prohibited by law) that results in injury to the
feelings or reputation of a natural person,
but only if such "discrimination" is:
(1) Not done intentionally by or at the
direction of:
(a) The insured;
(b) Any officer of the corporation,
director, stockholder, partner or
member of the insured; and
(2) Not directly or indirectly related to an
"employee", not to the employment,
prospective employment or termination
of any person or persons by an insured.
d. For purposes of this endorsement, the
following definition is added to SECTION II -
LIABILITY, F. Liability and Medical Expenses
Definitions:
1. "Discrimination" means the unlawful
treatment of individuals based upon race,
color, ethnic origin, gender, religion, age,
or sexual preference. "Discrimination"
does not include the unlawful treatment
of individuals based upon developmental,
physical, cognitive, mental, sensory or
emotional impairment or any
combination of these.
e. This coverage does not apply if liability
coverage for "personal and advertising
injury" is excluded either by the provisions of
the Coverage Form or any endorsement
thereto.
7. Product Recall Expense
a. SECTION II - LIABILITY, B. Exclusions, 1.
Applicable To Business Liability Coverage,
o. Recall of Products, Work or Impaired
is replaced by the following:
o. Recall of Products, Work or Impaired
Property
Damages claimed for any loss, cost or
expense incurred by you or others for
the loss of use, withdrawal, recall,
inspection, repair, replacement,
adjustment, removal or disposal of:
(1) "Your product";
(2) "Your work"; or
(3) "Impaired property";
If such product, work or property is
withdrawn or recalled from the market or
from use by any person or organization
because of a known or suspected defect,
deficiency, inadequacy or dangerous
condition in it, but this exclusion does
not apply to "product recall expenses"
that you incur for the "covered recall" of
"your product".
However, the exception to the exclusion
does not apply to "product recall
expenses" resulting from:
(4) Failure of any products to accomplish
their intended purpose;
(5) Breach of warranties of fitness,
quality, durability or performance;
(6) Loss of customer approval, or any
cost incurred to regain customer
approval;
(7) Redistribution or replacement of
"your product" which has been
recalled by like products or
substitutes;
(8) Caprice or whim of the insured;
(9) A condition likely to cause loss of
which any insured knew or had
reason to know at the inception of
this insurance;
(10)Asbestos, including loss, damage or
clean up resulting from asbestos or
asbestos containing materials; or
(11)Recall of "your products" that have
no known or suspected defect solely
because a known or suspected
defect in another of "your products"
has been found.
b. The following is added to SECTION II -
LIABILITY, C. Who Is An Insured, paragraph
3.b.:
"Product recall expense" arising out of any
withdrawal or recall that occurred before you
acquired or formed the organization.
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234
c. The following is added to SECTION II -
LIABILITY, D. Liability and Medical Expenses
Limits of Insurance:
Product Recall Expense Limits of Insurance
a. The Limits of Insurance shown in the
SUMMARY OF COVERAGES of this
endorsement and the rules stated below
fix the most that we will pay under this
Product Recall Expense Coverage
regardless of the number of:
(1) Insureds;
(2) "Covered Recalls" initiated; or
(3) Number of "your products"
withdrawn.
b. The Product Recall Expense Aggregate
Limit is the most that we will reimburse
you for the sum of all "product recall
expenses" incurred for all "covered
recalls" initiated during the policy period.
c. The Product Recall Each Occurrence
Limit is the most we will pay in
connection with any one defect or
deficiency.
d. All "product recall expenses" in
connection with substantially the same
general harmful condition will be
deemed to arise out of the same defect
or deficiency and considered one
"occurrence".
e. Any amount reimbursed for "product
recall expenses" in connection with any
one "occurrence" will reduce the amount
of the Product Recall Expense Aggregate
Limit available for reimbursement of
"product recall expenses" in connection
with any other defect or deficiency.
f. If the Product Recall Expense Aggregate
Limit has been reduced by
reimbursement of "product recall
expenses" to an amount that is less than
the Product Recall Expense Each
Occurrence Limit, the remaining
Aggregate Limit is the most that will be
available for reimbursement of "product
recall expenses" in connection with any
other defect or deficiency.
g. Product Recall Deductible
We will only pay for the amount of
"product recall expenses" which are in
excess of the $500 Product Recall
Deductible. The Product Recall
Deductible applies separately to each
"covered recall". The limits of insurance
will not be reduced by the amount of this
deductible.
We may, or will if required by law, pay all
or any part of any deductible amount, if
applicable. Upon notice of our payment
of a deductible amount, you shall
promptly reimburse us for the part of the
deductible amount we paid.
The Product Recall Expense Limits of
Insurance apply separately to each
consecutive annual period and to any
remaining period of less than 12 months,
starting with the beginning of the policy
period shown in the Declarations, unless the
policy period is extended after issuance for
an additional period of less than 12 months.
In that case, the additional period will be
deemed part of the last preceding period for
the purposes of determining the Limits of
Insurance.
d. The following is added to SECTION II -
LIABILITY, E. Liability and Medical Expense
General Conditions, 2. Duties in the Event of
Occurrence, Offense, Claim or Suit:
You must see to it that the following are
done in the event of an actual or anticipated
"covered recall" that may result in "product
recall expense":
(1) Give us prompt notice of any discovery
or notification that "your product" must
be withdrawn or recalled. Include a
description of "your product" and the
reason for the withdrawal or recall;
(2) Cease any further release, shipment,
consignment or any other method of
distribution of like or similar products
until it has been determined that all
such products are free from defects that
could be a cause of loss under this
insurance.
e. For the purposs of this endorsement, the
following definitions are added to SECTION
II - LIABILITY, F. Liability and Medical
Expenses Definitions:
1. "Covered recall" means a recall made
necessary because you or a government
body has determined that a known or
suspected defect, deficiency,
inadequacy, or dangerous condition in
"your product" has resulted or will result
in "bodily injury" or "property damage".
2. "Product recall expense(s)" means:
a. Necessary and reasonable expenses
for:
(1) Communications, including radio
or television announcements or
printed advertisements including
stationary, envelopes and
postage;
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(2) Shipping the recalled products
from any purchaser, distributor or
user to the place or places
designated by you;
(3) Remuneration paid to your
regular "employees" for
necessary overtime;
(4) Hiring additional persons, other
than your regular "employees";
(5) Expenses incurred by "employees"
including transportation and
accommodations;
(6) Expenses to rent additional
warehouse or storage space;
(7) Disposal of "your product", but
only to the extent that specific
methods of destruction other than
those employed for trash
discarding or disposal are
required to avoid "bodily injury"
or "property damage" as a result
of such disposal,
you incur exclusively for the purpose
of recalling "your product"; and
b. Your lost profit resulting from such
"covered recall".
f. This Product Recall Expense Coverage does
not apply:
(1) If the "products - completed operations
hazard" is excluded from coverage under
this Coverage Part including any
endorsement thereto; or
(2) To "product recall expense" arising out of
any of "your products" that are otherwise
excluded from coverage under this
Coverage Part including endorsements
thereto.
8. Unintentional Failure to Disclose Hazards
The following is added to SECTION II -
LIABILITY, E. Liability and Medical Expenses
General Conditions:
Representations
We will not disclaim coverage under this
Coverage Part if you fail to disclose all hazards
existing as of the inception date of the policy
provided such failure is not intentional.
9. Unintentional Failure to Notify
The following is added to SECTION II -
LIABILITY, E. Liability and Medical Expenses
General Conditions, 2. Duties in the Event of
Occurrence, Offense, Claim or Suit:
Your rights afforded under this Coverage Part
shall not be prejudiced if you fail to give us
notice of an "occurrence", offense, claim or "suit",
solely due to your reasonable and documented
belief that the "bodily injury", "property damage"
or "personal and advertising injury" is not
covered under this Policy.
ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 6 of 6 236
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461-0155 (9-97) Page 1 of 7
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO COVERAGE
BROADENING ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
1. CANCELLATION EXTENSION
Paragraph A. CANCELLATION 2. b. of the
COMMON POLICY CONDITIONS is
replaced with the following:
b. 60 days before the effective date
of cancellation if we cancel for
any other reason.
SECTION I - COVERED AUTOS
2. EMPLOYEE HIRED "AUTOS"
Description Of Covered Auto
Designation Symbols; Symbol 8 is
replaced by the following:
8 = Hired "Autos" Only - Only those
"autos" you lease, hire, rent or borrow;
including "autos" your employee hires at
your direction, for the purpose of
conducting your business. This does not
include any "auto" you lease, hire, rent, or
borrow from any of your "employees" or
partners or members of their households.
SECTION II - LIABILITY COVERAGE
3. BROADENED NAMED INSURED
The following is added to the SECTION II -
LIABILITY COVERAGE, Paragraph 1. Who
Is An Insured provision:
d. Any business entity for which you
have a financial interest greater
than 50% of the voting stock or
otherwise have a controlling
interest after the effective date of
this policy or that is newly
acquired or formed by you during
the term of this policy.
The coverage provided by this
provision is afforded until
expiration or termination of
this policy, whichever occurs
earlier.
The coverage provided by this
provision does not apply to
any business entity described
in d. above that qualifies as an
insured under any other
automobile liability policy
issued to that business entity
as a named insured or would
have been an insured except
for the exhaustion of the
policy limits or the insolvency
of the insurer.
The coverage provided by this
provision does not apply to
"bodily injury" nor "property
damage" arising from an
accident that occurred prior to
your acquiring or forming the
business entity described in d.
above.
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4. EMPLOYEES AS INSUREDS
The following is added to the SECTION II -
LIABILITY COVERAGE, Paragraph 1. Who
Is An Insured provision:
e. Any employee of yours is an
"insured" while using a covered
"auto" you do not own, hire or
borrow in your business or your
personal affairs.
5. SUPPLEMENTARY PAYMENTS
The following amends SECTION II -
LIABILITY COVERAGE, Paragraph 2.
Coverage Extensions provision:
Paragraph (2) is replaced by the following:
(2) Up to $2500 for cost of bail bonds
(including bonds for related traffic
law violations) required because
of an "accident" we cover. We do
not have to furnish these bonds.
Paragraph (4) is replaced by the following:
(4) All reasonable expenses incurred
by the "insured" at our request,
including actual loss of earnings
up to $500 a day because of time
off from work.
6. AMENDED FELLOW EMPLOYEE
EXCLUSION
The following is added to the SECTION II -
LIABILITY COVERAGE, B. Exclusions
Paragraph 5. Fellow Employee exclusion:
This exclusion does not apply if the
"bodily injury" arises from the use of a
covered "auto" you own or hire. This
coverage is excess over any other
collectible insurance
SECTION III - PHYSICAL DAMAGE
COVERAGE.
7. EXPENSE OF RETURNING A STOLEN
"AUTO" and SIGN COVERAGE
The following is added to SECTION III -
PHYSICAL DAMAGE COVERAGE, A.1.
COVERAGE:
d. Expense Of Returning A Stolen
"Auto"
We will pay for the expense of
returning a covered "auto" to you.
e. Sign Coverage
We will pay for loss to signs,
murals, paintings or graphics,
as part of equipment, which are
displayed on a covered "auto".
The most we will pay for "loss" in
any one "accident" is the lesser
of:
1. The actual cash value of
the property as of the
time of the "loss"; or
2. The cost of repairing or
replacing the damaged or
stolen property with other
property of like kind and
quality; or
3. $2,000.
8. GLASS BREAKAGE DEDUCTIBLE
The following is added to SECTION III -
PHYSICAL DAMAGE COVERAGE, A.
COVERAGE paragraph 3. Glass Breakage -
Hitting a Bird or Animal - Falling Objects
or Missiles:
Any deductible shown in the
Declarations as applicable to the
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covered "auto" will not apply to glass
breakage if such glass is repaired,
rather than replaced.
9. TRANSPORTATION EXPENSE
Paragraph 4. Coverage Extension. of
SECTION III - PHYSICAL DAMAGE
COVERAGE, A. COVERAGE is replaced
with the following:
4. Coverage Extension
We will pay up to $50 per day to a
maximum of $1500 for temporary
transportation expense incurred
by you because of the total theft of
a covered "auto" of the private
passenger type. We will pay only
for those covered "autos" for
which you carry either
Comprehensive or Specified
Causes of Loss Coverage. We will
pay for temporary transportation
expenses incurred during the
period beginning 24 hours after
the theft and ending, regardless of
the policy s expiration, when the
covered "auto" is returned to use
or we pay for its "loss".
10. HIRED AUTO PHYSICAL DAMAGE
The following is added to SECTION III -
PHYSICAL DAMAGE COVERAGE, A.
COVERAGE:
5. Hired Auto Physical Damage
If hired "autos" are covered
"autos" for Liability Coverage and
if Physical Damage Coverage of
Comprehensive, Specified Causes
of Loss, or Collision is provided
under this Coverage Form for any
"auto" you own, then the Physical
Damage Coverage(s) provided is
extended to "autos" you hire
without a driver or your employee
hires, without a driver, at your
direction, for the purpose of
conducting your business, for a
period of 30 days or less, of like
kind and use as the "autos" you
own, subject to the following:
The most we will pay for any one
loss is the lesser of the following:
a. $50,000 per accident, or
b. cash value, or
c. the cost of repair,
minus the deductible equal to the
lowest deductible applicable to
any owned "auto" for that
coverage. Any deductible shown
in the Declarations does not apply
to "loss" caused by fire or
lightning. Subject to the limit and
deductible stated above, we will
provide coverage equal to the
broadest coverage provided to
any covered "auto" you own, that
is applicable to the loss.
If the loss arises from an accident
for which you are legally liable
and the lessor incurs an actual
financial loss from that accident,
we will cover the lessor s actual
financial loss of use of the hired
"auto" for a period of up to seven
consecutive days from the date of
the accident, subject to a limit of
$1,000 per accident.
11. AUDIO, VISUAL AND DATA
ELECTRONIC EQUIPMENT COVERAGE
The following is added to SECTION III -
PHYSICAL DAMAGE COVERAGE, A.
COVERAGE:
6. Audio, Visual and Data Electronic
Equipment Coverage
We will pay for "loss" to any
electronic equipment that receives
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or transmits audio, visual or data
signals and that is not designed
solely for the reproduction of
sound. This coverage applies
only if the equipment is
permanently installed in the
covered "auto" at the time of the
"loss" or the equipment is
removable from a housing unit
which is permanently installed in
the covered auto at the time of
the "loss", and such equipment is
designed to be solely operated by
use of the power from the "auto s"
electrical system, in or upon the
covered "auto", including its
antennas and other accessories.
However , this does not include
tapes, records or discs.
The exclusions that apply to
PHYSICAL DAMAGE COVERAGE,
except for the exclusion relating to
Audio, Visual and Data Electronic
Equipment, also apply to coverage
provided herein. In addition, the
following exclusions apply:
We will not pay , under this
coverage, for either any electronic
equipment or accessories used
with such electronic equipment
that is:
1. Necessary for the normal
operation of the covered
"auto" or the monitoring of
the covered "auto s"
operating system; or
2. Both:
a. An integral part of the
same unit housing any
sound reproducing
equipment designed
solely for the
reproduction of sound if
the sound reproducing
equipment is permanently
installed in the covered
"auto", and
b. Permanently installed
in the opening of the dash
or console normally used
by the manufacturer for
the installation of a radio.
With respect to coverage herein,
the LIMIT OF INSURANCE
provision of PHYSICAL DAMAGE
COVERAGE is replaced by the
following:
1. The most we will pay for all
"loss" to audio, visual or data
electronic equipment and any
accessories used with this
equipment as a result of any
one "accident" is the lesser of
a. The actual cash value of
the damaged or stolen
property as of the time of
the "loss"; or
b. The cost of repairing or
replacing the damaged or
stolen property with other
property of like kind and
quality; or
c. $500.
2. An adjustment for
depreciation and physical
condition will be made in
determining actual cash value
at the time of the "loss".
3. Deductibles applicable to
PHYSICAL DAMAGE
COVERAGE, do not apply
to this Audio, Visual and Data
Electronic Equipment
Coverage.
If there is other coverage provided
by this policy for audio, visual and
data electronic equipment, the
coverage provided herein is
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excess. However, you may elect
to apply the limit or any portion
thereof of coverage provided
herein to pay any deductible that
is applicable under the provisions
of the other coverage.
12. RENTAL REIMBURSEMENT and
MATERIAL TRANSFER EXPENSE
The following is added to SECTION III -
PHYSICAL DAMAGE COVERAGE, A.
COVERAGE:
7. Rental Reimbursement and
Material Transfer Expense
This coverage provides only those
Physical Damage Coverages
where a premium is shown in the
Declarations. It applies only to a
covered "auto" described or
designated to which the Physical
Damage Coverages apply.
We will pay for auto rental
expenses and the expenses,
incurred by you because of "loss"
to a covered "auto", to remove
and transfer your materials and
equipment from the covered
"auto" . Payment applies in
addition to the otherwise
applicable amount of each
coverage you have on a covered
"auto". No deductibles apply to
this coverage.
We will pay only for those auto
rental expenses incurred during
the policy period beginning 24
hours after the "loss" and ending,
regardless of the policy s
expiration, with the lesser of the
following number of days:
1. The number of days
reasonably required to
repair or replace the
covered"auto". If loss is
caused by theft, this
number of days is added
to the number of days it
takes to locate the covered
"auto" and transport it to a
repair shop.
2. 60 days.
Our payment is limited to the
lesser of the following amounts:
1. Necessary and actual
expenses incurred,
including loss of use.
2. $3000.
This auto rental expense coverage
does not apply while there are
spare or reserve "autos" available
to you for your operations.
If "loss" results from the total theft
of a covered "auto" of the private
passenger type, we will pay under
this coverage only that amount of
your rental reimbursement
expenses which is not already
provided for under the SECTION
III - PHYSICAL DAMAGE
COVERAGE, A. 4. Coverage
Extension.
13. AIRBAG COVERAGE
The following is added to SECTION III -
PHYSICAL DAMAGE COVERAGE, B.
Exclusions, paragraph 3.
The portion of this exclusion relating to
mechanical or electrical breakdown does
not apply to the accidental discharge of an
airbag. This coverage is excess of other
collectible insurance or warranty. No
deductible applies to this Airbag
Coverage.
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14. AUTO LOAN PHYSICAL DAMAGE
EXTENSION
The following is added to SECTION III -
PHYSICAL DAMAGE COVERAGE, C. Limit
Of Insurance provision:
When a "loss" results in a total loss to a
covered auto you own for which a Loss
Payee is designated in this policy, the
most we will pay for "loss" in any one
"accident" is the greater of:
1. The actual cash value of the
damaged or stolen property as of
the time of the "loss"; or
2. The outstanding balance of the
initial loan, less any amounts for
taxes, overdue payments, overdue
payment charges, penalties,
interest , any charges for early
termination of the loan, costs for
Credit Life Insurance, Health,
Accident or Disability Insurance
purchased with the loan, and
carry-over balances from previous
loans.
15. AUTO LEASE PHYSICAL DAMAGE
EXTENSION
The following is added to SECTION III -
PHYSICAL DAMAGE COVERAGE, C. Limit
Of Insurance provision:
If, because of damage, destruction or theft
of a covered "auto", which is a long-term
leased "auto", the lease agreement
between you and the lessor is terminated,
"we" will pay the difference between the
amount paid under paragraph C. LIMIT OF
INSURANCE 1. or 2. and the amount due
at the time of "loss" under the terms of
the lease agreement applicable to the
leased "auto" which you are required to
pay: less any fees to dispose of the auto;
any overdue payments; financial penalties
imposed under a lease for excessive use,
abnormal wear and tear or high mileage;
security deposits not refunded by the
lessor; cost for extended warranties,
Credit Life Insurance, Health, Accident or
Disability Insurance purchased with the
loan; and carry over balances from
previous leases.
This coverage applies only to the initial
lease for the covered "auto" which has not
previously been leased. This coverage is
excess over all other collectible
insurance.
SECTION IV - CONDITIONS
16. DUTIES IN THE EVENT OF ACCIDENT,
CLAIM, SUIT OR LOSS
The following is added to SECTION IV -
BUSINESS AUTO CONDITIONS, A. Loss
Conditions, 2. Duties In The Event Of
Accident, Claim, Suit Or Loss:
d. Knowledge of any "accident",
claim, "suit" or "loss" will be
deemed knowledge by you when
notice of such "accident",
claim, "suit" or "loss" has been
received by:
(1) You, if you are an individual;
(2) Any partner or insurance
manager if you are a
partnership; or
(3) An executive officer or
insurance manager if you are
a corporation.
17. BLANKET WAIVER OF SUBROGATION
Paragraph 5. Transfer Of Rights Of
Recovery Against Others To Us, SECTION
IV - BUSINESS AUTO CONDITIONS, A.
Loss Conditions is replaced by the
following:
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5. Transfer Of Rights Of Recovery
Against Others To Us
If any person or organization to or
for whom we make payment
under this Coverage Form has
rights to recover damages from
another, which have not been
waived through the execution of
an "insured contract", written
agreement, or permit, prior to the
"accident" or "loss" giving rise to
the payment, those rights to
recover damages from another
are transferred to us. That person
or organization must do
everything necessary to secure
our rights and must do nothing
after the "accident" or "loss" to
impair them.
18. UNINTENTIONAL FAILURE TO
DISCLOSE INFORMATION
The following is added to SECTION IV
BUSINESS AUTO CONDITIONS. B.
General Conditions, paragraph 2.
Concealment, Misrepresentation Or Fraud:
Your unintentional error in disclosing,
or failure to disclose, any material fact
existing after the effective date of this
Coverage Form shall not prejudice
your rights under this Coverage Form.
However, this provision does not affect
our right to collect additional premium
or exercise our right of cancellation or
nonrenewal.
19. HIRED AUTO - WORLDWIDE
COVERAGE
The following is added to SECTION IV -
Business Auto Conditions, B. General
Conditions, paragraph 7. Policy Period,
Coverage Territory provision:
e. Outside the coverage territory
described in a., b., c., and d.
above for an "accident" or "loss"
resulting from the use of a
covered "auto" you hire, without a
driver, or your employee hires
without a driver, at your direction,
for the purpose of conducting your
business, for a period of 30 days
or less, provided the suit is
brought within The United States
of America or its territories or
possessions.
SECTION V - DEFINITIONS
20. MENTAL ANGUISH
Paragraph C. "Bodily injury", SECTION V -
DEFINITIONS is replaced by the following:
C. "Bodily injury" means bodily injury,
sickness or disease sustained by a
person including death or mental
anguish resulting from any of these.
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
OTHER INSURANCE - NON-CONTRIBUTORY
BLANKET ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:
COMMERCIAL LIABILITY UMBRELLA COVERAGE PART
The following is added to SECTION IV -
CONDITIONS, 5. Other Insurance:
Other Insurance - Non-Contributory
If you agree in a written contract,
agreement, or written permit that a person
organization be included as an Additional
under "underlying insurance" for a loss we
we will not seek contribution from any
insurance available to that Additional
which covers the Additional Insured as a
(1) For the sole negligence of the Additional
Insured; or
This insurance is excess over any other insurance
available to the Additional Insured under which the
Additional Insured on our policy is also covered as
an Additional Insured. This condition does not apply
to any policy under which the Additional Insured is
a Named Insured where our policy and the policy
listed in the schedule of "underlying insurance" are
required by written contract, written agreement or
written permit to provide coverage to the Additional
Insured on a primary and non-contributory basis.
ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. (2) When the Additional Insured is an Additional
Insured under another liability policy.
or
Insured
cover,
other
Insured
written
Insured except:
Named
473-2106 10 16 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1 244
AWFH777635 5701335
BLANKET AS REQUIRED BY
CONTRACT, AGREEMENT OR PERMIT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1
DESIGNATED INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Endorsement Effective: Countersigned By:
Named Insured:
(Authorized Representative)
SCHEDULE
Name of Person(s) or Organization(s):
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. 245
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BP 04 97 07 02 Copyright, ISO Properties, Inc., 2001 Page 1 of 1
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
SCHEDULE*
Name Of Person Or Organization:
* Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations.
Paragraph K. Transfer Of Rights Of Recovery
Against Others To Us in Section III - Common Policy Conditions is amended by the addition of the following:
We waive any right of recovery we may have
against the person or organization shown in the
Schedule above because of payments we make for
injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the
"products-completed operations hazard". This
waiver applies only to the person or organization
shown in the Schedule above.
BLANKET AS REQUIRED BY CONTRACT, AGREEMENT OR PERMIT
OBFH777636
246
AWFH777635 5701335
CALIFORNIA CHANGES
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CA 01 43 05 07 Copyright, ISO Properties, Inc., 2006 Page 1 of 2 For a covered "auto" licensed or principally garaged in or "garage operations" conducted in California this endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
A. The term "spouse" is replaced by the following:
Spouse or registered domestic partner under
California law.
B. The following are added to the Other Insurance
Condition in the Business Auto and Garage
Coverage Forms and the Other Insurance -
Primary And Excess Insurance Provisions in the
Motor Carrier and Truckers Coverage Forms
and supersede any provisions to the contrary:
1. When this Coverage Form and any other
Coverage Form or policy providing liability
coverage apply to an "auto" and:
a. One provides coverage to a Named
Insured engaged in the business of
selling, repairing, servicing, delivering,
testing or road-testing "autos", and
b. The other provides coverage to a person
not engaged in that business, and
c. At the time of an "accident", a person
described in Paragraph 1.b. is operating
an "auto" owned by the business
described in Paragraph 1.a., then that
person's liability coverage is primary and
the Coverage Form issued to a business
described in Paragraph 1.a. is excess
over any coverage available to that
person.
2. When this Coverage Form and any other
Coverage Form or policy providing liability
coverage apply to an "auto" and:
a. One provides coverage to a Named
Insured engaged in the business of
selling, repairing, servicing, delivering,
testing or road-testing "autos", and
b. The other provides coverage to a person
not engaged in that business, and
c. At the time of an "accident" an "insured"
under the Coverage Form described in
Paragraph 2.a. is operating an "auto"
owned by a person described in
Paragraph 2.b., then the Coverage Form
issued to the business described in
Paragraph 2.a. is primary and the liability
coverage issued to a person described in
Paragraph 2.b. is excess over any
coverage available to the business.
3. When this Coverage Form and any other
Coverage Form or policy providing liability
coverage apply to a "commercial vehicle"
and:
a. One provides coverage to a Named
Insured, who in the course of business,
rents or leases "commercial vehicles"
without operators, and
b. The other provides coverage to a person
other than as described in Paragraph 3.a.,
and
c. At the time of an "accident", a person
who is not the Named Insured of the
policy described in Paragraph 3.a., and
who is not the agent or "employee" of
such Named Insured is operating a
"commercial vehicle" provided by the
business covered by the Coverage Form
or policy described in Paragraph 3.a.,
then the liability coverage provided by the
Coverage Form or policy described in
Paragraph 3.b. is primary, and the liability
coverage provided by the Coverage Form
or policy described in Paragraph 3.a. is
excess over any coverage available to
that person.
247