Agenda packet — Santa Monica City Council, January 28, 2025 (part 1 of 6)

City of Santa Monica
City Council Meeting
AGENDA

LANA NEGRETE
MAYOR

ELLIS RASKIN CAROLINE TOROSIS

COUNCILMEMBER MAYOR PRO TEM

DAN HALL BARRY SNELL

COUNCILMEMBER COUNCILMEMBER

JESSE ZWICK NATALYA ZERNITSKAYA

COUNCILMEMBER COUNCILMEMBER

DAVID WHITE

CITY MANAGER

DOUGLAS SLOAN

CITY ATTORNEY

NIKIMA NEWSOME

CITY CLERK

STANDARDS OF BEHAVIOR THAT PROMOTE CIVILITY AT ALL PUBLIC MEETINGS:
• Treat everyone courteously; • Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive
public process, and tools for forging sound decisions
• Hate has no place in Santa Monica. The City opposes
abusive or threatening hate speech, intolerance, or
dehumanization, and supports basic civil respect and
human decency.
• Listen to others respectfully;
• Exercise self-control;
• Give open-minded consideration
to all viewpoints;
• Focus on the issues and avoid
personalizing debate;
Regular meetings are broadcast live on CityTV cable channel 16 and on the internet at santamonica.gov. Cable television re-broadcasts air on Thursday and Saturday at 11:30 AM. The agenda will air on CityTV on Saturday and Sunday at 11:00 AM and 6:00 PM, and on Monday and Tuesday at 12:30 PM and 6:00 PM.

City of Santa Monica Generated: 1/29/2025 11:36 AM Page 2

RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS (Resolution No.11630(CCS))

WAYS TO PROVIDE PUBLIC COMMENT
If you are interested in providing public comment at a City Council meeting, there are several ways to participate:
(1) Written public comment. In lieu of oral public comment, the public is strongly encouraged to submit written public comment on agenda items via email to [email protected]. Written public comment submitted by 12:00 pm on the day of the meeting will be available for online viewing. Please note the agenda item number in the subject line of your written comments. (2) Oral public comment. Persons wishing to address the City Council regarding items on the agenda must be present and submit their name and address (optional) to the City Clerk before the public comment section is opened for that item or before the public hearing is opened where one is required by law. Register to speak at the Speaker Kiosk prior to the meeting. Remarks from the public are limited to a total of 6 minutes per City Council meeting, with a maximum of 2 minutes and a minimum of one minute per item. Except for the author of the request, public comment on 15-items are limited to 1 minute. Except on Public Input, speakers appearing at the meeting in person, may donate 2 minutes to another person present in-person at the meeting, who may speak for a total of 4 minutes on that item.

Both the donor of time and the designated speaker must register at the Speaker Kiosk in person together.

Oral public comment from any one individual is limited to a total of 6 minutes per City Council meeting, with a maximum of 2 minutes per agenda item; under some circumstances, Council may change the maximum to 1 minute per agenda item.

Levine Act Disclosure. Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $500 made by the party or the party's agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made. Information regarding the Levine Act can be found here or you can contact the FPPC.

ORDER OF BUSINESS (may not be changed except by majority vote of the City Council.)

1. General Public Input
(members of the public may address the City Council
only on items not on the agenda, but within the
subject matter jurisdiction of the City).

2. Public Comment for Closed Session, Special
Agenda, and Consent Calendar Items Only
(Commendations and Proclamations presented).

3. Special Agenda Items (City Manager’s Report,
Presentations, etc.).

4. Closed Session.

5. Consent Calendar (All items considered in one
motion unless removed by a City Councilmember for
discussion. Public comment shall be heard prior
to City Council discussion).

6. Public Comment on remaining Agenda Items

7. Study Session.

8. Continued Items.

9. Administrative Proceedings.

10. Ordinances:
• 1
st Reading
• 2
nd Reading

11. Staff Administrative Item.

12. Public Hearings.

13. Reports of Boards and Commissions.

14. Resolutions.

15. Written Communications (other than
Reports of Commission and Officers).

16. Councilmember Discussion Items.

Agendas and reports are accessible on the City's webpage at smgov.net/council/agendas. They are also available at the City Clerk's Office and in alternate formats upon request. For a free email subscription to the City Council Agendas, please contact the City Clerk’s Office at (310) 458-8211 or [email protected].

Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo.

City of Santa Monica Generated: 1/29/2025 11:36 AM Page 3

AGENDAS

CITY OF SANTA MONICA

REGULAR MEETING

CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, JANUARY 28, 2025
MEETING BEGINS AT 5:30 PM
HOW TO PROVIDE WRITTEN PUBLIC COMMENT:

Written public comment can be submitted via email to [email protected].

Written comments received prior to 12:00 pm on the day of the meeting will be available online. Please note the agenda item number in the subject line of your written comments.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL
City of Santa Monica Statement of Accountability (Land Acknowledgement) The City of Santa Monica is located on the land of Tovangaar. With great respect, the City acknowledges the Gabrieleño/Tongva as the First People of this ancestral and unceded territory of Kuruvungna, a village that we know as Santa Monica. We honor their elders, past and present, and the Gabrieleño descendants who are part of the Gabrieleño /Tongva tribes.

We recognize that these peoples are still here, and as settlers and kuyam (guests), we recognize our responsibility and obligation to care for their land in partnership with them.

The City of Santa Monica commits to work in partnership with the Gabrieleño/Tongva people to uplift their voices and visibility on their ancestral land.

1. PUBLIC INPUT
(Public comment is permitted only on items not on the agenda that are within the subject matter jurisdiction of the City. State law prohibits the City Council from taking any action on items not listed on the agenda, including issues raised under this agenda item.)

1.A. Written Comments

2. PUBLIC INPUT (AGENDA ITEMS UNDER CLOSED SESSION, SPECIAL AGENDA

ITEMS, CONSENT CALENDAR ONLY)
City of Santa Monica Generated: 1/29/2025 11:36 AM Page 4

3. SPECIAL AGENDA ITEMS

3.A. Proclamation: Black History Month

3.B. City Manager Report

4. CLOSED SESSIONS

4.A. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1):

Stanford Neighbors Against City Overreach v. City, et al; LASC # 24STCP02065

4.B. Conference with real estate negotiator - Gov. Code § 54956.8; property - 1855 Main Street (Civic Auditorium) (APN 4290-013-901); City negotiators: Jennifer Taylor, Economic Development Manager, and Nia Tang, Economic Development Administrator; owner of record: City of Santa Monica; parties to be negotiated with: Tim Sexton, Revitalization Partner Group, LLC; under negotiation: price and terms of payment for lease

4.C. Public employee appointment - Gov. Code § 54957(b): consider public employee appointment; title: City Manager/Interim City Manager; Gov. Code § 54957.6: conference with labor negotiator; City negotiator: Mayor/Personnel Director; unrepresented employee: City Manager/Interim City Manager

4.D. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1):

Rebecca de la Cruz v. City; LASC # 20STCV01487 [report out only]

4.E. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1):

Maria Gonzalez v. City, et al; LASC # 23SMCV01759 [report out only]

4.F. PUBLIC EMPLOYEE - Government Code Section 54957(b): Consider the evaluation of performance of a public employee. Title: City Clerk The following is the order of business for items to be heard no earlier than 7:00 p.m.

5. CONSENT CALENDAR
(All items will be considered and approved in one motion unless removed by a Councilmember for discussion. In accordance with Charter section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present dissents. No public discussion is permitted on ordinances for second reading and adoption.)

5.A. Approval of the City of Santa Monica Legislative Platforms for the 2025-2026 Federal and State Legislative Sessions
Recommended Action
Staff recommends that the City Council:

1. Approve the attached 2025-26 Federal and State Legislative Platform Drafts; and
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2. Adopt a finding that the action above does not constitute a project subject to the California Environmental Quality Act (CEQA).

5.B. Approval of Annual Reporting of Development Impact Fees and Adoption of Resolution Making Five-Year Findings as to the Affordable Housing Commercial Linkage Fee and Parks and Recreation Development Impact Fee Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;

2. Review and accept the FY 2023-24 Annual Reporting of Development Impact Fees per the Mitigation Fee Act (Government Code 66000-66025) and the FY 2023-24 Child Care Linkage Fee Report per SMMC Chapter 9.65; and

3. Approve and adopt the proposed resolution (Attachment B) making the necessary five-year findings for the Affordable Housing Commercial Linkage Fee and the Parks and Recreation Development Impact Fee.

5.C. Award Request for Proposal to Community Arts Resources (CARS) to Manage Arts Program at Santa Monica Airport
Recommended Action
Staff recommends that City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;

2. Award RFP #143 to Community Arts Resources (CARS), a Los Angelesbased company, to manage the arts program at the Santa Monica Airport for the Recreation and Arts Department; and

3. Authorize the City Manager to negotiate and execute an agreement with CARS, in an amount not to exceed $250,000 per year (including a $50,000 contingency) (for one year, with four additional one-year renewal option(s) in the amount of $250,000 on the same terms and conditions) for a total amount not to exceed $1,250,000 over a 5-year period with future funding contingent on Council budget approval.

5.D. Award Construction Contract to Doty Bros. Equipment Company for Pier Electrical Utility Relocation
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemptions pursuant to Sections 15301, 15302, 15303, and 15311 of the California Environmental Quality Act (CEQA) Guidelines and find that the project was previously analyzed in the certified Santa Monica Pier Bridge Replacement Project Recirculated Environmental Impact Report/Environmental Assessment in accordance with CEQA; and City of Santa Monica Generated: 1/29/2025 11:36 AM Page 6

2. Award Bid #SP2741 to Doty Bros. Equipment Company for construction services for the Pier Electrical Utility Relocation Project for the Public Works Department;

3. Authorize the City Manager to negotiate and execute a contract with Doty Bros. Equipment Company in an amount not to exceed $1,526,929 (including a 10% contingency).

5.E. Award Proposal and Enter into Agreement with Illuminating SOL Therapy Inc. for LEAD Program Master of Social Work Consultation Services Recommended Action
Staff recommends that the City Council:

1. Adopt a finding that the agreement is not a “project” subject to the California Environmental Quality Act (CEQA).

2. Award RFP# 412 to Illuminating SOL Therapy Inc. for Master of Social Work Consultation Services for the LEAD Program for the Police Department; and

3. Authorize the City Manager to negotiate and execute an agreement with Illuminating SOL Therapy Inc. in an amount not to exceed $250,000 over a five-year period, with future year funding contingent on Council budget approval.

5.F. Approval of Second Modification to the Agreement with Safeguard US Inc. for Fall Protection Services
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities), of the California Environmental Quality Act (CEQA) Guideline; and

2. Authorize the City Manager to negotiate and execute a second modification to agreement #11149 in the amount of $1,524,350 (including a 15% contingency) with Safeguard US, Inc. to provide fall protection infrastructure in response to the findings of a fall hazard locations report conducted as part of the City’s Risk Management program. This will result in a five-year amended agreement with a new total amount not to exceed $3,455,307 for Phase III, with future year funding contingent on Council budget approval.

5.G. Approval of Seventh Modification with WSP USA Environment & Infrastructure, Inc. to Provide Additional Scope of Work to the Memorial Park Redevelopment and Expansion Project
Recommended Action
Staff recommends that City Council:

1. Adopt a finding that the modification to the agreement is not a “project” subject to the California Environmental Quality Act (CEQA); and

2. Authorize the City Manager to negotiate and execute a seventh modification to agreement #9910 (CCS) in the amount not to exceed $53,700 (including a 10% contingency) with WSP USA Environment & Infrastructure, Inc. for additional environmental consulting services related to the Memorial Park Redevelopment and Expansion Project. This will result in an amended City of Santa Monica Generated: 1/29/2025 11:36 AM Page 7 agreement with a new total amount not to exceed $202,700, with future year funding contingent on Council budget approval.

5.H. Award Contract to Western States Converters and Transmissions, Inc. for Transit Bus Allison Transmission Repairs
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines;

2. Award Bid #4492 to Western States Converters & Transmissions, Inc. to provide parts and repairs for transit bus Allison transmission systems for the Department of Transportation; and

3. Authorize the City Manager to negotiate and execute an agreement with Western States Converters & Transmissions, Inc., in an amount not to exceed $902,500 over a five-year period, with future year funding contingent on Council budget approval.

5.I. Adoption of a Resolution Approving Final Tract Map No. 80306 for a 21-Unit Condominium Mixed-Use Project at 1448 7th Street
Recommended Action
Staff recommends that the City Council take following actions:

1. Adopt a finding of Statutory Exemption (Approval of Final Subdivision Map) pursuant to Section 15268 of the California Environmental Quality Act (CEQA); and

2. Adopt the attached resolution approving Final Tract Map No. 80306.

5.J. Approval of purchase agreement to purchase thirty-five (35) cemetery plots back from the Independent Order of Odd Fellows
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality
Act (CEQA) guidelines;

2. Authorize the City Manager to negotiate and execute a purchase and sale agreement with the Independent Order of Oddfellows, in an amount not to exceed $175,000 for the purchase of thirty-five (35) cemetery burial plots; and

3. Authorize budget amendment as outlined in the Financial Impacts & Budget Actions section of this report (requires 5 votes).

5.K. Approval of Purchase Order to Lombiq Technologies Ltd. for Emergency Website Development Services
Recommended Action
Staff recommends that the City Council:

City of Santa Monica Generated: 1/29/2025 11:36 AM Page 8

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;

2. Acknowledge the Procurement Manager’s authority to approve and issue a one-time emergency purchase order with Lombiq Technologies Ltd. for emergency website development services for the Information Services Department. This purchase order was approved as an exception to the competitive bidding process pursuant to Santa Monica Municipal Code Section 2.24.250(i) and was for a total amount not to exceed $6,625.

5.L. Second Reading and Adoption of an Interim Zoning Ordinance Amending Interim Zoning Regulations Established by Interim Zoning Ordinance 2764 (CCS) and Extended by Interim Zoning Ordinance 2770 (CCS) to Extend the Operating Hours for the City’s Existing Cannabis Retailers Consistent with State Law
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

5.M. City Council - Regular Meeting - May 14, 2024 5:30 PM

5.N. City Council - Regular Meeting - Dec 10, 2024 5:30 PM

5.O. City Council - Special Meeting - Dec 23, 2024 8:30 AM

5.P. City Council - Special Meeting - Jan 10, 2025 2:30 PM

5.Q. City Council - Special Meeting - Jan 21, 2025 5:30 PM

5.R. City Council - Regular and Special Meeting - Dec 17, 2024 5:30 PM

5.S. Adoption of a Resolution Adopting a Policy Regarding Acceptance of Gifts by Councilmembers
Recommended Action
Staff recommends the City Council adopt the Resolution adopting a policy regarding acceptance of gifts by Councilmembers.

5.T. Approval of Agreement for Service as Interim City Manager – Elaine Polachek Recommended Action
Staff recommends that the City Council

1. Adopt a finding of no possibility of significant effect pursuant to Section 15601(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;

2. Approve the two agreements with Elaine Polachek for her services as Interim City Manager; and

3. Authorize the Mayor to sign the agreements on behalf of the City.

6. PUBLIC INPUT ON REMAINING AGENDA ITEMS
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7. STUDY SESSION

7.A. Santa Monica Airport Conversion Project (SMACP) Guiding Principles Recommended Action
Staff recommends that the City Council:

1. Adopt the finding that the recommended actions herein do not constitute a project subject to the California Environmental Quality Act (CEQA) and are exempt under CEQA Guidelines Sections 15262, and 15306, and file a notice of exemption pursuant to CEQA Guideline 15062;

2. Hold a study session to review and comment on the five Guiding Principles for vetting and evaluating the feasibility of features, amenities, programs, technical performance requirements, financial strategies, phasing, and planning scenarios related to the closure of the Airport and alternative landuse scenarios post-closure (collectively, “the Santa Monica Airport Conversion Project, or the Project”);

3. Consider the commencement of feasibility analysis for three planning scenarios for the Airport Conversion Project (“Phase 3”), based on the draft Guiding Principles; and

4. Provide direction to staff on how to proceed with respect to Phase 3.

8. CONTINUED ITEMS

8.A. Appointments to Vacant Seats on the Audit Subcommittee (CONTINUED FROM 12/17/2024)

8.B. Designate a Councilmember as a Governing Board Representative to the Westside Cities Council of Governments (COG) and designate an Alternate Governing Board Representative. The Joint Powers Authority and By-laws require each City Council to designate one of its Councilmembers as a Governing Board Representative and one Councilmember as an Alternate Governing Board Representative. (CONTINUED FROM 12/17/2024)

8.C. Designation of City's voting delegate and alternate to Southern California Association of Governments (SCAG) 60th Annual Regional Conference and General Assembly Business Meeting from May 1-2, 2025 at the JW Marriott Desert Springs Resort & Spa in Palm Desert, CA (CONTINUED FROM 12/17/2024)

8.D. Designation of a Councilmember to the Independent Cities Association (CONTINUED FROM 12/17/2024)

8.E. Designation of voting delegate and alternate(s) for the CalCities Annual Conference and Expo, to be held October 8 -10, 2025, in Long Beach, California. (CONTINUED FROM 12/17/2024)

8.F. Appointment to three unscheduled vacancies on the Disabilities Commission for two seat terms ending on June 30, 2025 and one on June 30, 2026. (CONTINUED FROM 1/23/2024 and 3/19/2024)
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8.G. Appointment to one seat on the Transient Occupancy Tax Advisory Committee for a partial-term ending on 6/30/2025. (CONTINUED FROM 5/24/2023)

9. ADMINISTRATIVE PROCEEDINGS
No items

10. ORDINANCES
(Public comment is permitted on ordinances for introduction and first reading. No public discussion is permitted on ordinances for second reading and adoption. In accordance with Charter section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present dissents.)

10.A. Introduction and first reading of an ordinance amending Santa Monica Municipal Code Section 3.36 to establish provisions for the issuance of prohibition orders for the Santa Monica Department of Transportation pursuant to Sections 99171 and 99172 of the Public Utilities Code.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

2. Introduce for first reading an ordinance amending Santa Monica Municipal Code Section 3.36 to establish provisions for the issuance of prohibition orders, and to create a prohibition order advisory committee to the Santa Monica Department of Transportation, pursuant to recent amendments to State Law adopted by SB 1417.

10.B. Introduction and First Reading of an Ordinance Amending Municipal Code Section 2.32.020 Concerning Use of the City Seal and Other City Symbols Recommended Action
Staff recommends the City Council introduce for first reading an Ordinance amending Section 2.32.020 concerning the use of the City Seal and other City symbols.

10.C. (THE ITEM HAS BEEN CONTINUED AT THE REQUEST OF STAFF TO FEBRUARY 11, 2025) -- Introduction and Adoption of an Emergency Interim Zoning Ordinance Extending Interim Zoning Regulations Established by Emergency Interim Zoning Ordinance Number 2796 (CCS) Exempting City Projects From Temporary Use Permit Requirements During a Declared Local or State of Emergency
Recommended Actions
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Sections 15061(b)(3) (Common Sense Exemption) and 15303 (New Construction and Conversion of Small Structures) of the California Environmental Quality Act (CEQA) Guidelines.

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2. Introduce and Adopt an Emergency Interim Zoning Ordinance to Extend Interim Zoning Regulations Established by Emergency Interim Zoning Ordinance 2796 (CCS) Exempting Projects on City-Owned Property and that Use City Funds From Temporary Use Permit Requirements During a Declared Local or State of Emergency

11. STAFF ADMINISTRATIVE ITEMS
No items

12. PUBLIC HEARINGS

12.A. (THE ITEM HAS BEEN CONTINUED AT THE REQUEST OF STAFF TO FEBRUARY 11, 2025) -- Adoption of Amended Safety Element of City’s General Plan; Introduction and First Reading of Ordinances to Require Environmental Site Assessments for Multiple-Unit Dwellings in Nonresidential Zoning Districts and to Designate City Hall East as an Essential Facility for Consistency with the Amended Safety Element
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) and a finding of Categorical Exemption pursuant to Section 15308 of the California Environmental Quality Act (CEQA) Guidelines;

2. Adopt Resolution to Adopt an Amended Safety Element of the City’s General Plan;

3. Introduce for First Reading an Ordinance Amending the Text of Section

9.31.195 of the Zoning Ordinance for Consistency with the Amended Safety Element; and

4. Introduce for First Reading an Ordinance Amending the Text of Section

8.12.040 of the Building Code for Consistency with the Amended Safety Element.

13. REPORTS OF BOARDS AND COMMISSIONS
No items

14. RESOLUTIONS

14.A. Adoption of a Resolution Amending the Council Rules of Procedure Recommended Action
Adopt the attached resolution amending the Council Rules of Procedure pursuant to Council direction.

15. WRITTEN COMMUNICATIONS OTHER THAN REPORTS OF COMMISSION AND

OFFICERS
No items
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16. COUNCILMEMBER DISCUSSION ITEMS

16.A. Appointment to one unscheduled vacancy on the Human Services Commission for a term ending on June 30, 2027.

16.B. Appointment to one unscheduled vacancy on the Personnel Board for a term ending on June 30, 2026.

16.C. Appointment to one unscheduled vacancy on the Public Safety Reform and Oversight Commission for a term ending on June 30, 2027.

16.D. Appointment to one unscheduled vacancy on the Recreation and Parks Commission for a term ending on June 30, 2026.

16.E. Appointment to one unscheduled vacancy on the Santa Monica Pier Corporation for a term ending on June 30, 2026.

16.F. Appointment to one unscheduled vacancy on the Santa Monica Travel and Tourism, Inc. for a term ending on June 30, 2026.

16.G. Appointment to one unscheduled vacancy on the Transient Occupancy Tax Advisory Committee for a term ending on June 30, 2025.

16.H. Recommendation to accept Greg Morena's resignation from the Recreation and Parks Commission and authorize the City Clerk to publish the vacancy.

16.I. Designation of voting delegate and alternate for the Los Angeles County Division of CalCities.

16.J. Request of Councilmembers Hall and Snell for Council to direct the City Attorney to return with an ordinance codifying resident representation for Council appointees to the governing boards of Downtown Santa Monica, Inc., Santa Monica Travel and Tourism, Inc., and the Santa Monica Pier Corporation, Inc.

16.K. Request of Councilmembers Hall, Snell, and Mayor Pro Tempore Torosis for Council to direct the City Attorney to return with an ordinance that amends Santa Monica Municipal Code Section 4.08.095 prohibiting certain comfort items for unhoused individuals.

City of Santa Monica Generated: 1/29/2025 11:36 AM Page 13

16.L. Request of Councilmembers Zwick and Hall that the City Council direct the City Manager to work with the Chief of Police to prioritize the deterrence of dangerous driving within Santa Monica that poses an immediate threat to the safety of residents. Specifically, the department shall 1) prioritize a greater number of high-visibility enforcement operations against dangerous driving, 2) provide data reporting to City Council and the public on an ongoing quarterly basis detailing the monthly total number of Traffic/Vehicle Stops and enforcement actions, including subtotals for each moving violation, as well as a comprehensive breakdown of data and trends in city traffic enforcement from 2019 through 2024 as part of the department’s annual report to City Council, and 3) develop a proposal as part of the 25/26 budget process to restore the department’s traffic enforcement capabilities and outcomes to pre2020 levels.

16.M. Request of Councilmember Hall and Mayor Pro Tempore Torosis, that, in order to accurately capture lessons learned during the City’s response to the Palisades Fire and to better prepare for the next natural disaster or emergency crisis, the Council direct the City Manager, City Attorney, and City Clerk’s Offices to conduct an After Action Review across all City Departments and to return to Council no later than 12 months from now with a public report, improvement action items, and implementation plan.

16.N. Request of Councilmembers Zwick, Zernitskaya, and Hall that, in conjunction with necessary updates arising out of SB 450, and in order to facilitate diverse housing choices in the City’s highest opportunity areas, the City Council directs the City Manager and the City Attorney to return with an ordinance to amend the City’s regulations governing ministerial approval for certain lot splits and duplexes on parcels zoned for single-unit residential by: (1) removing the owner-occupancy requirement for lot splits and duplexes and clarifying that vacant or demolished parcels, as well as lots with approved demolition permits, are eligible for lot splits and duplexes, (2) allowing one roof deck per unit, and (3) ensuring that no standard within this ordinance or the underlying zoning district shall preclude the construction of 2 units, not including ADUs, of at least 1200 square feet each. One year after implementation, city staff shall return with a report on any impacts of the ordinance, as amended, including data on net new housing units permitted, effects on displacement (if any), concentration of ownership, and other pertinent information to evaluate its success in affirmatively furthering fair housing and creating more affordable “missing middle” homes.

ADJOURNMENT
Agendas and reports are accessible on the City's webpage at www.smgov.net/council/agendas. They are also available at the City Clerk's Office and in alternate formats upon request. For a free email subscription to the City Council Agendas, please contact the City Clerk’s Office at (310) 458-8211 or [email protected].

Members of the public unable to attend a meeting but wishing to comment on an item(s) listed on the agenda may submit written comments prior to the meeting by meeting by mailing them to: City Clerk, 1685 Main Street, Santa Monica, CA 90401 or to City of Santa Monica Generated: 1/29/2025 11:36 AM Page 14 [email protected]. Written comments received from the public by 12 PM on the day of the City Council meeting will be distributed to the City Council prior to the meeting and posted online. Members of the public who submit written public comment on an agenda item may be subject to the Levine Act which requires disclosure of campaign contributions of more than $500 to an officer of the City within the preceding 12 months.

City Hall and the Council Chambers are wheelchair accessible. If you require any special disability related accommodations to either attend or provide public testimony at a Council meeting (i.e. sign language interpreting, access to an amplified sound system, remote option, etc.), please contact the City Clerk’s Office at (310) 458-8211 or TDD: (310) 917- 6626 or via email at [email protected] at least 72 hours prior to the scheduled meeting. Best efforts shall be made to accommodate requests received after the 72-hour deadline. In the case of special meetings, requests should be submitted as early as possible, but no later than noon the day of the special Council meeting.

Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo.

Santa Monica Blue Bus Lines #1, #2, #3, #5, #9 and the EXPO Line serve City Hall.

Parking is available on Main Street, on Olympic Drive, and in the Civic Center Parking Structure (validation free).

City Council
Report
City Council Meeting: January 28, 2025
Agenda Item: 1.A
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Records and Election Services Department Subject: Written Comments
Prepared By: Nikima Newsome, City Clerk
Approved Forwarded to Council
Attachments:

A. Written Comments

1.A
Packet Pg. 15
Item 1
January 28, 2025
Item 1
January 28, 2025

1.A.a
Packet Pg. 16
Attachment: Written Comments [Revision 1] (6878 : Written Comments) 1 David Yakobson
From: michele macintosh <[email protected]>
Sent: Tuesday, January 28, 2025 10:26 AM
To: councilmtgitems; Council Mailbox
Subject: complaint

EXTERNAL
The Utility billing is over charging with random high spikes in bills.

I am filing a complaint and have asked for this to be looked into by utility but have had no explanation Michele Macintosh
Item 1
January 28, 2025
Item 1
January 28, 2025

1.A.a
Packet Pg. 17
Attachment: Written Comments [Revision 1] (6878 : Written Comments) 1 David Yakobson
From: John Alle <[email protected]>
Sent: Monday, January 27, 2025 1:27 PM
To: The Santa Monica Coalition Organizer
Cc: John Alle
Subject: Santa Monica's 3rd Street Promenade

EXTERNAL
This is Garage 6 adjacent to Santa Monica's 3rd Street Promenade at dusk on Saturday. This addict in the lobby facing 2nd Street said he was doing CRYSTAL METH, and offered it to our team for a few dollars, while the security guard WATCHED, LISTENED, and CONTINUED WALKING away. Santa Monica and DTSM, Inc. sign long-term contracts with shady security guard companies for no less than 5 and 7 years, who allow OPEN DRUG USE in the alleyways, parking garage lobbies, elevators and stairways, day and night. Any surprise the City publishes figures stating 86% of residents will NOT park, shop or dine In Downtown Santa Monica? Is there a concerted effort by the City and SMRR to destroy the remaining businesses in its Downtown and Promenade? Land Grab? Lives are at risk.

Insta
https://www.instagram.com/reel/DFV9YWjiJcM/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/fH6tde9ngoc
Item 1
January 28, 2025
Item 1
January 28, 2025

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Attachment: Written Comments [Revision 1] (6878 : Written Comments) 1 David Yakobson
From: James Stang <[email protected]>
Sent: Monday, January 27, 2025 8:33 AM
To: councilmtgitems
Subject: Homeless Friendly
Follow Up Flag: Follow up
Flag Status: Flagged

EXTERNAL
I adamantly oppose any kind of city council action that purports to make the city more homeless friendly.

Sent from my iPhone
Item 1
January 28, 2025
Item 1
January 28, 2025

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Attachment: Written Comments [Revision 1] (6878 : Written Comments) 1 David Yakobson
From: John Alle <[email protected]>
Sent: Saturday, January 25, 2025 10:34 AM
To: The Santa Monica Coalition Organizer
Cc: John Alle
Subject: The People Concern

EXTERNAL
Questions for The People Concern CEO John Maceri, and Santa Monica Mayor Lana Negrete (who now has a seat on the City's Audit Subcommittee): Why are taxpayers funding 100 occupied "beds" inside when only 60 exist, and only half of those are full on a typical night? Allowing addicts in the encampment in front, and 59 others to shoot up every night are a 'middle finger' to Governor Newsom's Executive Order for Cal. cities to follow the US Supreme Court's Grants Pass Decision. Does this warrant bonuses and pay increases for CEO John Maceri and his staff who consciously disregard public safety? The problem grows every year with no accountability. .

Insta
https://www.instagram.com/reel/DFQblVEC72i/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/S10ltPmaUNk
Item 1
January 28, 2025
Item 1
January 28, 2025

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Attachment: Written Comments [Revision 1] (6878 : Written Comments) 2 David Yakobson
From: Nathanael Buckley <[email protected]>
Sent: Saturday, January 25, 2025 1:11 PM
To: councilmtgitems
Subject: Switch SaMo social handlesfrom X to Bluesky

EXTERNAL
X is owned by a public Nazi and is overrun with Bots and misinformation, Bluesky has much better controls and protections built in. Bluesky has a lot of adoption and easy public access. I used it during the fires to get all the necessary information.

Don’t support the Nazi with our city’s business and content, please.

Regards,
Nathanael Buckley
202-413-7554
Item 1
January 28, 2025
Item 1
January 28, 2025

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Attachment: Written Comments [Revision 1] (6878 : Written Comments) 3 David Yakobson
From: John Alle <[email protected]>
Sent: Sunday, January 26, 2025 9:30 AM
To: The Santa Monica Coalition Organizer
Cc: John Alle
Subject: Santa Monica

EXTERNAL
How can a City anywhere in the United States declare a "State of Emergency" 3 years in a row and not achieve any progress? Welcome visitors from around the world to Santa Monica, a city in the top 4% of most dangerous in all of California. A city whose leaders are unable to keep its housed or unhoused residents safe from assault, robbery and property crimes. An example of ultra progressive policies whose leaders, similar to adjacent Los Angeles, have also REDUCED budgets for Fire and Police Protection, and INCREASED allocations for homeless service grants to wasteful non-profits. A City whose Police are called an average of 8 to 10 times daily for reports of crime and overdoses in its 3 Downtown parks, can no longer find its own funds for Public Safety in its General Fund, and must rely on Federal grants for basic technology and equipment upgrades.

Insta
https://www.instagram.com/reel/DFS9Lbxi_uZ/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/-b6TlppZUtM
Item 1
January 28, 2025
Item 1
January 28, 2025

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Attachment: Written Comments [Revision 1] (6878 : Written Comments) City Council
Report
City Council Meeting: January 28, 2025
Agenda Item: 3.A
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Special Agenda Items
Subject: Proclamation: Black History Month
Prepared By: Gilbert Portillo, Administrative Staff Assistant Approved Forwarded to Council

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City Council
Report
City Council Meeting: January 28, 2025
Agenda Item: 3.B
1 of 1
To: Mayor and City Council
From: David White, City Manager, City Manager's Office
Subject: City Manager Report
Prepared By: Sergio Ramirez, Chief of Staff
Approved Forwarded to Council

3.B
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City Council
Report
City Council Meeting: January 28, 2025
Agenda Item: 4.B
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office Subject: Conference with real estate negotiator - Gov. Code § 54956.8; property - 1855 Main Street (Civic Auditorium) (APN 4290-013-901); City negotiators:

Jennifer Taylor, Economic Development Manager, and Nia Tang, Economic Development Administrator; owner of record: City of Santa Monica; parties to be negotiated with: Tim Sexton, Revitalization Partner Group, LLC; under negotiation: price and terms of payment for lease
Prepared By: Esterlina Lugo, Deputy City Clerk
Approved Forwarded to Council
Attachments:

A. Written Comments

4.B
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1 David Yakobson
From: Save the Civic <[email protected]>
Sent: Tuesday, January 28, 2025 9:56 AM
To: councilmtgitems
Subject: City Council 1.28.25 Closed Session Item 4B Civic Auditorium Can't see this message? View in a browser
Save the Civic
To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.

January 28, 2025
Honorable Mayor Negrete, Mayor Pro Tem Torosis, and Council Members,
Save the Civic was formed around one simple idea: publicly owned venues for music and the arts are rare and important and should not be sold off or used for other purposes.

That idea resonated in our community beyond our wildest hopes.

Luminaries like Beach Boy founder Brian Wilson, Door’s drummer John Densmore, Crossroads and New Roads founder Paul Cummins, joined hundreds of Santa Monica residents and business owners to save this precious resource and restore it as a world-class venue; a beacon that would turn downtown into a vital cultural destination.

Item 4-B
January 28, 2025
Item 4-B
January 28, 2025

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Attachment: Written Comments [Revision 1] (6879 : 4.B.Closed Session: Real Estate Negotiator) 2 Finding a credible entity suited to both restoring this historic site, as well as running it as a first-class arena, seemed like an impossible task.

But we did it. The perfect team stepped forward, made up of local entrepreneurs who saw this as a business opportunity as well as a chance to restore something that was so influential in their own lives. We know RPG is the right team because they have a financial AND emotional attachment to this project.

When our City Council voted unanimously to begin negotiations with them, it was a huge win for Santa Monicans. It was also a win for the City, as a world-class Civic would be a huge economic multiplier, revitalizing Main Street and the entire downtown, providing much needed tax revenue.

We urge you not to take that win away from us.

Two key players on the RPG team lost their homes in the Palisades fire.

Another team member is leading FireAid, the massive
concert/fundraising event for fire victims. This has made extending negotiations a necessity.

At a time when residents feel demoralized, both from local disasters and rapid, dramatic changes at the federal level, Santa Monicans could desperately use some good news. We’re so close to being able to give it to them; building something in our city that will make this generation, and future generations, proud.

In time, a restored Civic will be as iconic to Santa Monica as our pier.

We hope you will help make that happen.

Item 4-B
January 28, 2025
Item 4-B
January 28, 2025

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Attachment: Written Comments [Revision 1] (6879 : 4.B.Closed Session: Real Estate Negotiator) 3 Sincerely,

The Save the Civic Steering Committee

If you haven’t already, please visit our website: savethecivic.org and register your contact information so we can notify you with updates or when action is needed.
.
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Item 4-B
January 28, 2025
Item 4-B
January 28, 2025

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Attachment: Written Comments [Revision 1] (6879 : 4.B.Closed Session: Real Estate Negotiator) 1 David Yakobson
From: [email protected]
Sent: Tuesday, January 28, 2025 2:53 PM
To: councilmtgitems; Lana Negrete; Caroline Torosis; Jesse Zwick; Ellis Raskin; Barry Snell; Natalya Zernitskaya; Dan Hall; David White
Subject: City Council - 1/28/25 - Civic Auditorium

EXTERNAL
Dear Members of our City Council,
I would urge the city council and the city’s administrative staff to find an alternative partner for Mr. Tim Sexton other than the Oak View Group and Live Nation. Live Nation is currently being sued by the DOJ and overall public opinion is that the company will be broken up and will likely not be able to fulfill any contract it signs with the city.

From my understanding the Oak View Group is not currently being sued but is also under investigation for its relationship with Live Nation and their uncompetitive practices meant to prevent smaller promoters and venue owners from gaining market share. The city council should also take into account that the Diddy investigation will likely bring more light into the music and concert industry and may implicate employees from both Live Nation & the Oak View Group.

Given the overwhelming sentiment to break up Live Nation it is unlikely they will be able to fulfill any obligations and will leave the project in legal limbo.

Sincerely,
To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.

Joe DiRosa
Founder, CEO
Artist Series, Seedlings, Tartare, BrainPower
310-770-5171
[email protected]
www.seedlings.vc
Item 4-B
January 28, 2025
Item 4-B
January 28, 2025

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Attachment: Written Comments [Revision 1] (6879 : 4.B.Closed Session: Real Estate Negotiator) 3 David Yakobson
From: Jaleh MIRHASHEMI <[email protected]>
Sent: Tuesday, January 28, 2025 12:13 PM
To: councilmtgitems; Dan Hall; Caroline Torosis; Ellis Raskin; Lana Negrete; Barry Snell; Jesse Zwick; Natalya Zernitskaya; David White
Cc: Jennifer Taylor; Nia Tang; Jenny Rogers; Sofia Klatzker; Steven Johnson; Lori Brown; Maryanne LaGuardia; John Smith; [email protected]
Subject: City Council Meeting - 1/28/25 - Item 4.B. Closed Session - Conference re: Santa Monica Civic Auditorium Negotiations

EXTERNAL
Dear Mayor Negrete, Mayor Pro Tem Torosis, Mr. White, and Esteemed Councilmembers:

We have been waiting very long to renovate and reopen our Santa Monica's landmark Civic Auditorium. Reviving the Civic Auditorium as a destination for performing arts and cultural center like in the past, was a dream for the SM residents and many others.

The Revitalization Partners Group, LLC, that is currently under the negotiating with you, considering that they offer to save our public land with no need of any public funds, would be a great opportunity for our city. The reopening of the Civic Auditorium would have a great impact on our city's economy as well.

We highly recommend and urge you to finalize and sign the agreement with the RPG to revitalize and reopen the Civic Auditorium without any delay.

Thank you for your consideration.

Sincerely,
Jaleh Mirhashemi
Co-Chair, Civic Center Task Force
Resident, 24 years
Item 4-B
January 28, 2025
Item 4-B
January 28, 2025

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Attachment: Written Comments [Revision 1] (6879 : 4.B.Closed Session: Real Estate Negotiator) 1 David Yakobson
From: Bea Nemlaha <[email protected]>
Sent: Tuesday, January 28, 2025 8:32 AM
To: councilmtgitems; Lana Negrete; Caroline Torosis; Jesse Zwick; Ellis Raskin; Barry Snell; Natalya Zernitskaya; Dan Hall; David White
Subject: City Council - 1/28/25 - Item 4B Closed Session - Conference re: Santa Monica Civic Auditorium Negotiations

EXTERNAL
Honorable Mayor Negrete, Mayor Pro Tem Torosis, Council Members, and City Manager, Last summer, supported by a groundswell of resident support and enthusiasm, the City Council unanimously voted to enter into an ENA with RPG (Revitalization Partners Group) to lease, seismically retrofit, restore, and operate the famed, landmarked Santa Monica Civic Auditorium as a community-owned cultural center - - its original raison d’etre.

A reopened Civic Auditorium will give Santa Monica a renewed reputation as a desirable entertainment destination for its own residents, residents of the greater Los Angeles community, and tourists from far and near. Hotels, restaurants, shops, and the nearby Pier, Promenade, Santa Monica Place, and Main Street all stand to benefit and so in turn will Santa Monica’s City’s own future, much needed income stream.

RPG will fund the entire project, asking for no financial support from the City. RPG’s partners include the most credible and powerful entities in music and live entertainment in the country. There is no comparable or available partner for this eƯort if the City and RPG do not conclude their negotiations.

Restoring and operating the Civic is a complex undertaking, one whose negotiated agreement between the City and RPG deserves and requires careful attention, and time. Last fall’s elections, the holidays, and the horrible fires of the last weeks have necessarily interrupted the completion of negotiations. Members of the RPG team have tragically lost their homes in those fires and must attend to that loss.

This City, this Council must extend the negotiation timeline for the Civic with RPG in decent recognition of what our Palisades neighbors and RPG’s partners have endured. Anything less would speak poorly of Santa Monica. And if the opportunity to re-open the Santa Monica Civic as a cultural center is lost, so too will be the City’s chance to burnish its reputation and reap the income rewards the Civic can bring.

Bea Nemlaha
Item 4-B
January 28, 2025
Item 4-B
January 28, 2025

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Attachment: Written Comments [Revision 1] (6879 : 4.B.Closed Session: Real Estate Negotiator) 2 Ocean Park Resident
Item 4-B
January 28, 2025
Item 4-B
January 28, 2025

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Attachment: Written Comments [Revision 1] (6879 : 4.B.Closed Session: Real Estate Negotiator) 1 David Yakobson
From: Elizabeth Van Denburgh <[email protected]>
Sent: Monday, January 27, 2025 10:38 PM
To: councilmtgitems; Lana Negrete; Caroline Torosis; Jesse Zwick; Ellis Raskin; Dan Hall; Barry Snell; Natalya Zernitskaya
Cc: David White; Susan Cline; Jennifer Taylor; Nia Tang; Jenny Rogers; Sofia Klatzker; Douglas Sloan; Steven Johnson; John Smith; Lori Brown; Maryanne LaGuardia; Heidi von Tongeln; Ann Bowman
Subject: January 28, 2025 Council Meeting - Item 4.B. - Civic Auditorium - Support Landmarked Civic Auditorium Restore and Revitalization by Entering into an ENA with RPG

EXTERNAL
Dear Mayor Negrete and Councilmembers,
This email is an outreach to Dan Hall, Ellis Raskin, Barry Snell and Natalya Zernitskaya make them aware of the years of strong community advocacy behind the drive to revitalize and reopen the landmarked Civic Auditorium as a performance venue - bringing it back to its former and historic glory and in doing so restore the civic heart of our community. As well, the reopening of this venue will bring direct and economic multiplier revenue back to the city.

In July, our City Council voted to officially enter into an Exclusive Negotiation Agreement (ENA) with Revitalization Partners Group (RPG) to upgrade, restore, program, and operate our landmark Civic Auditorium as a Santa Monica performing arts and cultural center. RPG is a consortium of highly experienced LA based companies: Make Good Group, Geyser Holdings, The (Irving) Azoff Company, Oak View Group, and Live Nation.

Santa Monica residents will continue to own the Civic. RPG will not ask the City for any funds.

I am guessing the Civic is on the Closed Session Agenda for tomorrow night because the ENA entered into at the direction of Council (to be of 6 months duration) may be expiring soon.

The possibility of an ENA extension was contemplated in July if Council grants one and the parties wish to continue negotiating. In a deal this complex and with many moving parts, an extension would not be an unusual or unreasonable thing to agree to at this time.

Please support an extension and continued negotiations to make this wonderful opportunity to bring the Civic back to life as a treasured, landmarked, historic, entertainment venue a reality.

For background: please take a look at the Save the Civic website, which offers more details, including the Civic's history and the list of Save The Civic's advisory council luminaries from the arts and entertainment field.

More information on the Civic and the years of community engagement around preserving and reopening the Civic is here.

Thank-you for your efforts on behalf of the city.

Item 4-B
January 28, 2025
Item 4-B
January 28, 2025

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Attachment: Written Comments [Revision 1] (6879 : 4.B.Closed Session: Real Estate Negotiator) 2 Elizabeth Van Denburgh
Wilmont Chair
Item 4-B
January 28, 2025
Item 4-B
January 28, 2025

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Attachment: Written Comments [Revision 1] (6879 : 4.B.Closed Session: Real Estate Negotiator) 3 David Yakobson
From: Ann Hoover <[email protected]>
Sent: Monday, January 27, 2025 10:01 PM
To: councilmtgitems; Dan Hall; Caroline Torosis; Ellis Raskin; Lana Negrete; Barry Snell; Jesse Zwick; Natalya Zernitskaya; David White
Cc: Jennifer Taylor; Nia Tang; Jenny Rogers; Sofia Klatzker; Steven Johnson; Lori Brown; Maryanne LaGuardia; John Smith
Subject: January 28, 2025 City Council Meeting - Closed Session Item 4.B. - Civic Auditorium

EXTERNAL
Dear Mayor Negrete, Mayor Pro Tem Torosis, Mr. White, and Esteemed Councilmembers:

It is with great joy and enthusiasm that I continue to encourage you, as contemplated by Item 4.B., to take every step possible and necessary to finalize and sign an agreement with Revitalization Partners Group, LLC to renovate and reopen Santa Monica's landmarked Civic Auditorium.

RPG is the dream-come-true we've all been praying for - a well-resourced partner with whom to revive the Civic and in doing so to also help rejuvenate our civic, cultural, and economic life for decades to come.

This is a legacy project for everyone on the dais tomorrow night (Tuesday, January 28, 2025) and for every Santa Monican. Please continue to work with RPG and the community to restore the Civic without delay.

THANK YOU for being a Council that helps nurture The Civic back to life! Sincerely,
Ann Bowman
Recreation and Parks Commissioner (but writing only as a local individual) Co-Chair, Civic Center Task Force
Resident, 28+ years
Item 4-B
January 28, 2025
Item 4-B
January 28, 2025

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Attachment: Written Comments [Revision 1] (6879 : 4.B.Closed Session: Real Estate Negotiator) 4 Item 4-B
January 28, 2025
Item 4-B
January 28, 2025

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Attachment: Written Comments [Revision 1] (6879 : 4.B.Closed Session: Real Estate Negotiator) 5 David Yakobson
From: Ann Bowman
Sent: Monday, January 27, 2025 8:56 PM
To: councilmtgitems; Lana Negrete; Caroline Torosis; Jesse Zwick; Natalya Zernitskaya; Barry Snell; Ellis Raskin; Dan Hall; David White
Cc: Jennifer Taylor; Nia Tang; Jenny Rogers; Sofia Klatzker; Steven Johnson; John Smith; Lori Brown; Maryanne LaGuardia; Micah Akerson; Noe Mendoza
Subject: January 28, 2025 City Council Meeting - Closed Session Item 4.B. - Civic Auditorium and RPG
Attachments: Recreation and Parks Commission Letter To Council Re The Civic Auditorium.pdf Dear Mayor Negrete, Mayor Pro Tem Torosis, and Esteemed Councilmembers:

With the approval and at the direction of the Chair of the Recreation and Parks Commission (RPC), I submit for the public record for Item 4.B. (Civic Auditorium and RPG) the following past Commissionapproved communications from the RPC to Council:
(1) the RPC's email (below) to Council on May 28, 2024 in support of the City moving forward to work with RPG on Civic Auditorium revitalization, and,
(2) the RPC's email to Council dated September 28, 2023 (attached) in which we highlighted the significant input provided by the community over several decades in favor of revitalizing the Auditorium, which historically has been the community's most significant venue for civic and public life.

The RPC continues to look forward to working with Council, Staff, Revitalization Partners Group, LLC, and the community in every way possible to restore and reopen the Auditorium as a civic, cultural, and performance venue in the heart of our City.

Sincerely,
Ann K. Bowman
Recreation and Parks Commissioner
From: Steven Johnson <[email protected]>
Sent: Tuesday, May 28, 2024 10:40 AM
To: councilmtgitems <[email protected]>
Cc: Jenny Rogers <[email protected]>; David White <[email protected]>; Phil Brock <[email protected]>; Christine Parra <[email protected]>; Lana Negrete <[email protected]>; Oscar de la Torre <[email protected]>; Jesse Zwick <[email protected]>; Gleam Davis <[email protected]>; Caroline Torosis <[email protected]>; Ann Bowman <[email protected]>; Lori Brown <[email protected]>; Arati Desai Wagabaza <[email protected]>; Maryanne LaGuardia <[email protected]>; John Smith <[email protected]>; Andrew Gomez <[email protected]>; Noe Mendoza <[email protected]>; Jennifer Taylor <[email protected]>; Nia Tang <[email protected]> Subject: Recreation & Parks Commission and the Civic Auditorium Item 4-B
January 28, 2025
Item 4-B
January 28, 2025

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Attachment: Written Comments [Revision 1] (6879 : 4.B.Closed Session: Real Estate Negotiator) 6 Dear Mayor Brock, Mr. White, and Esteemed Councilmembers:

Pursuant to the directive outlined in Article X, Section 1014 of the City Charter (Recreation and Parks Commission. Powers and duties.) with respect to all matters pertaining to public recreation, including playgrounds, music and entertainment, our Commission (RPC) voted unanimously on September 19, 2023 in support of the City retaining ownership of the Civic Auditorium and the RPC submitted a letter to you dated September 28, 2023 (copy attached) in which we highlighted the significant input provided by the community over several decades in favor of revitalizing the Auditorium, which historically has been the community's most significant venue for civic and public life.

The letter also spotlighted for Council that during the Civic Working Group (CWG) process (2013-2014) over 1,700 individuals, most of whom resided or worked in the City at that time, provided input during the process and per the CWG Report (page 20) "[t]he overwhelming public response...reflected a desire to maintain the Civic for performing arts and cultural uses".

Further, in our September 28, 2023 letter we recognized the most recent public sentiments expressed at Council and other public community meetings in strong support of maintaining the Auditorium exclusively as a civic asset in perpetuity.

We are gratified to see that this community hope and goal may be advanced tonight in Closed Session Item 4.D. The RPC looks forward to working with Council, Staff, Revitalization Partners Group, LLC, and the community to restore and reopen the Auditorium as a civic, cultural, and performance venue.

Sincerely,
Recreation and Parks Commission
Steven Johnson, Chair
Andrew Gomez, Vice Chair
Maryanne LaGuardia
Lori Brown
John C. Smith
Arati Desai Wagabaza
Ann K. Bowman
Item 4-B
January 28, 2025
Item 4-B
January 28, 2025

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Attachment: Written Comments [Revision 1] (6879 : 4.B.Closed Session: Real Estate Negotiator) Recreation and Parks Commission
September 28, 2023
Mayor and City Council Members
City of Santa Monica
1685 Main Street,
Santa Monica, CA 90401
Re: The Civic Auditorium
Dear Mayor Davis and City Council members:

We emphasize that the Commission is against the City selling the Auditorium to any third party, including to the Santa Monica-Malibu Unified School District (SMMUSD), for any purpose.

We highlight the significant input provided by the community over several decades in the Civic Center Specific Plan (CCSP), which is the governing planning document for the Civic Center area. The Auditorium is the centerpiece of the CCSP and historically has been the community's most significant venue for civic and public life. We also call your attention to the many hours of community input that informed the Civic Working Group (CWG) process in 2014-2015, which is reflected in the CWG Report dated November 2015, presented to Council in February 2016.

Item 4-B
January 28, 2025
Item 4-B
January 28, 2025

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Attachment: Written Comments [Revision 1] (6879 : 4.B.Closed Session: Real Estate Negotiator) The then-Chair of the Recreation and Parks Commission was among the nine members appointed by Council to the CWG, along with appointees from the Arts, Planning, and Landmarks Commissions.

Over 1,700 individuals, most of whom resided or worked in the City at that time, provided input during the CWG process and per the CWG Report (page 20) "[t]he overwhelming public response...reflected a desire to maintain the Civic for performing arts and cultural uses".

Further, the Commission recognizes recent public sentiments expressed at Council, School Board, and other public community meetings in strong support of maintaining the Auditorium exclusively as a civic asset in perpetuity.

Accordingly, we advise Council to end negotiations with SMMUSD under the Surplus Land Act as soon as legally possible and suggest this process move forward quickly enough to preserve the possibility of a reopening in conjunction with the 2028 Los Angeles Olympics.

The Recreation and Parks Commission looks forward to working with City Council, Staff and the community to revitalize the Auditorium as a civic, cultural, and performance venue.

Sincerely,
Santa Monica Recreation and Parks Commission
Maryanne LaGuardia, Chair
Andrew Gomez, Vice Chair
Lori Brown
John Cyrus Smith
Arati Desai Wagabaza
Steven Johnson
Ann Bowman
Cc: David White, City Manager
Item 4-B
January 28, 2025
Item 4-B
January 28, 2025

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Attachment: Written Comments [Revision 1] (6879 : 4.B.Closed Session: Real Estate Negotiator) 7 David Yakobson
From: Ann Bowman
Sent: Monday, January 27, 2025 8:45 PM
To: councilmtgitems; Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Natalya Zernitskaya; Barry Snell; Ellis Raskin; David White
Cc: Jennifer Taylor; Nia Tang; Jenny Rogers; Sofia Klatzker; Steven Johnson; John Smith Subject: January 28, 2025 City Council Meeting - Closed Session Item 4.B. - Civic Auditorium & RPG
FYI (see below) - Please continue negotiations to reopen our amazing and one-of-a-kind, landmarked Civic Auditorium as a state-of-the-art performance venue.

From: Ann Hoover <[email protected]>
Sent: Monday, July 22, 2024 7:06 PM
To: councilmtgitems <[email protected]>; Phil Brock <[email protected]>; Gleam Davis <[email protected]>; Oscar de la Torre <[email protected]>; Lana Negrete <[email protected]>; Christine Parra <[email protected]>; Jesse Zwick <[email protected]>; Caroline Torosis <[email protected]>; David White <[email protected]>
Cc: Susan Cline <[email protected]>; Douglas Sloan <[email protected]>; Susan Cola <[email protected]>; Jennifer Taylor <[email protected]>; Nia Tang <[email protected]>; Jenny Rogers <[email protected]>; Christopher J. Smith <[email protected]>; David Martin <[email protected]>; Jing Yeo <[email protected]>; Steven Johnson <[email protected]>; John Smith <[email protected]>; Sofia Klatzker <[email protected]> Subject: July 23, 2024 Council Meeting - Consent Calendar Item 5.E. - Civic Auditorium & RPG

EXTERNAL
Dear Mayor Brock, Vice Mayor Negrete, Mr. White, and Esteemed Councilmembers:

It is with great joy and enthusiasm that I encourage you, as contemplated by Item 5.E., to enter into an exclusive negotiation agreement with Revitalization Partners Group, LLC to renovate and reopen Santa Monica's landmarked Civic Auditorium.

This is a legacy project for everyone on the dais tomorrow night (Tuesday, July 23, 2024) and for every Santa Monican.

Please move forward with RPG and the community to restore the Civic without delay.

Also, I urge you to read the written correspondence to you from Larry Barber at page 5 of the 87 pages of public comment you received about restoring the Civic in connection with Closed Session Item 4.D. of the May 28, 2024 Council Meeting. For your convenience, his words are copied below.

Item 4-B
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Item 4-B
January 28, 2025

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Attachment: Written Comments [Revision 1] (6879 : 4.B.Closed Session: Real Estate Negotiator) 8 Mr. Barber was a coordinator of Friends of the Santa Monica Pier back in the 1970s and he helped save the Pier from destruction. As you know, the Pier remains our signature vibrant civic asset to this day and was touted just this past weekend in a Los Angeles Times special feature about Santa Monica.

THANK YOU for your foresight in nurturing The Civic back to life! Sincerely,
Ann Bowman
Recreation and Parks Commissioner (but writing only as a local individual) Co-Chair, Civic Center Task Force
Resident, 28 years
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Written correspondence for Item 4.D., May 28, 2024 Council Meeting:

Dear Council Members,
It has come to my attention that you have an option before you to upgrade and restore the Santa Monica Civic Auditorium as a performing arts and cultural center. As someone who remembers with great affection seeing Van Morrison, Bruce Springsteen, Stevie Wonder and other stellar artists at the Civic, I am writing to urge you to move forward with that option with all deliberate speed.

I was working as a cook in 1972 on the Santa Monica Pier when an action to demolish the Pier came about following the defeat of the man-made island concept. Residents of Santa Monica, working people from the Pier and other community activists banded together to fight against the demolition.

As Coordinator of Friends of Santa Monica Pier at that time, we engaged community members to let their interest and feelings be known about keeping the Pier through letters and attendance at meetings of the council. Ultimately, it took the defeat of three council members to accomplish the task of saving the pier.

Item 4-B
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Item 4-B
January 28, 2025

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Attachment: Written Comments [Revision 1] (6879 : 4.B.Closed Session: Real Estate Negotiator) 9 The movement to save Santa Monica Civic Auditorium seems to bear similar markings to that situation in the early 1970s. The Santa Monica Pier is now a vibrant asset of the city and the proposal from Revitalization Partners Group presents the council with a realistic and rewarding chance for the Civic to be an equivalent dynamic asset.

It is my hope that you will take this positive step toward injecting the Civic with new energy and preserve this treasured piece of Santa Monica’s history.

Sincerely, Larry Barber
Item 4-B
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Item 4-B
January 28, 2025

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Attachment: Written Comments [Revision 1] (6879 : 4.B.Closed Session: Real Estate Negotiator) 10 David Yakobson
From: Ann Hoover <[email protected]>
Sent: Monday, January 27, 2025 7:51 PM
To: councilmtgitems; Lana Negrete; Caroline Torosis; Jesse Zwick; Ellis Raskin; Dan Hall; Barry Snell; Natalya Zernitskaya
Cc: David White; Susan Cline; Jennifer Taylor; Nia Tang; Jenny Rogers; Sofia Klatzker; Douglas Sloan; Steven Johnson; John Smith; Lori Brown; Maryanne LaGuardia; Heidi von Tongeln; Ann Bowman
Subject: January 28, 2025 Council Meeting - Item 4.B. - Civic Auditorium

EXTERNAL
Dear Mayor Negrete and Esteemed Councilmembers -
I want to make sure our four (4) new Councilmembers are aware of the years of strong community advocacy behind the drive to revitalize and reopen the landmarked Civic Auditorium as a performance venue - bringing it back to its former and historic glory and in doing so restore the civic heart of our community.

In July, our City Council voted to officially enter into an Exclusive Negotiation Agreement (ENA) with Revitalization Partners Group (RPG) to upgrade, restore, program, and operate our landmark Civic Auditorium as a vibrant Santa Monica performing arts and cultural center. RPG is a consortium of highly experienced LA based companies: Make Good Group, Geyser Holdings, The (Irving) Azoff Company, Oak View Group, and Live Nation.

Santa Monica residents will continue to own the Civic. RPG will not ask the City for any funds.

I am guessing the Civic is on the Closed Session Agenda for tomorrow night because the ENA entered into at the direction of Council (to be of 6 months duration) may be expiring soon.

Please support an extension and continued negotiations to make this wonderful opportunity to bring the Civic back to life as a treasured, landmarked, historic, entertainment venue a reality.

More information on the Civic and the years of community engagement around preserving and reopening the Civic is here.

Thank you so much for your time.

Sincerely,
Item 4-B
January 28, 2025
Item 4-B
January 28, 2025

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Attachment: Written Comments [Revision 1] (6879 : 4.B.Closed Session: Real Estate Negotiator) 11 Ann Bowman
Resident 28+ years
Recreation and Parks Commissioner

4. CLOSED SESSIONS
A. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Stanford Neighbors Against City Overreach v. City, et al; LASC # 24STCP02065 To help
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B. Conference with real estate negotiator - Gov. Code § 54956.8; property - 1855 Main Street (Civic Auditorium) (APN 4290-013-901); City negotiators: Jennifer Taylor, Economic Development Manager, and Nia Tang, Economic Development Administrator; owner of record: City of Santa Monica; parties to be negotiated with: Tim Sexton, Revitalization Partner Group, LLC; under negotiation: price and terms of payment for lease
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Item 4-B
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Item 4-B
January 28, 2025

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Attachment: Written Comments [Revision 1] (6879 : 4.B.Closed Session: Real Estate Negotiator) City Council
Report
City Council Meeting: January 28, 2025
Agenda Item: 5.A
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To: Mayor and City Council
From: David White, City Manager, City Manager's Office, Administration Subject: Approval of the City of Santa Monica Legislative Platforms for the 2025-2026 Federal and State Legislative Sessions
Recommended Action
Staff recommends that the City Council:

1. Approve the attached 2025-26 Federal and State Legislative Platform Drafts; and

2. Adopt a finding that the action above does not constitute a project subject to the California Environmental Quality Act (CEQA).

Summary
The City of Santa Monica engages state and federal lobbying firms, Shaw Yoder Antwih Schmelzer & Lange (SYASL) and The Ferguson Group, to advocate for its legislative objectives, secure funding opportunities, and represent its interests in Sacramento and Washington, D.C. These firms collaborate with City staff to advance policy goals, monitor and influence legislation, and liaise with elected officials and agencies.

The City has developed updated State and Federal Legislative Platforms for the 2025- 2026 legislative sessions, aligning advocacy efforts with key priorities: addressing homelessness, maintaining clean and safe public spaces, fostering economic recovery, advancing racial justice and equity, and promoting sustainability.

Staff is recommending City Council adopt the updated 2025-2026 Federal and State Legislative Platforms. These platforms will continue to guide the City’s legislative and policy advocacy, ensuring alignment with Council’s adopted priorities and providing a

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transparent framework for engagement with state and federal policymakers. The adoption of the legislative platforms will have no direct financial impact or require any additional budget actions. The associated consulting contracts are already funded within the City’s budget and are entering the second year of five-year agreements.

Background
The City of Santa Monica has consistently prioritized proactive engagement with state and federal policymakers to advocate for its legislative objectives and secure funding opportunities. To this end, the City has retained professional lobbying firms since at least the early 1990s including Shaw Yoder Antwih Schmelzer & Lange (SYASL) for state-level advocacy and The Ferguson Group (TFG) for federal-level advocacy.

In 2016, the City Council adopted its first formalized Federal and State Legislative Platforms. These platforms were created to align advocacy efforts with Council-adopted priorities, provide transparency, and ensure a rapid and coordinated response to emerging legislative issues. The platforms have been regularly updated since their inception, typically on an annual or biannual basis, to reflect evolving community needs and policy objectives.

The platforms have guided legislative advocacy in several areas, including:
• Monitoring and influencing proposed legislation.
• Advocating for funding opportunities through budget allocations, Community Project Funding, and grant submissions.
• Liaising with elected officials to promote City positions on legislative and regulatory matters.

Prior to 2016, Council had been presented with proposed Federal Legislative Agendas for their consideration and approval, which included broad statements of support or opposition to programs, policies or concepts legislated by the federal government.

Additionally, the Council had taken positions on proposed state legislation of interest to Santa Monica both when presented by staff in packages or on a case-by-case basis.

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This year, both firms, in collaboration with City staff, have again developed updated legislative platforms to guide the City’s legislative and policy advocacy over the upcoming 2025-2026 Federal and State legislative sessions. Maintaining up-to-date legislative platforms at both the federal and state level serves to clarify City policies, create additional transparency, and enable staff to rapidly weigh in on matters of legislative importance with the backing of Council’s adopted positions.

Discussion
Staff is putting forward for the Council’s review and approval updated versions of the State and Federal Legislative Platforms (Attachments A & B) that maintain the alignment of our advocacy efforts to the following:
• Addressing Homelessness: Prevent housed Santa Monicans from becoming homeless and increase the supply of affordable housing, address the behavioral health needs of vulnerable individuals and advocate for regional capacity to address homelessness.
• Clean & Safe Santa Monica: Create an atmosphere marked by clean and safe public spaces and neighborhoods, including parks for recreation and leisure activities.
• Cultivate Economic Recovery & Expand Community & Cultural Offerings:

Cultivate economic opportunity and recovery and invest in community and cultural amenities and programs for all community members, focused on expanding opportunities for youth, teens and seniors.
• Racial Justice, Equity & Social Diversity: The City of Santa Monica acknowledges the effects of generational and institutional racism and discrimination, and its consequences that continue to impact our residents and businesses. These lessons of our history cannot be ignored. The City is

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committed to advancing racial equity and social diversity to improve the wellbeing of people who live, work, learn, play, and do business in our City and create a community where differences in life outcomes cannot be predicted by race, class, gender, disability or other identities. Everyone in Santa Monica must have an opportunity to thrive.
• Sustainable & Connected Community: Ensure that City policies and programs enhance our resources, prevent and remedy harm to the natural environment and human health, and benefit the social and economic wellbeing of the community for the sake of current and future generations.

Adoption of the legislative platforms is a public statement by the Council of its legislative priorities at the federal and state level. This action, combined with consultation of positions adopted by statewide and national advocacy organizations such as the League of California Cities, National League of Cities, U.S. Conference of Mayors, and Independent Cities Association in addition to collaborations with regional partners though Joint Powers Authorities like Westside Cities Council of Governments and Southern California Association of Governments, allows staff to review and adopt positions on legislative items of particular concern to Santa Monica.

More specifically, in practice, as legislation is introduced in the U.S. Congress and the California state legislature of relevance to Santa Monica, the City’s federal and state representatives use the legislative platforms to develop recommended positions on each bill—typically either a “Support,” “Oppose,” or a “Watch” (i.e. monitor without supporting or opposing) position. On any bill that is a close call or where more input is needed or there are particular sensitivities or strong City implications at play, the representatives refer the bill to City staff for further analysis and feedback. The representatives then draft letters of support or opposition, as appropriate, that are reviewed by City staff and signed by the Mayor on behalf of the Council to submit to the City’s elected representatives as well as relevant authors and legislative committees for particular bills. The City’s representatives or City staff at times weigh in further to advocate for the City’s legislative positions through meeting with legislators or agency

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officials and providing testimony at committee hearings. In addition to legislative advocacy related to particular bills at the federal and state levels, the City’s representatives use the adopted legislative platforms to inform advocacy for and pursuit of resources that advance the City’s priorities and positions, in the form of grants or legislative appropriations.

Staff recommends that the City Council approve the proposed 2025-2026 Federal and State Legislative Platforms. Adoption of these platforms will enable the City’s staff and representatives to continue credibly and effectively advocate for its priorities, securing funding opportunities, and advance policies that benefit the Santa Monica community.

Possible Alternative Actions
1) Reaffirm the Proposed Platforms: The Council could choose to adopt the platforms as presented, reaffirming the City’s existing legislative positions with minor updates. The proposed platforms are substantially similar to those currently guiding staff and consultant advocacy efforts, with only minor refinements made to reflect updated priorities or clarify existing positions.

Adopting the platforms now ensures the City’s interests are effectively represented and its policy objectives are advanced in Sacramento and Washington, D.C.
2) Modify the Proposed Platforms: The Council could revise the platforms before adoption to reflect additional priorities or refine existing positions. While the current draft incorporates minor updates, Council may identify further changes during its deliberations. This approach would allow for customization to address specific emerging issues or areas of concern.
3) Delay Adoption: The Council could defer adoption of the platforms to allow additional time for review and discussion. However, because the proposed platforms are substantially similar to the current ones already guiding staff and consultants, delaying adoption is not recommended unless there are significant changes being considered. A delay could hinder the City’s ability to clearly communicate its positions or influence legislation effectively.

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It is important to note that the platforms can be amended at any time should the Council wish to address additional topics not currently covered. Prompt adoption of these platforms remains the most efficient and transparent way to reaffirm the City’s legislative priorities and maintain credibility in its advocacy efforts.

Environmental Review
The approval of the City’s Federal and State Legislative Platforms is not a “project” subject to CEQA. Pursuant to CEQA Section 21065, the project does not meet the definition of a “project” subject to CEQA as it will not “cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment”. Additionally, per Section 15378(b) of the CEQA Guidelines, a “project” does not include administrative activities of governments that will not result in direct or indirect physical changes in the environment. The adoption of these updated legislative platforms ensures the City continues to effectively utilize its federal and state legislative representative services. Therefore, the updated legislative platforms are not subject to CEQA.

Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of recommended action. Both consulting firms will begin year two of their five-year contracts for services with the City, contingent upon funding availability. Staff will return to Council if specific budget actions are required in the future.

Prepared By: Josh Kurpies, Council Office and Legislative Affairs Liaison Approved Forwarded to Council

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Attachments:

A. DRAFT-2025-2026 Federal Legislative Platform
B. DRAFT-2025-2026 State Legislative Platform

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Page | 1

CITY OF SANTA MONICA, CA

FEDERAL LEGISLATIVE PLATFORM
2025-2026
The City of Santa Monica, California is an innovative, progressive, and diverse beachfront community of approximately 93,000 residents on the Southern California coast.

Historically, the City Council’s key legislative priorities have been focused in the following policy areas:
 Affordability
 Addressing Homelessness
 Climate Change
 Keeping Neighborhoods Safe
 Enhancing Mobility and Access
 Engaged and Thriving Community
This document continues a focus on the following priorities:
• Addressing Homelessness: Prevent housed Santa Monicans from becoming homeless and increase the supply of affordable housing, address the behavioral health needs of vulnerable individuals and advocate for regional capacity to address homelessness. • Clean & Safe Santa Monica: Create an atmosphere marked by clean and safe public spaces and neighborhoods, including parks for recreation and leisure activities. • Cultivate Economic Recovery & Expand Community & Cultural Offerings: Cultivate economic opportunity and recovery and invest in community and cultural amenities and programs for all community members, focused on expanding opportunities for youth, teens and seniors.
• Racial Justice, Equity & Social Diversity: The City of Santa Monica acknowledges the effects of generational and institutional racism and discrimination, and their consequences that continue to impact our residents and businesses. These lessons of our history cannot be ignored. The City is committed to advancing racial equity and social diversity to improve the wellbeing of people who live, work, learn, play, and do business in our City and creating a community where differences in life outcomes cannot be predicted by race, class, gender identity, disability or other identities.

Everyone in Santa Monica must have an opportunity to thrive. • Sustainable & Connected Community: Ensure that City policies and programs enhance our resources, prevent and remedy harm to the natural environment and human health, and benefit the social and economic wellbeing of the community for the sake of current and future generations.

The City’s priorities are reflected in the policy positions outlined below for engagement in federal policy and regulatory initiatives and to secure resources (e.g., grants, authorizations and appropriations) to invest in priority projects and programs.

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Attachment: DRAFT-2025-2026 Federal Legislative Platform [Revision 1] (6601 : 2025-26 Federal and State Legislative Platforms) Page | 2

ADDRESSING HOMELESSNESS
Homelessness
• Support legislation and secure federal resources, either directly or in partnership with other entities, that address and prevent homelessness with innovative strategies that maintain and expand the inventory of affordable housing; protect low-income renters from discrimination and eviction; promote income stability; provide direct services and varied housing options for people experiencing homelessness or at high risk of homelessness including veterans, older adults and people with disabilities; • Support funding for alternatives to incarceration for adults and youth, regardless of housing status;
• Support legislation to ensure individuals are utilizing Housing First when offered suitable housing options and seeks to minimize individuals declining these resources when they are offered.
• Support legislation that allows for data sharing between municipalities and treatment providers;
• Support legislation that safeguards against the criminalization of homelessness; • Support legislation that expands and increases flexibility of affordable housing funding to allow for construction of varied housing types in one development, such as transitional housing paired with permanent supportive housing; • Support legislation that expands and increases flexibility of affordable housing funding to provide for development of in-patient and higher need beds to ensure individuals are not placed into permanent supportive housing due to lack of other adequate housing options.

Health
• Support legislation and secure federal resources that support mental health care (e.g., access to psychiatric facilities, behavioral health care treatment, and mobile and streetbased services). • Support legislation that expands the definition of “gravely disabled” and allows for additional flexibility in conservatorship as a tool in mental health care treatment, behavioral health care treatment, or substance use treatment to ensure individuals are not discharged to the streets;
• Secure federal resources for education and training of paramedics and other emergency medical service personnel and uniformed officers in their ability to be responsive to those individuals experiencing homelessness and living in our community, including how to utilize the expanded criteria under SB43;

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Attachment: DRAFT-2025-2026 Federal Legislative Platform [Revision 1] (6601 : 2025-26 Federal and State Legislative Platforms) Page | 3
• Support legislation to reform mental health and substance use disorder treatment access, including legislation that destigmatizes and normalizes behavioral health as part of primary health care to be covered by public and private health plans; • Support legislation to increase federal funding that is flexible for building varied housing options to support individuals as they move through the spectrum of behavioral health services;
• Support legislation that removes barriers to and expands the availability of mental health and substance use disorder treatment;
• Support legislation to expand funding to provide adequate mental, behavioral health, and substance use treatments for youth, as well as funding to cover construction costs to develop these services where lacking and funding staff positions related to these areas within schools or via service providers;
Housing/Tenant Protection
• Support legislation and expand funding resources to provide for the creation of safe, decent and affordable housing to meet the City’s diverse needs and contribute to the well-being of all residents;
• Support legislation that allocates funding to provide services to individuals who have housing vouchers but are unable to find eligible housing; • Support legislation that secures additional federal resources for HUD-funded affordable housing programs (e.g., HOME, Section 8);
• Support legislation to allocate federal resources and regulatory support for the “Preserving our Diversity” (POD) program;
• Support legislation to expand funding to provide support to housing unstable individuals to cover basic needs such as food and medicine;
• Support legislation to prevent CalFRESH benefits being reduced for unstably housed individuals receiving support for basic necessities;
• Support legislation and secure federal resources to provide housing opportunities combined with effective and ample supportive services, including healthcare services. • Support legislation to increase the funding for the Section 8 Housing Voucher program and increase the payment standards.
• Support legislation to expand HUD voucher types to allow more flexibility for allowable Area Median Income (AMI) to support individuals who are above the 80-100% AMI range but are still rent burdened;
• Support legislation to expand affordable housing funding to provide housing to a broadened demographic, including individuals who are above the 100% AMI level, as well as a broadened array of housing types;

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CLEAN AND SAFE SANTA MONICA
• Support legislation and secure federal resources that enhance law enforcement and emergency services to maintain a safe environment and quality of life for City residents and visitors.
• Support legislation that provides funding for debris removal for structures burned following a wildfire
• Support legislation that would provide resources to local governments to respond and remove graffiti from and litter from Interstate Highways. • Support legislation that provides funding and resources to implement improved security measures for major transportation corridors (eg. Interstate freeways) to increase safety and reduce unauthorized access.
• Support legislation to provide full funding for the Local Law Enforcement Block Grant; additional funding for the Community Oriented Policing Services (COPS) program; the Byrne/Justice Assistance Grants (JAG) programs as well as integrated public safety communications systems.
• Support legislation authorizing providing federal resources to support the Police Department’s current and ongoing equipment needs (i.e., real-time crime center, tablets, in-car camera system, mobile command center equipment, forensic equipment, records management and system updates, and data tracking systems). • Support legislation that provides resources to provide mental health training for public safety officers and first responders and to hire mental health professionals to support local law enforcement activities in the community.
• Support legislation that provides federal resources to cover costs of implicit bias and cultural training for sworn and non-sworn personnel.
• Support legislation and federal resources that promote the safety and constitutional rights of our citizens and bring greater transparency and accountability to law enforcement.
• Support legislation and secure federal resources that advances the model of community-based 21st century policing.
• Support common sense gun safety legislation including a ban on assault weapons, ghost guns and high-capacity magazines and a requirement for a federal background check before the purchase of a gun or high-capacity ammunition. • Support legislation and federal funding for the advancement of the Safe Systems Approach and the realization of Vision Zero, to end crashes resulting in fatal or severe injuries, through infrastructure, policy, enforcement, education, and vehicle safety standards.

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• Support legislation that provides federal resources for mobile crisis intervention programs or other alternate dispatch strategies that provide response to mental health or addiction crises where public safety is not at risk
• Support legislation to provide federal funding for community paramedic and Mobile Integrated Health(MIH) initiatives which play a critical role in addressing behavioral health, supporting vulnerable adults , and assisting individuals with substance use challenges.

CULTIVATE ECONOMIC RECOVERY & EXPAND COMMUNITY & CULTURAL OFFERINGS • Support legislation that provides for new direct, flexible emergency fiscal relief for all cities, with an equitable funding formula not solely calculated by population size. • Support legislation that would provide federal resources to assist localities in high-speed broadband, and public space projects, and /workforce development. • Support legislation that provides flexible funding and specific set-asides for tourism and hospitality sectors, including businesses in these sectors and their workers. • Support legislation that creates opportunities for and invests in artists and other creative workers.
• Support legislation/seek funding that supports working families in regard to securing affordable, high-quality childcare.
• Support legislation that provides financial stabilization to local childcare providers to remain operational.

Support legislation and federal resources for cities impacted by the expected increase in visitors due to the LA28 Olympic and Paralympic Games.RACIAL JUSTICE, EQUITY & SOCIAL DIVERSITY • Support legislation that assures everyone the right to equal treatment in all government-sponsored benefits or funded programs.
• Support legislation to protect the civil, fair housing, and equitable employment rights of all persons.
• Support legislation that promotes equal opportunity and treatment for people of all races and addresses systematic racism against African Americans. • Support legislation to preserve and fortify the Deferred Action for Childhood Arrivals (DACA) program.
• Support legislation that calls for comprehensive immigration reform and border security that is thoughtful in manner and guided by our nation's principles of due process, human rights, accountability, and equal protection for all under the law. • Support legislation that promotes LGBTQ+ inclusion and stands firmly against homophobia and transphobia.

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SUSTAINABLE & CONNECTED COMMUNITY
• Support legislation and secure resources for the reduction of greenhouse gas emissions and protection and preservation of our environment and public health. • Support legislation and secure federal resources to enhance the City’s continued investment in renewable energy, green buildings, green public transit and infrastructure, to meet the City’s carbon neutrality goal. • Support legislation and secure federal resources that allow for the creation of sustainable water and wastewater infrastructure, including reuse, treatment, conservation and sustainability, in order to reach the City’s water self-sufficiency goal. • Support legislation and secure federal resources that assist local governments in developing and implementing energy efficiency, conservation, and generation strategies that maximize available resources, reduce costs, and expand community access. • Support legislation and secure federal resources that assist municipalities in their composting, recycling and waste reduction efforts to reach the City’s zero waste goal. • Support legislation and secure resources that assist municipalities in their sustainable procurement, extended producer responsibility and circular economy efforts • Support legislation and secure federal funding that support community resiliency efforts regarding climate change, sea level rise, biological and radiological events. • Support federal incentives that assist local governments in developing and implementing transportation, land use and building policies that encourage maximum use of resources and lower energy consumption.
• Support legislation and secure federal resources to increase usage of green modes of transportation among residents and visitors through infrastructure projects (such as pedestrian and bicycle facilities and transit facility enhancements) and supportive programs (such as safe routes to school and Vision Zero). • Support continued funding of the Federal Highways Program especially the Highway Bridge Rehabilitation Program.
• Support legislation to secure federal rsoursces for roadway maintenance. • Support legislation to provide funding for ADA upgrades (accessible pathway) along the Pier.
• Secure federal resources to adapt infrastructure for Smart City needs (signaling system, transit signal priority, parking system, data sensors, security cameras, autonomous vehicles).
• Support federal resources to expand EV infrastructure, including parking structures and charging stations, and to incentivize property owners to install EV infrastructure in single-family and multi-family dwellings.
• Support legislation that ensures local governments can continue, without preemption, their efforts to electrify buildings and secure resources for alternative energy solutions,

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Attachment: DRAFT-2025-2026 Federal Legislative Platform [Revision 1] (6601 : 2025-26 Federal and State Legislative Platforms) Page | 7
such as solar plus storage, to enhance emergency preparedness, community resiliency, and public facility EVs and charging infrastructure.

For more information:

Charmayne Anderson
Partner
The Ferguson Group
(202) 261-6016
[email protected]

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Attachment: DRAFT-2025-2026 Federal Legislative Platform [Revision 1] (6601 : 2025-26 Federal and State Legislative Platforms) City of Santa Monica
State Legislative Platform
2025-2026

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CITY OF SANTA MONICA
2025-2026 STATE LEGISLATIVE AGENDA
The City of Santa Monica, California is an innovative, progressive, and diverse beachfront community of approximately 93,000 residents on the Southern California coast.

Addressing Homelessness: Prevent housed Santa Monicans from becoming homeless and increase the supply of affordable housing; address the behavioral health needs of vulnerable individuals; and advocate for regional capacity to address homelessness.

Clean and Safe Santa Monica: Create an atmosphere marked by clean and safe public spaces and neighborhoods, including parks for recreation and leisure activities.

Cultivate Economic Recovery & Expand Community and Cultural Offerings: Cultivate economic opportunity and recovery and invest in community and cultural amenities and programs for all community members, focused on expanding opportunities for youth, teens and seniors.

Racial Justice, Equity, and Social Diversity: The City of Santa Monica acknowledges the effects of generational and institutional racism and discrimination, and their consequences that continue to impact our residents and businesses. These lessons of our history cannot be ignored. The City is committed to advancing racial equity and social diversity to improve the wellbeing of people who live, work, learn, play, and do business in our City and creating a community where differences in life outcomes cannot be predicted by race, class, gender identity, disability or other identities. Everyone in Santa Monica must have an opportunity to thrive.

Sustainable and Connected Community: Ensure that City policies and programs enhance our resources, prevent and remedy harm to the natural environment and human health, and benefit the social and economic wellbeing of the community for the sake of current and future generations.

The priorities are reflected in the policy positions outlined below, which also includes other noted goals and objectives separately identified, but consistent with City priorities, to guide engagement with state Legislators and the Governor’s Administration on legislative and regulatory matters.

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ADDRESSING HOMELESSNESS

HOMELESSNESS
 Support legislation and secure resources, either directly or in partnership with other entities, that address and prevent homelessness with innovative strategies that maintain and expand the inventory of affordable and permanent supportive housing; protect low-income renters from discrimination and eviction; promotesincome stability; provide direct services and varied housing options for people experiencing homelessness or at high risk of homelessness.
 Support funding for alternatives to incarceration for adults and youth, regardless of housing status.
 Support legislation to ensure individuals are utilizing Housing First when offered suitable housing options and seeks to minimize individuals declining these resources when they are offered.
 Support legislation that allows for data sharing between municipalities and treatment providers;
 Support legislation that safeguards against the criminalization of homelessness;  Support legislation to expand and add flexibility for affordable housing funding to allow for construction of varied housing types in one development, such as transitional housing paired with permanent supportive housing;  Support legislation to expand affordable housing funding to provide for development of in-patient and higher need beds to ensure individuals are not placed into permanent supportive housing due to lack of other adequate housing options.
 Support a balanced approach in addressing homelessness legislatively that considers the need for assistance and services for people experiencing homelessness while providing for the health, safety, and welfare of all people in Santa Monica, and advocate for regional initiatives involving county, state, and federal governments to reduce chronic homelessness.
 Support legislation that would provide state resources to address and prevent homelessness directly to cities.
 Seek resources for street based multi-disciplinary outreach and street medicine teams for those affected by homelessness and behavioral health issues.  Support state investment for homeless services, homelessness prevention, and rapid re- housing/supportive housing to meet the needs of those experiencing homelessness and the chronically homeless veterans in the City.  Support legislation aimed at reforming the Lanterman-Petris-Short Act so that individuals who are gravely mentally ill can be placed under a court-ordered conservatory to prevent harming themselves or others.
 Support legislation that requires the appointment of local educational agencies to identify homeless youth.
 Support efforts to end youth homelessnessin the state.

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 Support legislation and resources that facilitate the expedited identification, assessment, and linkage of homelessindividuals to housing and supportive services.  Support legislation that allows for appropriate data sharing between municipalities and treatment providers.
 Support legislation thatsafeguards against the criminalization of homelessness.  Support legislation to strengthen the Sargent Shriver Civil Counsel Act, which provides for the Judicial Council to appoint legal representation for unrepresented low-income parties in civil mattersinvolving critical issues affecting basic human needs, including in unlawful detainer matters.
 Support legislation that would allow for the establishment of community paramedicine programs.
 Support legislation that would allow first responders to take those experiencing acute behavioral health crises to alternate destination healthcare facilities.  Support legislation and resources to provide mental health training for public safety officers and to hire behavioral health and other social work professionals for alternative responses to non-violent calls for service.
 Support the Care Act, which creates a new pathway to deliver mental health and substance use disorder services to the most severely impaired Californiansto help prevent them from falling into homelessness or incarceration.  Oppose legislation addressing homelessness that fails to prioritize a housing-first approach as the foundation for effective and sustainable solutions.

HOUSING
 Support increase in funding from the state to develop affordable housing.  Support increase in funding from the state to rehabilitate aging and dilapidated buildings into affordable housing.
 Support legislation and resources that would provide housing and other services for veterans at the West Los Angeles Veterans Administration site.  Support legislation allowing local governments to utilize state facilities such as armories to provide emergency housing to the homeless.
 Support legislation that exempts from CEQA the construction of emergency shelters, supportive housing, and affordable housing, including motel and hotel conversions to transitional housing.
 Support legislation and secure resourcesthat provide for the creation and preservation of affordable housing and permanent supportive housing in the City.  Support legislation and budget resources that fund and support the construction of affordable housing and permanent supportive housing programs.  Support the expedited CEQA administrative and judicial review procedure established by the Jobs and Economic Improvement Through Environmental Leadership Act for “environmental leadership development projects” and expands the Act’s eligibility to include smaller housing projects.
 Support legislation that would call for the zoning and building of affordable housing on

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surplus or underutilized state properties.
 Support legislation that streamlines the RHNA planning process.  Support legislation that establishes a fair and equitable formula for how allocations are made to localities under the RHNA planning process and seek state resources to fund the construction of affordable housing in furtherance of those allocations.  Support legislation and state programs that create an inventory of potentially seismically vulnerable buildings and/or provide funding resources for the seismic retrofit of such properties.
 Support legislation that prohibits discrimination in housing based on veteran or military status.
 Support legislation that repeals Article 34 of the California State Constitution.  Support legislation that incentivizes the supply of social housing and co-housing in the state.
 Support legislation that incentivizes and streamlines the process to construct accessible dwelling units.
 Support legislation that promotes the production of Accessory Dwelling Units (ADUs) in the Coastal Zone by removing onerous parking requirements in existing laws and regulations.
 Support legislation that exempts all urban infill housing development from CEQA.  Support legislation to increase the debt service when cities are developing affordable housing on a city-owned sites.
 Support legislation, and seek amendments to proposed legislation, that recognize the achievements of Pro-Housing Designated Cities by upholding local autonomy over land-use decision and excluding these cities form onerous new regulations, provided they remain in compliance with their HCD-approved housing plans.

CLEAN AND SAFE SANTA MONICA

PUBLIC SAFETY
 Support legislation and resources available to local first responders in the event of wildfires, earthquakes, and other events.
 Support legislation to authorize superior courts to develop and implement mental health courts, which may operate as a pre-trial diversion program or a deferred entry of judgment program.
 Supports legislation that restricts the manufacture, importation, and sale of any device capable of converting an ammunition-feeding device into a high-capacity magazine.  Support legislation that will require a person to apply to obtain, from the Department of Justice, a unique serial number or other mark of identification prior to manufacturing or assembling a firearm in order to restrict the use of “ghost guns”.  Support legislation that restricts the quantity of firearms and ammunition sold in this state, including expanding the list of persons prohibited from purchasing a firearm;

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prohibit individuals under the age of 21 from purchasing a firearm; requiring background checks of those wishing to purchase a firearm; and supporting additional taxes on retailers who sell firearms or ammunition.
 Support legislation that maintains local control on cannabis cultivation, distribution, and sales within the City.
 Support legislation that seeks to eradicate human trafficking.  Support legislation that prohibits a law enforcement agency from authorizing the use of a carotid restraint or choke hold.
 Support legislation that will have the state Department of Justice review local use-offorce policies upon the request of local law enforcement agencies.  Support legislation that promotes alternatives to incarceration and that aim to end systemic racism and disparities in the treatment of people of color within the criminal justice system.
 Support legislation and initiatives that seek to reform the criminal justice system’s sentencing guidelines and practices that have disproportionately impacted people of color.
 Support legislation that improves California’s existing conceal-carry weapon laws to address the U.S. Supreme Court Decision in New York Rifle and Pistol Association v Bruen by ensuring that those carrying firearms in public are law-abiding citizens who do not pose a danger to themselves or others; are at least 21 years of age; and identify certain areas where guns may not be carried.
 Support legislation and resources that support the behavioral health needs and wellbeing of public safety personnel.
 Support legislation that requires adequate funding and resources accompany any proposed training mandates for officers.

PARKS AND OPEN SPACE
 Support legislation and resources to protect and expand access to the City’s beaches.  Support legislation that bans smoking and vaping on state beaches and parks.  Support legislation and resources to protect existing parks, wetlands, community open spaces, and coastal resources.
 Support legislation that provides funding for rehabilitation, development, and capital improvements of local parks and community facilities.
 Support legislation and bond measures that provide grants to local governments to fund parks and capital improvements, as well as recreation programs that enhance the quality of life for residents.

CULTIVATE ECONOMIC RECOVERY & EXPAND COMMUNITY AND CULTURAL OFFERINGS

DIRECT RELIEF FOR LOCAL GOVERNMENTS

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 Support legislation or regulatory efforts to ensure that local governments can provide essential city services in a safe and efficient manner, including securing budget resources to improve existing city infrastructure.
 Support legislation that allocates state revenues to backfill local government loses due to major disruptions or significant emergencies, like pandemics, wildfires, and other disasters. Funding should be determined with an equitable funding formula not solely calculated by population.

BUSINESS ASSISTANCE
 Support legislation that provides funding and other resources to aid in the recovery of the tourism and hospitality sectors, including businesses in these sectors and their workers, resulting from the COVID-19 pandemic or recent wildfires.  Support legislation and administrative effortsto provide regulatory flexibility to allow local businesses to re-open in a safe manner.
 Support legislation that provides local governments more flexibility in permitting outdoor dining and entertainment to support local business and community needs.  Support legislation that streamlines the process and provides incentives for small businesses to open and expand operationsin California while maintaining local control.  Support legislation and funding resourcesto streamline state and local permitting processes for cannabis businesses while maintaining local control.  Support legislation to provide greater protections to businesses in California regarding third-party Americans with Disability Act frivolous claims and lawsuits.  Support legislation to allow municipalities to adopt and incentivize local purchase preferencesin support of buying local, small businesses and minority-owned businesses.

TENANT PROTECTION/ACCESS TO HOUSING
 Support legislation that provides rent relief to commercial and residential tenants impacted by major disruptions or significant emergencies, such as the COVID-19 pandemic or recent wild fires.
 Support legislation and resourcesfor eviction prevention, including legal aid.  Support legislation that protects local governments’ ability to regulate transient residential hosting platforms.
 Support legislation that increasesthe renter’stax credit.  Support legislation that amends or repealsthe Costa-Hawkins Rental Housing Act.  Support legislation that increases tenant protections and eliminates the incentive for property owners to remove rent control eligible properties from the rental market through the Ellis Act or other means.
 Support legislation and secure resources to advance local efforts to advance the goals of the Fair Housing Act including ending the historic racial discrimination in housing and to satisfy Affirmatively Furthering Fair Housing.
 Support legislation and secure resources that expand diverse opportunities for

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affordable home ownership and allow for the transition from renters to owners by residents.
 Support legislation that increases equitable and affordable housing access, with a particular focus on areasthat historically excluded diverse populations and affordable housing.
 Support legislation that facilitates increased housing production in the City without undermining the City's adopted affordability and inclusionary requirements.

ECONOMIC DEVELOPMENT
 Support legislation to implement any new or alternative approaches to replace redevelopment funding mechanisms.
 Support legislation that protectsthe City’stransient occupancy tax revenues.  Support legislation thatstrengthens and expands ongoing revenuesfor the City.  Support legislation and resources that will provide tangible and productive tools and incentives to support job creation and retention.
 Support legislation to increase the amount of state tax creditsfor qualified expenditures of motion pictures in California.
 Support legislation that creates opportunities for and invests in artists and other creative workers.
 Support legislation that streamlines the process and provides incentives for street vendors to go through the applicable local permitting process.  Support legislation and resources to support and encourage partnerships with public schools, colleges, universities, and local municipalities to expand workforce development efforts, with a focus on career pathways and employment in high growth sectors.
 Support legislation that protects and reinforces local authority over taxes and fees, ensuring cities maintain the ability to address community needs effectively

COMMUNITY WELLBEING
 Support legislation and resources that support mental health (e.g., access to psychiatric facilities, behavioral health care treatment, and street-based services).  Support legislation and resourcesfor youth mental health services, including suicide prevention services.
 Support legislation that mandates schools to offer one or more coursesin mental health education in middle school or high school.
 Support legislation that mandates requirement on health plans and disability insurers to cover medically necessary treatment of mental health and substance use disorders under the same terms and conditions applied to other medical conditions.  Support legislation that requires the state Department of Public Health to provide opioid antagonist kits free of charge to as many designated facilities as possible in counties experiencing an opioid overdose crisis, along with easy-to-understand instructions on the administration of the opioid antagonist nasal spray.

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 Support legislation that would require schools (K-12 and Higher Education), stadiums, concert venues, and amusements parks to maintain doses of naloxone hydrochloride or other opioid antagonists.
 Support legislation that authorizes a pharmacist to furnish an opioid antagonist approved by the federal Food and Drug Administration, subject to completion of continuing education on the use of opioid antagonists.
 Support legislation and resources for school and college facility maintenance and construction.
 Support legislation and resources, including bonding authority for library construction and maintenance.
 Support legislation that encourages partnerships between libraries and local school districts.
 Support legislation and resources encouraging the provision of accessible, affordable, high-quality childcare.
 Support legislation and resources to expand the development of quality before- and after-school programs.
 Support legislation that provides for aging with dignity.  Support legislation and resources for local arts activities and historic preservation in community life.
 Support legislation and funding for the restoration and/or enhancement of arts programs in public schools.
 Support legislation that allows for the continuation of virtual public meetings to allow for flexibility and greater participation, particularly during a state of emergency.  Support legislation and funding for community broadband and infrastructure investments in public parks, beaches, libraries and other public facilities, affordable housing developments and neighborhood commercial districts.  Support legislation to address the issue of noise pollution caused by illegally modified or otherwise out of compliance exhaust systems.

RACIAL JUSTICE, EQUITY & SOCIAL DIVERSITY
 Support legislation and resources for the development of restorative justice programs at the state level and in local communities.
 Support legislation that would ensure cities and counties provide adequate opportunities for the development of multi-family mixed-income and affordable housing within high-opportunity areas, while simultaneously protecting and investing in sensitive communities at risk of displacement.
 Support legislation that establishes community anti-displacement and preservation programs.
 Support legislation that limits the circumstances under which local law enforcement officials can interact with and assist federal immigration officials and oppose the use of local resources to aid in federal immigration enforcement efforts.  Support legislation and resources to increase consumer protection efforts, including

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preventing predatory lending.
 Support legislation that would implement a single payer universal health care delivery system.
 Support legislation that requires the state Department of Education to finalize the development of training programs/platforms to support LGBTQ cultural competency training for teachers and other certificated employees and then require one hour of training annually for teachers and certificated employees.  Support legislation that mandates gender-neutral multi-stall bathrooms.  Support legislation to enhance, increase, and expand voting opportunities to eligible voters throughout the state.
 Support legislation and state resources to encourage the development and implementation of cannabis social equity programs designed to enable communities that were negatively impacted by cannabis criminalization to become legal participants in the cannabis marketplace.

SUSTAINABLE & CONNECTED COMMUNITY

CLIMATE CHANGE/SUSTAINABILITY
 Support legislation and secure resources for the reduction of greenhouse gas emissions and protection and preservation of our environment.
 Secure resources to enhance the City’s continued investment in renewable energy, sustainable procurement, green buildings, green public transit and infrastructure, and socially and environmentally responsible businesses to meet our climate goal of being carbon neutral by 2050.
 Support legislation and secure resources that would allow for the creation of sustainable water and wastewater infrastructure that is more resilient with a smaller impact on the environment.
 Support legislation and funding for transportation electrification including electric vehicle charging infrastructure.
 Support a climate resiliency bond that will provide funding for wildfire prevention, safe drinking water, drought preparation, improving ocean water quality, addresses sea-level rise, and provides parks funding.
 Supports legislation and resourcesto address the issue ofsea-level rise.  Support legislation and resources that assist local governments in developing and implementing energy efficiency and conservation strategies that maximize available resources, reduce costs, expand community access, and protect public health.  Support legislation that ensures local governments can continue, and not be preempted in, their efforts to achieve economic improvements through increased energy efficiency and conservation plans that seek to decrease carbon emissions.  Support legislation that calls for the elimination ofsingle use plastics.

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 Support legislation that assists municipalities in their recycling and waste reduction efforts and incentivizes efforts to increase the market for recycling.  Support legislation and regulatory effortsthat call for building electrification.  Support legislation regarding Extended Producer Responsibility programs.  Support legislation and regulatory efforts that strengthen storm water pollution control standards.
 Support legislation strengthening the state’s Renewable Portfolio Standard.  Support the ability of local governments to implement Community Choice Aggregation for the purchase of electricity and oppose legislation that would place new burdens and requirements on the establishment of CCAs and/or procurement activities of CCAs.  Support legislation that expandsthe use of solar energy systems on residential and commercial properties.
 Support legislation focused on water re-use, wastewater treatment, water conservation, and stormwater quality improvements.
 Support legislation and resources that assist local governments in developing and implementing transportation, land use and building policies that encourage maximum use of resources and lower energy consumption.
 Support legislation that would authorize the South Coast Air Quality Management District Board to impose a transaction and use tax within the district to supplement existing revenues to improve and protect air quality.
 Support legislation and revenuesfor energy efficiency and renewable energy projects.  Support legislation and regulatory actions to reduce greenhouse gas emissions from passenger cars and trucks.
 Support effortsto incentivize outdoor water-efficiency programs including droughtfriendly landscaping, while preserving local control.  Support legislation requiring manufacturers to be responsible for safe disposal or for reuse of their products and by-products.
 Support resources for the California Green Business Program to develop standards for local green business certification programs.
 Oppose legislative effortsto impose a statewide water tax or fee.

MOBILITY AND ACCESS
 Support legislation and resources that will improve and enhance mobility throughout the City and the region while ensuring access to a range of equitable transportation options for our residents. This includes local control of our shared mobility programs, ensuring a robust and efficient public transit system, and encouraging active transportation.
 Support legislation and funding resourcesto restore connectivity among communities that have been separated and negatively impacted by freeway construction.  Support legislation that reforms existing state statutes and regulations that impede community connectivity and removes those barriers, thereby promoting an

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environment conducive to attracting investment and fostering economic growth.  Support legislation and resources that would provide the maximum share of funding for local and regional transportation programs.
 Support legislation and funding for the expansion of busservice throughout the Big Blue Bus service area, as well as rail service into the City.  Support legislation that would give transit agencies priority access to electricity when confronted with grid disruptions caused by natural or man-made disasters, rolling blackouts, utility company “Public Safety Power Shutoffs,” or increasing demand on California’s electrical grid.
 Support legislation to reduce or remove demand charges for transit fleet electrification projects.
 Support legislation that would require expanding mandatory data requirementsfor sharing autonomous vehicle incident data with local government in the interest of greater public safety.
 Support legislation to improve the safety of State Route 1 (PCH) and to extend the beach bike path north from the current terminus at Will Rogers State Beach.  Support legislation and resources to transition our Big Blue Busfleet to a zero-emission fleet and build out the necessary charging infrastructure.  Support legislation to create a Division of Active Transportation within the California Department of Transportation and other efforts to prioritize pedestrian and bicyclist safety.
 Support legislation to protect SB 1 (2017) transportation fund from being diverted for other uses.
 Support legislation and resources to streamline and incentivize the deployment of zeroemission passenger vehicles and the build-out of electric vehicle charging infrastructure.  Support legislation for State to explore building electric vehicle charging infrastructure on underutilized state property.
 Support legislation and resourcesfor the maintenance and upgrade of pedestrian bridges and the beach bike path.
 Support legislative efforts to reduce traffic fatalities through the use of alternate methodologies for determining speed limits.
 Support legislation and resourcesfor traffic enforcement and pedestrian safety.  Support legislation that provides local governments authority to enact “Slow Streets” to limit vehicular traffic and encourage recreational uses.  Support legislation to pilot automated speed enforcement camerasto enhance the safety of vulnerable roadway users while addressing equity and privacy issues.  Support legislation that continues the state’s involvement in the Safe Routes to School program.
 Support legislation to improve speed in bus lanes through the implementation of an automated bus lane enforcement program.
 Support legislation that exempts from CEQA various transit-related projects such as pedestrian and bicycle facilities projects, transit prioritization projects, and projectsfor

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the institution or increase of new bus rapid transit, bus, or light rail service on existing public rights of-way or existing highway rights-of-way.  Support legislation that restores and strengthens local governments' authority over parking enforcement, including towing, and the management of fines and fees for parking citations, enabling cities to effectively address local parking needs  Oppose legislation that would restrict local control over the operation of shared mobility devices in the City, including a City’s ability to collect the data necessary to maintain safe, equitable program operations and to effectively manage the public right of way, with appropriate privacy safeguards in place.

ADDITIONAL PRIORITIES
MISC.
 Support legislation that bans the importation, sale, or intent to sell of any part or product of an exotic animal, regardless of when the parts or dead body were imported.  Support legislation that prohibits the unnecessary and harmful practice of the declawing of animals in the state of California.
 Support legislation that promotes the humane and effective management of rodent populations, prioritizing methods that minimize harm to animals and the environment  Support legislation that provides flexibility to local governments regarding the rules around meetings held via teleconference.
 Support legislation that extends the timeline to complete public records requests from 10 calendar days to at least 10 business days to address limited staff resources at the City level.

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Report
City Council Meeting: January 28, 2025
Agenda Item: 5.B
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To: Mayor and City Council
From: Oscar Santiago, Director, Finance Department
Subject: Approval of Annual Reporting of Development Impact Fees and Adoption of Resolution Making Five-Year Findings as to the Affordable Housing Commercial Linkage Fee and Parks and Recreation Development Impact Fee Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;

Summary
Santa Monica collects Council authorized fees from developers to fund investments in childcare, transportation, parks, affordable housing, and water conservation. The City also uses these funds to meet the City’s match requirement when seeking grant funding that further offsets costs for City projects.

This report transmits the attached Development Impact Fees Report on the status of funds collected from the City’s development impact fees, including investments made in the last year, that qualify to be reported under the Mitigation Fee Act (Government Code sections 66000-66025) (Attachment A). This Annual Report also provides the required annual reporting for the Child Care Linkage Fee per SMMC section 9.65.090.

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Government Code 66001(d) requires the City Council to make findings every five years after a development fee is established. The Affordable Housing Commercial Linkage Fee and the Parks and Recreation Impact Fee are due to be reported this year under the five-year requirement. Staff is requesting that the City Council approve and adopt the proposed resolution (Attachment B) making the necessary findings for the Affordable Housing Commercial Linkage Fee and the Parks and Recreation Impact Fee.

Discussion
In 1987, Assembly Bill 1600 (AB1600), also known as the California Mitigation Fee Act, codified the legal and procedural parameters for charging development impact fees as set forth in Government Code sections 66000-66025. A development impact fee is a monetary exaction, other than a tax or special assessment, that an applicant of an approved development project pays to defray all or a portion of the costs of public facilities related to the project. The Mitigation Fee Act defines “public facilities” broadly to include public improvements, public services, and community amenities.

At the time that a development impact fee is established, the purpose of the fee and its anticipated use must be clearly identified. Per Government Code section 66006, collection of these fees requires separate funds or accounts to avoid commingling and requires that information be reported within 180 days after fiscal year-end.

The City publicly posted the annual Mitigation Fee Act Report, as required by AB1600, on December 27, 2024, for the following fees: Child Care Linkage Fee, Transportation Impact Fee, Parks and Recreation Impact Fee, Affordable Housing Commercial Linkage Fee, and Water Demand Mitigation Fee. Per Government Code section 66001, the City must also report on unexpended and expended fee amounts, whether committed or uncommitted, for the fifth fiscal year following the first deposit and every five years thereafter. This year, the Affordable Housing Commercial Linkage Fee and the Parks and Recreation Impact Fee are subject to the five-year reporting.

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Staff continues to monitor development projects and revenue collected to ensure that fees are accounted for and expended in accordance with the purposes for which they were collected as required by law. It can take several years to accumulate sufficient funds to implement the relatively high-cost projects the City's development impact fees are eligible to fund. Due to recent changes in State law (SB 937) effective January 1, 2025, development impact fees on certain residential projects are no longer collected prior to issuance of development building permits, but rather at the issuance of the certificate of occupancy. It is expected that this change will create a temporary reduction in development impact fee collection for several years. The following is a summary of each development fee, the current balance, and a description of how funds are being spent:

1. Child Care Linkage Fee – This fee is intended to address the increased demand for childcare triggered by the development of commercial projects adding floor area of at least 7,500 square feet or multi-family residential projects. Developers can satisfy the ordinance requirements by either paying a fee or by agreeing to participate in the construction or establishment of one or more childcare facilities. Fees are computed annually on July 1, increasing by a percentage equal to the Engineering Construction Cost Index as published by Engineering News Record. Child Care Linkage Fees (CCLF) shall be paid by the final inspection date and prior to the issuance of the Certificate of Occupancy.

SMMC section 9.65.070 specifies that funds collected in the Child Care Linkage Fee Reserve Account shall be expended only on the construction and establishment of childcare facilities within the City of Santa Monica, including, but not limited to, expenditures for land acquisition, planning, legal advice, engineering, design, construction and equipment, as well as any administrative costs incurred by the City to administer the reserve account. Eligible expenditures shall not include ongoing operating expenses and general maintenance of childcare facilities.

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FY 2023-24 Fee Activity
In 2021, the balance of the Child Care Linkage Fee (CCLF) fund reserve account was fully expended on construction of the Santa Monica Early Childhood Lab School, which created 106 new childcare slots in Santa Monica, including 38 for infants/toddlers, and 68 for preschool-aged children. Staff are releasing a Request for Proposals to conduct an updated child care linkage fee study to be completed during calendar year 2025, which will help identify the most effective way to expend existing and future funds.

2. Transportation Impact Fee (TIF) – This fee is collected on eligible new development and changes in land use that result in increased trip generation.

The fees are based on residential units or commercial square footage and are charged prior to issuance of building permits, unless State law requires the City to accept later fee payment. The TIF is based upon the costs associated with transportation improvements and the amount of new auto trips that can be attributed to land use changes.

Funds collected are used to fund transportation improvements, such as sidewalks, pedestrian crossing improvements, traffic signal upgrades, transit, and bicycle facilities, per SMMC Chapter 9.66. Funds are frequently leveraged as grant match for projects such as Safe Streets for 17th Street and implementation of the Wilshire Boulevard Safety Study recommendations.

Grant projects have longer delivery times but increase the number and size of improvements resulting from use of these fees. Grant matching was assumed in the fee calculation and nexus study supporting the development of the TIF.

FY 2023-24 Child Care Linkage Fee
Beginning
Balance
Fees
Collected
Interest
Earned
Expenditures Refunds Ending Balance
$1,433,680 $41,487 $32,585 $0 $79,645 $1,428,107

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FY 2023-24 Transportation Impact Fee
Beginning
Balance
Fees
Collected
Interest
Earned
Expenditures Refunds
Ending
Balance
$11,807,237 $391,442 $72,725 $3,548,805 $342,947 $8,379,652 In FY 2023-24, $3,548,805 of TIF funds were expended on capital improvement project delivery, including tools to analyze crash reports to determine safety countermeasures, project design, right of way, required studies, prevailing wage monitoring, utility coordination, construction management and engineering support services, and construction to implement Vision Zero improvements associated with the following projects:
• 4th St Enhancements – Expo Linkages, Phase 2: $493,751 • Michigan Ave Greenway / 20th St Bike Connection: $755,785 • Pico Blvd / SMC Pedestrian Safety Improvements: $4,831 • Multimodal Signal Detection: $24,529
• Wilshire Blvd Safety Improvements, Ocean Ave Protected Bikeway, Crosswalk improvements: $2,269,779
• Safe Routes at Four Schools: $130
State law requires that TIF funds be used for the delivery of physical improvements.

These projects require significant time for project delivery because of local design, outreach and procurement steps, and State and Federal grant funding approval processes. TIF funds are pre-committed to projects for an extended time as a result, and funds need to be held available for upcoming grant match commitments. Staff anticipates using portions of the fund balance to support longer-term projects identified in the TIF nexus study such as bike facilities, sidewalks, and safe crossings. This information along with additional project and expenditure information is available in Attachment A.

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3. Parks and Recreation Impact Fee – This fee is collected from new residential and commercial development for the upgrade and/or expansion of parks and recreation facilities needed to accommodate additional occupants per SMMC Chapter 9.67.

FY 2023-24 Fee Activity
FY 2023-24 Parks and Recreation Impact Fee
Beginning
Balance
Fees
Collected
Interest
Earned
Expenditures Refunds
Ending
Balance
$6,385,590 $980,302 $125,165 $563,375 $16,345 $6,911,337 In FY 2023-24, a total of $563,375 was expended. Of the total, $38,524 was spent on the Citywide Park Condition Assessment; $3,269 on Beach Park #1 Playground Equipment Replacement; $45,791 was used on Park Improvements; $130 was spent Marine Park Basketball Court Surface Reconstruction; $435,999 was spent on Airport Conversion Planning; and $39,662 was spent on the Marine Park Basketball Court Improvements which was completed and funded 100% with Parks and Recreation Impact Fees. The Playground Safety Upgrades at Marine Park were completed, with a total project cost of $1,184,150 spanning over 3 fiscal years. 80% of the total project cost was funded with Parks and Recreation Impact Fees.

Included in the FY 2023-25 Adopted Budget, a total of $664,600 was allocated to the reconstruction of two basketball courts at Marine Park ($414,600) and to address parks and playground safety enhancements ($250,000), as per the Park Condition Assessment. Work on the basketball courts is expected to start in Spring 2025 and finish in Summer 2025. Construction of park enhancements has begun and will continue through the prioritization of projects identified through interdepartmental review of the Park Condition Assessment.

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As part of the FY24-26 Biennial Budget, a total of $2,588,000 was allocated to projects that will begin in FY24-25. Of the total, $888,000 was allocated to Airport Conversion Planning Staff ($222,000 annually through 2028) via December 2023 Council approval; $450,000 has been allocated to the Parks and Recreation Master Plan, a 20-year park network vision and planning document last updated in 1997; $250,000 has been allocated to Park Improvements; and $1,000,000 has been allocated to match CDBG funding (as per grant requirements) for the Virginia Avenue Park Playground Reconstruction. $605,247 will be leveraged for design and construction of park amenities.

Staff continues to evaluate potential park-based projects such as construction of essential equipment and infrastructure to maintain access to open spaces as the City continues to grow. Staff also actively utilize this funding to meet local match requirements when applying for grants as exemplified through the Virginia Avenue Park Playground Reconstruction. This enables the City to maximize available funding for priority projects. Projects are prioritized based on health, safety, and community benefit criteria and are presented to Council as part of the proposed Capital Improvement Program budget. Staff anticipates that future available funding would be used for projects at Memorial Park and Clover Park; set aside for annual park improvements, including implementation of emergency projects identified by the Park Condition Assessment; projects and pilot programs identified through the Parks and Recreation Master Plan process; court, field, and existing amenity improvement and expansion projects; local match requirements when applying for grants; and to support ongoing playground safety upgrades.

4. Affordable Housing Commercial Linkage (AHCL) Fee – To offset the additional need for affordable housing generated by new commercial development, the City adopted the AHCL fee, per SMMC Chapter 9.68 on June 23, 2015, to contribute to the creation of affordable housing production and preservation.

The City utilizes this funding for the production and preservation of affordable

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housing by issuing loans to nonprofits for the acquisition of property, new construction, or rehabilitation of existing buildings within the City. In FY 2023- 24, no fees were disbursed.

FY 2023-24 Fee Activity
AHCL fees are one of several funding sources deposited into the Citywide Housing Trust Fund. As affordable housing projects are identified and reviewed by staff, these funds are considered for use as part of each project’s funding mix. A portion has been dedicated to a specific new development. Staff will continue to work to identify affordable housing developments that could utilize this funding. Final funding mixes for these developments will be decided as development proposals are refined and financial feasibility determined. As of August 2024, the City plans on committing $1.0M of these funds to assist in the financing of an acquisition and rehabilitation loan at the 2033-2101 Virginia Avenue project.

5. Water Demand Mitigation Fee – On March 19, 1991, the City Council adopted Resolution 8196 (CCS) which established a one-time fee to mitigate the total daily water consumption rate projected for new development (Water Demand Mitigation Fee). The Water Demand Mitigation Fee was set at $3.00 for each gallon of daily water demand that must be mitigated. The Water Demand Mitigation Fee is required when: a new single-family residence is constructed or there is an addition of 50% or more to existing square footage; for construction of a new multi-family building or addition of new units; for construction of a new non-residential building or whenever there is a change of use, change or addition to new plumbing fixtures, addition of restaurant seating, or addition of FY 2023-24 Affordable Housing Commercial Linkage Fee
Beginning
Balance
Fees
Collected
Interest
Earned
Expenditures Refunds Ending Balance
$2,322,234 $61,607 $52,785 $0 $106,630 $2,329,996

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square footage. On July 1, 2017, the Water Neutrality Fee replaced the Water Demand Mitigation Fee.

FY 2023-24 Fee Activity
In FY 2023-24, $63,778 was expended on the Recycled Water Main Expansion Project.

Staff anticipates using the available balance of $256,564 to complete the Recycled Water Main Expansion Project.

This is not a close out of the developer fee. The City will continue to collect Water Demand Mitigation revenues for permit applications submitted prior to July 1, 2017, and will continue to report on it until all funds are expended.

Environmental Review
This report is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines, which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” This report is administrative in nature, and no action is being undertaken. Therefore, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action.

FY 2023-24 Water Demand Mitigation Fee
Beginning
Balance
Fees
Collected
Interest
Earned
Expenditures Refunds
Ending
Balance
$320,342 $0 $0 $63,778 $0 $256,564

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Prepared By: Robert Garcia, Financial Reporting And Systems Administrator Approved Forwarded to Council
Attachments:

A. Attachment A - Development Impact Fees Report (2024) B. Attachment B - Resolution Adopting Five-year Findings for Affordable Housing Commercial Linkage and Parks and Recreation Development Impact Fee

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(A) A brief description of the type of fee in the account or fund. (B) The amount of the fee.

Project Fee
Retail $12.79 per square foot
Office $14.70 per square foot
Hotel/Lodging $4.03 per square foot
Hospital $8.06 per square foot
Industrial $9.88 per square foot
Creative Office $12.58 per square foot
Medical Office $9.04 per square foot
Institutional $13.42 per square foot
(C) The beginning and ending balance of the account or fund and (D) The amount of the fees collected and the interest earned.

FISCAL
YEAR

BEGINNING
FUND BALANCE FEES COLLECTED INTEREST EARNED EXPENDITURES REFUNDS*

ENDING FUND

BALANCE
FY 2023-24 2,322,234 $ 61,607 52,785 106,630 $ 2,329,996 *Refund due to COVID-19 and prior City Council Resolution. (H) The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocation pursuant to subdivision (f) of Section 66001.

For each separate account or fund established pursuant to subdivision (a), the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the following information for the fiscal year:

City of Santa Monica
Development Impact Fees Report Pursuant to the Mitigation Fee Act Fiscal Year Ended June 30, 2024
Affordable Housing Commercial Linkage Fee
For the purpose of compliance with Government Code subsection 66006(b)(1), the following information regarding AB 1600 fees is presented:

Affordable Housing Commercial Linkage Fee - A fee paid to the City by an applicant for approval of certain development projects to contribute to the creation of affordable housing production or preservation to offset additional need for affordable housing generated by new commercial development.
(E) Identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. Note: The percentage will be reported upon completion of the project/s.

No expenditures were incurred during this reporting period.

F) An approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete.
(G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan.

Sufficient funds are available to assist in the financing of an acquisition and rehabilitation loan beginning August 2024. The City is in the process of identifying additional eligible projects.

No interfund transfers or loans were made during the fiscal year from this fund.

No refunds were made during the fiscal year pursuant to Gov. Code 66001 (e).

Attachment A

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Attachment: Attachment A - Development Impact Fees Report (2024) (6643 : Annual Report of Impact Fees & Resolution on Five-Year Findings Affordable Housing Commercial Linkage Fee
Additional Information is being provided regarding this fee:

Local Funds Misc. Grants Fund
$30,072,856 $0
$30,072,856 $0
Local Funds Misc. Grants Fund
Funds Available N/A
(1) Identification of the purpose to which the reportable fees are to be put.

The purpose of the Affordable Housing Commercial Linkage Fee is to ensure that new commercial development contributes to costs of providing affordable housing necessary as a result of commercial development (creative office space, hotel, retail and entertainment, medical, industrial/light manufacturing, institutional, and hospitals) which creates a variety of new jobs with varied degrees of compensation for workers. The addition of new workers in new commercial developments generates housing demands for households at extremely low, very low, low, and moderate incomes. New market rate housing development projects in the City have provided a disproportionate quantity of housing units that are not affordable to all income groups creating an unbalanced housing stock. Funds for construction, expansion or improvement of affordable housing, including Federal and State housing finance and subsidy programs, are not available to accommodate the needs caused by new commercial development projects. (2) Demonstration of a reasonable relationship between the reportable fees and the purposes for which they are charged.

The Fee is based on a nexus study that demonstrates the reasonable relationship between the purpose of the Affordable Housing Commercial Linkage Fee, the fee amount, the revenue generated, and the impacts of commercial development that the proposed use of that revenue is intended to address. The Affordable Housing Commercial Linkage Fee collected from new commercial development is designed to assist in the production or preservation of affordable housing. (3) Identification of all City sources and amounts of funding to complete financing of the projects as identified by the City.

Project Affordable Housing Commercial Linkage Fee
2033‐2101 Virginia Avenue $1,000,000
Funds to be leveraged for the production or
preservation of affordable housing $1,329,996
Total $2,329,996
(4) Identification of the approximate dates on which the funding referred to in item 3 is expected to be deposited into the appropriate account or fund.

Project Affordable Housing Commercial Linkage Fee
2033‐2101 Virginia Avenue Funds Available
Attachment A

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Attachment: Attachment A - Development Impact Fees Report (2024) (6643 : Annual Report of Impact Fees & Resolution on Five-Year Findings (A) A brief description of the type of fee in the account or fund. (B) The amount of the fee.

Project Fee
Residential $182.67 per unit
Hotel $4.35 per square foot
Retail $6.20 per square foot
Office $8.67 per square foot
(C) The beginning and ending balance of the account or fund and (D) The amount of the fees collected and the interest earned.

FISCAL
YEAR

BEGINNING
FUND BALANCE FEES COLLECTED INTEREST EARNED EXPENDITURES REFUNDS* ENDING FUND BALANCE FY 2023-24 1,433,680 $ 41,487 32,585 79,645 $ 1,428,107 *Refund due to COVID-19 and prior City Council Resolution.

No interfund transfers or loans were made during the fiscal year from this fund.

No refunds were made during the fiscal year pursuant to Gov. Code 66001 (e).

No expenditures were incurred during this reporting period.

City of Santa Monica
Development Impact Fees Report Pursuant to the Mitigation Fee Act Fiscal Year Ended June 30, 2024
Child Care Linkage Fee
For the purpose of compliance with Government Code subsection 66006(b)(1), the following information regarding AB 1600 fees is presented:
(G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan.
(H) The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocation pursuant to subdivision (f) of Section 66001.

Child Care Linkage Fee - The purpose of the Child Care Linkage Fee (CCLF) imposed and collected on development of commercial projects adding floor area of at least 7,500 square feet or multi-family residential projects development within the City since fiscal year 2011-2012 is to fund property acquisition, development, and construction of child care facilities in order to create new child care spaces. (E) Identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. Note: The percentage will be reported upon completion of the project/s.

The City completed the Early Childhood Lab School Project in FY2020-21. However, the unmet need for childcare facilities created by development remains. City staff is in the process of selecting and retaining expert consultants to evaluate the landscape and potential gaps, and identify the most effective way to allocate both existing and future funds to meet current unmet needs.

Attachment A

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Attachment: Attachment A - Development Impact Fees Report (2024) (6643 : Annual Report of Impact Fees & Resolution on Five-Year Findings (A) A brief description of the type of fee in the account or fund. (B) The amount of the fee.

Project Fee
Single Family
Residential $10,017.99
Multi-Family
Residential - Studio/1
Bedroom
$5,428.81
Multi-Family
Residential - 2+
Bedrooms
$8,744.09
Retail $1.96 per square foot
Office $3.03 per square foot
Medical Office $1.67 per square foot
Lodging $4.08 per square foot
Industrial $1.70 per square foot
(C) The beginning and ending balance of the account or fund and (D) The amount of the fees collected and the interest earned.

FISCAL
YEAR

BEGINNING FUND
BALANCE FEES COLLECTED INTEREST EARNED EXPENDITURES REFUNDS* ENDING FUND BALANCE FY 2023-24 $ 6,385,590 980,302 125,165 563,375 16,345 $ 6,911,337 *Refund due to COVID-19 and prior City Council Resolution.

Development Impact Fees Report Pursuant to the Mitigation Fee Act For each separate account or fund established pursuant to subdivision (a), the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the following information for the fiscal year:

City of Santa Monica
Fiscal Year Ended June 30, 2024
Parks and Recreation Development Impact Fee
For the purpose of compliance with Government Code subsection 66006(b)(1), the following information regarding AB 1600 fees is presented:

Parks and Recreation Development Impact Fee - The purpose of the fee is to provide a direct funding source from new residential and commercial development to be used solely for the acquisition and development of open space, parkland, and recreation facilities to meet demand generated by occupants and users of the new development.
(E) Identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. Note: The percentage will be reported upon completion of the project/s. (F) An approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete. (G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan. (H) The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocation pursuant to subdivision (f) of Section 66001.

In FY 2023-24, Parks and Recreation Development Impact Fees were expended on the following public improvements:
> $3,269 was spent on playground equipment at Beach Park #1 - This project is ongoing > $39,662 was spent on the Marine Park Basketball Court Improvement - This project was completed using 100% Parks and Recreation Development Impact Fee fund.
> $38,524 was spent on the Park Condition Assessment - This project is ongoing > $435,999 was spent on Airport Conversion Planning - This project is ongoing > $130 was spent on Marine Park Basketball Court Surface Construction - This project is ongoing > $45,791 was spent on Park Improvement Program - This project is ongoing > Memorial Park Design Services to advance the master plan expansion of the park. Design expected to begin FY2024-25. > Senior Design and Planning Manager to oversee the Airport Conversion Project. Allocation expected to be annual through 2028. > Park and Recreation Master Plan. Planning to begin FY2024-25. > Park Improvements and projects related to the Park Condition Assessment. Construction to begin FY2024-25. > Virginia Avenue Park Playground Reconstruction. Design expected to begin FY2024-25.

No interfund transfers or loans were made during the fiscal year from this fund.

No refunds were made during the fiscal year pursuant to Gov. Code 66001 (e).

Attachment A

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Attachment: Attachment A - Development Impact Fees Report (2024) (6643 : Annual Report of Impact Fees & Resolution on Five-Year Findings Parks and Recreation Development Impact Fee
Additional Information is being provided regarding this fee:

Local Funds Misc. Grants Fund
$0 $0
$0 $1,443,700
$10,376 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $1,100,000
$0 $0
$10,376 $2,543,700
Local Funds Misc. Grants Fund
NA NA
NA Funds Available
Funds Available NA
NA NA
NA NA
NA NA
NA NA
NA NA
NA NA
NA NA
NA Fund Available
Funds to be leveraged for design and construction of Fund Available NA NA Park and recreation master plan Funds Available
Park Improvement Program Funds Available
Virginia Ave Playground Reconstruction Funds Available
Park Improvement Program Funds Available
Memorial Park Design Funds Available
Senior Design and planning manager Funds Available
Playground Equipment at Beach Park #1
Douglas Park Playground Reconstruction
$700,000
Marine Park Basketball Court Surface Reconstruction
Park Improvement Program $204,209
Total $6,911,337
Memorial Park Design
Funds Available
Funds Available
Senior Design and Planning Manager $888,000
Park and Recreation Master Plan
Park Improvement Program
$450,000
(1) Identification of the purpose to which the reportable fees are to be put.

The Parks and Recreation Development Impact Fee program ensures continued improvements and responsible expansion in parks and recreation capital facilities in the City as new growth occurs. Fee revenues are used to help fund design and construction of new parks and recreation facilities and amenities, including maintenance of existing facilities, in response to the increased demand. (2) Demonstration of a reasonable relationship between the reportable fees and the purposes for which they are charged.

A nexus study was completed providing the necessary technical documentation to support adoption and implementation of Santa Monica's Parks and Recreation Development Impact Fee, finding that new development, whether residential or non-residential, within the City will increase the demand for and use of parks and recreation facilities. Each new development project generates increased use of the City's parks and recreation facilities by new residents, workers, and/or visitors and new revenues to fund necessary capital investments in new and existing parks and recreation facilities maintain recreation service standards.

By applying the proportionate increase in service population associated with new development to the existing service standard, and value of parks and recreation facilities, a parks and recreation capital facilities cost estimate was derived and a resulting maximum, supportable parks and recreation fee schedule was established. As a result, the fee program cost estimates are directly proportional to the relative increase in new development. (3) Identification of all City sources and amounts of funding to complete financing of the projects as identified by the City.

Project Park and Rec Impact Fee
Playground Equipment at Beach Park #1
Douglas Park Playground Reconstruction
Park Condition Assessment
$188,289
$486,225
$60,796
Airport Conversion Planning
(4) Identification of the approximate dates on which the funding referred to in item 3 is expected to be deposited into the appropriate account or fund.

Project Park and Rec Impact Fee
$1,664,001
$414,570
Virginia Ave Playground Reconstruction
$250,000
$1,000,000
Funds to be leveraged for design and construction of
park amenities $605,247
Park Condition Assessment
Airport Conversion Planning
Funds Available
Funds Available
Marine Park Basketball Court Surface Reconstruction Funds Available Attachment A

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Attachment: Attachment A - Development Impact Fees Report (2024) (6643 : Annual Report of Impact Fees & Resolution on Five-Year Findings (A) A brief description of the type of fee in the account or fund. (B) The amount of the fee.

Project Fee
Single Family,
Area 1 $10,387.10 per unit
Single Family,
Area 2 $10,660.44 per unit
Multi-Family, Area
1 $3,553.48 per unit
Multi-Family, Area
2 $4,510.19 per unit
Multi-Family, Area
3 $3,554.01 per unit
Retail, Area 1 $28.71 per square foot
Retail, Area 2 $41.13 per square foot
Office, Area 1 $13.26 per square foot
Office, Area 2 $14.76 per square foot
Medical Office,
Area 1 $38.40 per square foot
Medical Office,
Area 2 $40.73 per square foot
Hospital, Area 1 N/A
Hospital, Area 2 $20.09 per square foot
Lodging, Area 1 $4.91 per square foot
Lodging, Area 2 $4.91 per square foot
Industrial, Area 1 $1.63 per square foot
Industrial, Area 2 $1.79 per square foot
Auto Sales and
Display Areas,
Area 1 $1.63 per square foot
Auto Sales and
Display Areas,
Area 2 $1.79 per square foot
For each separate account or fund established pursuant to subdivision (a), the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the following information for the fiscal year:

Residential (dwelling unit)
Non-Residential (sq. ft.)
Transportation Impact Fee - The City Council adopted an ordinance on February 26, 2013 that established a Transportation Impact Fee for new development and intensified land uses that will fund transportation network improvements such as new sidewalks, crosswalks, traffic signal upgrades, bus stops, transportation demand management, and bicycle facilities that are necessitated by the new trips associated with the land use change. The fees are based on a nexus study and calculated using residential units or commercial square footage and are increased annually by Construction Cost Index. Due to California State Assembly Bill No. 602 passed in 2021 the fee is no longer charged prior to issuance of building permits, but rather at the issuance of a certificate of occupancy. The Transportation Impact Fee reflects the costs associated with transportation network improvements and the amount of new auto trips that can be attributed to land use changes.

City of Santa Monica
Development Impact Fees Report Pursuant to the Mitigation Fee Act Fiscal Year Ended June 30, 2024
Transportation Impact Fee
For the purpose of compliance with Government Code subsection 66006(b)(1), the following information regarding AB 1600 fees is presented:

Attachment A

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Attachment: Attachment A - Development Impact Fees Report (2024) (6643 : Annual Report of Impact Fees & Resolution on Five-Year Findings City of Santa Monica
Development Impact Fees Report Pursuant to the Mitigation Fee Act Fiscal Year Ended June 30, 2024
Transportation Impact Fee
(C) The beginning and ending balance of the account or fund and (D) The amount of the fees collected and the interest earned.

FISCAL
YEAR

BEGINNING
FUND BALANCE FEES COLLECTED INTEREST EARNED EXPENDITURES REFUNDS* ENDING FUND BALANCE FY 2023-24 11,807,237 $ 391,442 72,725 3,548,805 342,947 $ 8,379,652 *Refund due to COVID-19 and prior City Council Resolution.

Project Name
(E) Identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. Note: The percentage will be reported upon completion of the project/s.

In FY 2023-24, $3,548,805 of TIF funds were expended on capital improvement project delivery, including tools to analyze crash reports to determine safety countermeasures, project design, right of way, required studies, prevailing wage monitoring, utility coordination, construction management and engineering support services, and construction to implement Vision Zero improvements associated with the following projects:
> 4th St Enhancements – Expo Linkages, Phase 2: $493,751 > Michigan Ave Greenway / 20th St Bike Connection: $755,785 > Pico Blvd / SMC Pedestrian Safety Improvements: $4,831 > Multimodal Signal Detection: $24,529
> Wilshire Blvd Safety Improvements, Ocean Ave Protected Bikeway, Crosswalk Improvements: $2,269,779 > Safe Routes at Four Schools: $130
Project Progress
Wilshire Boulevard Safety Improvements -
Phase 2 FY24-25
Ongoing
Safe Routes to School - 6-Schools
Pedestrian Safety Improvements FY24-25
Citywide Vision Zero Improvements via
Annual Repaving Project (Wilshire
Boulevard Safety Improvements - Phase 1,
Ocean Avenue Protected Bikeway,
Crosswalk Renewal Program, Vision Zero
Priority Intersections)
Broadway Protected Bikeway - 5th Street to
26th Street Ongoing
Olympic Blvd First/Last Mile Improvements
to Bergamot Station FY23-24
Ongoing
Ongoing 4th Street Enhancements - Expo Linkages,
Phase 2
Pearl Street Preliminary Design
Michigan Avenue Greenway 20th Street
Bike Connection
FY25-26
Stewart-Pennsylvania Safety Enhancement
Project FY23-24
In FY 2023-2024, approximately $3.3 million of TIF funds is programmed to implement various roadway safety measures including Safe Routes to School – Pedestrian Improvements at Six Schools; various protected bikeways including extending the Broadway protected bikeway, Stewart Street safety enhancements, Olympic Blvd/26th Street First Last Mile Connections and the priority projects identified in the Bike Action Plan Amendment; the Santa Monica Blvd Safety Study; and completion of 4th Street Enhancements and Michigan Avenue Greenway/20th Street Connection. In FY 2024-25, approximately $1.9 million will be programmed to planning and/or construction of the Broadway protected bikeway and Wilshire Blvd Safety Improvements Phase 2. Finally, funds are reserved annually for salary of the construction manager position responsible for overseeing these projects and Transportation Engineering support.

Santa Monica Blvd Safety Improvements FY24-25
Attachment A

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Attachment: Attachment A - Development Impact Fees Report (2024) (6643 : Annual Report of Impact Fees & Resolution on Five-Year Findings City of Santa Monica
Development Impact Fees Report Pursuant to the Mitigation Fee Act Fiscal Year Ended June 30, 2024
Transportation Impact Fee
No refunds were made during the fiscal year pursuant to Gov. Code 66001 (e). (G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan.
(H) The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocation pursuant to subdivision (f) of Section 66001.

Two interfund transfers were made during the FY 23-24 for Construction Management and Transportation Engineering support services of TIF funded projects:
>Transportation Engineering support: $16,966
>Construction Management support: $7,562
Attachment A

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Attachment: Attachment A - Development Impact Fees Report (2024) (6643 : Annual Report of Impact Fees & Resolution on Five-Year Findings (A) A brief description of the type of fee in the account or fund. (B) The amount of the fee.

Fee
$990.00
$315.00
$375.00
$570.00
$750.00
$900.00
To be determined by
the Civil Engineering
Plan Checker
(C) The beginning and ending balance of the account or fund and (D) The amount of the fees collected and the interest earned.

FISCAL YEAR

BEGINNING FUND

BALANCE FEES COLLECTED INTEREST EARNED EXPENDITURES ENDING FUND BALANCE FY 2023-24 $ 320,342 0 0 63,778 $ 256,564
No interfund transfers or loans were made during the fiscal year from this fund.

No refunds were made during the fiscal year pursuant to Gov. Code 66001 (e).

City of Santa Monica
Development Impact Fees Report Pursuant to the Mitigation Fee Act Fiscal Year Ended June 30, 2024
Water Demand Mitigation Fee
For the purpose of compliance with Government Code subsection 66006(b)(1), the following information regarding AB 1600 fees is presented:
$1,127,540 was appropriated to the Recycled Water Main Expansion Project. Construction began December 2020 and is expected to be completed mid 2025.
(G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan. (H) The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocation pursuant to subdivision (f) of Section 66001.

The Water Demand Mitigation Fee - A one-time fee the City charges new development to mitigate the total daily water consumption rate projected for the development. The total daily water demand for the project is calculated using standard water demand factors which have been developed by City staff. The water demand mitigation fee is set at $3.00 for each gallon of daily water demand which must be mitigated. Effective, July 1, 2017, the Water Demand Mitigation Fee was replaced with the Water Neutrality Fee. The City will continue to collect Water Demand Mitigation revenues for permit applications submitted prior to July 1, 2017 with the following exception: Any new development applications for a building permit filed on or before November 27, 2018, that only results in a change of use of less than 6,000 square feet and/or an addition of less than 1,500 square feet, will be required to pay the water demand mitigation fee in effect as of November 27, 2018.

This fee is required when:
• Single-Family Residence -- for construction of a new residence or whenever adding 50% or greater to the square footage. • Multi-Family -- for construction of a new building or whenever new units are added. • Non-Residential -- for construction of a new building or whenever there is a change of use, changing or adding plumbing fixtures, or adding restaurant seats or square footage.

Multi-Family (condominium fees same as
apartments):
(E) Identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. Note: The percentage will be reported upon completion of the project/s.

In FY 2023-24, $63,778 of Water Demand Mitigation Fees were expended on the Recycled Water Main Expansion Project.

Single-Family
Duplex (2 Apartments):

Non-Residential:

Project
Studio/Single Apartment:
1 Bedroom Apartment:
2 Bedroom Apartment:
3 Bedroom Apartment:

Attachment A

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Attachment: Attachment A - Development Impact Fees Report (2024) (6643 : Annual Report of Impact Fees & Resolution on Five-Year Findings Attachment B
1 City Council Meeting: January 28, 2025 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA MONICA ADOPTING FIVE-YEAR FINDINGS AS TO THE AFFORDABLE

HOUSING COMMERCIAL LINKAGE FEE AND PARKS AND RECREATION

DEVELOPMENT IMPACT FEE
WHEREAS, the Mitigation Fee Act, Government Code Section 66000 et seq., authorizes the City of Santa Monica (“City”) to impose, collect, and expend mitigation fees to offset the impacts of development within the City; and WHEREAS, Section 66001(d) of the Mitigation Fee Act requires the City Council to adopt a resolution making certain findings as to any portion of development fees collected over five years ago, and each fifth fiscal year thereafter, whether such unexpended fees have been committed or uncommitted; and WHEREAS, City staff prepared a Development Impact Fees Report Pursuant to the Mitigation Fee Act for Fiscal Year Ended June 30, 2024 (the “Report”) on the status of funds collected from the City’s development impact fees; and WHEREAS, the Affordable Housing Commercial Linkage Fee and the Parks and Recreation Development Impact Fee are due to be reported under the five-year requirement; and
WHEREAS, the Report (Exhibit A to the accompanying staff report, incorporated by referenced) includes the five-year findings for the Affordable Housing Commercial Linkage Fee and the Parks and Recreation Development Impact Fee; and

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Attachment: Attachment B - Resolution Adopting Five-year Findings for Affordable Housing Commercial Linkage and Parks and Recreation Attachment B
2 WHEREAS, the City has complied with all notice obligations under Government Code Section 66006, including publicly posting a Mitigation Fee Act Report on December 27, 2024 on the City’s website.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:

SECTION 1. The City Council has considered the accompanying staff report and the Report, including the five-year findings, (attached as Exhibit A to the staff report ) for:
(1) the Affordable Housing Commercial Linkage Fee; and (2) the Park and Recreation Development Impact Fee.

SECTION 2. As to the Affordable Housing Commercial Linkage Fee, the City Council adopts the five-year findings set forth in Exhibit A.

SECTION 3. As to the Parks and Recreation Development Impact fee the City Council adopts the five-year findings set forth in Exhibit A.

SECTION 4. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney

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Attachment: Attachment B - Resolution Adopting Five-year Findings for Affordable Housing Commercial Linkage and Parks and Recreation City Council
Report
City Council Meeting: January 28, 2025
Agenda Item: 5.C
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To: Mayor and City Council
From: Jenny Rogers, Recreation and Arts Director, Recreation and Arts Department Subject: Award Request for Proposal to Community Arts Resources (CARS) to Manage Arts Program at Santa Monica Airport
Recommended Action
Staff recommends that City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;

2. Award RFP #143 to Community Arts Resources (CARS), a Los Angeles-based company, to manage the arts program at the Santa Monica Airport for the Recreation and Arts Department; and

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Summary
In March 2016, the Council revised the City’s Airport Leasing Policy which included eliminating subleasing City property. A provision was made at the time to continue support of opportunities for arts, education, and culture, including, but not limited to, the Artist Space Program administered in conjunction with Cultural Affairs Division. A thorough process was undertaken to define and release an RFP process, where 18th Street Arts Center was awarded the contract for arts programming at the Airport Art Studios by Council in December of 2018. The contract was for a five-year term and expired on June 27, 2024.

The Recreation and Arts Department initiated a new RFP for arts programming at the Airport Art Studios in July 2024. The process for a new management team was delayed due to city staffing changes and an extended evaluation period. An expert panel reviewed the proposals and determined that Community Arts Resources (CARS) best met the selection criteria for art programming. The panel agreed that the experience of CARS’ leadership running past artist residency programs combined with the organization’s commitment to fostering artist relations and dedication to community engagement demonstrated by CARS will strengthen the Airport’s identity as a cultural campus and enhance its engagement with the local and regional community.

Discussion
The Santa Monica Airport is home to the largest concentration of artists working in Santa Monica, with 50 artist studios spread throughout several airport hangars. These artist studios are viewed as a vital asset to the city to ensure that working artists can continue to have a presence in Santa Monica as the cost of living continues to rise.

There is a long and rich tradition of artists working at the Airport going back to the 1950s, with many notable artists in residence based in studios there over the decades.

Today, the majority of the studios are housed in one main hangar at 3026 Airport Avenue, which was started in 2004. This hangar includes 2,000 square feet of gallery space. The other 18 studios outside of the main 3026 hangar are managed separately by the Public Works Department’s Airport Administration Division in consultation with the Cultural Affairs Division. All of the artist studios are a critical resource for preserving

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the presence of working artists in Santa Monica and fostering new generations of artists.

A brief timeline of arts programming at the Airport:
• Pre-2019 Leasing Arrangements:
o Artists in studios in three of the hangars (2900, 3000 and 3050 Airport Avenue) leased directly from the Airport Administration.
o Artists in the studios located in the 3026 Airport Avenue hangar subleased from one of the building’s tenants who provided arts programming for the space. • Policy Change in 2016: The City Council prohibited subleasing, prompting a transition where artists at 3026 Airport Avenue began leasing directly from the Airport Administration.
• 2019 Contract: The City issued an RFP for management of arts programming for the 3026 Airport Avenue hangar. 18th Street Arts Center was selected and the city executed an agreement with them that ran from June 27, 2019, to June 27, 2024. A portion of the rent paid by artists is allocated to a cultural pass-through fee, which offsets the costs of cultural programming and staff.

As part of this contract, the vendor will be expected to oversee facility management of the artist in residency spaces, Airport arts programming including development of cultural programs created in collaboration with both artists onsite and the larger arts community, as well as all airport arts walks and gallery exhibitions. The vendor will have dedicated staff onsite to be a point of contact between studio artists and the city staff at the airport and cultural affairs, supporting ongoing security efforts to foster a safe and welcoming environment. Programming is expected to be year-round, and should enhance a more robust array of arts and culture programs throughout the year, as well as connect onsite artists with galleries, curators, and potential buyers.

Vendor Selection Process
Bidder Recommendation
Best Bidder Community Arts Resources (CARS)
Evaluation Criteria Value add/breadth of service; project team; references;

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experience; demonstration of general understanding of the project and goals; cost; any other factor that will further the intent set forth in Section 608 of the City Charter. The City shall have absolute discretion in determining the applicability and weight of the criteria listed above.

The City is not required to select the bid with the lowest price.

Municipal Code SMMC 2.24.180
Submittals Received
Community Arts
Resources (CARS)
$289,720 MAXIMA Art
Initiative (MAXIMA)
$250,000
Carl Berg $153,800 Bridge Street $250,000
Bid Data
Date Posted Posted On Advertise In
(City Charter &
SMMC)
Vendors
Downloaded
Date Publicly
Opened
07/01/2024 City’s Online
Bidding Site
Santa Monica
Daily Press
22 08/12/2024
Best Bidder Justification
CARS has over 40 years of experience in arts programming and a long-standing relationship with the City of Santa Monica. Their proposal demonstrates a deep understanding of the Santa Monica Airport Arts Studios and a proven ability to support artist relations, cultural programming and community engagement.

CARS’ history of innovative, community-centered programming and commitment to

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fostering artist development make them exceptionally qualified. Their expertise in project management includes a vast dataset of experts who can serve the specific needs of individual artists and projects, including facilities and place-based oversite.

Their approach emphasizes sustainability and inclusivity, ensuring the Airport continues to thrive as a vibrant cultural hub. Their vision includes scalable, earned-income opportunities alongside free programming, fostering long-term viability for the Airport Arts Studios. This proposal reflects a commitment to creating an inclusive, vibrant, and resilient cultural space that benefits artists, tenants, and the broader community. They have included the staff necessary to be onsite and responsive to artists needs.

Protest
On October 16, 2024, City staff posted a pending award notification on the City’s online procurement site, putting all proposers on notice of the ranking of proposals, indicating staff’s recommendation to Council would be to award RFP #143 to CARS. On October 23, 2024, the City’s Director of Finance received a timely protest from MAXIMA Art Initiative (Attachment B).

On November 6, 2024, after review of the protest documentation submitted, and working with Cultural Affairs staff who had facilitated review of the proposals and hired a third party to lead the selection process, the Director of Finance denied the protest (Attachment C) based on lack of evidence and grounds for protest. Per the City’s Purchasing Ordinance, the Finance Director’s decision is the final determination of the protest.

Past Council Actions
Meeting Date Description
03/22/16 (weblink) City Council Adoption of policy to prohibit subleasing at the Airport.
02/28/17 (weblink) City Council Agreement with Federal Aviation Administration to close the Airport after December 31, 2028.
12/18/18 (weblink) City Council Authorization to Enter into a Management Agreement for Airport Art Studios with 18th Street Arts Center.

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Environmental Review
The award contract with CARS is categorically exempt from CEQA pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines which states that CEQA does not apply “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” This contract will provide administration and management of the Airport Art Studios. It can be seen with certainty that the agreement would not result in adverse physical impacts on the environment, and as such, is exempt from CEQA.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding, collected through the lease agreements at the airport, in the Special Revenue Source Fund to award a contract with CARS to manage the Airport Art Studios.

Contract/Agreement/Purchase Order Request
FY 2024-25
Request
Amount
Future Years Amount
Department
Account # Total Contract
Amount
$100,000 $1,150,000 10430002.550240 $1,250,000
Future year funding is contingent on Council budget approval.

Prepared By: Sofia Klatzker, Cultural Affairs Manager
Approved Forwarded to Council
Attachments:

A. Summary of Panel Scores and Comments
B. Govrin MAXIMA Appeal of RFP 143
C. Response to Protest of RFP 143
D. March 22, 2016 Staff Report (Web Link) Standardized leasing policy

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E. February 28, 2017 Staff Report (Web Link) Consent decree for closure of SMO F. December 18, 2018 Staff Report (Web Link) Consent decree for agreement with 18th Street Arts Center
G. Levine Act Disclosure Form 2.6.24 - CARS
H. OAKS INITIATIVE FORM - CARS
I. Written Comments

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Community Arts Resources (CARS)

CRITERIA PANEL
SCORE

MAXIMUM
POINTS
Value Add/Breadth of Service 17.33 20
Project Team 14 15
References 4.67 5
Experience 17.67 20
Demonstration of Understanding of the Project and
Goals 18.33 20
Cost 17 20
TOTAL POINTS 89 100
Panelist Comments
• Value Add/Breadth of Service:

CARS demonstrated a comprehensive approach, offering industry best practices and extensive experience in public arts programming. Their communication skills and community engagement strategies stood out.
• Project Team:

The project team was well-rounded, with clear expertise and experience relevant to the Santa Monica Airport Arts Studios. Their understanding of project goals and effective communication were praised.
• References:

Strong references confirmed their successful track record managing similar projects. • Experience:

Extensive experience with arts programming, festivals, and community engagement.

The proposal demonstrated financial stability and proven success with public entities. • Demonstration of Understanding of the Project and Goals:

CARS’ proposal showed a deep understanding of the project scope, goals, and community needs. Their plan was detailed and innovative. • Cost:

The cost proposal was balanced, focusing on programming over overhead, with sustainable funding strategies.

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Packet Pg. 101 Attachment: Summary of Panel Scores and Comments (6658 : 3026 Airport Management Contract) Bridge Street

CRITERIA PANEL
SCORE

MAXIMUM
POINTS
Value Add/Breadth of Service 13.3 20
Project Team 9 15
References 3.67 5
Experience 13 20
Demonstration of Understanding of the Project and
Goals 11.67 20
Cost 12 20
TOTAL POINTS 62.7 100
Panelist Comments
• Value Add/Breadth of Service:

Bridge Street showed strength in event production but lacked a clear focus on community-based arts programming.
• Project Team:

The team demonstrated expertise in event management but lacked comprehensive experience in ongoing arts programming.
• References:

Provided strong references, though their relevance to sustained programming was limited.
• Experience:

Event production experience was solid, but ongoing project management experience was lacking.
• Demonstration of Understanding of the Project and Goals:

The proposal emphasized marketing and high-profile events rather than artist development and community building.
• Cost:

A large portion of the budget was allocated to marketing, with less emphasis on artist support.

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Packet Pg. 102 Attachment: Summary of Panel Scores and Comments (6658 : 3026 Airport Management Contract) Carl Berg

CRITERIA PANEL
SCORE

MAXIMUM
POINTS
Value Add/Breadth of Service 7.33 20
Project Team 5.67 15
References 2 5
Experience 6.67 20
Demonstration of Understanding of the Project and
Goals 7 20
Cost 4.67 20
TOTAL POINTS 33.3 100
Panelist Comments
• Value Add/Breadth of Service:

The proposal focused primarily on curation, with limited insight into broader programming needs.
• Project Team:

The team lacked depth and comprehensive management experience. • References:

References were incomplete and did not fully support the proposal. • Experience:

Limited experience beyond curation; lacked evidence of managing complex, ongoing projects.
• Demonstration of Understanding of the Project and Goals:

The proposal did not clearly articulate a plan for project implementation. • Cost:

The budget was unclear and heavily weighted toward salaries over programming.

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Packet Pg. 103 Attachment: Summary of Panel Scores and Comments (6658 : 3026 Airport Management Contract) Maxima Art Initiative

CRITERIA PANEL
SCORE

MAXIMUM
POINTS
Value Add/Breadth of Service 13 20
Project Team 9.33 15
References 3.67 5
Experience 18.33 20
Demonstration of Understanding of the Project and
Goals 13.67 20
Cost 13 20
TOTAL POINTS 71 100
Panelist Comments
• Value Add/Breadth of Service:

Innovative ideas were presented, but the proposal lacked clear pathways for execution. • Project Team:

The team was overly reliant on one individual, limiting overall capacity. • References:

References were positive but raised concerns about follow-through and financial stability .
• Experience:

Strong historical achievements, but the focus on past work overshadowed future plans. • Demonstration of Understanding of the Project and Goals:

The proposal lacked clarity on long-term sustainability and development. • Cost:

The budget was imbalanced, with excessive focus on salaries and insufficient investment in programming.

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Packet Pg. 104 Attachment: Summary of Panel Scores and Comments (6658 : 3026 Airport Management Contract) All Evaluation Panel Scores
CRITERIA CARS Bridge
Street
Carl
Berg Maxima MAXIMUM POINTS
Value Add/Breadth of Service 17.33 13.3 7.33 13 20
Project Team 14 9 5.67 9.33 15
References 4.67 3.67 2 3.67 5
Experience 17.67 13 6.67 18.33 20
Demonstration of Understanding of the
Project and Goals 18.33 11.67 7 13.67 20
Cost 17 12 4.67 13 20
TOTAL POINTS 89 62.7 33.3 71 100

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Packet Pg. 105 Attachment: Summary of Panel Scores and Comments (6658 : 3026 Airport Management Contract) Yossi Govrin
Executive Director Maxima Art Initiative
433 Ocean Ave, #D
Santa Monica, CA 90402
Maximaartinitiative.com
[email protected]
(310) 666-2056
Attn:David White, City Manager
City of Santa Monica
1685 Main St.

Santa Monica, CA 90401
[email protected]
CC: [email protected], [email protected] 10-22-2024
Re: Protest of Contract Award of Solicitation #413
Dear David White,
I am writing to formally protest the award of solicitation 413 “Santa Monica Airport Artist Studios:

Programming & Artist Relations Management” to Community Arts Resources (CARS), which I understand has been selected as the apparent awardee. Maxima Art Initiative is submitting its timely protest, namely within seven days of the notice of pending award issued 10/16/2024.

Conflict Of Interest
Upon reviewing the details of CARS’ proposal, I have discovered that an employee of the City of Santa Monica’s Cultural Affairs Department (City) is listed as the foremost individual of CARS’s project team.

This presents a clear conflict of interest, which compromises the fairness and integrity of the selection process. Please note that I was not allowed to copy any portion of CARS’ proposal, while reviewing it at the City, hence I was not able to include documentation herein, nonetheless all of the information I provide below is easily referenceable by the City.

In its August 12th 2024 proposal, CARS lists Mr. Ryder Davis as its “On-Site Coordinator” for this contract, CARS further specifies, in its Cost Proposal section, that Mr. Ryder’s contribution to the contract is a whopping 87.50%, of the entire contract. Hence, Mr. Ryder’s involvement is fundamental to CARS’ proposal. In the same section, CARS further details that Mr. Ryder is guaranteed an annual salary of at least $101, 920, out of the total annual budgeted expenditure by the City of $250,000 for this contract . Extrapolated over the five year expected duration of this contract, this yields $509,600 directly to Mr. Ryder’s pocket.

Under normal circumstances, Mr. Ryder’s contribution to the contract and his proposed salary would not be of issue; however Mr. Ryder was at the time of proposal submittal, and is currently employed by the City of Sana Monica’s Cultural Affairs Department under the title of Staff Assistant III. CARS in its proposal, clearly specifies its knowledge of Mr. Ryder’s employment by the City, as is detailed in Mr.

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Packet Pg. 106 Attachment: Govrin MAXIMA Appeal of RFP 143 (6658 : 3026 Airport Management Contract) Ryder’s profile within the proposal’s Key Personnel section. Namely CARS’ proposal brazenly states “Ryder Davis is a Staff Assistant for the Cultural Affairs Department of the City of Santa Monica, working as an on-site coordinator at the Airport Art Studios in Santa Monica.” The aforementioned conflict of interest is exponentially greater by the fact that it is the Cultural Affairs Department itself that is the one that evaluated the proposals and made the recommendation for award. So in fact it is the Department’s personnel that have chosen to award this contract to one of their own colleagues, allowing for a windfall of cash for both CARS and Mr. Ryder, paid for by the City of Santa Monica.

It is my understanding that any relationship between a contractor and City staff involved in the procurement or project oversight process can unduly influence decision-making, undermine public trust, and violate ethical guidelines outlined by the City of Santa Monica. Including a city employee in a private contractor's proposal raises concerns about bias, preferential treatment, and potential violations of California Government Code Section 1090, which strictly prohibits public officials from having a financial interest in contracts they make in their official capacities.

This situation not only affects the transparency of the process but also risks undermining the City’s efforts to promote ethical conduct in its public contracting procedures. It is critical that all contracts awarded by the City maintain the highest standards of fairness, objectivity, and integrity.

I respectfully request that you investigate this matter and take appropriate action to ensure that the procurement process remains impartial and free of any conflicts of interest. If the conflict is confirmed, I urge the City to disqualify the current awardee and move onto the next highest ranked proposal.

Experience
Upon review of CARS’ proposal, CARS may be successful in developing and promoting one time festivals in conjunction with much larger entities, however CARS has provided no details of experience for neither itself nor its key employees in providing the services expected under this contract. It is unclear how CARS was granted high scores for both the Project Team and the Experience evaluation criteria, as CARS nor its personnel have listed any experience with running a facility such as the Airport Art Center on an ongoing basis. Evaluation of CARS’ proposal needs to be reviewed for accuracy, as the points allocated CARS for its experience and project team are inconsistent with the evaluation criteria specified in the solicitation.

Budget
The City’s stated budget for this contacts is $250,000 per year, however CARS in its Cost Proposal present a budget of $289,720 for the first year, an overage of $39,720 from the City’s budget. CARS proposes to close this gap by providing paid services such as “Figure Drawing Classes” and other unsubstantiated services. In its cost proposal for the first year, CARS is already putting the City in a shortfall position, yet CARS received the highest number if points under the Cost evaluation criteria. It should be noted that Maxima Art Initiative’s Cost Proposal provided cost proposal that stayed within the City’s $250,000 budget, and provided a greater number of proven services at the airport facility within this budget. Yet Maxima Art Initiative received a much lower scoring for the Cost evaluation criteria.

Evaluation of CARS’ Cost Proposal needs to be reviewed, as the points allocated CARS for its proposed budget are inconsistent with the City’s stated budget for this contract, and evaluation criteria specified in the solicitation.

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Packet Pg. 107 Attachment: Govrin MAXIMA Appeal of RFP 143 (6658 : 3026 Airport Management Contract) Thank you for your attention to this matter. I look forward to your prompt response and to learning what steps will be taken to address this serious issue.

Sincerely,
Yossi Govrin
Director Maxima Art Initiative

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Packet Pg. 108 Attachment: Govrin MAXIMA Appeal of RFP 143 (6658 : 3026 Airport Management Contract) Department of Finance | 1685 Main Street, Mail Stop 09 | Santa Monica, CA 90401 [email protected] | santamonica.gov/departments/finance Tel: (310) 458-8281 Fax: (310) 394-0647
November 5, 2024
Mr. Yossi Govrin
Maxima Art Initiative
433 Ocean Ave, #D
Santa Monica, CA 90402
Re: Protest of Request for Proposal No. 413 Santa Monica Airport Art Studios: Programming & Artist Relations Management
Dear Mr. Govrin,
Thank you for your October 22, 2024, letter (the “Letter”) on behalf of Maxima Art Initiative (“Maxima”). The Letter protests the award to Community Arts Resources (“CARS”) relating to Request for Proposal No. 413 Santa Monica Airport Art Studios: Programming & Artist Relations Management (the “RFP”).

In broad strokes, the Letter asserts that CARS should be disqualified because: (1) there is a purported conflict of interest; (2) CARS’s proposal exceeds the alleged $250,000 budget; and (3) the scoring of the CARS’s RFP is inconsistent with the criteria in the RFP.

The City has reviewed the Letter, and conducted a thorough investigation, including examining the RFP, the information provided in the Letter, and consulting with City staff. As explained below, I deny the protest as meritless.

There Is No Conflict of Interest Relating to Ryder Davis The Letter claims that CARS should be disqualified because of an alleged conflict of interest involving a temporary employee named Ryder Davis. The City has investigated this allegation and determined that there is no conflict of interest that would warrant disqualifying CARS for several reasons.

First, the RFP was issued on July 1, 2024 and Ryder Davis was not hired as a temporary employee until July 8, 2024 – a week after the RFP was issued. As such, Mr. Davis was not involved in the drafting or issuance of the RFP.

Second, although the Letter claims that the “Cultural Affairs Department itself is the one that evaluated the proposals and made the recommendations for award” – this is not correct.

Section 7.1 of the RFP notes that the City may retain third parties to evaluate the RFP submissions. In this case, none of the evaluation committee members who scored the RFP

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Packet Pg. 109 Attachment: Response to Protest of RFP 143 (6658 : 3026 Airport Management Contract) proposals were City employees to ensure neutrality. Mr. Davis was not involved in the scoring process at all.

Third, under Government Code Section 1090, when an employee is financially interested in a contract, the City is prohibited from entering into such a contract only if the employee was involved in the contract-making process.1If the employee played no role whatsoever in the contracting process, the City may contract with the employee or the business entity in which the employee has an interest. (See 80 Ops.Cal.Atty.Gen. 41 (1997) (no Section 1090 violation where two firefighters, in their individual capacities, enter a contract with the City [upon recommendation of the fire chief] for the purchase of protective masks developed entirely on their own time and without use of City materials); see also An Overview of Section 1090 and FPPC Advice – January 2024 (“When an employee of an agency, as opposed to a board member, has a financial conflict the employee’s agency may enter into the contract as long as the employee plays no role in the contracting process.”). 2 Mr. Davis had no role in the
contracting process, and did not influence it in any way. Similarly, there is no conflict under the Political Reform Act because Mr. Davis did not participate in making or influencing the RFP selection. See FPPC Reg. 18704.

The RFP Was Not Capped at $250,000 Annually
Maxima claims that the City’s “stated budget” is $250,000 per year, but this is incorrect. The proposed contract is not funded by the General Fund. Instead, it is funded solely through the operations of the Santa Monica Airport Art Studios. The reference to “up to $250,000 annually” is the projected revenue if all the spaces are leased and all lease payments are received in a timely manner. Additionally, the reference to $250,000 was not listed as an RFP requirement. The Evaluation Criteria for “Cost” did not identify $250,000 annually as a cap.

Therefore, Maxima’s argument that it should have been awarded more points on the Cost criteria because its proposal was under $250,000 annually is misplaced.

Maxima’s Challenge to the RFP Scoring is Rejected
The Letter challenges scores that CARS received for the Project Team and Experience criteria. As provided in Santa Monica Municipal Code Section 2.24.190, the “City shall have absolute discretion in determining the applicability and weight of the criteria listed above.” 1 The Legislature recently passed AB 334, which enacted Government Code section 1097.6, effective January 1, 2024. Section 1097.6 clarifies that an independent contractor that did not engage in or advise on public contracting will not qualify as an “officer” under Section 1090. Further, Section 1097.6 allows a public entity to contract with a contractor that worked on an earlier phase of a project, including planning, discussions, or drawing of plans or specifications during an initial stage of a project under certain circumstances.
2 https://www.fppc.ca.gov/content/dam/fppc/NS-Documents/LegalDiv/section1090/Section%201090%20-%20Overview%20-%20Oct%202024.pdf

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Packet Pg. 110 Attachment: Response to Protest of RFP 143 (6658 : 3026 Airport Management Contract) The City has reviewed the scores awarded to CARS for these criteria and believes that the scores are appropriate.

The City appreciates your participation in our solicitation process. Should you have any further questions, please contact our Procurement Manager, Teresa Villa at 310-458-8242.

Sincerely,
Oscar Santiago
Director of Finance / City Treasurer
Cc: Request for Proposal No.413 File
Procurement Manger
Buyer of Record

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Packet Pg. 111 Attachment: Response to Protest of RFP 143 (6658 : 3026 Airport Management Contract) City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

CALIFORNIA LEVINE ACT DISCLOSURE
In 2022, California’s SB1439 extended requirements under Government Code Section 84308, also known as the "Levine Act", to prohibit City “Officers” from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $250 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.

Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal. Code Regs. Section 18438.1, which states:

An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or
(4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.

A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form.
https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
https://www.smgov.net/boards
Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________

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Packet Pg. 112 Attachment: Levine Act Disclosure Form 2.6.24 - CARS [Revision 1] (6658 : 3026 Airport Management Contract) City of Santa Monica Levine Act Disclosure Form
Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.

Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.

By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement.

I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:

Please note this form is a public record and subject to a California Public Records Act request.

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Packet Pg. 113 Attachment: Levine Act Disclosure Form 2.6.24 - CARS [Revision 1] (6658 : 3026 Airport Management Contract) SANTA MONICA CITY ATTORNEY’S OFFICE
TO: Public
FROM: City Attorney’s Office
RE: Levine Act Disclosure Form
DATE: January 25, 2024
The Levine Act (Government Code 84308) is a California law aimed at preventing “pay to play” practices by prohibiting parties, participants, and their agents in a proceeding involving a license, permit, or other entitlement from contributing more than $250 to an officer of the City during a 12-month period. The prohibition applies to any 12-month period while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.

State law requires a party to a proceeding to disclose any contributions exceeding an aggregate $250 that the party and their agents have made to an officer of the City within the preceding 12 months. The Disclosure Form is intended to assist City officials with recognizing when they have an obligation to disclose and recuse themselves, and to aid parties with their disclosure obligations.

1. To what sort of proceedings is the disclosure form applicable? The Levine Act applies to all discretionary entitlements and contracts, with the exception of labor contracts, personal employment contracts, and contracts that must be awarded to the lowest responsive/responsible bidder. It does not apply to ministerial approvals.

For instance, the Levine Act applies to the following:
• Building and development permits
• Conditional use permits
• Contracts generally (unless an exception applies):
o Contracts for goods, services, professional services
o Real property contracts for purchase, sale, lease
o Contract amendments
o Settlement agreements
o Small contracts, including purchase orders, and zero dollar contracts (no de minimis exception)
• Public street abandonments
• Private development plans
• Professional license revocations
• Rezoning of specific real estate parcels
• Event permits
• Rulemaking procedures affecting a particular industry where only a small number of businesses are affected

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Packet Pg. 114 Attachment: Levine Act Disclosure Form 2.6.24 - CARS [Revision 1] (6658 : 3026 Airport Management Contract)

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• Special district formation proceedings involving the creation of a special use or benefit to the person in the district
• Tentative subdivision and parcel maps
• Zoning variances
• Vacation of a public easement across private property • Pre-applications, such as for General Plan Amendment, considered by the legislative body prior to filing of formal application
• Contracts entered under the City Manager’s Authority
• Closed session items that may result in a contract/settlement agreement approved by Council (real estate or litigation)
It does not apply to:
• Purely ministerial decisions
• General policy decisions or rules where the interests affected are many and diverse
• Ordinances and resolutions (except items like development agreements adopted by ordinance)
• Ballot measures
• Departmental policies
• Council rules
• Contracts awarded to the lowest responsive/responsible bidder (not applicable in Santa Monica)
• Labor contracts and project labor agreements
• Personal employment contracts
• Allocation of resources in the City budget

2. Who is required to disclose?
A “party” to a proceeding is any person who files an application for, or is the subject of, a proceeding. In general, a person or company who applies for a permit, license, or right to use property in a particular way, which requires the City’s discretionary approval, will qualify as a party.

Parties are also required to disclose contributions by their agents. An “agent” is someone who (1) represents a party to a proceeding for compensation; and (2) appears before or otherwise communicates with the City for the purpose of influencing the pending proceeding. This can include law firms, architects, engineers, consultants, and similar entities. Both the individual and their employer or firm are considered “agents.” A party should also disclose contributions of other entities majority owned by the party, as well as contributions of any other entity whose contributions it directs or controls.

3. What must be disclosed?
A party must disclose campaign contributions over $250 made in the prior twelve months.

A “contribution” is anything of value for which the party has not received full consideration, including money, nonmonetary items, payments made for advertising or

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Packet Pg. 115 Attachment: Levine Act Disclosure Form 2.6.24 - CARS [Revision 1] (6658 : 3026 Airport Management Contract)

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other expenses coordinated with a candidate or committee, loans, tickets to political fundraisers, etc.

4. Who is considered an officer of the City?
An “officer” is anyone who may make, participate in making, or attempt to influence a decision in the proceeding or who exercises authority over officers who may do so. This includes elected officials, members of appointed boards and commissions, the City Manager, and any individual who is a candidate for elected office or who has been a candidate in the twelve months prior to the decision. This definition is included on the Disclosure Form.

5. When should the disclosure occur?
The Disclosure Form must be completed (1) by a party to a contract with the City (or that party’s agent) at the time the party submits a response to a Request for Proposal or other competitive solicitation, enters into contract negotiations with the City, or executes a contract with the City, whichever is earliest; or (2) by a party to a license, permit, or other entitlement proceeding before the City at the time the party (or their agent) submits the license, permit, or entitlement application to the City. The party (or their agent) must submit a supplemental form if they make any new reportable contributions while the same contract, license, permit, or other entitlement is being considered. The party (or their agent) must also use the form if they need to correct any previously submitted form.

Parties are solely responsible for completing the form accurately, and could face penalties for failure to do so. The California Fair Political Practices Commission (FPPC) is the body who enforces violations of the Levine Act. If a party is uncertain about whether they are required to report or combine a contribution, they should consult with their attorney.

Nothing herein constitutes legal advice and individuals are urged to consult with their own attorney regarding the requirements of the law. To the extent there is any inconsistency, the language of the Levine Act and FPPC Regulations govern over this notice. Resources for officers, parties, participants, and agents, are available on the FPPC’s website at https://www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html

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Packet Pg. 116 Attachment: Levine Act Disclosure Form 2.6.24 - CARS [Revision 1] (6658 : 3026 Airport Management Contract)

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA
Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk.

This information is required by City Charter Article XXII—Taxpayer Protection.

It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after theofficial votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of SantaMonica.

All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees.

Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12- month period.

In order to facilitate compliance with the requirements of the Oaks Initiative, theCity compiles and maintains certain information. That information includes the name of any personorpersons whois seeking a “publicbenefit.” If the“public benefit” is sought by an entity, ratherthan an individual person, the information includes the nameof everyperson who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.

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Packet Pg. 117 Attachment: OAKS INITIATIVE FORM - CARS [Revision 1] (6658 : 3026 Airport Management Contract)

CITY OF SANTA MONICA

OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.

Public benefits include:

1. Personal services contracts in excess of $25,000 over any 12-monthperiod;

2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;

3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;

4. Non-competitive franchise awards with gross revenue of $50,000 or more inany 12-month period;

5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;

6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or

7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.

Name(s) of persons or entities receiving public benefit:

Name(s) of trustees, directors, partners, and officers:

Name(s) of persons with more than a 10% equity, participation, or revenue interest:

Prepared by: Title:

Signature: Date:

Email: Phone:

Permit #
FOR CITY USE ONLY:

Bid/PO/Contract #

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Packet Pg. 118 Attachment: OAKS INITIATIVE FORM - CARS [Revision 1] (6658 : 3026 Airport Management Contract) 1 David Yakobson
From: Christy Zamani <[email protected]>
Sent: Tuesday, January 28, 2025 2:55 PM
To: councilmtgitems
Cc: Christy Zamani
Subject: Support- Agenda Item 5.C. Award Request for Proposal to Community Arts Resources (CARS) to Manage Arts Program at Santa Monica Airport

EXTERNAL
January 28, 2025
Regarding: Support- Agenda Item 5.C. Award Request for Proposal to Community Arts Resources (CARS) to Manage Arts Program at Santa Monica Airport
Dear Mayor Negrete and members of the City Council,
On behalf of Day One, a public health organization with a 38 year history of serving LA County, I would like to offer my whole hearted support for the approval of the Community Arts Resources (CARS) to support Arts programming at Santa Monica Airport.

I have had the pleasure of working with the agency and its leaders on multiple occasions and have only the highest of esteem for their organizations commitment to community, and access to the arts. CARS has the experience needed to provide high quality, culturally-responsive arts programming that will represent the City of Santa Monica in a positive light.

I have no reservations that their passion for this work will advance the arts and quality of life in your city.

Respectfully submitted,
Christy Zamani
--
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Christy Zamani | Executive Director
Pronouns: She, Her, Hers
a: 175 N Euclid Ave, Pasadena, CA 91101
c: 626-529-4470 e: [email protected]
Day One builds vibrant, healthy cities by advancing
public health, empowering youth, and igniting change
Instagram: Day One
Item 5-C
January 28, 2025
Item 5-C
January 28, 2025

5.C.i
Packet Pg. 119 Attachment: Written Comments [Revision 1] (6658 : 3026 Airport Management Contract) 1 David Yakobson
From: Theresa Chavez <[email protected]>
Sent: Tuesday, January 28, 2025 11:02 AM
To: councilmtgitems
Subject: AGENDA ITEM #5C -- Recommendation for CARS for SMAAS Management

EXTERNAL
Dear Santa Monica City Council,
I am writing to you to highly recommend Community Arts Resources (CARS) be awarded the contract to provide Arts Programming and Artist Tenant Relations Management for the Santa Monica Airport Art Studios in alignment with the goal to strengthen the Airport’s identity as a cultural campus and enhance its engagement with the local and regional community.

As the leader of About...Productions, a L.A.-area theater company of 36 years, I have first-hand knowledge of the exemplary work of CARS. We have worked with them for the past 35+ years on many projects from festivals to arts tours to site-specific programs. They have a deep and rich knowledge of the greater Los Angeles arts and culture landscape, and always conduct business using the highest best practices standards. Their successful programs working with artists of all disciplines highlights their wide range of experience as producers and managers. I have no doubt they will go above and beyond to fulfill the contract and greatly enhance the arts and cultural experiences of both the artists and constituents you serve as well as the broader regional community. The Airport's cultural identity will definitely be strengthened under their astute leadership. Please feel free to reach out to me with any questions you may have on the consistently positive experience we have had with CARS.

Thank you for your consideration,
Theresa Chavez
Theresa Chavez (she/her)
Producing Artistic Director
About…Productions
www.aboutpd.org
36 Years of Innovation...Collaboration...Education
www.instagram.com/aboutpd
www.facebook.com/aboutpd
Item 5-C
January 28, 2025
Item 5-C
January 28, 2025

5.C.i
Packet Pg. 120 Attachment: Written Comments [Revision 1] (6658 : 3026 Airport Management Contract) 2 David Yakobson
From: rachel burke <[email protected]>
Sent: Tuesday, January 28, 2025 9:53 AM
To: councilmtgitems
Subject: Item 5 C comment

EXTERNAL
I am writing to express my support for awarding Community Arts Resources (CARS) the contract to provide arts programming and tenant relations management for the Santa Monica Airport Art Studios.

CARS has a long history working with the City of Santa Monica and its community having produced the Santa Monica Festival for many years. They are a go to organization for anything related to arts programming and management and I can't imagine a better fit for this role! --
Rachel Burke
Item 5-C
January 28, 2025
Item 5-C
January 28, 2025

5.C.i
Packet Pg. 121 Attachment: Written Comments [Revision 1] (6658 : 3026 Airport Management Contract) 1 David Yakobson
From: Sanjeev Jain <[email protected]>
Sent: Monday, January 27, 2025 5:59 PM
To: councilmtgitems; Lana Negrete; Caroline Torosis; Jesse Zwick; Ellis Raskin; Barry Snell; Natalya Zernitskaya; Dan Hall; David White
Subject: Community Arts Resources (CARS) for Arts Programming and Artist Tenant Relations Management for the Santa Monica Arts Studios

EXTERNAL
Dear Esteemed Santa Monica City Council Members,
I have been a resident of Santa Monica since 2002. I am excited to learn that the City Council is considering awarding a new contract to Community Arts Resources (CARS) to provide Arts Programming and Artist Tenant Relations Management for the Santa Monica Airport Art Studios. I am writing this to express my wholehearted support for CARS in their bid to provide Arts Programming and Artist Tenant Relations Management for the Santa Monica Arts Studios.

I first came to know about CARS in 1990 at the time of L.A. Festival and have since enjoyed the numerous great programs, projects and events they have produced and managed. The breadth and experience they bring to the table would be of great benefit to Santa Monica.

I, therefore, urge the City Council to move forward on their contract.

Regards,
Sanjeev Jain, PhD
Item 5-C
January 28, 2025
Item 5-C
January 28, 2025

5.C.i
Packet Pg. 122 Attachment: Written Comments [Revision 1] (6658 : 3026 Airport Management Contract) 1 David Yakobson
From: Claire Peeps <[email protected]>
Sent: Monday, January 27, 2025 10:14 PM
To: councilmtgitems
Subject: Support for Community Arts Resources (CARS) at Santa Monica Airport Art Studios

EXTERNAL
To the City Council of Santa Monica,
I am writing in enthusiastic support of Community Arts Resources (CARS) to manage the arts program at the Santa Monica Airport for the Recreation and Arts Department.

CARS is a unique, vibrant, one-of-kind entity, and we are deeply fortunate to have them anchored in our community. Their work as creative catalysts and producers is celebrated locally, regionally and internationally.

I’ve known Aaron Paley and the CARS time since the late 1980s. CARS' entrepreneurial model and vision for community arts programming has consistently been visionary, and ahead of its time. From their role in the creation of the enormously influential Fringe Festivals of the 1990s, to their production of large-scale participatory events that animated the grounds of such institutions as the Getty and the Skirball Centers, to the founding and growth of the wildly successful CicLAvia, they have been pioneers in engaging artists and arts organizations in reimagining and reinvigorating civic life. CARS has helped us to actively explore our neighborhoods, to meet our neighbors, celebrate one another’s traditions, and to find joy and energy by engaging in community together. They are connectors and network builders who make our home town a better place to live.

I can attest from my personal experience at both the Los Angeles Festival and at the Durfee Foundation, where we engaged CARS as producers of multiple events, that CARS delivers on-time and on-budget, and that they are wonderful to work with. Their technical production skills are outstanding, and matched by the precision of their fiscal and administrative management.

CARS has deep roots in Santa Monica as a former, long-time tenant of the 18th St. Arts Center and producer of multiple festivals in the City. They are on the ground and ready to go. I urge you to award them a contract. They’ll make Santa Monica proud.

Claire Peeps
Former Executive Director, Durfee Foundation
Item 5-C
January 28, 2025
Item 5-C
January 28, 2025

5.C.i
Packet Pg. 123 Attachment: Written Comments [Revision 1] (6658 : 3026 Airport Management Contract) 1 David Yakobson
From: Yossi Govrin <[email protected]>
Sent: Thursday, January 23, 2025 1:52 PM
To: Clerk Mailbox
Subject: An appeal to place names of the 3 proposal providers in RFP 413, on City Council agenda, 5.C for Jan 28,25
Follow Up Flag: Follow up
Flag Status: Completed

EXTERNAL
An appeal to place names of the 3 proposal providers in RFP 413, on City Council agenda, 5.C for Jan 28,25
Dear Mrs. Niki Newsome, City Clerk
I am writing to respectfully request that the City Council add the names of all three finalist organizations that have submitted qualifications to manage the artist studios complex at the Santa Monica Airport on the upcoming agenda 5.c on Jan 28, 25. This would allow each organization to present their proposals and demonstrate their qualifications, fulfilling a critical step in the Request for Proposal (RFP 413) process, as initiated by Mrs. Sofia Klatzker, Santa Monica’s Cultural Affairs Manager.

As the moment only one name appears.

The organizations seeking this opportunity are as follows:

1. Community Arts Resources (CARS)

2. Yossi Govrin Maxima Art Initiative

3. Bridge Street
Inclusion of all three finalists on the agenda will empower the Council to make a fully informed decision that best serves Santa Monica’s artists, community, and residents. To date, none of the finalists have had the opportunity to present their proposals before the Santa Monica Arts Commissioners, nor have any interviews been conducted with the candidates.

It is worth noting that Community Arts Resources, while respected for its work in festival organization, appears to lack specific experience in managing complex, multi-disciplinary artist studio environments. Their proposal, as viewed in the public record available through Mr. David Willis, was concise, containing only two pages of specifics out of a twenty-page document and lacked detailed commitments to an exhibition and lecture program. By contrast, Maxima Art Initiative’s proposal—detailed over 80 pages—outlines a comprehensive schedule of weekly and monthly programs, featuring high-caliber individuals and named curators with the expertise to conduct exhibitions at both national and international levels.

It is perhaps unsurprising that the panel awarded Maxima Art Initiative the highest score for experience. Having created and managed the artist complex at the airport myself, I have seen it grow into a thriving cultural Item 5-C
January 28, 2025
Item 5-C
January 28, 2025

5.C.i
Packet Pg. 124 Attachment: Written Comments [Revision 1] (6658 : 3026 Airport Management Contract) 2 center, known far beyond Santa Monica’s borders. I am concerned that selecting an organization without direct experience in managing such a complex could lead to a repeat of the challenges seen with prior management.

Thank you for your time, consideration, and commitment to the arts in Santa Monica.

Please review Maxima proposal below.

The panel selected CARS to manage, Emphasizing they have no experience in this regard.

Sincerely,
Yossi Govrin
Artist and Executive Director
Maxima Art Initiative
maximaartinitiative.com
310-666-2056
Item 5-C
January 28, 2025
Item 5-C
January 28, 2025

5.C.i
Packet Pg. 125 Attachment: Written Comments [Revision 1] (6658 : 3026 Airport Management Contract) 1 David Yakobson
From: Julia Carnahan <[email protected]>
Sent: Monday, January 27, 2025 1:53 PM
To: councilmtgitems; Lana Negrete; Caroline Torosis; Jesse Zwick; Ellis Raskin; Barry Snell; Natalya Zernitskaya; Dan Hall; David White
Subject: City Council Meeting (01/28/25) - Item 5.C. - Award Request for Proposal to Community Arts Resources (CARS) to Manage Arts Program at Santa Monica Airport

EXTERNAL
Dear Mayor Negrete, Mayor Pro Tem Torosis, and Councilmembers:

For the past 35 years, I have worked as an arts producer for individuals and organizations around the region, many times alongside CARS. Their work and advocacy in the cultural field is unmatched, and I think our city will benefit greatly from having them at the helm of the arts program at the airport.

Many thanks for your consideration.

Sincerely,
Julia Carnahan (member of the Santa Monica Public Art Committee) 2239 27th Street
Santa Monica, CA 90405
Cell: 323-244-9663
Item 5-C
January 28, 2025
Item 5-C
January 28, 2025

5.C.i
Packet Pg. 126 Attachment: Written Comments [Revision 1] (6658 : 3026 Airport Management Contract) 2 David Yakobson
From: Susan Jain <[email protected]>
Sent: Monday, January 27, 2025 12:04 PM
To: councilmtgitems; Lana Negrete; Caroline Torosis; Jesse Zwick; Ellis Raskin; Barry Snell; Natalya Zernitskaya; Dan Hall; David White
Subject: RE: Support for CARS, Agenda Item 5C

EXTERNAL
Dear Distinguished Council Members,
I am writing to express my full support for Community Arts Resources (CARS) bid to provide Arts Programming and Artist Tenant Relations Management for the Santa Monica Arts Studios.

Since 1989, I have had the privilege to work closely with CARS on many large and small-scale projects across the region and across arts disciplines that serve audiences of all ages. Recently, I attended one of many meetings held across the county on the topic of LA 2028 arts programming. These were led by officials from the LA County Department of Arts and Culture and the City of Los Angeles Department of Cultural Affairs and facilitated by CARS. The CARS team are complete professionals and well-respected in the arts community. As an academic specializing in world art traditions, I especially appreciate the CARS' team's depth of knowledge and experience in presenting diverse traditions.

As a newly appointed Santa Monica Arts Commissioner and member of the Santa Monica Great Park Coalition, I was excited to hear that CARS might be involved at the Airport. The breadth and experience they bring to the table would be of such benefit to Santa Monica. As the creators of CicLAvia, the CARS team also knows how to produce large-scale recreation projects as well, another plus for Santa Monica.

I encourage the Council to move forward on their contract.

Best regards,
Susan Pertel Jain, PhD
Vice Chair, Santa Monica Arts Commissioner
Item 5-C
January 28, 2025
Item 5-C
January 28, 2025

5.C.i
Packet Pg. 127 Attachment: Written Comments [Revision 1] (6658 : 3026 Airport Management Contract) 3 David Yakobson
From: Tanya Raukko <[email protected]>
Sent: Sunday, January 26, 2025 9:12 PM
To: councilmtgitems
Subject: Letter in support of Community Arts Resources (Contract Award of Solicitation #413) Attachments: CARS letter Jan 24 2025.pdf

EXTERNAL
Hello,
Please see attached letter.

Thank you
: : : : : : : : : : : : : : : : : : : : : : : : : :

Tanya Raukko
intertrend
imprintlab
T 310.594.4400
LONG BEACH | PLANO
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.

Confidential. Distribution on a need to know basis only. If you have received this email in error, please notify the sender and delete this email from your system immediately. Please see more here.

T 310.594.4400
LONG BEACH | PLANO
intertrend.com
Confidential. Distribution on a need to know basis only. If you have received this email in error, please notify the sender and delete this email from your system immediately. Please See more here
Item 5-C
January 28, 2025
Item 5-C
January 28, 2025

5.C.i
Packet Pg. 128 Attachment: Written Comments [Revision 1] (6658 : 3026 Airport Management Contract) January 24, 2025
City of Santa Monica
Re: Referral for Community Arts Resources (Contract Award of Solicitation #413) in consideration of Arts Programming and Artist Tenant Relations Management for the Santa Monica Airport Art Studios
We have had the pleasure of working with Community Arts Resources (CARS) since 2022, when we partnered to curate a multi-day arts and culture festival, Getty25 Long Beach.

Throughout the Getty25 Long Beach project, the CARS team collaborated seamlessly with our diverse Creative Consortium, providing strategic direction, valuable resources, and balanced consultation. They oNered our team the flexibility needed to craft a festival that was authentically rooted in local culture. With some natural challenges that arose during the planning process in Long Beach in our local Consortium, CARS's deep expertise and professionalism were evident at every level to help us manage through it. Their respectful and empathetic approach ensured they quickly grasped our city's cultural nuances and the needs of our artists and creators. As passionate advocates for arts and culture, CARS demonstrated an unwavering commitment, integrity, and excellence in service management. We wholeheartedly recommend them for the Santa Monica project, confident in their ability to deliver exceptional results.

Best Regards,
Tanya Raukko
Chief Investment Strategy ONicer, Intertrend
Board Member, Creative Class Collective
Managing Partner, Imprint Venture Lab
Item 5-C
January 28, 2025
Item 5-C
January 28, 2025

5.C.i
Packet Pg. 129 Attachment: Written Comments [Revision 1] (6658 : 3026 Airport Management Contract) 4 David Yakobson
From: Olga Garay-English <[email protected]>
Sent: Sunday, January 26, 2025 10:56 AM
To: councilmtgitems
Subject: Santa Monica Artist Studios (SMAAS)

EXTERNAL
Dear Members of the Santa Monica City Council,
As the Executive Director/General Manager of the City of Los Angeles Department of Cultural Affairs from 2007 to 2014, I collaborated frequently with Community Arts Resources (CARS).

CARS' deep knowledge of and commitment to making the arts accessible for people in SoCal is unparalleled. They accomplish this with great integrity and efficiency. CARS is an ideal candidate to manage Santa Monica's Airport Artist Studios.

Olga Garay-English
--
Olga Garay-English
Director, National Latinx Theater Initiative
[email protected]
International Arts Consultant
Principal, OMGArtsplus
4314 Marina City Drive
Center Tower South
Unit 816 C
Marina del Rey, California, 90292
[email protected]
213-216-4548 cell
424-228-4274 home office
Item 5-C
January 28, 2025
Item 5-C
January 28, 2025

5.C.i
Packet Pg. 130 Attachment: Written Comments [Revision 1] (6658 : 3026 Airport Management Contract) 5 David Yakobson
From: Kiel Johnson <[email protected]>
Sent: Saturday, January 25, 2025 1:09 PM
To: councilmtgitems
Subject: Letter of Support for CARS - Kiel Johnson

EXTERNAL
Santa Monica City Council
1685 Main Street, Room 209
Santa Monica, CA 90401
January 25, 2025
Dear Members of the Santa Monica City Council,
I am writing to express my strongest support for Community Arts Resources (CARS) and their proposal to manage the Airport Studios.

As a community based artist, sculptor, and LA local who has worked with CARS for close to 20 years across Los Angeles, I cannot speak highly enough of this extraordinary organization and their contributions to the arts and community.

CARS has been a pillar of support for my creative journey, partnering with me on projects at iconic locations such as the Getty Villa, the Getty Center, Marina Del Rey, the Disney Concert Hall, and, notably, the City of Santa Monica. Their unwavering professionalism, organizational excellence, and ability to bring visionary projects to life have made them an essential force in fostering creative collaboration and community engagement.

During challenging times in my career, CARS has been a beacon of opportunity. They have not only enabled me to share my ideas about collaborative community projects but have also played a significant role in helping me build my brand as an artist. Their reliability, fairness, and commitment to timely payments are just a few examples of how they empower the artists and communities they work with.

Having firsthand knowledge of the Airport Studios and the vital role they play in the local arts ecosystem, I firmly believe that CARS is uniquely equipped to take on this responsibility. Their proven ability to create impactful, inclusive, and inspiring projects would bring enormous benefits to the City of Santa Monica and its residents.

It is difficult to overstate the value that CARS brings to every project they undertake. Their dedication to the arts, their impeccable track record, and their capacity to connect people through creativity make them the ideal stewards of the Airport Studios.

Thank you for considering my wholehearted recommendation for CARS. I am confident that under their guidance, the Airport Studios will become a vibrant and thriving hub for the arts in Santa Monica. Do not hesitate to contact me if I can be of more assistance to your committee.

Sincerely,
Kiel Johnson
Community Based Artist, Sculptor and Draftsman
- Kiel Johnson
http://kieljohnson.com
562-335-8779
Item 5-C
January 28, 2025
Item 5-C
January 28, 2025

5.C.i
Packet Pg. 131 Attachment: Written Comments [Revision 1] (6658 : 3026 Airport Management Contract) City Council
Report
City Council Meeting: January 28, 2025
Agenda Item: 5.D
1 of 6
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Engineering and Street Services
Subject: Award Construction Contract to Doty Bros. Equipment Company for Pier Electrical Utility Relocation
Recommended Action
Staff recommends that the City Council:

2. Award Bid #SP2741 to Doty Bros. Equipment Company for construction services for the Pier Electrical Utility Relocation Project for the Public Works Department;

3. Authorize the City Manager to negotiate and execute a contract with Doty Bros.

Equipment Company in an amount not to exceed $1,526,929 (including a 10% contingency).

Summary
The City of Santa Monica is committed to replacing the 85-year-old structurally deficient Santa Monica Pier Bridge (Bridge) with a new, seismically safe bridge prior to the LA 2028 Summer Olympics. The Pier Electrical Utility Relocation Project (Project) would relocate electrical equipment that is currently situated in a utility room directly under the Bridge. The equipment serves businesses on the Santa Monica Pier. In preparation for the upcoming demolition and reconstruction of the Pier Bridge, this equipment would be relocated out of the way of construction to a new, permanent location in Beach Parking Lot 1N. Staff recommends Doty Bros. Equipment Company

5.D
Packet Pg. 132
2 of 6
to provide construction services in an amount not to exceed $1,526,929 (including a 10% contingency).

Background
Council authorized staff to proceed with the final design of the Pier Bridge Replacement Project on June 13, 2023 (Attachment A). Over the past 18 months, the City’s design consultant and staff have been diligently working on the final design, bidding documents, and outreach and are close to advertising the larger bridge construction project. During the design phase, it was determined that electrical utility relocations would be necessary as the existing electrical utility room would be demolished during the proposed bridge construction project. In order to meet the construction deadline of completed construction prior to the 2028 Olympics, the electrical equipment must be relocated in advance of the proposed bridge construction. Advanced utility relocation is a recommended industry best practice. Successfully completing this proposed work ahead of the larger bridge project helps mitigate schedule and budget risks, schedule uncertainty, and adverse effects on the larger bridge replacement project. Staff are currently working on obtaining approval from final state and federal agencies before bidding the larger project. The construction award recommendation for the larger bridge project is expected be presented to Council between the summer and fall of 2025.

Bridge construction is anticipated to commence by the end of 2025 and be completed by the end of 2027.

Discussion
The Pier Electrical Utility Relocation Project represents a crucial preparatory construction step for the main Pier Bridge Replacement Project. If the Utility Relocation Project was bid at the same time as the main Pier Bridge Replacement Project, this portion of the work could delay the start of the bridge replacement construction by up to six months. This advanced utility relocation work would limit the risk of the future Pier Bridge Replacement Project not being completed by the 2028 Olympics. The Project would relocate the electrical equipment that is currently situated in a utility room directly under the Pier Bridge to a location outside of the proposed bridge construction zone.

The Project would ensure the continuity of reliable power service to the Pier throughout

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the Pier Bridge Replacement Project. The scope of the Project includes the installation of a new main circuit breaker, transformer, concrete vault and slab, manhole, concrete boxes, capacitor, conduits, wiring and safety bollards. A level and clear working space would be created to access and maintain the electrical equipment. The new equipment installed would be durable and made for use in marine environments. City staff and contractors would work closely with Southern California Edison (SCE) to schedule and coordinate all work. There would be at least three or four power outages to switch over from the old to the new equipment. These outages would occur overnight during nonbusiness hours. SCE and the Public Works staff would work closely to minimize the number and duration of the planned power outages. In addition, SCE and the Public Works staff would provide advanced notices to the Pier tenants about planned power outages. Construction is expected to occur between April 2025 and December 2025.

Vendor Selection
Bidder Recommendation
Best Bidder Doty Bros. Equipment Company
Evaluation
Criteria
Price; the ability, capacity, and skill of the bidder to perform the services; the capacity of the bidder to perform the contract within the time specified; the sufficiency of the bidder’s financial resources; the reputation and experience of the bidder. Prior experience performing and completing similar utility relocation work in the City of Santa Monica.

Municipal Code SMMC 2.24.180
Bid Data
Date
Posted Posted On Advertise In (City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
11/12/2024 City's Online
Bidding Site
Santa Monica Daily
Press
38 12/12/2024
Submittals Received
Doty Bros. Equipment Company $1,388,117.50
Metro Builders & Engineers Group, Ltd. $1,632,781.00
Best Bidder Justification
Staff recommends Doty Bros. Equipment Company, the lowest bidder, as the best bidder based on bid price, previous project experience with Southern California Edison and other similar municipal agencies, and the successful completion of past projects with similar scopes, including utility relocation work.

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Public Outreach
Utility relocation construction is expected to begin in April 2025 and last for six to eight months. In 2023 and 2024, City’s Engineering staff periodically presented the Pier Electrical Utility Relocation Project and Pier Bridge Replacement Project to the Pier Board, Pier Board’s subcommittee, Pier businesses, Pier Corporation, and the Heal the Bay Aquarium. Staff recently presented proposed construction activities, project team roles, and the preliminary schedule for this work. SCE and Public Works staff would continue to communicate with Pier tenants regarding the planned power outages and the planned construction activities with open lines of communication.

During construction, the Public Works staff would maintain an ongoing dialog to receive feedback from the public and disseminate project information, ensuring constant outreach to the public, Pier tenants, and other stakeholders. Public Works staff would respond to the day-to-day concerns of the community, visitors, and local businesses.

Prior to and during construction, City staff and the contractor would distribute notifications to Pier tenants and adjacent properties detailing the project scope, construction schedule, and planned power outages. Periodic updates would be provided, as necessary. Social media and the project website would be utilized to notify the public about general construction updates. Staff would return to Council during the Pier Bridge Replacement Project contract award to provide details on public outreach for the larger project.

Environmental Review
The relocation of electrical and SCE utility facilities is categorically exempt from CEQA pursuant to Section 15301, Section 15302, Section 15303, and Section 15311 of the CEQA Guidelines. Section 15301 exempts (Class 1 Existing Facilities) projects from CEQA, which include the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Section 15302 exempts

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(Class 2 Replacement or Reconstruction) the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Section 15303 (Class 3 - New Construction of Small Structures) exempts construction and location of limited numbers of new, small facilities or structures including utility extensions and accessory structures/facilities. Section 15311 (Class 11 – Accessory Structures) exempts construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, such as SCE utility facilities. The project would relocate the existing utility room under the Pier Bridge and includes the replacement of electrical equipment and other small accessory facilities in a nearby location. Therefore, the project is exempt from CEQA pursuant to Section 15301, Section 15302, Section 15303, and Section 15311 of the CEQA Guidelines.

In addition, on June 13, 2023, Council certified the Recirculated Final Environmental Impact Report / Environmental Assessment for the Pier Bridge Replacement Project (State Clearinghouse No. 2014121041), which analyzed the environmental impacts of reconstruction of the Pier Bridge including the utility relocation work. Therefore, no further environmental review is required.

Past Council Actions
Meeting Date Description
6/13/2023
(Attachment A)
Certification of Recirculated Final Environmental Impact Report/Environmental Assessment for the Pier Bridge Replacement Project and Authorization to Proceed with Final Design and Bidding Documents

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Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Local Return Fund to award a contract with Doty Bros. Equipment Company to provide construction services for the Pier Electrical Utility Relocation Project.

Contract Request
Funding Source FY 2024-25
Request Amount
CIP Account # Total Contract
Amount
Local Return
Fund 27
(Prop C)
$1,526,929 C2705270.689130 $1,526,929
Prepared By: Steven Hull, Engineering Support Services Administrator Approved Forwarded to Council
Attachments:

A. June 13, 2023 Staff Report (Web Link)
B. Doty_California_Levine_Act_Disclosure
C. Doty_Oaks_Initiative_Disclosure_Form

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5.D.b
Packet Pg. 138 Attachment: Doty_California_Levine_Act_Disclosure (6762 : Award RFB No. SP2741 Pier Electrical Utility Relocation)

5.D.b
Packet Pg. 139 Attachment: Doty_California_Levine_Act_Disclosure (6762 : Award RFB No. SP2741 Pier Electrical Utility Relocation)

5.D.b
Packet Pg. 140 Attachment: Doty_California_Levine_Act_Disclosure (6762 : Award RFB No. SP2741 Pier Electrical Utility Relocation)

5.D.b
Packet Pg. 141 Attachment: Doty_California_Levine_Act_Disclosure (6762 : Award RFB No. SP2741 Pier Electrical Utility Relocation)

5.D.b
Packet Pg. 142 Attachment: Doty_California_Levine_Act_Disclosure (6762 : Award RFB No. SP2741 Pier Electrical Utility Relocation) Doty Bros. Equipment Co.

See Attached Board of Directors Resolution
See Attached Board of Directors Resolution

5.D.c
Packet Pg. 143 Attachment: Doty_Oaks_Initiative_Disclosure_Form (6762 : Award RFB No. SP2741 Pier Electrical Utility Relocation)

5.D.c
Packet Pg. 144 Attachment: Doty_Oaks_Initiative_Disclosure_Form (6762 : Award RFB No. SP2741 Pier Electrical Utility Relocation) City Council
Report
City Council Meeting: January 28, 2025
Agenda Item: 5.E
1 of 4
To: Mayor and City Council
From: Ramon Batista, Police Chief, Police Department
Subject: Award Proposal and Enter into Agreement with Illuminating SOL Therapy Inc. for LEAD Program Master of Social Work Consultation Services Recommended Action
Staff recommends that the City Council:

1. Adopt a finding that the agreement is not a “project” subject to the California Environmental Quality Act (CEQA).

2. Award RFP# 412 to Illuminating SOL Therapy Inc. for Master of Social Work Consultation Services for the LEAD Program for the Police Department; and

3. Authorize the City Manager to negotiate and execute an agreement with Illuminating SOL Therapy Inc. in an amount not to exceed $250,000 over a fiveyear period, with future year funding contingent on Council budget approval.

Summary
The Santa Monica Police Department (“SMPD”) is committed to empowering young people with the skills and guidance they need to thrive. In 2022, SMPD established the Leadership, Engagement, Action, and Discovery (“LEAD”) Program to formalize and further its prevention and intervention efforts. The LEAD program provides a process to engage and connect with young people and divert them away from arrest and formal court proceedings. Staff recommends that the City engage Illuminating SOL Therapy Inc. to provide Master’s in Social Work (“MSW”) consultation services. Illuminating SOL has demonstrated a deep understanding of SMPD’s diversion model and of the issues that affect the youth. The company employs an approach that is in alignment with the LEAD program’s approach. Illuminating SOL’s approach focuses on strategies around youth behavior, understanding of mental health, and local resource networks. Staff recommends that the City Council award the competitively bid contract to Illuminating

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SOL, as it is the best and only qualified proposer. Illuminating SOL provides a deep and holistic method to best engage and work with local youth. The recommended award would also be in line with SMPD’s strategic goal of expanding the LEAD program.

Discussion
The diversion portion of the LEAD program equips the Police Department with the ability to assess youth individually and to formalize a structure to provide intervention through a variety of services. The overarching goal of LEAD is to reduce juvenile recidivism and to avoid future crimes by focusing on root causes and changing behavior. LEAD works to avoid the negative labelling effects of arrest, reduce costs to an already burdened juvenile justice system, and mitigate racial and ethnic disparities in juvenile arrests and system involvement.

In keeping with the current science and holistic approach in youth development, LEAD provides full-service options for high risk and high-need youth which include a path for mental health and substance abuse assessment and linkage to services. This is made possible, in large part, due to a partnership with the University of Southern California (“USC”) and California State University Dominguez Hills (“CSUDH”). The LEAD program team, on behalf of SMPD, entered into an agreement with USC and CSUDH to employ interns from their Master of Social Work (MSW) program. The MSW interns work closely with the LEAD team to facilitate assessments of participating youth and connect them to services in the social work network. In return, the interns receive a set number of hours of credit towards their practicum placement class. To meet State of California licensing requirements, an MSW consultant is required to monitor the interns.

The Santa Monica Police Department seeks to enter into a contract with Illuminating SOL, a licensed MSW consultant, to provide these monitoring and consulting services.

Illuminating SOL, was selected following a comprehensive Request for Proposal (“RFP”) process. Despite being the only vendor who submitted a proposal, their proposal stood out because of their deep understanding of Santa Monica resources, collaborations, and systems. Their proposal presented a thoughtful and holistic approach to youth assessment and behavior change.

Vendor Selection

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Bidder Recommendation
Best Qualified Firm Illuminating Sol Therapy, Inc.

Evaluation Criteria Credentials/experience, competence/skill, capacity/ability to perform services promptly, ability to provide future services as needed and price, experience in crisis intervention, and references.

Municipal Code SMMC 2.24.190
RFPs Received
Illuminating Sol
RFP Data
Posted On Posted On
Advertised In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
9/10/2024 City's Online
Bidding Site Santa Monica Daily Press 5 09/30/2024
Justification to Award
The selection process involved a thorough evaluation of the vendor’s ability to meet SMPD’s specific requirements. Based on their relevant experience, program understanding, and criteria in SMMC 2.24.190, staff recommends Illuminating Sol Therapy, Inc. as the best qualified firm to provide Social Work Consultation Services for the LEAD Program based on their vast experience with youth, the Santa Monica community, and SMPD specifically. Illuminating SOL has over 20 years of experience working with adolescents and their families. Their approach includes a holistic framework by which to assess and identify root causes of youth behavior. They have expertise in the Mental Health field and have been successful in supporting programs to create further capacity and communication loops for the purposes of effective service provision and collaboration.

Illuminating SOL has served as a Clinical Supervisor for MSW interns in various settings, both traditional and non-traditional clinical settings. The MSW Interns are a critical part of our juvenile diversion program and having someone to supervise them who understands and has experience with bringing clarity to the nuance and complexity of being in a law enforcement agency with a clinical lens is essential. The company has an incredible breadth of work in our local community and has a deep understanding of the current networks, collaborations, and resources. Illuminating SOL has also been SMPD’s contracted clinical supervisor for the past four years.

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Environmental Review
The agreement for social services is not a “project” subject to CEQA. The agreement is administrative in nature and would provide for social services for the LEAD program.

Pursuant to CEQA Section 21065, the agreement does not meet the definition of a “project” subject to CEQA as it will not “cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” Additionally, per Section 15378(b) of the CEQA Guidelines, a “project” does not include organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. Therefore, the contract is not subject to CEQA.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the General Fund to award a contract with Illuminating Sol Therapy, Inc. for LEAD Program Master of Social Work consultation services.

Contract Request
FY 2024-25
Request Amount Department Account # Future Years Amount Total Contract
Amount
$50,000 01180004.552010.96263 $200,000 $250,000
Future year funding contingent on Council budget approval.

Prepared By: Jose Arroyo, Senior Administrative Analyst Approved Forwarded to Council
Attachments:

A. Oaks Initiative - Illuminating SOL
B. Levine Act - Illuminating SOL

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5.E.a
Packet Pg. 149 Attachment: Oaks Initiative - Illuminating SOL (6786 : Award LEAD Program Agreement)

5.E.a
Packet Pg. 150 Attachment: Oaks Initiative - Illuminating SOL (6786 : Award LEAD Program Agreement)

5.E.b
Packet Pg. 151 Attachment: Levine Act - Illuminating SOL (6786 : Award LEAD Program Agreement)

5.E.b
Packet Pg. 152 Attachment: Levine Act - Illuminating SOL (6786 : Award LEAD Program Agreement) City Council
Report
City Council Meeting: January 28, 2025
Agenda Item: 5.F
1 of 5
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Architecture Services Subject: Approval of Second Modification to the Agreement with Safeguard US Inc. for Fall Protection Services
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities), of the California Environmental Quality Act (CEQA) Guideline; and

Summary
The City of Santa Monica’s Risk Management Division is responsible for providing safe and inviting areas for visitors and staff. On November 24, 2020, staff issued a Request for Bids (RFB) SP#2643 for a design/build contractor to address fall hazard locations at the facilities noted in an initial fall hazard locations report procured by Risk Management in 2018. On April 13, 2021, City Council approved staff’s recommendation to award the Fall Protection Project to Safeguard US Inc. The first phase of the Fall Protection Project has been completed in accordance with California Division of Occupational Safety and Health (Cal-OSHA) standards. Staff returned to Council on July 18, 2023, for approval to begin the Phase II, which is expected to be completed by 2025.

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Staff recommends a second modification of agreement #11149 with Safeguard US, Inc., in the amount of $1,524,350, including 15% contingency, for a five-year amended agreement with a total amount not to exceed $1,569,941 for Phase III; and a total contract amount not to exceed $3,455,307. The modification expands the remediation to Phase III to ensure safe working conditions at city facilities including the Virginia Avenue Park Thelma Terry Building, Animal Shelter, Memorial Park Community Activity Building, Palisades Park Camera Obscura Building, Marine Park Auditorium & Daycare, and other city facilities. Future phases will still be required to bring the City into full compliance once additional funds become available. Any future construction services related to fall protection infrastructure would be procured through the City’s competitive bid process.

Discussion
Facilities owned by the City of Santa Monica range from new construction to historic buildings. Cal-OSHA fall protection requirements for new and existing structures are revised periodically. Some of the structures owned by the City do not meet current CalOSHA standards. The original construction phase contract with Safeguard, to initiate Phase I work, was executed on April 13, 2021.

On July 18, 2023, City Council approved a first modification of agreement #11149 with Safeguard US, Inc., in the amount of $299,023, including 15% contingency, for a fouryear amended agreement with a total amount not to exceed $1,930,957 for Phases I & II. Phase I of the Fall Protection Project was completed per California Division of Occupational Safety and Health (Cal- OSHA) standards at City Hall, the Public Safety Facility, the Montana Branch Library, Big Blue Bus facilities, Woodlawn Cemetery, the Arcadia Water Treatment Plant, and the City Yards. Phase II expanded the remediation of unsafe working conditions at City facilities by including Fire Station 2, Fire Station 3, the Ken Edwards Center, and the Public Safety Facility drone deck and is scheduled to be completed in 2025.

On September 26, 2022, Safeguard provided a quote for projects identified as ‘Priority 2’. However, the City did not have the funding to move forward with all of these

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buildings at once and directed Safeguard to work on 4 buildings for Phase II and hold the remainder for Phase III. On November 22, 2024, Safeguard provided a quote for Phase III which included updated pricing due to increases in labor and material costs over the 2+ year time span between quotes. There was a 21.37% increase in the cost of the quote from 2022 to 2024 from Safeguard, below the 28.2% California construction cost index (CCCI) increases over the same time period. With the current fire conditions, costs for labor and resources are sure to increase above the current CCCI. Therefore, our recommendation is to execute this amendment to this contract as an exception to the competitive bidding process as we believe if we publicly bid this work, we would see quotes significantly higher and possibly lose our contractor to other rehabilitation projects due to the fires.

Safeguard has completed Phase 1 and Phase 2 should be completed in 2025. They have substantial knowledge of City facilities and have proven their technical knowledge of Cal-OSHA fall protection requirements. Risk Management is looking to expedite Phase III of this work to reduce the City’s exposure and ensure safe working conditions per Cal-OSHA standards.

The areas that need attention are used by the City’s maintenance staff and are not accessible to the public. Special safety precautions have been taken whenever staff work at or around these areas. As a property owner, the City is responsible for updating its facilities and meeting building code requirements.

Environmental Review
The proposed project is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15301. Section 15301 of the CEQA State Guidelines provides Class 1 (existing facilities) exemption for projects that consists of the operation, repair, maintenance, leasing, licensing, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the existing or former use. The project would provide for fall protection services in existing spaces and would not result in any

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significant expansions to the existing spaces. Therefore, the project is categorically exempt as set forth in Section 15301 of the CEQA State Guidelines.

Past Council Actions
Meeting Date Description
04/13/2021
(Attachment F)
Original bid and award of agreement with Safeguard US Inc. for fall protection design and equipment procurement.
07/18/2023
(Attachment E)
First Modification to agreement with Safeguard US Inc. for phase II of fall protection services.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Self-Insurance, Workers’ Compensation Fund to award a second contract modification with Safeguard US, Inc. for the design, procurement, and installation of fall protection safety equipment.

Agreement Modification Request
Agreemen
t #
Funding
Source(s)
Current
Authorized
Amount
FY 2024-25
Request
Amount
CIP Account #
Total Revised
Contract
Amount
11149
General, BBB,
Cemetery,
Water Funds
$1,930,957 Various $1,930,957
Self-Insurance,
Workers’
Comp Fund
$1,524,350 C7407940.689000 $1,524,350
Total $3,455,307
Future year funding is contingent on Council budget approval.

Prepared By: Heidi Creighton, Senior Design Manager
Approved Forwarded to Council

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Attachments:

A. X - Safeguard Agreement
B. 07/18/2023 Staff Report (Web Link)
C. 04/13/2021 Staff Report (Web Link)
D. Levine Act Disclosure Form
E. OaksInitiative-wEx

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Contract No. 11149
SP2643
Sensitivity: Internal

DESIGN-BUILD CONTRACT
by and between
City of Santa Monica
and
SAFEGUARD US INC.

CITY OF SANTA MONICA
FALL PROTECTION PROJECT (SP2643)
DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

5.F.a
Packet Pg. 158 Attachment: X - Safeguard Agreement (6793 : Fall Protection Phase 3 Safeguard) Contract No. 11149
SP2643
Public Works | Design-Build | October 2018 CC-i
Sensitivity: Internal

TABLE OF CONTENTS
TABLE OF CONTENTS ............................................................................................................... i SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS. ................................ 1 SECTION 2 THE PROJECT. ............................................................................................. 1 SECTION 3 THE CONTRACT DOCUMENTS. .................................................................. 2 SECTION 4 THE WORK. ................................................................................................... 2 SECTION 5 TIME OF COMPLETION. ............................................................................... 2 SECTION 6 COMPENSATION TO CONTRACTOR. ......................................................... 4 SECTION 7 STANDARD OF CARE. .................................................................................. 6 SECTION 8 INDEMNIFICATION. ...................................................................................... 6 SECTION 9 COMPLIANCE WITH APPLICABLE LAWS. ................................................... 8 SECTION 10 INSURANCE AND BONDS. ........................................................................... 8 SECTION 11 PROHIBITION AGAINST TRANSFERS. ........................................................ 8 SECTION 12 NOTICES. ...................................................................................................... 8 SECTION 13 DEFAULT. ...................................................................................................... 9 SECTION 14 CITY'S RIGHTS AND REMEDIES. .............................................................. 10 SECTION 15 CONTRACTOR'S RIGHTS AND REMEDIES. .............................................. 13 SECTION 16 ACCOUNTING RECORDS. ......................................................................... 14 SECTION 17 INDEPENDENT PARTIES. .......................................................................... 14 SECTION 18 NUISANCE. ................................................................................................. 15 SECTION 19 PERMITS AND LICENSES. ......................................................................... 15 SECTION 20 WAIVER. ...................................................................................................... 15 SECTION 21 CONFLICTS WITH THE DESIGN-BUILD CONTRACT. ............................... 15 SECTION 22 GOVERNING LAW. ..................................................................................... 15 SECTION 23 COMPLETE DESIGN-BUILD CONTRACT . ................................................. 15 SECTION 24 SURVIVAL OF CONTRACT. ........................................................................ 15 SECTION 25 ADDITIONAL CONTRACT REQUIREMENTS. ............................................ 16 SECTION 26 SANTA MONICA LIVING WAGE ORDINANCE. .......................................... 16 SECTION 27 SANTA MONICA OAKS INITIATIVE NOTICE. ............................................. 16 SECTION 28 PUBLIC WORKS CONTRACTOR REGISTRATION PROGRAM ................. 17 SECTION 29 GOVERNMENTAL POWERS. ..................................................................... 17 SECTION 30 SEVERABILITY............................................................................................ 17 SECTION 31 ELECTRONIC SIGNATURE ........................................................................ 17 SECTION 32 COUNTERPARTS ....................................................................................... 17 SECTION 33 EXHIBITS. .................................................................................................... 19 DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

5.F.a
Packet Pg. 159 Attachment: X - Safeguard Agreement (6793 : Fall Protection Phase 3 Safeguard) Contract No. 11149
SP2643
Public Works | Design-Build Contract| October 2018 1
Sensitivity: Internal

DESIGN-BUILD PURCHASE AND INSTALLATION CONTRACT
THIS DESIGN-BUILD PURCHASE AND INSTALLATION CONTRACT (the “Design-Build Contract”) entered into on _________________ (“Execution Date”) by and between the CITY OF SANTA MONICA, a California municipal corporation ("City"), and Safeguard US Inc., with an address of 6335 North Hollywood Boulevard, Suite 140, Las Vegas, Nevada 89115 ("DesignBuilder"), is made with reference to the following:

R E C I T A L S:

A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City.

B. Design-Builder is a Las Vegas corporation duly organized and in good standing in the State of California, License Number 1021082. Design-Builder represents that it is duly licensed by the State of California and has the background, knowledge, experience and expertise to perform the obligations set forth in this Design-Build Contract.

C. City and Design-Builder desire to enter into this Design-Build Contract for the Fall Protection Project, and other services as identified in the Bid Documents for the Fall Protection Project, pursuant to the following terms and conditions.

NOW THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed by and between the undersigned parties as follows:

SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS.

1.1 Recitals.

All of the recitals are incorporated herein by reference.

1.2 Definitions.

Capitalized terms shall have the meanings set forth in this Design-Build Contract and/or in the General Conditions for Construction (Exhibit 3). If there is a conflict between the definitions in this Design-Build Contract and in the General Conditions, the definitions in this Design-Build Contract shall prevail.

SECTION 2 THE PROJECT.

The Project is the design and construction of the Fall Protection Project ("Project").

DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 7/22/2021

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Packet Pg. 160 Attachment: X - Safeguard Agreement (6793 : Fall Protection Phase 3 Safeguard) Contract No. 11149
SP2643
Public Works | Design-Build Contract| October 2018 2
Sensitivity: Internal
SECTION 3 THE CONTRACT DOCUMENTS.

The Contract Documents consist of the following collection of documents:
(i) Executed Design-Build Contract between City and Design-Builder and all exhibits attached thereto.
(ii) Notice Inviting Bids (Exhibit 1).
(iii) Safeguard US Inc. - Construction Bid Form (Exhibit 2). (iv) Performance and Payment Bonds (Exhibit 3).
(v) Insurance Forms (Exhibit 4).

SECTION 4 THE WORK.

4.1 Scope of Services.

Design-Builder shall perform all design and construction services, and provide all material, the Equipment, tools and labor, permits, licenses, and taxes, and all other things necessary to complete the Work described in and reasonably inferable from the Contract Documents, including, without limitation, any Changes requested by City, in accordance with the Contract Documents, including, without limitation, Safeguard US Inc. - Construction Bid Form (Exhibit 2), and all Applicable Laws.

4.1.1 Site Preparation.

Design-Builder shall conduct all necessary work to prepare the multiple City owned buildings specidied on RFB in accordance with Design-Builder’s specifications and the Work to be conducted.

4.2 Product Warranty.

Design-Builder shall perform all design and construction services, and provide all material, equipment, tools and labor, permits, licenses, and taxes, and all other things necessary to complete the Work described in and reasonably inferable from the Contract Documents, including, without limitation, any Changes requested by City, in accordance with the Contract Documents, including, without limitation, Scope of Services (Exhibit 5), and all Applicable Laws.

SECTION 5 TIME OF COMPLETION.

5.1 Time Is of Essence.

Time is of the essence with respect to all time limits set forth in the Contract Documents.

5.2 Commencement of Work.

Design-Builder shall commence the Work on the dates specified in City’s Notice to Proceed for Design and the City’s Notice to Proceed for Construction and Installation.

5.3 Contract Time.

Design-Builder shall diligently prosecute the Work to Substantial Completion in accordance with the City’s Notice to Proceed for Construction and Installation DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

5.F.a
Packet Pg. 161 Attachment: X - Safeguard Agreement (6793 : Fall Protection Phase 3 Safeguard) Contract No. 11149
SP2643
Public Works | Design-Build Contract| October 2018 3
Sensitivity: Internal

5.4 Liquidated Damages.

5.4.1 Entitlement.

City and Design-Builder acknowledge and agree that if Design-Builder fails to fully and satisfactorily complete the Construction and Installation work within the Contract Time, City will suffer, as a result of Design-Builder’s failure, substantial damages which are both extremely difficult and impracticable to ascertain. Such damages may include, but are not limited to:
(i) Loss of public confidence in City and its contractors and consultants. (ii) Loss of public use of public facilities.
(iii) Extended disruption to public.

5.4.2 Daily Amount.

City and Design-Builder have reasonably endeavored, but failed, to ascertain the precise amount relationship to the actual damage that City will incur if DesignBuilder fails to achieve Substantial Completion of the Constructon and Installation work within the Contract Time after issuance of the Notice to Proceed for Construction and Installation. Therefore, the parties agree that in addition to all other damages to which City may be entitled other than delay damages, in the event Design-Builder shall fail to achieve Substantial Completion of the Construction and Installation work within the Contract Time, Design-Builder shall pay City as liquidated damages the amount of $2,700 per day for each Day occurring after the expiration of the Contract Time until Design-Builder achieves Substantial Completion of the Construction and Installation work. The liquidated damages amount is not a penalty but considered to be a reasonable estimate of the amount of damages City will suffer.

5.4.3 Apportionment.

Such liquidated damages shall be subject to apportionment for delays to Substantial Completion for which Design-Builder is entitled to receive an extension of time under the Contract Documents. Such apportionment shall not be affected by the fact that liquidated damages may not be capable of apportionment for other periods of time during which there have occurred delays concurrently caused by both City and Design-Builder. It being the Design-Builder’s obligation to have the entire Work Substantially Completed within the Contract Time, it is agreed that such liquidated damages shall not be apportioned for portions of the Work completed prior to expiration of the Contract Time.

5.4.4 Exclusive Remedy.

City and Design-Builder acknowledge and agree that this liquidated damages provision shall be City’s only remedy for delay damages caused by DesignBuilder’s failure to achieve Substantial Completion of the entire Work within the Contract Time.

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5.4.5 Damages upon Abandonment.

In the event that Design-Builder either abandons the Work or is terminated for default in accordance with the provisions of Section 14 of this Design-Build Contract, City shall have the right, in its sole discretion exercised by written notice issued either before or after Substantial Completion, to elect to either assert or waive its right to liquidated damages under this Section 5.4. .1 If City elects to assert its right to liquidated damages, then the liquidated damages shall be calculated from expiration of the Contract Time to the date that Substantial Completion of the Work is achieved by City or its replacement contractor employed to complete Design-Builder's performance.
.2 If City elects to waive its right to liquidated damages, then Design-Builder shall be liable to City, in lieu of the liquidated damages provided for in this Section 5.4, for all actual Losses proximately resulting from DesignBuilder's failure to complete the Work within the Contract Time.

5.4.6 Other Remedies.

The parties further acknowledge and agree that City is entitled to any and all available legal and equitable remedies City may have where City’s Losses are caused by any reason other than Design-Builder’s failure to achieve Substantial Completion of the entire Work within the Contract Time.

5.5 Adjustments to Contract Time.

The Contract Time may only be adjusted for time extensions approved by City and agreed to by Change Order executed by City and Design-Builder in accordance with the requirements of the Contract Documents.

SECTION 6 COMPENSATION TO CONTRACTOR.

6.1 Contract Price.

Design-Builder shall be compensated for satisfactory completion of the Work in compliance with the Contract Documents as set forth, below.

6.1.1 Completion of Design-Builder Services. Design-Builder shall be compensated for satisfactory completion of design and installation as noted on Safeguard Inc. – Construction Bid Form (Exhibit 2) in the lump sum amount of One Million Five Hundred and Eleven Thousand Fifty Dollars ($1,511,050).

6.1.2 The amount of agreed upon compensation for construction and installation shall be evidenced by an amendment to this Design-Build Contract.

6.2 Full Compensation.

The Contract Price shall be full compensation for all Work provided by Design-Builder and, except as otherwise expressly permitted by the terms of the Contract Documents, shall cover all Losses arising out of the nature of the Work or from the acts of the elements or any unforeseen difficulties or obstructions which may arise or be encountered in performance of the Work until its Acceptance by City, all risks connected with the Work, and any and all expenses incurred due to suspension or discontinuance of the Work. The DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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Contract Price may only be adjusted for Change Orders issued, executed and satisfactorily performed in accordance with the requirements of the Contract Documents.

6.3 Compensation for Extra or Deleted Work.

The Contract Price shall be adjusted (either by addition or credit) for Changes in the Work involving Extra Work or Deleted Work on the basis of the following:
(i) The sum of Allowable Costs as defined in Section 7.2.5 of the General Conditions to be added (for Extra Work) or credited (for Deleted Work); (ii) An additional sum (for Extra Work) or deductive credit (for Deleted Work) based on Design-Builder Markup and Subcontractor/Sub-subcontractor Markups allowable pursuant to this Section 6.3; and
(iii) An additional sum for Design Professional Services based upon either:

Lump Sum. Design-Builder and the City shall attempt in good faith to negotiate a lump sum amount for Extra or Deleted Work; or
Direct Personnel Expense. If the parties are unable to negotiate a lump sum price and the City instructs the Design-Builder to proceed with performance of the Extra or Deleted Work, then the Design-Builder’s compensation shall be computed as follows:

For employee’s time expended, remuneration shall be computed in accordance with the Rate Schedule (Exhibit 6), without any markup or multiplier. Such Rate Schedule will be subject to adjustment on the anniversary following the year in which the Design-Build Contract is fully executed, as mutually agreed between the Design-Builder and the City, to reflect rates charged by the Design-Builder for comparable services provided to its other municipal or institutional clients. Direct Personnel Expense is defined as the direct salaries of personnel engaged on the Project. Direct salaries shall include legally required taxes and insurance (Federal & State taxes, Social Security, Workers Compensation, & Unemployment insurance), but shall not include employee benefits such as health and other insurance, vacation and sick leave, pensions, or bonuses.

Design-Builder Markup and Subcontractor/Sub-subcontractor Markups set forth herein are the full amount of compensation to be added for Extra Work or to be subtracted for Deleted Work that is attributable to overhead (direct and indirect) and profit of DesignBuilder and of its Subcontractors and Sub-subcontractors, of every Tier. Design-Builder Markup and Subcontractor/Sub-subcontractor Markups, which shall not be compounded, shall be computed as follows:

6.3.1 Self-Performed Work.

Fifteen percent (15%) of the Allowable Costs for that portion of the Extra Work or Deleted Work to be performed by Design-Builder with its own forces.

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6.3.2 Subcontractors.
15% of the Allowable Costs for that portion of the Extra Work or Deleted Work to be performed by a first Tier Subcontractor with its own forces, plus 5% thereon for Design-Builder Markup.

6.3.3 Sub-subcontractors.
15% of the Allowable Costs of that portion of the Work to be performed by Subsubcontractors of the second and lower Tier with their own forces, plus 5% thereon for the Subcontractor, plus 5% on the combined total thereof for Design-Builder Markup.

SECTION 7 STANDARD OF CARE.

7.1 Standard of Care.

Design-Builder agrees that the Work shall be performed by qualified, experienced and wellsupervised personnel. All services performed in connection with this Design-Build Contract shall be performed in a manner consistent with the standard of care under California law applicable to those who specialize in providing such services for projects of the type, scope and complexity of the Project.

7.2 Correction of Errors and Ommissions.

Design-Builder shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all designs, drawings, specifications, reports, and other services furnished by Design-Builder under this Contract. Design-Builder shall, at no additional cost to City, correct or revise any errors, omissions, or other deficiencies in its designs, drawings, specifications, reports, calculations, and other services.

7.3 Notification to City.

The Design-Builder shall exhibit proper professional judgment in the use of information furnished by City. In the event that said information is not delivered timely or that it is discovered to be incorrect or misleading, Design-Builder will notify the City in a reasonable manner after the discovery of such tardiness or incorrect or misleading information and promptly make a determination of its costs and schedule impact on this Design-Build Contract, as well as recommendations for the correction of such incorrect or misleading information.

7.4 Obligation to Perform Professional Services.

Design-Builder shall perform such professional services as may be necessary to accomplish the Work required to be performed under this Design-Build Contract.

7.5 Design-Builder Liable to City for Negligent Performance.

Except as specified in and as otherwise provided in this Design-Build Contract, the Design-Builder shall be and shall remain liable, in accordance with applicable law, for all damages to City caused by Design-Builder's negligent performance of any of the professional services furnished under this Design-Build Contract.

SECTION 8 INDEMNIFICATION.

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8.1 Hold Harmless.

8.1.1 Hold Harmless for Design Professional Services.

To the fullest extent permitted by law (including, without limitation California Civil Code Section 2782.8), Design Consultant agrees to defend, indemnify and hold harmless the City, its board and council members, officers, employees and agents (“City Indemnitees”) from and against any and all losses, costs, liabilities, claims, damages, actions, judgments, settlements, expenses, defense costs, reasonable attorneys’ fees, costs, fines and penalties (“Losses”) that arise out of, pertain to, or relate to the Consultant’s negligence, recklessness or willful misconduct in the performance of professional services under this Design-Build Contract .

8.1.2 For Other Claims.

To the fullest extent allowed by law, Design-Builder hereby agrees to defend, indemnify, and hold harmless City, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to City, from and against any and all Losses only to the extent arising directly or indirectly from, or in any manner relating to any of, the following:
(i) Performance or nonperformance of the Work by Design-Builder or its Subcontractors or Sub-subcontractors, of any Tier;
(ii) Performance or nonperformance by Design-Builder or its Subcontractors or Subsubcontractors, of any Tier, of any of the obligations under the Contract Documents;
(iii) The construction activities of Design-Builder or its Subcontractors or Subsubcontractors, of any Tier, either on the Site or on other properties; (iv) The payment or nonpayment by Design-Builder of any of its Subcontractors or Sub-subcontractors, of any Tier, for Work performed on or off the Site for the Project; and
(v) Any personal injury, property damage or economic loss to third persons associated with the performance or nonperformance by Design-Builder or its Subcontractors or Sub-subcontractors, of any Tier, of the Work.

However, nothing contained herein shall be construed as obligating Design-Builder to indemnify any Indemnitee for Losses resulting from the sole or active negligence or willful misconduct of the Indemnitee. Design-Builder shall pay City for any costs incurred in enforcing this provision. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of Design-Builder against City or any other Indemnitee.

8.2 Survival.

The provisions of Section 8 shall survive the termination of this Design-Build Contract.

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SECTION 9 COMPLIANCE WITH APPLICABLE LAWS.

This Project constitutes "public works" within the meaning of California Labor Code section 1720 et seq and is subject to the prevailing wage laws. Design-Builder agrees to be subject to and comply with all applicable federal, state and municipal laws, codes, ordinances and regulations governing the Work, including, but not limited to:
(i) The applicable provisions of the California Labor Code; (ii) Chapter 7.28, Prevailing Wage and Apprenticeship Law, of the Santa Monica Municipal Code;
(iii) Chapter 4.65, Living Wage Ordinance, of the Santa Monica Municipal Code; and (iv) Oaks Initiative requirements.

SECTION 10 INSURANCE AND BONDS.

Prior to the commencement of any Work, Design-Builder shall provide City with evidence that it has obtained insurance and Performance and Payment Bonds satisfying all requirements in Article 11 of the General Conditions and set forth in Exhibit 2 – Attachment E – Public Works Insurance Requirements. Failure to do so shall be deemed a material breach of this Design-Build Contract.

SECTION 11 PROHIBITION AGAINST TRANSFERS.

City is entering into this Design-Build Contract based upon the stated experience and qualifications set forth in Design-Builder’s Bid. Accordingly, Design-Builder shall not assign, hypothecate or transfer this Design-Build Contract or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any assignment, hypothecation or transfer without said consent shall be null and void.

For purposes of applying the provisions of this Section, the sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Design-Builder or of any general partner or joint venturer or syndicate member of Design-Builder, if a partnership or joint venture or syndicate or co-tenancy exists, which shall result in changing the control of Design-Builder, shall be construed as an assignment of this Design-Build Contract. Control means more than fifty percent (50%) of the voting power of the corporation or other entity.

SECTION 12 NOTICES.

12.1 Method of Notice.

Except as provided in Section 12.2 below, all notices, demands, requests or approvals to be given under this Design-Build Contract shall be given in writing and conclusively shall be deemed served on the earlier of the following:
(i) On the date delivered if delivered personally;
(ii) On the third business day after the deposit thereof in the United States mail, postage prepaid, and addressed as hereinafter provided; (iii) On the date sent if sent by facsimile transmission; or (iv) On the date it is accepted or rejected if sent by certified mail.

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12.2 Notice Recipients.

All notices, demands or requests (including, without limitation, Claims) from DesignBuilder to City at:

City of Santa Monica, Public Works, Architecture Services Division 1685 Main Street, Mail Stop 15
Santa Monica, California 90401
Attention: William Clerk, Project Manager
Re: SP2643 Fall Protection Project, Contract No. 11149

In addition, copies of all Claims by Design-Builder under this Design-Build Contract shall be provided to the following:

Santa Monica City Attorney Office
1685 Main Street, Third Floor
Santa Monica, California 60401
Attention: City Attorney
Re: SP2643 Fall Protection Project, Contract No. 11149
All Claims shall be delivered personally or sent by certified mail.

All notices, demands, requests or approvals from City to Design-Builder shall be addressed to:

Safeguard US Inc.
6335 North Hollywood Boulevard
Las Vegas, Nevada 89115
Attn: Paul Betts, General Manager
Re: SP2643 Fall Protection Project, Contract No. 11149

12.3 Change of Address.

In the event of any change of address, the moving party is obligated to notify the other party of the change of address in writing. Each party may, by written notice only, add, delete or replace any listed individuals.

SECTION 13 DEFAULT.

13.1 Notice of Default.

In the event that City determines, in its sole discretion, that Design-Builder has failed or refused to perform any of the obligations set forth in the Contract Documents, or is in breach of any provision of the Contract Documents, City may give written notice of default to Design-Builder in the manner specified for the giving of notices in the Design-Build Contract.

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13.2 Opportunity to Cure Default.

Except for emergencies, Design-Builder shall cure any default in performance of its obligations under the Contract Documents within two (2) Days after receipt of written notice. However, if the breach cannot be reasonably cured within such time, DesignBuilder will commence to cure the breach within two (2) Days and will diligently and continuously prosecute such cure to completion within a reasonable time, which shall in no event be later than ten (10) Days after receipt of such written notice.

SECTION 14 CITY'S RIGHTS AND REMEDIES.

14.1 Remedies Upon Default.

In the event that Design-Builder fails to cure any default of this Design-Build Contract within the time period set forth above in Section 13, then City may pursue any remedies available under law or equity, including, without limitation, the following:

14.1.1 Delete Certain Services.

City may, without terminating the Design-Build Contract, delete certain portions of the Work, reserving to itself all rights to Losses related thereto.

14.1.2 Perform and Withhold.

City may, without terminating the Design-Build Contract, engage others to perform the Work or portion of the Work that has not been performed by Design-Builder and withhold the cost thereof to City from future payments to Design-Builder, reserving to itself all rights to Losses related thereto.

14.1.3 Suspend The Design-Build Contract.

City may, without terminating the Design-Build Contract and reserving to itself all rights to Losses related thereto, suspend all or any portion of this Design-Build Contract for as long a period of time as City determines, in its sole discretion, appropriate, in which event City shall have no obligation to adjust the Contract Price or Contract Time, and shall have no liability to Design-Builder for damages if City directs Design-Builder to resume Work.

14.1.4 Terminate the Design-Build Contract for Default.

City may terminate all or any part of this Design-Build Contract for default in accordance with Section 14.4 below, reserving to itself all rights to Losses related thereto.

14.1.5 Invoke the Performance Bond.

City may, with or without terminating the Design-Build Contract and reserving to itself all rights to Losses related thereto, exercise its rights under the Performance Bond.

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14.1.6 Additional Provisions.

All of City’s rights and remedies under this Design-Build Contract are cumulative, and shall be in addition to those rights and remedies available in law or in equity.

Designation in the Contract Documents of certain breaches as material shall not be construed as implying that other breaches not so designated are not material nor shall such designations be construed as limiting City’s right to terminate the Design-Build Contract, or the exercise of its other rights or remedies for default, to only material breaches. City’s determination of whether there has been noncompliance with the Design-Build Contract so as to warrant exercise by City of its rights and remedies for default under the Design-Build Contract, shall be binding on all parties. No termination or action taken by City after such termination shall prejudice any other rights or remedies of City provided by law or equity or by the Contract Documents upon such termination; and City may proceed against Design-Builder to recover all liquidated damages and Losses suffered by City.

14.2 Delays by Sureties.

Without limitation to any of City’s other rights or remedies under the law, City has the right to suspend the performance by Design-Builder’s sureties in the event of any of the following:
(i) Failure of the sureties to begin Work within a reasonable time in such manner as to insure full compliance with the Design-Build Contract within the Contract Time; (ii) Abandonment of the Work;
(iii) If at any time City is of the opinion the Work is unnecessarily or unreasonably delayed;
(iv) Willful violation of any terms of the Design-Build Contract; (v) Failure to perform according to the Contract Documents; or (vi) Failure to follow instructions of City for its completion within the Contract Time.

City will serve notice of such failure upon the sureties and in the event the sureties neglect or refuse to cure the breach within the time specified in such notice, City shall have the power to suspend the performance or any part thereof of the sureties.

14.3 Damages to City.

14.3.1 For Design-Builder's Default.

City will be entitled to recovery of all Losses under law or equity in the event of Design-Builder’s default under the Contract Documents.

14.3.2 Compensation for Losses.

In the event that City's Losses arise from Design-Builder’s default under the Contract Documents, City shall be entitled to withhold monies otherwise payable to Design-Builder until Final Completion of the Project. If City incurs Losses due to Design-Builder’s default, then the amount of Losses shall be deducted from the amounts withheld. Should the amount withheld exceed the amount deducted, the balance will be paid to Design-Builder or its designee upon Final Completion of the Project. If the Losses incurred by City exceed the amount withheld, Design-Builder shall be liable to City for the difference and shall promptly remit same to City.

14.4 Termination of the Design-Build Contract for Default.

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Without limitation to any of City’s other rights or remedies at law or in equity, and reserving to itself all rights to Losses related thereto, City shall have the right to terminate this Design-Build Contract, in whole or in part, upon the failure of Design-Builder to promptly cure any default as required by Section 13. City’s election to terminate the Design-Build Contract for default shall be communicated by giving Design-Builder a written notice of termination in the manner specified for the giving of notices in the Design-Build Contract.

Any notice of termination given to Design-Builder by City shall be effective immediately, unless otherwise provided therein.

14.5 Suspension by City for Convenience.

City may, at any time and from time to time, without cause, order Design-Builder, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time, up to an aggregate of fifty percent (50%) of the Contract Time, as City may determine, with such period of suspension to be computed from the date of the written order. Such order shall be specifically identified as a Suspension Order by City. Upon receipt of a Suspension Order, Design-Builder shall, at City’s expense, comply with its terms and take all reasonable steps to minimize costs allocable to the Work covered by the Suspension Order during the period of Work stoppage. Within the period of the above noted aggregate time, or such extension to that period as is agreed upon by Design-Builder and City, City shall either cancel the Suspension Order or delete the Work covered by such Suspension Order by issuing a Change Order. If a Suspension Order is canceled or expires, DesignBuilder shall resume and continue with the Work. A Change Order will be issued to cover any adjustments of the Contract Price or the Contract Time necessarily caused by such suspension. The provisions of this Section 14.5 shall not apply if a Suspension Order is not issued by City. A Suspension Order shall not be required to stop the Work as permitted or required under any other provision of the Contract Documents.

14.6 Termination Without Cause.

City shall have the option, at its sole discretion and without cause, of terminating this Design-Build Contract in part or in whole by giving thirty (30) Days written notice to DesignBuilder. Design-Builder agrees to accept such sums as allowed under this Section 14.6 as its sole and exclusive compensation and waives any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect or incidental damages of any kind.

14.6.1 Compensation.

Following such termination and within forty-five (45) Days after receipt of a billing from Design-Builder seeking payment of sums authorized by this Section 14.6, City shall pay to Design-Builder as its sole compensation for performance of the Work the following:
.1 For Work Performed. The amount of the Contract Price allocable to the portion of the Work properly performed by Design-Builder as of the date of termination, less sums previously paid to Design-Builder. .2 For Close-out Costs. Reasonable costs of Design-Builder and its Subcontractors and Sub-subcontractors for:
(i) Demobilizing and
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(ii) Administering the close-out of its participation in the Project (including, without limitation, all billing and accounting functions, not including attorney or expert fees) for a period of no longer than thirty (30) Days after receipt of the notice of termination.
.3 For Fabricated Items. Previously unpaid cost of any items delivered to the Project Site which were fabricated for subsequent incorporation in the Work.

14.6.2 Subcontractors.

Design-Builder shall include provisions in all of its subcontracts, purchase orders and other contracts permitting termination for convenience by Design-Builder on terms that are consistent with this Design-Build Contract and that afford no greater rights of recovery against Design-Builder than are afforded to Design-Builder under this Section 14.6.

14.7 Design-Builder’s Duties Upon Termination.

Upon receipt of a notice of termination for default or for convenience, Design-Builder shall, unless the notice directs otherwise, do the following:
(i) Immediately discontinue the Work to the extent specified in the notice; (ii) Place no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of such portion of the Work as is not discontinued;
(iii) Provide to City a description, in writing no later than fifteen (15) days after receipt of the notice of termination, of all subcontracts, purchase orders and contracts that are outstanding, including, without limitation, the terms of the original price, any changes, payments, balance owing, the status of the portion of the Work covered and a copy of the subcontract, purchase order or contract and any written changes, amendments or modifications thereto, together with such other information as City may determine necessary in order to decide whether to accept assignment of or request Design-Builder to terminate the subcontract, purchase order or contract; (iv) Promptly assign to City those subcontracts, purchase orders or contracts, or portions thereof, that City elects to accept by assignment and cancel, on the most favorable terms reasonably possible, all subcontracts, purchase orders or contracts, or portions thereof, that City does not elect to accept by assignment; and
(v) Thereafter do only such Work as may be necessary to preserve and protect Work already in progress and to protect materials, plants, and equipment on the Project Site or in transit thereto.

SECTION 15 CONTRACTOR'S RIGHTS AND REMEDIES.

15.1 Design-Builder’s Remedies.

Design-Builder may terminate this Design-Build Contract for cause only upon the occurrence of one of the following:

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15.1.1 For Work Stoppage.

The Work is stopped for sixty (60) consecutive Days, through no act or fault of Design-Builder, any Subcontractor, or any employee or agent of Design-Builder or any Subcontractor, due to issuance of an order of a court or other public authority other than City having jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable.

15.1.2 For City's Non-Payment.

If City does not make payment of sums that are not in good faith disputed by City and does not cure such default within ninety (60) Days after receipt of notice from Design-Builder, then upon an additional thirty (30) Days’ notice to City DesignBuilder may terminate the Design-Build Contract.

15.2 Damages to Design-Builder.

In the event of termination for cause by Design-Builder, City shall pay Design-Builder the sums provided for in Section 14.6 above. Design-Builder agrees to accept such sums as its sole and exclusive compensation and agrees to waive any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect and incidental damages, of any kind.

SECTION 16 ACCOUNTING RECORDS.

16.1 Financial Management and City Access.

Design-Builder shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Design-Build Contract in accordance with generally accepted accounting principles and practices consistently applied. City and City's accountants shall be afforded access at all times during normal business hours, to inspect, audit and copy Design-Builder's records, books, estimates, take-offs, cost reports, ledgers, schedules, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Project, and Design-Builder shall preserve these for a period of three (3) years after the later of (i) final payment or (ii) final resolution of all Contract Disputes and other disputes or for such longer period as may be required by law.

16.2 Compliance with City Requests.

Design-Builder's compliance with any request by City pursuant to this Section16 shall be a condition precedent to filing or maintenance of any legal action or proceeding by DesignBuilder against City and to Design-Builder's right to receive further payments under the Contract Documents. Any failure by Design-Builder to provide access to its business records for inspection or copying by City shall be specifically enforceable by issuance of a writ or a provisional or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court, without the necessity of oral testimony.

SECTION 17 INDEPENDENT PARTIES.

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Both parties to this Design-Build Contract will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another. City, its officers or employees shall have no control over the conduct of Design-Builder or its respective agents, employees, subconsultants, or subcontractors, except as herein set forth.

SECTION 18 NUISANCE.

Design-Builder shall not maintain, commit, nor permit the maintenance or commission of any nuisance in connection with the performance of services under this Design-Build Contract.

SECTION 19 PERMITS AND LICENSES.

Design-Builder, at its sole expense, shall obtain and maintain during the term of this Design-Build Contract, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services hereunder, including, but not limited to, a Santa Monica business license.

SECTION 20 WAIVER.

A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.

SECTION 21 CONFLICTS WITH THE DESIGN-BUILD CONTRACT.

City and Design-Builder agree that if there is any conflict between the terms of this Design-Build Contract and the other Contract Documents, this Design-Build Contract shall control.

SECTION 22 GOVERNING LAW.

This Design-Build Contract shall be construed in accordance with and governed by the laws of the State of California.

SECTION 23 COMPLETE DESIGN-BUILD CONTRACT .

This Design-Build Contract represents the full and complete understanding of every kind or nature between the parties with respect to the services set forth in this Design-Build Contract, and all preliminary negotiations and contracts of whatever kind or nature are merged herein. No verbal agreed or implied covenant shall be held to vary the provisions of this Design-Build Contract. Any modification of this Design-Build Contract will be effective only upon written execution signed by both City and Design-Builder and approved as to form by City Attorney.

SECTION 24 SURVIVAL OF CONTRACT.

The provisions of the Design-Build Contract which by their nature survive termination of the Design-Build Contract or Final Completion, including, without limitation, all warranties, indemnities, payment obligations, and City’s right to audit Design-Builder’s books and records, shall remain in full force and effect after Final Completion or any termination of the Design-Build Contract.

DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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SECTION 25 ADDITIONAL CONTRACT REQUIREMENTS.

This contract ( does or does not) have special fund(s) involved requiring additional contract requirements, therefore this section ( does or does not) apply.

This Contract includes the following source of fund(s) or the City intends to apply to the following source of fund(s) for reimbursement of the expenses associated with the work set forth in this Contract:

Community Development Block Grant (CDBG)
Housing and Urban Development (HUD)
Metropolitan Transportation Authority (MTA)
Other: __________________________________
Therefore, City shall require Design-Builder to comply with the special fund(s) requirements, as they may be amended from time to time, in addition to all other requirements imposed by City.

SECTION 26 SANTA MONICA LIVING WAGE ORDINANCE.

This contract ( is or is not) subject to the City of Santa Monica’s Living Wage Ordinance.

The City of Santa Monica’s Living Wage Ordinance, Santa Monica Municipal Code Chapter 4.65 (“Living Wage Ordinance”), requires the payment of Minimum Wage for work done on any Contract over a certain threshold to any worker who does not actually work as a manager, supervisor or confidential employee, and who is not required to possess an occupational license.

The established Minimum Wage includes an annual adjustment each July 1st by an amount corresponding to the previous calendar year’s change in the Consumer Price Index for Urban Wage Earners and Clerical Workers in Los Angeles, Riverside and Orange Counties.

If this Contract is subject to such Living Wage Ordinance, then the contractor shall comply with all of its provisions. Failure to comply with the provisions of the Living Wage Ordinance shall be grounds for termination of this Contract. Questions concerning the Living Wage Ordinance may be directed to the City Finance Department at (310) 458-8281.

SECTION 27 SANTA MONICA OAKS INITIATIVE NOTICE.

This contract ( is or is not) subject to the City of Santa Monica’s Oaks Initiative.

Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. It prohibits a public official from receiving specified personal benefits from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000.

DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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If this Contract is subject to such Oaks Initiative, then the Design-Builder shall comply with all of its provisions and disclosures. Failure to comply with the provisions of the Oaks Initiative shall be grounds for termination of this Contract. Questions concerning the Living Wage Ordinance may be directed to the City Finance Department at (310) 458-8281.

SECTION 28 PUBLIC WORKS CONTRACTOR REGISTRATION PROGRAM In accordance with State of California Senate Bill No. 854 (SB 854):
 No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].  No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.  This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

As of April 1, 2015, contractors and subcontractors must furnish electronic certified payroll records to the Labor Commissioner (State of California, Division of Labor Standards Enforcement).

Please see the DIR website for complete details and actions. It is the responsibility of the contractor to ensure all DIR requirements and regulations are met and stay current. For more information on Senate Bill No. 854, see http://www.dir.ca.gov/Public-Works/SB854.html.

SECTION 29 GOVERNMENTAL POWERS.

Nothing in this Design-Build Contract shall be deemed directly or indirectly to restrict or to impair in any manner or respect whatsoever any of City's governmental powers or rights or the exercise thereof by City, with respect to the Work or Project.

SECTION 30 SEVERABILITY.

In case a provision of this Design-Build Contract is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected.

SECTION 31 ELECTRONIC SIGNATURE.

DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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Each party agrees that the transaction consisting of this Design-Build Contract may be conducted by electronic means. Each party agrees, and acknowledges that it is such party’s intent, that if such party signs this Design-Build Contract using an electronic signature, it is signing, adopting, and accepting this Design-Build Contract and that signing this Design-Build Contract using an electronic signature is the legal equivalent of having placed its handwritten signature on this Design-Build Contract on paper. Each party acknowledges that it is being provided with an electronic or paper copy of this Design-Build Contract in a usable format.

SECTION 32 COUNTERPARTS.

This Design-Build Contract may be executed by the parties hereto in separate counterparts, including both counterparts that are executed manually on paper and counterparts that are in the form of electronic records and are executed using an electronic signature, which when so executed and delivered shall be an original, but all such counterparts shall together constitute but one and the same instrument.

DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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SECTION 33 EXHIBITS.

The following Exhibits are incorporated by this reference as though fully set forth herein.

Exhibit 1– Notice Inviting Bids.

Exhibit 2 – Safeguard US Inc. - Construction Bid Form.

Exhibit 3 – Performance and Payment Bonds
Exhibit 4 – Scope of Services
Exhibit 5 – Rate Schedule
Exhibit 6 – Public Works Insurance Requirements
Exhibit 7 – Insurance Forms
Exhibit 8 – Professional Liability Insurance
Exhibit 9 – Approved – Prevailing Wage Acknowledgment Forms Exhibit 10 – Staff Report – Fall Protection
IN WITNESS WHEREOF, the parties have caused this Design-Build Contract to be executed the date and year first above written.

CITY OF SANTA MONICA,
a municipal corporation
By: __________________________

RICK COLE
APPROVED AS TO FORM:

By: ___________________________

LANE DILG
ATTEST:

By: ____________________________

DENISE ANDERSON-WARREN
#VENDOR
By: _________________________
DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D 7/15/2021
George S. Cardona
Interim City Attorney
Safeguard US Inc dba Safeguard Industries
Paul Betts
GM
7/21/2021
John Jalili
Interim City Manager
7/22/2021
7/22/2021
City Clerk
Denise Anderson-Warren

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DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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Packet Pg. 179 Attachment: X - Safeguard Agreement (6793 : Fall Protection Phase 3 Safeguard) Public Works | Notice Inviting Bids – Over Threshold | January 2020

CITY OF SANTA MONICA

NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that the City of Santa Monica invites Contractors to complete and submit electronic bids for the:

Fall Protection
SP2643
Bids will only be accepted through the CITY’S ONLINE VENDOR PORTAL, PlanetBids or http://vendors.planetbids.com/SantaMonica. They must be received by the specified date and time.

Late bids will not be accepted. Please allow sufficient time for uploading of documents. The bid opening will be electronic, all submitted bids will be viewable by the public via Planet Bids immediately after bid close time.

PRE-BID JOB WALK:

REFER TO VIDEOS OF BUILDINGS EXISTING CONDITION ON RFB FILES IN LIEU OF JOB WALK.

PROJECT ESTIMATE: $1,000,000
CONTRACT DAYS: 210 Calendar Days
LIQUIDATED DAMAGES: $2,700 Per Calendar Day
Bidding Documents may be obtained by logging onto the City’s bidding website at:
http://www.smgov.net/planetbids/. The Contractor is required to have an A or B License license at the time of bid submission. Contractors wishing to be considered must submit Bids containing all information required pursuant to the City’s Request for Bids.

Pursuant to Public Contracts Code Section 22300, the Contractor shall be permitted to substitute securities for any monies withheld by the City to ensure performance under this Contract.

Dated:

APPROVED AS TO FORM: CITY OF SANTA MONICA
______________________________ By:________________________

TO BE PUBLISHED: _______________________
DocuSign Envelope ID: 4796F220-B344-4DBF-8C16-1BCD1368C194 Interim City Attorney
George Cardona
11/19/2020
Lane Dilgs
Interim City Manager
DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

5.F.a
Packet Pg. 180 Attachment: X - Safeguard Agreement (6793 : Fall Protection Phase 3 Safeguard) EXHIBIT 2
DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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Packet Pg. 181 Attachment: X - Safeguard Agreement (6793 : Fall Protection Phase 3 Safeguard) Bidder’s Name: ________________________________ (enter on each bid form page)

CONSTRUCTION

BID FORM
SP#: 2643
Project Name: Fall Protection

Contractor Project Manager Name:____________________________ Email and Phone:___________________________________________ Paul Betts [email protected] ; (702) 553-9967 Safeguard US Inc.

DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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BID FORM: TABLE OF CONTENTS
1) INTRODUCTION ...................................................................................................................................................... 2 2) INSTRUCTIONS TO BIDDERS .................................................................................................................................. 2 3) DOCUMENT EXAMINATION ................................................................................................................................... 2 4) ERRORS AND OMISSIONS ...................................................................................................................................... 2 5) WORK START-UP .................................................................................................................................................... 2 6) NON-COLLUSION DECLARATION FORM ................................................................................................................ 3 7) BID GUARANTEE OR BIDDER'S BOND .................................................................................................................... 3 9) TOTAL BID .............................................................................................................................................................. 3 10) REJECTION OF BIDS ................................................................................................................................................ 3 11) DESIGNATION OF SUBCONTRACTORS .................................................................................................................. 4 12) BASE BID .................................................................................................................................................................. 4 13) ADDITIVE/DEDUCTIVE ALERNATE BID .................................................................................................................... 4 14) PRE-BID QUALIFICATION STATEMENT (if applicable) .......................................................................................... 6 15) BIDDERS QUALIFICATION STATEMENT.................................................................................................................. 6 16) ADDENDA ............................................................................................................................................................. 20 17) BIDDER’S ACKNOWLEDGMENT ........................................................................................................................... 21 ATTACHMENT A – BID GUARANTEE OR BIDDER'S BOND .................................................................................................. 23 ATTACHMENT B – CONSTRUCTION PROJECTS IN PROGRESS ............................................................................................ 24 ATTACHMENT C – COMPLETED CONSTRUCTION PROJECTS .............................................................................................. 25 ATTACHMENT D – ASSESSMENTS/PENALTIES BY GOVERNMENTAL ENTITIES .................................................................. 26 ATTACHMENT E – PUBLIC WORKS INSURANCE REQUIREMENTS ...................................................................................... 27 ATTACHMENT F – LIVING WAGE FORM ............................................................................................................................. 31 ATTACHMENT G – OAKS INITIATIVE DISCLOSURE FORM .................................................................................................. 33 ATTACHMENT H – PREVAILING WAGE REQUIREMENTS ................................................................................................... 36 Prevailing Wage- Attachment 1 ......................................................................................................................................... 42 Prevailing Wage- Attachment 2 ......................................................................................................................................... 43 Prevailing Wage- Attachment 3 ......................................................................................................................................... 46 Prevailing Wage- Attachment 4 ......................................................................................................................................... 48 Prevailing Wage- Attachment 5 ......................................................................................................................................... 50 Prevailing Wage- Attachment 6 ......................................................................................................................................... 51 ATTACHMENT I – NON COLLUSION DECLARATION FORM ................................................................................................ 54

ATTACHMENT J - SCOPE OF WORK

ATTACHMENT K - ROOF FALL HAZARD RISK ASSESSMENT

ATTACHMENT L - FALL PROTECTION'S BASE BID - BID FORM

ATTACHMENT M - RFB - SCHEDULE

ATTACHMENT N - LIST OF EXISTING SITE CONDITION VIDEOS
Safeguard US Inc.

DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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BID FORM

HONORABLE MAYOR AND

MEMBERS OF THE CITY COUNCIL
City of Santa Monica
1685 Main Street
Santa Monica, California 90401
The undersigned hereby submits the following Bid to conduct the Work described in the Bid Documents. It is understood and agreed that:
1) INTRODUCTION
All Work shall be completed within the price shown herein below and within the Contract Time.

Submission of a Bid will be deemed a binding offer for one hundred twenty (120) Days from the Bid opening. The undersigned agrees to enter into the Construction Contract contained in the Bid Documents on the terms contained therein. Capitalized terms used herein shall have the meanings assigned to them in the Bid Documents.
2) INSTRUCTIONS TO BIDDERS
The undersigned acknowledges receiving the Instructions to Bidders and hereby agrees to the terms set forth therein.
3) DOCUMENT EXAMINATION
The undersigned has carefully examined all Bid Documents. 4) ERRORS AND OMISSIONS
The undersigned fully understands the scope of Work and has checked carefully all words and figures inserted in this Bid and further understands that the City of Santa Monica will be in no way responsible for any errors and/or omissions in the preparation of the Bid. 5) WORK START-UP
The undersigned agrees, acknowledges and is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of this Contract if it is awarded to the undersigned.

The undersigned will not begin the Work until all requirements in regard to bonds and insurance have been satisfied, the Contract has been executed and the Notice to Proceed has been issued.

The undersigned understands that time is of the essence with respect to all time limits set forth in the Contract Documents and will complete all Work within the Contract Time specified in the Contract Documents. The undersigned will execute the Contract and furnish the required statutory bonds and Certificates of Insurance within the period of time specified in the Contract Documents.

Safeguard US Inc.

DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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6) NON-COLLUSION DECLARATION FORM
Bidders must sign and upload the City’s Non-Collusion Declaration Form (Attachment I) as part of the Bid Form.

The three lowest monetary bidders must mail in the hard copy of the Non-Collusion Declaration Form within 72 hours of bid close. It is the responsibility of the bidders to check PlanetBids after bid close to see if they are one of the three lowest bidders. Any of the three lowest bidders who fails to mail in the Non-Collusion Declaration Form will be deemed non-responsive. Please mail form to: City of Santa Monica, Department of Public Works, SP2643, William Clerk, 1685 Main Street Mail Stop 15, Santa Monica, CA 90401.
7) BID GUARANTEE OR BIDDER'S BOND
In the event the undersigned fails to execute a Construction Contract and furnish the required bonds and insurance therefore within the time provided by the Request for Bids, the undersigned agrees that the City of Santa Monica shall recover or retain as liquidated damages all amounts equal to ten percent (10%) of the total amount of the award made, all in accordance with the foregoing stipulations.

If the Bidder desires to submit a bond with the Bid instead of a certified check or a cashier's check, the form attached hereto and incorporated herein as Attachment A should be executed.

Bid bonds (or cashier’s checks) must be scanned and uploaded into the electronic bid (via PlanetBids). The three lowest monetary bidders must mail in bid bond (or Cashier’s Check) via United States Postal Services (USPS) only to the City within 72 hours of bid close. Please DO NOT send bid bonds via Federal Express or United Parcel Service (UPS). It is the responsibility of the bidders to check PlanetBids after bid close to see if they are one of the three lowest bidders.

Any bidder who fails to mail in the bond will be deemed non-responsive. Please mail bond (or cashier’s check) to: City of Santa Monica, Department of Public Works SP2643, William Clerk, 1685 Main Street Mail Stop 15, Santa Monica, CA 90401.
8) PRE-BID SITE INSPECTION CERTIFICATION
Refer to Attachment “N”.
9) TOTAL BID
To determine the lowest monetary Bidder, the City will calculate the Total Base Bid, which will equal the sum of the Base Bid as entered in the electronic bid via PlanetBids. See details listed in No. 12 (Base Bid). The Contract will be awarded to the Best Bidder in accordance with Santa Monica Municipal Code Section 2.24.180.

The Total Base Bid will equal the sum of the Base Bid item(s) items and will NOT include the Additive/Deductive Alternate Bid(s) unless otherwise specifically stated in Number 6 of the Bid Instructions.
10) REJECTION OF BIDS
The City reserves the right, in its sole discretion, to reject all Bids, delete construction items, and/or decrease quantities of Unit Price items, or waive any minor irregularities in the Bids.

Safeguard US Inc.

DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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11) DESIGNATION OF SUBCONTRACTORS
In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100 et seq. of the California Public Contract Code, and any amendments thereto, the undersigned shall set forth below the name and location of the place of business of each Subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the Work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the Contractor's Total Bid, and shall further set forth the trade(s) that will be done by each Subcontractor and the dollar amount of each subcontract. Only one Subcontractor for each such trade shall be listed. If there are additive alternates, the Contractor must list any subcontractors performing in excess of one-half (1/2) of one percent (1%) of the Contractor’s Total Bid.

If the Contractor fails to specify a Subcontractor for any portion of the Work to be performed under the Contract, the Contractor shall be deemed to have agreed to perform such portion itself, and it shall not be permitted to subcontract that portion of the Work except in cases of public emergency or necessity, and then only after the City, in a finding reduced to writing as a public record of the City, sets forth the facts constituting the emergency or necessity.

Re-subletting or re-subcontracting of any portion of the Work for which a subcontractor was designated in the original Bid shall only be permitted for the reasons and according to the procedures set forth in Sections 4100 et seq. of the California Public Contract Code.

Subcontractor Name, Phone Number, Address, License Number, Trade, and dollar amount of subcontract must be added into the electronic bid via PlanetBids, in the Subcontractor Section.

This is required information.
12) BASE BID
Bidders are to enter line items as part of their electronic bid via PlanetBids (Line Items tab). The Bidder agrees to provide and install all Work as described in the Contract Documents, including licenses, permits, fees, taxes, overhead, bond and insurance, for the lump sum set forth in the line items listed in the base bid. The quantities set forth in the unit prices entered into the electronic bid are an approximation. The City does not represent that the actual quantity of any item will equal the approximate quantity stated. In addition the City shall have the right to increase or decrease any item for which an approximate quantity is stated, based on unit price Bid, or to require changes in the Contract Documents which do not in the opinion of the City materially change the character of the Work of the item from that on which the Bidder based its unit price Bid. The Contract Sum will be adjusted at the Unit Prices quoted on the basis of actual quantities measured during the Work. As noted above, the Work described in the Unit Prices is in addition to the quantities currently shown in the Contract Documents as part of the Work of the Base Bid. The quantities quoted in the Unit Prices entered into the electronic bid are an approximation and are not intended to represent actual quantities. 13) ADDITIVE/DEDUCTIVE ALERNATE BID
If additive/deductive alternate bid(s) are applicable, Bidders are to enter line items via PlanetBids (Line Items tab). The Bidder agrees to provide an additive/deductive for the Alternate items listed herein as part of the overall Work. The quantities set forth in the unit prices entered into the electronic bid are an approximation. The City does not represent that the actual quantity of any Safeguard US Inc.

DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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item will equal the approximate quantity stated. In addition the City shall have the right to increase or decrease any item for which an approximate quantity is stated, based on unit price Bid, or to require changes in the Contract Documents which do not in the opinion of the City materially change the character of the Work of the item from that on which the Bidder based its unit price Bid. The Contract Sum will be adjusted at the Unit Prices quoted on the basis of actual quantities measured during the Work. As noted above, the Work described in the Unit Prices is in addition to the quantities currently shown in the Contract Documents as part of the Work of the Base Bid. Also as noted below, the quantities quoted in the electronic bid Unit Prices are an approximation and are not intended to represent actual quantities.

Safeguard US Inc.

DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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Packet Pg. 187 Attachment: X - Safeguard Agreement (6793 : Fall Protection Phase 3 Safeguard) Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 6 | P a g e
14) PRE-BID QUALIFICATION STATEMENT (if applicable)
The Contractor Pre-Qualification Statement" submitted as Phase One of the Bid Process does NOT need to be resubmitted with the Bid (Phase Two), but is considered part of the Contractor's overall Bid package and is hereby incorporated by reference into this Bid. 15) BIDDERS QUALIFICATION STATEMENT

RESPONSES TO THE QUESTIONS CONTAINED IN THIS BIDDERS QUALIFICATION STATEMENT

MUST BE SUBMITTED ON THIS FORM
The City reserves the right, after reviewing the qualification statements, to reject any and all Bids, and to award the Bid to the Best Bidder. The following qualification statements are intended for the purpose of determining the Bidder qualified to provide successful performance on the type of work required to construct this Project.

The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter.

Submitted To: City of Santa Monica
Address: 1685 Main Street, Santa Monica, CA 90401
Submitted by: ___________________________________
A. CONTACT INFORMATION
Submitted By: Bidder/Contractor Information
Bidder/Proposer Business Name:

Contractor’s License Number:

Street Address:

City, State, Zip Code:

Contact Person Name/Title:

Contact Person Phone:

Contact Person Email Address:

Alternate Contact:

Alternate Contact Person Email Address:

Name and Email Address of the person
who is authorized to sign the contract on
behalf of the Contractor (needed for City’s
electronic contract approval software
program, DocuSign©):

Safeguard US Inc. Siamak GooshehSafeguard US Inc. 1021082 6335 North Hollywood Boulevard, Suite 140 Las Vegas, Nevada 89115 Paul Betts (702) 553-9967 [email protected] Siamak Goosheh [email protected] Paul Betts
[email protected]
DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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B. BUSINESS ORGANIZATION/STRUCTURE
Indicate the organizational structure of your firm.

Corporation Partnership Joint Venture Individual Other
If a Corporation, answer the following questions:

If a Partnership, answer the following questions:

Type of Partnership (Limited or General):

Date of Organization:

Location where Partnership formed:

Name(s) and Address(es) of Partner(s):

Authorized Signatory(ies):

If a Joint Venture, answer the following questions:

Date of Formation:

Place of Formation:

Authorized Signatory(ies)
If a Sole Proprietorship, answer the following questions:

Date of Formation:

Place of Formation:

Authorized Signatory(ies)

Date incorporated: _____/_____/_____
State of Incorporation:

President’s Name:

Vice President Name(s):

Secretary or Clerk’s Name:

Treasurer’s Name:

Safeguard US Inc. June 18 2012
N/A for all
N/A for all N/A for all
Nevada Austin Townsend Ahsan Mesia -
-
DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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If Other, answer the following questions:

Name of Organization:

Name of Principals:

Authorized Signatory(ies)
C. OWNERSHIP AND NAME CHANGES

1. Is your firm a subsidiary, parent, holding company, or affiliate of another firm? Yes No
If Yes, explain the relationship between your firm and the associated firms. Include information about an affiliated firm only if one firm owns 50% or more of another firm, or if an owner, partner or officer of your firm holds a similar position in another firm:
__________________________________________________________________________________ __________________________________________________________________________________ ________________________________________________________________

2. Has any of the firm’s owners, partners, principals or officers operated a similar business in the past five years?
Yes No
If yes, identify all other business names used by any Corporate Officers, Partners or Principals within the past five years. Provide the names and addresses of all such businesses, and the person who operated the business. Include information about a similar business only if an owner, partner or officer of your firm holds a similar position in another firm:
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

3. Has the firm changed names in the past five years?
Yes No
If Yes, list all prior business names, addresses, and the dates they were used. Explain the reason for each name change in the last five years:
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

4. Number of years engaged in construction business under firm’s present name: _______

5. Are any of your firm’s licenses held in the name of a corporation or partnership? Yes No
Safeguard US Inc.

N/A for all
8 Safeguard US Inc is owned by Kee Safety - A leading OEM of Engineered Fall Protection Systems
DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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If Yes, list the name of the corporation or partnership that actually holds the license.

Bidders/Contractors:
__________________________________________________________________________________ ______________________________________________________________________

6. Is your firm registered with the State of California, Department of Industrial Relations, as outlined in Instruction to Bidders, Page 13?
Yes No
DIR Registration Number: __________________________

7. Are your subcontractors registered with the State of California, Department of Industrial Relations, as outlined in Instruction to Bidders, Page 13? Yes No

Subcontractor’s Name DIR Number
**Subcontractors performing prevailing work on the jobs must be registered at time of bid opening or they cannot be used on the job. If you have a subcontractor who was not registered at time of bid opening, a replacement subcontractor who was registered at time can be substituted**.

8. Contractors State License Board
In the last 10 years, has any owner, partner, principal or officer of your company been issued a CSLB license under a different company name (sole ownership, partnership, corporation, or Limited Liability company)? Yes No
If “Yes”, state the name of the owner, partner, principal or officer, previous license number and the company name. Explain reason for CSLB license change.

To the best of your knowledge, has the owner, partner, principal or officer of your company (or any company the person is or was a part of as stated above) ever received a citation from CSLB or had a contractor license or other professional or vocational license or registration denied, suspended, revoked, or otherwise disciplined by this state or elsewhere (i.e., other U.S. state, U.S. territory, agency of the federal government, or other country)? Yes No
If “Yes”, you are required to attach a statement detailing the events leading to this action.

Safeguard US Inc. EBERHARD ROOFING License #329087 1000044231 DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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9. Staff Roster/Functions:

Furnish a proposed organization chart that includes all positions and names of personnel anticipated to be assigned to the project and indicate whether part or full time. List key member of your staff who will be assigned to or responsible for work as a team member on this Project and provide the following information for each individual:

Project Executive Project Superintendent Project Manger Name
(Attach Resumes)

Years with Company
Years in Position
Projects Completed and
for Whom
D. FINANCIAL RESOURCES AND RESPONSIBILITY

10. In the past five years, has your firm ever been denied bonding? Yes No If Yes, explain the circumstances surrounding each instance:
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

11. Has a bonding company ever been required to pay on a bond issued to your firm for a contract? Yes No
If Yes, explain the circumstances surrounding each instance:
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Safeguard US Inc. Adefisayo Haastrup David Oyakhilome 1 4 1 2
Darcy Venderham 4
3 Many including:

Beverly Center Facade Access
- Los Angeles, CA - Swinerton
- San Ysidro Border Station
Bldg Phase 3 - San Ysidro, CA
- Clark Construction
Rampart Mint - Los Angeles,
CA - Dreyfuss Construction
Many including:

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12. Have you or your firm or any principal in your firm ever been adjudged bankrupt in any voluntary or involuntary bankruptcy proceeding?
Yes No
If Yes, explain the circumstances surrounding each instance:
__________________________________________________________________________________ __________________________________________________________________________________ _________________________________________________________________________________

13. Is your firm in the process of, or in negotiations toward, being sold? Yes No
If Yes, explain the circumstances:
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

14. The Contractor's bonding companies must meet the requirements set forth in the Bid Documents. Provide information regarding the company(ies) that will be providing bonding coverage for this project:

Name of Firm: (1)__________________ (2) ____________________ Address: ________________________________________________ Telephone: ____________________
AM Best Rating: ____________________

15. Provide your banking references:

Name of Agent: (1) ________________________ (2) ________________________ Name of Firm: ________________________________________________ Address: ________________________________________________ Telephone: ____________________
Safeguard US Inc. Northbridge Insurance
Skanska USA Building Inc, One California Street, Suite 1400, San Francisco, CA 94111 Imran Iqbal, Vice President Bank of America 702-305-9598 604 683 5511 A 300 S 4 street Las Vegas NV 89101
DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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E. INSURANCE

16. Indicate whether your firm currently has a workers’ compensation insurance policy in effect, whether it is legally self-insured, or whether it currently has no workers’ compensation insurance policy in effect.

Workers’ Compensation Insurance Policy Currently in Effect Legally Self-Insured
No Workers’ Compensation Policy Currently in Effect
If you have no worker’s compensation insurance policy currently in effect, and you are not legally self-insured, provide an explanation below:
__________________________________________________________________________________ __________________________________________________________________________________ _________________________________________________________________________________

17. List the Experience Modification Rate (EMR) issued to your firm annually by your workers’ compensation insurance carrier for the last three years. Begin with the most recent year (YR 1) that an EMR rate was issued (EMR -1). If any of the rates for the three years is or was 1.00 or higher, provide an explanation below.

YR. 1: _______ YR 2: _______ YR. 3: _______
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

18. Within the past five years, has your firm ever had employees but was without workers’ compensation insurance or state approved self-insurance? Yes No
If Yes, explain each instance. If No, attach a statement from your worker’s compensation insurance provider that you have been continuously insured for the past five years:
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

19. The Contractor's insurance carriers must meet the requirements set forth in the Bid Documents. Provide information regarding your insurance agent or agents who will be providing insurance certificates evidencing required coverages for the project:

Name of Agent: (1)__________________________ (2)___________________________ Name of Firm: ___________________________________________________________ Address/Telephone: ___________________________________________________________ Safeguard US Inc. 0.86
2020

0.88 2019

0.93 2018 Priscilla Flores Willis Towers Watson
920 Memorial City Way, Ste. 500, Houston, Texas 77024 713-625-1126 DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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F. CONSTRUCTION EXPERIENCE

20. Has your firm ever held any contracts with the City of Santa Monica or any of its departments? Yes No
If YES- List all contracts your firm has had with the City of Santa Monica for the last 10 years.

For each contract listed in response to this question, include: (a) project name; (b) name of a City contact and phone number; (c) purpose of contract; (d) total cost; (e) starting date; and (f) ending date.
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

21. List all contracts your firm has had in excess of $ 1,000,000 with any private or governmental entity (other than the City of Santa Monica) over the last five years that are similar to the work to be performed on the contract for which you are bidding or proposing.

Construction Experience: Bidder participating in this publicly bid contract must have completed at least 5 projects similar in scope to the Project subject of this bid in the 5 years. List minimum of 5 construction projects completed by the bidder that best exemplify the firm’s ability to successfully complete this project.

Check the box if you have not had any similar contracts in the last five years.

List on Attachment B: Provide a list of the current construction projects in excess of $500,000 your organization currently has in progress.

List on Attachment C: Provide a list of completed construction projects in excess of $500,000 your organization has completed within the past 5 years .

22. In the past five years, has a governmental or private entity or individual terminated your firm’s contract prior to its completion of the contract?
Yes No
If Yes, explain the circumstances surrounding each instance. __________________________________________________________________________________ __________________________________________________________________________________ ____________________________________________________________________ _____________

23. Has your firm ever failed to complete a project by the construction deadline specified in the contract?
Yes No
Safeguard US Inc.

Please refer to project
lists - Attachment B
DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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If yes, describe below the nature of the particular project, the original number of contract days specified for completion, the reasons for any delays, any change orders extending the time of completion, and the total number of days actually required to complete the project.
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

24. Has your firm ever been penalized with liquidated damages for failure to complete the terms of a contract within a specified time?
Yes No

25. In the past five years, has your firm or firm in which an owner, partner, or officer of your firm held a similar position ever been debarred by any Local, State or Federal agency? Yes No
If Yes, explain here.
____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________

26. In the past five years, has your firm or firm in which an owner, partner, or officer of your firm held a similar position defaulted on a contract or determined to be a nonresponsible bidder or contractor?
Yes No
If Yes, explain the circumstances surrounding each instance:
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

27. List in an attachment your major equipment available for this Contract.

28. Provide or attach information regarding your on-site quality control and safety programs.

29. Has CAL OSHA cited and assessed penalties against your firm for any “serious,” willful,” or “repeat” violations of its safety or health regulations in the past five years? Yes No
If yes, what were the circumstances?
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Safeguard US Inc.

DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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30. Has the EPA or any Air Quality Management District or any Regional Water Quality Control Board cited and assessed penalties against either your firm or the owner of a project on which your firm was the contractor, in the past five years?
Yes No
If yes, what were the circumstances?
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ G. CLAIMS and LITIGATION
Contractor as Defendant

31. Have you, your firm, or any principal in your firm ever had any claims filed against you by any "owner" (including a public agency owner), bonding company, subcontractor or supplier? Yes No
If you answer Yes, explain the circumstances surrounding each instance below. You must include the following in your response: the name of the plaintiffs in each court case, the specific causes of action in each case; the date each case was filed; and the disposition/current status of each case.
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

32. Have you, your firm, or any principal in your firm ever had been sued by any "owner" (including a public agency owner), or bonding company insuring said "owner" for default on a contract? Yes No
If you answer Yes, explain the circumstances surrounding each instance below. You must include the following in your response: the name of the plaintiffs in each court case, the specific causes of action in each case; the date each case was filed; and the disposition/current status of each case.
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

33. Have you, your firm, or any principal in your firm ever been sued by a subcontractor or material supplier for default on a contract?
Yes No
Safeguard US Inc.

DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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If yes, provide a description of the case, the court location, case number and the outcome for each lawsuit below:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

34. During the past 5 years have you, your firm, or any principal in your firm been a defendant in any lawsuit besides those described in the paragraphs above? Yes No
If yes, provide a description of the case, the court location, case number and the outcome for each lawsuit below:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Contractor as Claimant or Plaintiff

35. Have you, your firm, or any principal in your firm ever filed a claim against an "owner" (including any public agency owner) or a bonding company insuring an "owner" for any claims arising under any contract?
Yes No
If yes, provide a description of the case, the court location, case number and the outcome for each lawsuit below:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

36. Have you, your firm, or any principal in your firm ever filed a lawsuit against an "owner" (including any public agency owner) or a bonding company insuring an "owner" for any disputes arising under any contract?
Yes No
If yes, a description of the case, the court location, case number and the outcome for each lawsuit below:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Safeguard US Inc.

DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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Binding Arbitration

37. Have you, your firm, or any principal in your firm ever had to submit to binding arbitration to resolve a dispute arising from a contract?
Yes No
If yes, discuss the circumstances and outcome of such arbitration below:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

38. Does your firm have any outstanding judgments pending against it? Yes No
If Yes, explain the circumstances surrounding each instance below:
________________________________________________________________________ H. COMPLIANCE

39. In the past five years, has your firm or any of its owners, partners or officers, ever been investigated, cited, assessed any penalties, or been found to have violated any laws, rules, or regulations enforced or administered, by any of the governmental entities listed on Attachment D? For this question, the term “owner” does not include owners of stock in your firm if your firm is a publicly traded Corporation.

Yes No
If Yes, explain the circumstances surrounding each instance, including the entity that was involved, the dates of such instances, and the outcome below:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

40. Department of Industrial Relations (DIR) History:

Has your firm or any of its owners, partners or officers (or firm under previous DBA) had any assessments issued by DIR or have any open investigations with the DIR within the last 5 years? If YES, how many open investigations? ________________
Attach Documentation on the case(s).

If YES, how many assessments have been issued to your firm? ________________ Attach Assessment(s) issued by DIR and explain the case(s).

Note: Failure to disclose or underreport this information may be factored into your firm’s bid evaluation.

Safeguard US Inc. No
DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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41. If a license is required to perform any services provided by your firm, has your firm, or any person employed by your firm, been investigated, found to have violated, cited, assessed any penalties, or subject to any disciplinary action by a licensing agency for violation of any licensing laws in the past five years?
Yes No
If Yes, explain the circumstances surrounding each instance in the last five years below:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

42. Provide the name(s), address(s) and telephone number(s) of the apprenticeship program sponsor(s) approved by the California Division of Apprenticeship Standards that may provide apprentices to your company for use on any public works projects that you are awarded by the City of Santa Monica (If Applicable) below:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

43. Provide the name(s), address(s) and telephone number(s) of the apprenticeship program sponsor(s) approved by the California Division of Apprenticeship Standards that have provided apprentices to your company on any public works project on which your firm has participated within the last 3 years below:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ I. BUSINESS INTEGRITY

44. For questions (a), (b), and (c) below, check Yes if the situation applies to your firm. For these questions, the term “firm” includes any owners, partners, or officers in the firm. The term “owner” does not include owners of stock in your firm if your firm is a publicly traded corporation. If you check Yes to any of the three questions below, explain on the circumstances surrounding each instance.
(a) Is a governmental entity or public utility currently investigating your firm for making false claim(s) or material misrepresentation(s)?
Yes No
Safeguard US Inc. N/A N/A
DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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Explanation:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ (b) In the past five years, has a governmental entity or public utility alleged or determined that your firm made (a) false claim(s) or material misrepresentation(s)? Yes No
Explanation:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ (c) In the past five years, has your firm been convicted of, or found liable in a civil suit for, making (a) false claim(s) or material misrepresentation(s) to any governmental entity or public utility?
Yes No
Explanation:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

45. In the past five years, has your firm, any of its owners or officers been convicted of a crime involving the bidding of a government contract, the awarding of a government contract, the performance of a government contract, or the crime of theft, fraud, embezzlement, perjury, or bribery? For this question, the term “owner” does not include owners of stock in your firm if your firm is a publicly traded corporation.

Yes No
Explanation:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Safeguard US Inc.

DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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16) ADDENDA
The Bidder shall acknowledge receipt of all Addenda, if any:

Addendum No. Date Received
Safeguard US Inc. 1 December 15, 2020 2 December 31, 2020 DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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17) BIDDER’S ACKNOWLEDGMENT
The undersigned hereby declares under penalty of perjury that:

A. Its firm has a net worth greater than 50% and liquidity greater than 10% of the Bid amount.

B. All necessary resources will be dedicated to complete this project within the designated contract period.

C. The full names and residence of all persons and parties interested in the foregoing proposal, as principals, are as follows:

NOTICE: Give first and last names in full; in case of a corporation, give names of the President, Secretary, Treasurer and Manager, and affix the corporate seal; in case of partnerships and joint ventures, give names of all the individual members. (full name) (residence)
(full name) (residence)
(full name) (residence)
(Contractor's Business Name) (Submitted by - signature) (Business Address) (Title)
(City) (State) (Zip) (Business Phone Number)
(Contractor's License Number) (License Expiration Date) (License Classification)
Safeguard US Inc. Safeguard US Inc. 6335 North Hollywood Boulevard, Suite 140 Las Vegas, Nevada, 89115 1021082 A - GENERAL ENGINEERING CONTRACTOR Siamak Goosheh Estimating Manager (888) 936-0752 6/30/2021 Paul Betts Henderson, NV 20%. But it was confirmed with William Clerk. Please refer to attachment #2
DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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CERTIFICATION UNDER PENALTY OF PERJURY
I certify under penalty of perjury under the laws of the State of California that I have read and understand the questions contained in this questionnaire and the responses contained herein and on all Attachments. I further certify that I have provided full and complete answers to each question, and that all information provided in response to this Questionnaire is true and accurate to the best of my knowledge and belief.

Submitted By,
Print Name & Signature Date
Title
Safeguard US Inc. Siamak Goosheh Estimating Manager January 14, 2021 DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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ATTACHMENT A – BID GUARANTEE OR BIDDER'S BOND
Bid bond (or cashier’s check) must be scanned and uploaded into the electronic bid via PlanetBids. The three lowest monetary bidders must mail in bid bond (or Cashier’s Check) via United States Postal Services (USPS) only to the City within 72 hours of bid close. Please DO NOT send in bid bonds via Federal Express or United Parcel Service (UPS). It is the responsibility of the bidders to check PlanetBids after bid close to see if they are onIt is the responsibility of the bidders to check PlanetBids after bid close to see if they are one of the three lowest bidders. Any bidder who fails to mail in the bond will be deemed non-responsive. Please mail bond to: City of Santa Monica, Department of Public Works, SP2643, William Clerk, 1685 Main Street Mail Stop 15, Santa Monica, CA 90401.

Attached hereto is cash, a certified check, a cashier's check or a Bidder's bond in the amount of:

Dollars $ _____ said amount ________________________________________ (in figures) (in words)
being not less than ten percent (10%) of the amount bid, which it is agreed shall be retained as liquidated damages by the City of Santa Monica if the undersigned fails or refuses to execute the Construction Contract and furnish the required bonds and certificates of insurance within the time provided.

KNOW ALL PERSONS BY THESE PRESENTS,
That _________ , as Principal, and ____ ____ , as Surety, are held and firmly bound unto the CITY OF SANTA MONICA, hereinafter called "CITY" in the sum of ten percent (10%) of the Bid amount for the payment of which sum well and truly made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, said Principal has submitted a bid to said City to perform all work required under the Contract Documents of the City for the project entitled:
___________________________________________________________________ NOW THEREFORE, if said Principal is awarded the Construction Contract by said City and within the time and in the manner required under the heading "Instructions to Bidders" included with said Contract Documents, enters into a written contract on the form of "Construction Contract" included with said Contract Documents, and furnishes the required bonds to the satisfaction of the City, one to guarantee faithful performance and the other to guarantee payment for labor and materials, then this obligation shall be null and void; otherwise it shall remain in full force and effect and the sum guaranteed by this bond shall, at the option of the City, be forfeited to the City. In the event suit is brought upon this bond by said City and judgment is made in favor of the City, said Surety shall pay all costs incurred by said City in such suit, including reasonable attorney's fee to be fixed by the court.

SIGNED AND SEALED, this _ day of _ , 20___.

(Principal)
By:
(Signature)

SEAL AND NOTARY

ACKNOWLEDGMENT OF SURETY
(Seal)
Safeguard US Inc.

Please refer to uploaded Bid Bond -
Attachment A
DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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ATTACHMENT B – CONSTRUCTION PROJECTS IN PROGRESS
Make copies of this attachment for each construction project in progress.

List 5 construction projects, currently in progress, by the General Contractor that best exemplify the firm’s ability to successfully complete this project.

Project Name and Location:

Description (type of construction, levels, etc.):

Owner (Entity and Location):
Prime Contractor to the Owner Subcontractor to the Owner Contact Person: Phone:

Designer (Firm): Location:

Contact Person: Phone:

Original Contract: $___________________ Approved Change Orders: $____________________ Original Schedule: _________________
(Calendar days)
Approved Time Extension:_________________
(Calendar days)
Total Contract Duration: ______________
(Calendar days)
Prevailing Wages: ____ YES _____NO
Public Bid: ____ YES _____NO Liquidated Damages Clause: $_______________ % of Contract Subcontracted: _______________ Name of CM on Project, if applicable:

Contract Completion Date:__________________
Safeguard US Inc.

Please refer to - Attachment B
DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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ATTACHMENT C – COMPLETED CONSTRUCTION PROJECTS
Make copies of this attachment for each construction project completed.

List 5 construction projects completed by the General Contractor, within the past 5 years, that best exemplify the firm’s ability to successfully complete this project.

Project Name and Location:

Description (type of construction, levels, etc.):

Owner (Entity and Location):
Prime Contractor to the Owner Subcontractor to the Owner Contact Person: Phone:

Designer (Firm): Location:

Contact Person: Phone:

Original Contract: $___________________ Approved Change Orders: $____________________ Original Schedule: ________________
(Calendar days)
Approved Time Extension:_________________
(Calendar days)
Total Contract Duration: ______________
(Calendar days)
Prevailing Wages: ____ YES _____NO
Public Bid: ____ YES _____NO Liquidated Damages Clause: $_______________ % of Contract Subcontracted: _______________ Name of CM on Project, if applicable:

Pending Contract Completion Date:__________________
Safeguard US Inc.

Please refer to - Attachment C
DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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ATTACHMENT D – ASSESSMENTS/PENALTIES BY GOVERNMENTAL ENTITIES If Yes was checked in response to Question No. 38 if your firm or any of its owners, partners or officers, have ever been investigated, cited, assessed any penalties, or found to have violated any laws, rules, or regulations enforced or administered, by any of the governmental entities listed below (or any of its subdivisions), including but not limited to those examples specified below. The term “owner” does not include owners of stock in your firm if your firm is a publicly traded corporation. If you answered Yes, provide an explanation of the circumstances surrounding each instance, including the entity involved, the dates of such instances, and the outcome.

FEDERAL ENTITIES
Federal Department of Labor-
• American with Disabilities Act
• Immigration Reform and Control Act
• Family Medical Leave Act
• Fair Labor Standards Act
• Davis-Bacon and laws covering wage
requirements for federal government contract
workers
• Migrant and Seasonal Agricultural Workers
Protection Act
• Immigration and Naturalization Act
• Occupational Safety and Health Act
• Anti-discrimination provisions applicable to
government contractors and subcontractors
• Whistleblower protection laws

STATE ENTITIES
California’s Department of Industrial Relations-
• Wage and labor standards, and licensing &
registration
• Occupational safety and health standards
• Workers’ compensation self-insurance plans
• Workers’ Compensation Act
• Wage, hour, and working standards for apprentices
• Any provision of the California Labor Code
California’s Department of Fair Employment &
Housing-
• California Fair Employment & Housing Act
• Unruh Civil Rights Act
• Ralph Civil Rights Act
Federal Department of Justice-
• Civil Rights Act
• American with Disabilities Act
• Immigration Reform and Control Act of 1986
• bankruptcy fraud and abuse
California Department of Consumer Affairs
• Licensing, registration, & certification requirements • Occupational licensing requirements administered
and/or enforced by any of the Department’s boards,
including the Contractor’s State Licensing Board.

Federal Department of Housing & Urban
Development (HUD)-
• Anti-discrimination provisions in federally
subsidized/assisted/sponsored housing programs
• Prevailing wage requirements applicable to HUD
related programs
Local EntitiesCity of Santa Monica or any of its subdivisions for violations of any law, ordinance, code, rule, or regulation administered and/or enforced by the City, including any letters of warning or sanctions issued by the City of Los Angeles for an unauthorized substitution of
subcontractors, or unauthorized reductions in dollar
amounts subcontracted.

Federal Environmental Protection Agency-
• Environmental Protection Act
National Labor Relations Board-
• National Labor Relations Act
OthersAny other federal, state, local governmental entity for violation of any other federal, state, or local law or
regulation relating to wages, labor, or other terms and conditions of employment.

Federal Equal Employment Opportunity Commission-
• Civil Rights Act
• Equal Pay Act
• Age Discrimination in Employment Act
• Rehabilitation Act
• Americans with Disabilities Act
Safeguard US Inc.

DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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ATTACHMENT E – PUBLIC WORKS INSURANCE REQUIREMENTS
Minimum Insurance Requirements for Public Works Projects Insurance Requirements
Contractor shall procure and maintain insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, or subcontractors.

I. Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $3,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (Insurance Services Office Form CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: Workers’ Compensation insurance as required by the State of California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.

Contractors providing services such as excavation, grading, and/or drilling or that involve environmental hazards will also possess:

4. Contractors’ Pollution Legal Liability. Insurance covering pollution conditions arising out of the actions performed by or on behalf of the Contractor with limits of no less than $1,000,000 per occurrence or claims/$2,000,000 policy aggregate.

If the Contractor maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to any broader coverage or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.

II. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Safeguard US Inc.

DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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Packet Pg. 209 Attachment: X - Safeguard Agreement (6793 : Fall Protection Phase 3 Safeguard) Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 28 | P a g e

1. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Contractor including materials, parts, or equipment furnished in connection with such work or operations. CGL coverage can be provided in the form of an endorsement to the Contractor’s insurance at least as broad as the combination of Insurance Services Office Forms: (1) CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and (2) CG 20 37.

2. Primary Coverage: For any claims related to this Agreement, the Contractor’s insurance shall be primary coverage at least as broad as Insurance Services Office Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Contractor’s insurance and shall not contribute with it.

3. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica.

4. Waiver of Subrogation: Contractor hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Contractor may acquire against the City of Santa Monica by virtue of payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Santa Monica for all work performed by the Contractor, its employees, agents and subcontractors.

III. Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Contractor to purchase coverage with a lower retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the name insured or the City of Santa Monica.

IV. Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.

V. Claims Made Policies
If the policy provides “claims made” coverage:

1. The Retroactive Date must be shown and must be before the date of this Agreement or the start of work.

Safeguard US Inc.

DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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2. The insurance must be maintained, and evidence of insurance must be provided for at least 5 years after completion of work.

3. If the policy is cancelled or not renewed, and not replaced with another “claims made” policy form with a Retroactive Date prior to the effective Agreement date, the Contractor must purchase “extended reporting” coverage for a minimum of 5 years after completion of work.

VI. Verification of Coverage
Contractor shall furnish the City of Santa Monica with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage provided by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements. These documents must be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time.

VII. Failure to Maintain Insurance Coverage
If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from the Contractor resulting from said breach.

VIII. Subcontractors
Contractor shall require and verify that all Subcontractors maintain insurance meeting the minimum requirements stated below:

1. All Subcontractors are required to possess insurance meeting the minimum scope and limits identified below:
a. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (Insurance Services Office Form CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
b. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if the Subcontractor has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than $1,000,000 per accident for bodily injury and property damage.

Safeguard US Inc.

DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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c. Workers’ Compensation: Workers’ Compensation insurance as required by the State of California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.

Subcontractors providing services such as excavation, grading, and/or drilling or that involve environmental hazards will also possess:
d. Contractors’ Pollution Liability: Insurance covering pollution conditions arising out of actions performed by or on behalf of the Subcontractor, with limits no less than $1,000,000 each claim/$2,000,000 in the annual aggregate.

If the Subcontractor maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to any broader coverage or higher limits maintained by the Subcontractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.

2. All Subcontractors are required to comply with the insurance provisions established in Sections II through IV above.

Effective 4/20/18
Safeguard US Inc.

DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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ATTACHMENT F – LIVING WAGE FORM

CITY OF SANTA MONICA LIVING WAGE ORDINANCE
Certification for Providers of Services to the City of Santa Monica (Fiscal Year 20/21 – July 1, 2020 through June 30, 2021)

TO BE COMPLETED BY ALL CONTRACTORS PROVIDING SERVICES TO THE CITY OF SANTA MONICA IN EXCESS OF $54,200
The City of Santa Monica Municipal Code Chapter 4.65, Living Wage Ordinance (LWO), establishes a Minimum Wage of $17.13 per hour for certain employees of contractors providing services to the City where services exceed $54,200 or more and requires that contractors also provide the same health care and other benefits to employees’ same sex spouses and domestic partners as are provided to other employees’ spouses.

An employee covered by the LWO is any person who does not actually work as a manager, supervisor, or confidential employee, and who is not required to possess an occupational license.

The Living Wage Ordinance applies the services sought pursuant to this bid and bidders are required to prepare and return the Living Wage Certification Form. If the bidder is selected, the bidder must maintain payroll records that include, at minimum, the full name of each employee providing services under the contract, job classification and rate of pay. Bids that fail to include Certification Forms may be considered non-responsive and excluded from further consideration.

Please prepare the following certification if you are a contractor engaging in a contract for services with the City of Santa Monica in excess of $54,200.

Your signature on this certification grants the City permission to review any and all payroll books and records and any company documents pertaining to the benefits offered to employees to assure your compliance with the LWO during the term of the contract.

Please direct any questions to:

City of Santa Monica Finance Department
Attention: Living Wage Compliance Section
1685 Main Street, Mail Stop 09
Santa Monica, CA 90401
You can also contact staff regarding living wage ordinance questions by e-mail at [email protected] or by phone 310-458-8281.

Safeguard US Inc.

DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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CITY OF SANTA MONICA

LIVING WAGE ORDINANCE CERTIFICATION
July 1, 2020 through June 30, 2021

TO BE COMPLETED BY ALL CONTRACTORS PROVIDING SERVICES TO THE CITY OF SANTA MONICA IN EXCESS OF $54,200
MINIMUM WAGE - $17.13 per hour
Please read, complete, and sign the following:

THIS CONTRACT IS SUBJECT TO THE LIVING WAGE ORDINANCE
If this contract is not subject to the Living Wage Ordinance requirements, please note the reason below and attach supporting documentation for exemption. For example, in order to be exempt pursuant to a collective bargaining agreement, a signed collective bargaining agreement must be attached. (a) ________ contractor is a government agency and is exempt (b) ________ contractor is a City grantee and is exempt (c) ________ contractor is a non-profit corporation and is exempt (d) ________ contractor is an employer whose employees are covered by a bona fide collective bargaining agreement where the waiver is explicitly set forth in an agreement in clear and unambiguous terms
(e) ________ contractor is a corporation providing banking services The undersigned, on behalf of himself or herself individually and on behalf of his or her business or organization, hereby certifies that he or she is fully aware of Santa Monica’s Living Wage Ordinance (LWO), and the applicability of the LWO, and the applicability of the subject contract, as determined herein. The undersigned further agrees to be bound by all terms of the LWO, as mandated in all sections of Santa Monica Municipal Code, Chapter 4.65. If, at any time during the term of the contract, the answers to the questions posed herein change so that Contractor would be subject to the LWO, Contractor will promptly notify the Director of Finance in writing. Contractor further understands and agrees that the failure to comply with the LWO, this certification, or the terms of the Contract as it applies to the LWO, shall constitute a default of the Contract, which shall be grounds for termination. City shall have the right to examine all books and records of the Contractor as they relate to compliance with the LWO. Payroll records shall at a minimum include the full name of each employee performing labor or providing services under the contract, job classification, and rate of pay.

These statements are made under penalty of perjury under the laws of the State of California.

Printed Name: ____________________________________Title: _______________________________ Signature: ____________________________________________ Date: __________________________ Contractor: __________________________________________ Bid Number (if applicable):__________ Service Description:
___________________________________________________________________________________ ____________________________________________________________________________________ Safeguard US Inc. Siamak Goosheh Estimating Manager January 14, 2021 SP #2643 Siamak Goosheh Safeguard US Inc, dba Safeguard Industries Fall Protection Systems, Facade Maintenance Systems, and Steel Structure Manufacturer DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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ATTACHMENT G – OAKS INITIATIVE DISCLOSURE FORM

CITY OF SANTA MONICA OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS AND OTHERS SEEKING DISCRETIONARY

PERMITS, CONTRACTS, OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk.

This information is required by City Charter Article XXII—Taxpayer Protection. It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica.

In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 month
Safeguard US Inc.

DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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Packet Pg. 215 Attachment: X - Safeguard Agreement (6793 : Fall Protection Phase 3 Safeguard) Bidder’s Name: ________________________________ (enter on each bid form page) Public Works | Bid Form | August 2020 34 | P a g e

EXAMPLE

CITY OF SANTA MONICA OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.

Public benefits include:

1. Personal services contracts in excess of $25,000 over any 12-month period;

2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;

3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;

4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period;

5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;

6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or

7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.

Name(s) of persons or entities receiving public benefit:

ABC Corporation (Usually the company, corporation, organization or person who will be entering into contract with the City)
Name(s) of trustees, directors, partners, and officers:

Name(s) of trustees, directors, partners, and officers of the ABC Corporation Name(s) of persons with more than a 10% equity, participation, or revenue interest:

Name(s) of persons with more than a 10% equity, participation, or revenue interest in ABC Corporation
Prepared by: Title:

Signature: Date:

Email: Phone:

FOR CITY USE ONLY:

Bid/PO/Contract # Permit #
Safeguard US Inc.

DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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Packet Pg. 216 Attachment: X - Safeguard Agreement (6793 : Fall Protection Phase 3 Safeguard) DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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ATTACHMENT H – PREVAILING WAGE REQUIREMENTS

CITY OF SANTA MONICA PREVAILING WAGE REQUIREMENTS
WHAT IS PREVAILING WAGE?
All workers employed on public works projects must be paid the prevailing wage determined by the Director of the Department of Industrial Relations (DIR), according to the type of work and location of the project. California's prevailing wage laws ensure that the ability to get a public works contract is not based on paying lower wage rates than a competitor. All bidders are required to use the same wage rates when bidding on a public works project.

Contractors/Consultants must comply with the prevailing wage requirements. A project must meet prevailing wage requirements when it is twenty-five thousand dollars ($25,000) or more when the project is for NEW construction work, or fifteen thousand dollars ($15,000) or more when the project is for alteration, demolition, repair, or maintenance work.

WHAT MUST CONTACTORS/CONSULTANTS/VENDORS DO TO FOLLOW THE LAW? Contractors/Consultants and subcontractors/subconsultants which bid on and are awarded City of Santa Monica prevailing wage project must comply with four general labor compliance obligations:

1. Register as a Public Works Contractor with the Division of Labor Standards Enforcement (DIR)

2. Pay Prevailing Pages

3. Comply with Apprenticeship Standards

4. Mail Hard Copies of Certified Payroll Records and ancillary documents to the City of Santa Monica OR submit electronic payrolls via LCP Tracker© or equivalent certified payroll software, as approved by the City and upload payrolls electronically to DIR on a Weekly Basis

CONTRACTOR REGISTRATION
To submit a bid or work on a Prevailing Wage project, contractors and subcontractors are required to register with the Division of Labor Standards Enforcement even if you don’t have a contractor license. Registration cost is $400 and covers fiscal year July 1st through June 30th. Failure to register will result in a $2,000 penalty if the unregistered contractor:
• Bid on a public works project on or after March 1, 2015 • Was awarded a public works contract on or after April 1, 2015 or • Intentionally allowed registration to lapse while biding or working on a public works project Contractors must meet the following requirements to register:
• Have workers compensation coverage for any employees and only use subcontractors who are registered public works contractors.
• Have a Contractors State License Board license if applicable to trade. • Have no delinquent unpaid wage or penalty assessments owed to any employee or enforcement agency. • Not be under federal or state debarment.
• Not be in prior violation of this registration requirement once it became effective. However, for the first violation in a 12-month period, a contractor may still qualify for registration by paying an additional penalty.

DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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PAY PREVAILING WAGES
California law requires that not less than the general prevailing rate of per diem wages be paid to all workers employed on a public works project. The prevailing wage rate is issued by the Office of Policy, Research and Legislation twice a year, February 22nd and August 22nd. In determining what wage determination for the life of the project, the contractor shall refer to the advertised bid date the Awarding Body published the first “Notice Inviting Bids” or RFP Advertise Date which resulted in a contract being awarded. If the City did not advertise the public works project for bid, other benchmark events, including the first written memorialization of the agreement concerning public works elements of the project or contract governing the award of public funds will be utilized instead. Current and Superseded prevailing wage determinations can be found at the following website: http://www.dir.ca.gov/DLSR/PWD  Contractors/Consultants must have required labor posters posted on the job site (or break area), where signs are made clearly available for employees to review.
 Drivers performing both on-site and off-site hauling of materials either to or from a public works construction project must be paid the prevailing wage. Bona fide material suppliers are exempt from prevailing wage requirements.
 Workers who are required to report to the contractor’s office, yard, or other designated areas at the beginning and/or end of their shift shall be paid at the worker’s prevailing wage rate of pay for any travel time to and from the job site. This drive time shall be included when calculating any overtime due to the worker.  Workers hauling and delivering ready-mixed concrete for a public works contract shall be paid the current prevailing wage rate from the time they set out from the batch plant until they return to the batch plant. (California Labor Code § 1720.9)
 Fringe Benefits (Health & Welfare, Pension, & Vacation) must either be paid to the worker, or to the appropriate third-party trust fund as part of a non-union employee’s hourly wage rate. A completed Fringe Benefit Statement must be provided for each contractor/consultant & subcontractor/subconsultant employed on the project.
 Pay the corresponding “training” rate that appears on the Director’s Wage Determination for each craft or trade to the California Apprenticeship Council (CAC) or an approved DAS program.  Prime Contractors/Consultants are responsible for the proper insurance and compliance of ALL subcontractors, owner operators, vendors and suppliers who provide personnel to work at the job site.  Representatives from the City of Santa Monica will monitor the job site and perform on-site interviews with employees performing labor at any time during construction except during rest periods or meal breaks DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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APPRENTICESHIP STANDARDS
Apprentices are required on Public Works projects greater than $30,000 for any “apprenticeable craft”. This is required under State Labor Code, California Labor Code §§ 1777.5.

Contractor’s/Consultant’s Responsibilities:
 Submit contract award information for each apprenticeable craft required on the project using the DAS 140 form prior to performing work. If you are approved to train apprentices, you must send the contract award information to your apprenticeship committee.
 All apprentices working on City projects must be registered in either a State and/or Federally Approved Apprenticeship Program. See: https://www.dir.ca.gov/das/publicworks.html  If your company is not approved to train apprentices, you must send the DAS 140 to all of the applicable apprenticeship committees whose geographical area (County) of operation incudes the area of the public works projects. DAS approved Apprenticeship programs can be found by using the search engine on the DAS website. Those programs that are the result of that search may or may not be in the County in which the job is located but they have been approved by the DAS to receive the DAS140. In some cases, a program will have statewide approval or approval of a certain number of counties i.e. 12 Southern California Counties and DAS approval is based on County not a City.
 Contractors/consultants who employ journeyman or apprentices in any “apprenticeable craft” must contribute to the California Apprenticeship Council (CAC) the amount reflected as the hourly “training” rate that appears on the Director’s wage determination, for each hour worked. A contractor is also entitled to take credit for such contributions made to a DAS approved apprenticeship program that can supply apprentices to the site of the public work. The training contribution is a distinct obligation of the contractor under the Labor Code and cannot be satisfied by paying the required hourly contribution directly to the employee.  Contact the applicable apprenticeship committee to request apprentices for each apprenticeable craft or trade on your project using the DAS 142 form. The form must be submitted at least three business days before the apprentice is to report to the jobsite and it must be sent to the apprenticeship committees providing training in the applicable craft or trade whose geographical area of operation includes the site of the public work. If the apprenticeship committee does not dispatch apprentices, the contractor must request apprentice dispatch from another committee in the geographical area of the site of the public work and must request dispatch from each committee either consecutively or simultaneously until the contractor has requested dispatches from each such committee in the geographical area. (www.dir.ca.gov/das/publicworks.html)  Employ apprentices in the correct ratio to journeyman of no less than one hour of apprentices work for every five hours of labor performed by a journeyman. If the contractor agrees to be bound by the standards of an apprenticeship program, the ratio may be no higher than the ratio stipulated by the apprenticeship program. (California Labor Code §§ 1777.5 (d) and (g))
 Provide worker’s compensation benefits to apprentices.  Proof of registration from California’s State Division of Apprenticeship Standards (DAS) for each apprentice must be maintained.

DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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APPRENTICESHIP STANDARDS (CONTINUED)
In the event Contractors/Consultants or Subcontractor/Subconsultant fails to comply with the obligation to hire apprentices or employ apprentices in the correct ratio, the City of Santa Monica will prepare an Apprenticeship complaint that will be filed with the DIR. The City will apply a withhold that is to be applied until the DIR’s ruling is received.

CERTIFIED PAYROLL REQUIREMENTS
Certified Payroll Records shall be submitted electronically through the DIR’s Online Certified Payroll System AND mail original HARD copies of the A-1-131 form or provide a form that includes ALL required information from the A-1-131 form weekly to: Gafcon, Inc, Attn: Lizette Rodriguez, 660 South Figueroa Street, Suite 1790 Los Angeles, CA 90017 OR Contractor may submit electronic payrolls (as approved by the City). Contractor payroll records are subject to review by the City of Santa Monica as outlined in California Labor Code §§ 1776 and 1812.  Public Works Small Project Exemption is for contractors who work exclusively on small projects and are not required to be registered as public works contractors or file electronic certified payroll reports through the DIR’s online system. However, prevailing wages must still be paid on projects and contractors are still required to MAIL original HARD copies of the payroll weekly to Gafcon. Small project exemption is based on the contract amount of the entire project, not a contractor’s subcontracted amount of the project. Small project exemption applies for all public works projects that do not exceed:
 $25,000 for new construction, alteration, installation, demolition or repair  $15,000 for maintenance
 Payrolls shall be due weekly from the Prime Contractor/Consultants and ALL subcontractors/subconsultants, owner-operators, vendors and suppliers who provide personnel to work at the job site.  The payroll must be completed in its entirety, including the employee’s home address and social security number.

Incomplete payrolls will not be accepted, and a progress payment withheld will be applied until acceptable payrolls are submitted.
 Statement of Non-Performance is submitted in lieu of a certified payroll any/all weeks a contractor remains on the job but no work is performed, including on-call/as-needed contracts – see example Attachment 4.  A Statement of Compliance must be completed and signed with each certified payroll record.  Authorized Signatory is to be completed and signed by an Owner, Officer or other person(s) with authority under penalty of perjury to so affirm, that the records for certified payroll are originals which truly depict fully and correctly the craft of type of work performed, hours and days worked and the amounts disbursed by way of check  Fringe Benefit Statement for each trade utilized on the project must be updated prior to completing the first payroll by each contractor/consultant and each time fringe benefit rates change.  “OTHER” deductions, if any, including deductions for 401K, must be fully explained in writing and an authorization for the deductions must be signed by the employee and submitted with the first payroll on which the deduction is shown.
 Daily Reports are to be submitted for all days worked on site. The reports should contain names of employees, total hours worked and description of work performed on that given day.  Employee Itemized Check Stubs will be requested at random but no more than one employee per each month worked if no issues are discovered.

DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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CERTIFIED PAYROLL REQUIREMENTS (CONTINUED)
 The City conducts on-going audits of certified payrolls and ancillary documents by requesting payroll records and ancillary documents during the course of the project. If these documents are not submitted to the City with the requested time frames, a withhold will be applied to your contract.  The City will email a monthly request for information via a “Issues List” (Attachment 1) to Prime Contractor/Consultants. The Prime Consultant has 10 days to submit requested information.  Owner/operators, sole proprietors, or business owners, must also submit certified payroll reports.  If your firm will use LCP Tracker© or equivalent certified payroll software (as approved by the City) a CD of the entire payrolls must be submitted to the City upon project completion.  Password and Login to LCP Tracker© or equivalent certified payroll software (as approved by the City) must be provided to the City’s Prevailing Wage Consultant.

REQUIRED PRE-CONSTRUCTION CONFERENCE
The City of Santa Monica requires a mandatory pre-construction conference with the Prime AND Sub-Contractors (Prime Consultants/Subconsultants) prior to the job start. This meeting can be conducted telephonically or in person.

At this meeting the City’s Labor Compliance consultant will discuss federal and/or state labor law requirements applicable to the contract and will provide a packet of information containing templates for contractors use. The Prime Contractor/Consultant will be required to sign the Check List of Labor Law Requirements at the end of the conference, acknowledging that the City has provided the contractor with information regarding each federal and state requirement per Attachment 2.

SANCTIONS
 The City may withhold funds on progress payments due to the Prime for the failure to submit required reports and/or documents by the Prime or ANY of the subs on the job. The City’s Withhold Policy is Attachment 3.  Contractors/Consultants violating the prevailing wage requirements are subject to a penalty of up to $200 per day for each worker paid less than the prevailing wage rate, in addition to having to restore the differences in wages paid. (California Labor Code § 1775)
 Contractors/Consultants are also subject to a penalty of an additional $25 per day for each worker paid less than the prevailing wage rate for overtime work -- over 8 hours per day or more than 40 hours per week. (California Labor Code § 1813)
 In the event of an underpayment of wages, the Contractor/Consultant has 60 days to restitute those wages to the worker(s). If the Contractor/Consultant fails to pay the restitution within 60 days, liquidated damages in an amount equal to the unpaid wages will be assessed. Liquidated damages will be due the worker. (California Labor Code § 1742.1)
 Failure to utilize apprentices as specified, or to provide proof that apprentices were requested and denied, may subject the contractor to a penalty of up to $100 for each calendar day that the contractor worked on the project. A contractor/consultant that commits a second or subsequent violation within a three-year period may be subject to a penalty of up to $300 for each calendar day that the contractor/consultant worked on the project. (California Labor Code §1777.7)
 Failure to submit Certified Payroll Records within requested time receipt of a written request will be subject to a penalty of $100 per calendar day per employee until strict compliance is effectuated. (California Labor Code §§ 1776 and 1777.1).

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PREVAILING WAGE JOB ACKNOWLEDGMENT FORM
 A Prevailing Wage Job Notice and Acknowledgment Form (Exhibit 5) must be submitted with each bid/proposal for work with the City of Santa Monica. The Prime and all subcontractors/consultants who will work on the job are required to submit the form.
 If any adjustments are made to the project including, but not limited to, the addition, substitution, or removal of Subcontractor(s) the City requires the submission of an updated Prevailing Wage Job Notice and Acknowledgement Form. Addition of any New Subcontractor(s) will be subject to approval by the City’s Labor Compliance Consultant. New subcontractors/subconsultants cannot come onto City jobs unless a Prevailing Wage Job Notice and Acknowledgment Form has been submitted and approved. For the addition, substitution, or removal of any Subcontractor(s), the City may require a written request by the Prime Contractor, which will be subject to written approval by the Project Manager.

PREVAILING WAGE RESOURCES
Division of Labor Standards Enforcement (DLSE)- Laws and Regulations https://www.dir.ca.gov/dlse/dlseLaws.html
Certified Payroll Reporting
https://www.dir.ca.gov/Public-Works/Certified-Payroll-Reporting.html Contractor Registration
https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html DIR Contact Information
https://www.dir.ca.gov/Public-Works/ContactUs.htm
Division of Apprenticeship Standards - Public Works Information https://www.dir.ca.gov/DAS/PublicWorksForms.htm
State of California, Division of Labor Standards Enforcement, Public Works Manual http://www.dir.ca.gov/dlse/PWManualCombined.pdf
Prevailing Wage Determinations
https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm

CITY OF SANTA MONICA PREVAILING WAGE STAFF
For questions on Prevailing Wage in the City of Santa Monica, please contact Lizette Rodriguez at (310) 458-8721, ext. 2341, lizette.rodriguez @smgov.net.

ATTACHMENTS
Attachment 1: Issues List
Attachment 2: Check List of Labor Law Requirements
Attachment 3: City of Santa Monica’s Labor Compliance Withhold Policy- Construction Contracts Attachment 4: City of Santa Monica’s Labor Compliance Withhold Policy- Professional Services Attachment 5: Statement of Non-Performance
Attachment 6: City of Santa Monica Prevailing Wage Job Acknowledgment Form DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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Prevailing Wage- Attachment 1
Issues List
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Prevailing Wage- Attachment 2

CHECKLIST OF LABOR LAW REQUIREMENTS
Appendix A
City of Santa Monica (Enter Department Name)
(Project Name)
Project# (Enter Number)
The federal and state labor law requirements applicable to the contract are composed of, but not limited to, the following:

1. Payment of Prevailing Wage Rates
The award of a public works contract requires that all workers employed on the project be paid not less than the specified general prevailing wage rates by the contractor and its subcontractors pursuant to Labor Code section 1770 et seq.

The contractor is responsible for obtaining and complying with all applicable general prevailing wage rates for trades workers and any rate changes, which may occur during the term of the contract. Prevailing wage rates and rate changes are to be posted at the job site for workers to view.

2. Apprentices
It is the duty of the contractor and subcontractors to employ registered apprentices on public works projects pursuant to Labor Code section 1777.5.

3. Penalties
Penalties, including forfeitures and debarment, shall be imposed for contractor/subcontractor failure to pay prevailing wages, failure to maintain and submit accurate certified payroll records upon request, failure to employ apprentices, and for failure to pay employees for all hours worked at the correct prevailing wage rate, in accordance with Labor Code sections 1775, 1776, 1777.7, and 1813.

4. Certified Payroll Records
Pursuant to Labor Code section 1776, contractors and subcontractors are required to keep accurate payroll records which reflect the name, address, social security number, and work classification of each employee; the straight time and overtime hours worked each day and each week; the fringe benefits; and the actual per diem wages paid to each journeyperson, apprentice, worker, or other employee hired in connection with a public works
Employee payroll records shall be certified and shall be made available for inspection at all reasonable hours at the principal office of the contractor/subcontractor, or shall be furnished to any employee, or to his or her authorized representative on request.

Contractors and subcontractors shall maintain their certified payrolls on a weekly basis and shall submit said payrolls weekly to the LCO. In the event that there has been no work performed during a given week, the certified payroll record shall be annotated “No Work” for that week. All non-redacted certified payrolls should be sent to:

Gafcon, Labor Compliance (City of Santa Monica)
660 South Figueroa Street, Suite 1790
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Los Angeles, CA 90017

5. Nondiscrimination in Employment
Prohibitions against employment discrimination are contained in Labor Code sections 1735 and 1777.6; the Government Code; the Public Contracts Code; and Title VII of the Civil Rights Act of 1964, as amended.

6. Kickback Prohibited
Pursuant to Labor Code section 1778, contractors and subcontractors are prohibited from accepting, taking wages illegally, or extracting “kickback” from employee wages.

7. Acceptance of Fees Prohibited
Contractors and subcontractors are prohibited from exacting any type of fee for registering individuals for public work (Labor Code section 1779); or for filling work orders on public works contracts (Labor Code section 1780).

8. Listing of Subcontractors
Contractors are required to list all subcontractors hired to perform work on a public works project when that work is equivalent to more than one-half of one percent of the total effort (Public Contract Code section 4104.).

9. Proper Licensing
Contractors and subcontractors are required to be properly licensed. Penalties will be imposed for employing workers while unlicensed (Labor Code section 1021 and Business and Professions Code section 7000, et seq. under California Contractors License Law).

10. Unfair Competition Prohibited
Contractors and subcontractors are prohibited from engaging in unfair competition (Business and Professions Code sections 17200-17208).

11. Workers’ Compensation Insurance
All contractors and subcontractors are required to be insured against liability for workers’ compensation, or to undertake self-insurance in accordance with the provisions of Labor Code sections 3700 and 1861.

12. OSHA
Contractors and subcontractors are required to comply with the Occupational Safety and Health laws and regulations applicable to the particular public works project.

13. Prohibition against hiring undocumented workers
Federal law prohibits contractors and subcontractors from hiring undocumented workers and requires all contractors and subcontractors to secure proof of eligibility/citizenship from all workers.

14. Itemized wage statements
Contractors and subcontractors are required to provide itemized wage statements to employees pursuant to Labor Code section 226.

The undersigned contractor hereby acknowledges that the City has provided the contractor with information regarding each item listed above. In accordance with federal and state laws, and with City’s policy and contract documents, the undersigned contractor herein certifies that it will comply with the foregoing labor law requirements; and fully understands that failure to comply with these requirements will subject it to the penalties cited herein.

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For the Contractor: For the City of Santa Monica:
_______________________________________ _______________________________________ Signature Date Signature Date
_______________________________________
Title
_______________________________________
Organization
_______________________________________
Project
_______________________________________
E-Mail
Safeguard US Inc. Fall Protection SP #2643 [email protected] Estimating Manager Siamak Goosheh Jan 14, 3032 DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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Prevailing Wage- Attachment 3
City of Santa Monica’s Labor Compliance Withhold Policy Construction Contracts (Page 1 of 2)
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City of Santa Monica’s Labor Compliance Withhold Policy Construction Contracts (Page 2 of 2)
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Prevailing Wage- Attachment 4
City of Santa Monica’s Labor Compliance Withhold Policy Professional Services /Construction Management Agreements (Consultants)(Page 1 of 2) Attachment 4
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City of Santa Monica’s Labor Compliance Withhold Policy Professional Services /Construction Management Agreements (Consultants) (Page 2 of 2)

DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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Prevailing Wage- Attachment 5
Statement of Non-Performance

STATEMENT OF NON-PERFORMANCE
I do herby certify that no persons employed with the above-mention contractor/subcontractor worked on the project:

Contract of subcontract number__________ during the payroll period commencing on the ________ day of ______________ and ending on the ___________ day of ________________.

I , _________________________, the undersigned, am the___________________________ (Name – print) (Position in business)
with the authority to act for and on the behalf of _________________________, certify under (Name of Contractor/Business)
penalty of perjury that the records of copies thereof submitted and consisting of NonPerformance Payroll, 1 Page are the originals or true, full and correct copies of the originals (Description, Number of Pages)
which depict the payroll record(s) of the actual disbursements by way of cash, check or whatever form to the individual named.

Date: ________________________ Signature: _____________________________________ DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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Prevailing Wage- Attachment 6
Prevailing Wage Job Acknowledgment Form
First Page for Prime Contractors/Consultants/Vendors
Second page for Subcontractors/Subconsultants
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City of Santa Monica
Prevailing Wage Job Acknowledgment Form
Prime Contractor/ Consultant/ Vendor
A Prevailing Wage Job Notice and Acknowledgment Form must be submitted with each bid/proposal for work with the City of Santa Monica. The Prime and all subcontractors/consultants who will work on the job are required to submit the form. Prime Contractors/Consultants must list all subs they intend to use for the Project (Attach additional sheet for each subcontractor).

The City will assist your firm in determining the most relevant classification given the information provided to the City’s Prevailing Wage Consultant, but it is the sole responsibility of the Prime Contractor/Vendor to ensure that they are utilizing the correct classifications at all times on the project. At bid submittal, contractors must complete the Prevailing Wage Job Acknowledgment form, with classifications they anticipate will be working on the job. Should additional classifications be needed and/or utilized not indicated on the form, prior to the new classification working onsite contractor must submit revised Prevailing Wage Job Acknowledgment form with updated classifications. Please indicate all classifications your company plan to use:

By signing below the contractor attests that he/she has read and understands this document, that he/she is aware of the public work and prevailing wage requirements as set forth in the California Labor Code Sections 1720 et seq.; that he/she is an owner, officer, or other duly authorized representative of the firm; that he/she and each of his/her subcontractors is registered with the California DIR; and that he/she is 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 will comply with such provisions before commencing the performance of the work of this contract. Corrections or alterations to this form may trigger the escalation/de-escalation clause of your bid documents.

Company Name: ___________________________________________________________ Address: _________________________________________________________________ Email Address: __________________________________ Phone Number: _________________________ Contractor State License Board Number (CSLB):___________ PWC Registration Number: _______________ Name of Apprenticeship Program affiliated with (if any): _____________________ Contractor/Consultant Representative Signature: ______________________________________Date: _______________ Print Name and Title: __________________________________________________________________ Project Name:

SP Number or Bid No:
# Craft Group Number/Trade
Classification
Determination
Number
Issue
Date
Number of
Staff
Apprenticeable
?
Y/N

For City of Santa Monica Internal Use Only Approved By:_______________________________ Date:____________ SP #2643 Fall Protection - City of Santa Monica 1 Iron Workers Journey person C-20-X-1-2020-1 20 N Aug. 22 2020 Safeguard US Inc. 6335 North Hollywood Boulevard, Suite 140, Las Vegas, Nevada 89115 [email protected] (888) 936-0752 1000044231 1021082 N/A Siamak Goosheh - Estimating MamnagerSiamak Goosheh Jan 14, 2021 6 Y DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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City of Santa Monica
Prevailing Wage Job Acknowledgment Form
Sub-Contractor/ Sub-Consultant/ Vendor
A Prevailing Wage Job Notice and Acknowledgment Form must be submitted with each bid/proposal for work with the City of Santa Monica. The Prime and all subcontractors/consultants who will work on the job are required to submit the form. Prime Contractors/Consultants must list all subs they intend to use for the Project (Attach additional sheet for each subcontractor).

SP Number or Bid No:

Name of Prime Contrctors/Consultant Working For:
# Craft Group Number/Trade
Classification
Determination
Number
Issue
Date
Number
of Staff
Apprenticeable?
Y/N

For City of Santa Monica Internal Use Only Approved By:_______________________________ Date:____________ SP #2643 Fall Protection Safeguard US Inc. 1 Roofing C39 Eberhard Roofing 15220 Raymer Street, Van Nuys, California [email protected] Eberhard Roofing #329087 1000001523 N/A Chris Duncan Jan 14, 2021 Chris Duncan - GM LOS-2020-2 8/22/2019 3 Y DocuSign Envelope ID: 8748D3D6-7E2C-46DB-A5A6-8E2EAE44F66D

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ATTACHMENT I – NON COLLUSION DECLARATION FORM

NON-COLLUSION DECLARATION FORM TO ACCOMPANY

PUBLIC WORKS PROPOSALS OR BIDS
STATE OF CALIFORNIA} COUNTY
OF LOS ANGELES}
, being first duly sworn, deposes, and says: that He/She is:
(Insert “Sole Owner,” “A Partner”, “President,” “Secretary,” or other proper title) of
(Insert name of proposer)
Who submits herewith to the City of Santa Monica the attached proposal; that He, She, It, or They is (are) the person(s) whose name(s) is (are) (strike out words not appropriate) signed to the hereto attached proposal/bid; that said proposal is genuine; that the same is not sham or collusive; that all statements of fact therein are true; that such proposal was not made in the interest or on behalf of any person, partnership, company, association, organization or corporation not therein named or disclosed.

Declarant further deposes and says: that the proposer has not directly or indirectly by agreement, communication or conference with anyone attempted to induce action prejudicial to the interests of the public body which is to award the contract or of any other proposer, or anyone else interested in the proposed contract; that the proposer has not in any manner sought by collusion to secure for himself, herself, itself, or themselves, an advantage over any other proposer. (strike out words not appropriate)
Declarant further deposes and says that prior to the public opening and recording of proposals the said proposer:
(a) Did not, directly or indirectly, induce or solicit anyone else to submit a false or sham Proposal; (b) Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said proposer or anyone else would submit a false or sham proposal, or that anyone should refrain from proposing or withdraw his/her proposal;
(c) Did not, in any manner, directly or indirectly, seek by agreement, communication or conference with anyone to raise or fix any overhead, profit or cost element of his, her, its, their price, or of that of anyone else; and
(d) Did not, directly or indirectly, submit his, her, its, or their proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, depository, or to any member or agent thereof, or to any individual or group of individuals, except to the awarding authority or to any person or persons who have a partnership or other financial interest with said proposal in his, her, its, or their business. (strike out words not appropriate).
(e) That it has not in any manner sought by collusion to secure any advantage over any other Bidder.
(f) That it has not in any way, directly or indirectly, entered into any arrangement or agreement with any other Bidder, or with any public officer of the City of Santa Monica whereby the undersigned executing this declaration has paid or shall pay to such other Safeguard US Inc. Siamak Goosheh Estimating Manager
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Bidder or public officer any sum of money, or has given or shall give to such other Bidder or public officer anything of value whatsoever.
(g) That the undersigned executing this declaration has not directly or indirectly, entered into any arrangement or agreement with any other Bidder or Bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for. (h) That no Bid has been accepted from any Subcontractor or supplier through any bid depository, the By-Laws, Rules, or Regulations of which prohibit or prevent the Contractor from considering any bid from any Subcontractor or supplier or which has the effect of keeping a Subcontractor or supplier from bidding to any Contractor who does not use the facilities of or accept Bids from or through such bid depository. (i) That no inducement of any form or character other than that which appears upon the face of the Bid will be suggested, offered, paid or delivered to any person for the purpose of affecting the award of the Contract.
(j) That it does not have any agreement or understanding of any kind whatsoever, with any person to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this Bid.

I declare under penalty of perjury that the foregoing is true and correct.

Name of Proposer/Bidder
Siamak Goosheh Signature/Date January 14, 2021
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ATTACHMENT J – SCOPE OF WORK

INTRODUCTION
The City of Santa Monica, (referred to hereafter as “the City”) is inviting bids from qualified persons or firms interested in “Fall Protection” design/build services.

SUMMARY OF BID
Provide design and installation of roof fall hazard protection per attached Attachment K, Roof Fall Hazard Risk Assessment. Fall protection equipment shall be installed with minimal penetration to existing structures. All building will be occupied and operational during the design and installation of the roof fall protection equipment.

All bidders must provide an action plan and design approach for providing proper fall protection at all locations noted on Roof Fall Hazard Risk Assessment.

Design and installation of roof fall protection equipment must comply with all applicable codes.

Scope of Work
The City of Santa Monica (referred to hereafter as “the City”) is seeking for a contractor/firm to provide design-built services for roof fall protection mitigation services in accordance with Attachment K, Roof Fall Hazard Risk Assessment.

The fall protection equipment and bid shall include but not limit to:

1. Design and engineer the fall protection equipment. All drawings and calculations, as applicable, shall be stamped by an engineer license in the State of California.

2. The design shall accommodate minimal penetrations to the existing structure. All penetrations to existing structure must be properly sealed to avoid water intrusion into the structure. Advice the City prior to any roof penetrations.

3. All fall protection equipment shall be design and engineer per all applicable codes.

4. It is the contractor/firm’s responsibility to verify all on-site measurements. All measurements shown on Exhibit C, Roof Fall Hazard Ris-k Assessment, are for reference only.

5. Special attention shall be taken in landmarked buildings to minimize the visibility of the fall protection equipment. Coordination with City’s staff is required prior to desing and installation.

6. All equipment must be design and engineer to sustain environmental conditions. The City is a costal city, therefore, special attention to salt saturation in the environment must be taken into consideration.

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7. Contractor/firm is responsible for all safety requirements during installation.

8. Staging areas will be provided and coordinated as needed.

9. It is the contractor responsibility for securing all construction/installation areas, material and equipment during and after on-site work.

10. Contractor’s staff parking is the responsibility of the contractor.

11. All buildings will be occupied during construction/installation of fall protection equipment. All on-site activities most be performed with minimal or no impact to the activities of City’s staff.

12. All on-site work shall be coordinated with the City a minimum of 72 hours in advance.

13. All work and equipment shall be warrantied for a minimum of 3 years after completion of installation.

14. Contractor/firm shall provide initial certification of fall protection equipment.

15. Contractor/firm shall provide initial training for City staff per OSHA standards.

16. Contractor/firm shall provide Action Plan and Schedule for the project. Action Plan and Schedule must be approved by City prior to implementation. Preliminary Action Plan and Schedule shall be part of bid.

17. The City is requesting proposer to include a $54,000 unforeseen conditions allowance. Please refer to chart below for description/distribution of the allowance.

18. Proposers shall include the chart below as part of their proposal documentation. Proposal shall include the lump sum amount per location described in the chart below.

19. The City holds the right to adjust and/or change the scope of work as necessary.

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ATTACHMENT K – ROOF FALL HAZARD RISK ASSESSMENT
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ROOF FALLHAZARD RISK

ASSESSMENT
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TABLE OF CONTENTS

1.0 Scope

2.0 Audit Summary

3.0 Approach & Methodology

4.0 General Observations / Findings Pg. 4

5.0 General Recommendations Pg. 4

6.0 Specific Findings
BBB Admin Bldg. Pg. 9
BBB Maintenance Facility Pg. 12
BBB Bus Wash/Fueling Facility Pg. 15
City Hall Pg. 18
Library Montana Pg. 22
City Yards - Water/Waste Water Pg. 25
Plumbing, Signs & Marking, Traffic Sig,
Meter Shop, Rosie G’s Pg. 28
Warehouse, Mail, Copy House, Custodial
HVAC, Paint, Carpentry & Facilities Admin. Pg. 31
Public Works Operations, Electrical, Street Pg. 34
RRR Operations w/Conference Room & Fleet Storage Pg. 37 Fleet Services Including Tire Warehouse & Welding Shop Pg. 40 Woodlawn Cemetery – Mausoleum Pg. 43
Woodlawn Cemetery – Mortuary Pg. 46
Public Safety Facility Pg. 49
Arcadia Plant – Lab/Maintenance Bldg. & Control Room Pg. 52 Arcadia Plant – Filtration Tanks Pg. 55
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7.0 Appendices
Appendix A
California Code of Regulations Title 8, Section 3209.

Standard Guardrails.

Appendix B
California Code of Regulations Title 8, Section 3210.

Elevated Locations.

Appendix C
California Code of Regulations Title 8, Section 3212.

Floor Opening, Floor Holes & Roofs
Appendix D
California Code of Regulations Title 8, Section 3270.

Access General.

Appendix E
California Code of Regulations Title 8, Section 3277.

Fixed Ladders.

Appendix F
California Code of Regulations Title 8, Section 1670.

Personal Fall Arrest Systems, Personal Fall Restraint Systems and Positioning Devices.

Appendix F
Roofzone™ Non-penetrating Guardrail Specification.

Manufactured by Tiedown Safety
Appendix G
Hatchsafe™ Roof Hatch Safety System Specification.

Manufactured by PS Safety.

Appendix H
KeeGuard/KeeClamp Parapet Wall Mounted Guardrail System Specification. Manufactured by KeeSafety.

Appendix I
Keeguard Skylight Screen/Cover Specification.

Manufactured by KeeSafety and/or Tiedown Engineering

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1.0 SCOPE

The City of Santa Monica owns and maintains a total of 97 buildings and both leases and leases out several others thru out the city.

2.0 APPROACH AND METHODOLOGY
Fall hazards exist because of the need for workers to perform particular tasks at a level of four feet or higher from the ground or nearest obstruction. Per the General Duty Safety Clause otecting that worker from the fall hazards.

3.1 Elimination of the hazard
This is almost always the most favorable choice because it involves eliminating the need for the worker to climb above four feet or be exposed to any fall hazard at all.

Questions that must be asked by the team before this option can be selected.

A. Can the process be automated by the addition of ground level controls? B. Can the process be modified by use of different procedures and/or equipment that allows worker to complete the same task from a safe distance to a fall hazard?
Unfortunately this option often involves costly and difficult engineering processes (ie relocating HVAC units to ground level) or is not a viable option due to space limitations, public access or other limiting factors.

3.2 Installation of passive fall protection systems
A. Passive fall protection systems are usually the next favorable choice since they eliminate the training of personnel on use of PPE and do not require trained technicians to complete semi-annual inspections that are required by Cal-Osha for Active Fall Protection System (Cable systems, Roof Anchors etc).

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B. Examples include permanent walkways, handrails, and guardrails.

3.3 Installation of active fall protection systems

1. A common example of an active fall protection system is an anchorage point used in conjunction with a harness and lanyard.

2. Since there is a possibility that a worker may not utilize the active fall protection system when in a hurry or otherwise distracted, this is normally the least desirable option of the three.

3. This often is the only viable choice because of physical space limitations, aesthetics issues and in most has a lower initial cost but higher cost of ownership over 5, 10, 15 years due to Cal-Osha required inspection intervals (twice annually).

3.0 AUDIT SUMMARY
The purpose of this assessment is to review and analyze potential fall hazards and to recommend practical solutions to limit the risks for employees required to access the roofs in order to perform routine maintenance or repairs. This assessment is intended to give the City of Santa Monica personnel a comprehensive report of the fall hazard risks identified and to recommend solutions for each type of hazard.

This fall hazard assessment is one important step in providing an action plan to eliminate major risk and reduce the potential for falls from heights. The City of Santa Monica is working towards the goal to eliminate, prevent or control all fall hazards. In order to achieve this, the following steps are required.
• Identify hazardous fall exposures
• Assess the risk; degree
• Evaluate work tasks and frequency
• Prioritize measures to abate the hazards
• Install passive (preferable) and/or active fall protection • Provide fall protection equipment and training to personnel This report is the result of observation, employee interviews and photographic documentation completed during the on-site visit, detailing the following; • Potential hazardous fall exposures and rescue concerns • Analysis of typical work tasks performed at each area, including:

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1. Number of individuals required to perform a particular task while exposed to a fall hazard

2. How much mobility vertically and horizontally is required

3. How accessible is the location to perform a required task

4. Frequency of the task required
• Recommendation of solutions utilizing the latest technology to abate potential hazards The following is a list of the buildings that have been assessed in this report:

BBB - Administration Bldg 1660 7th St, SM
BBB - Maintenance Facility 1620 6th St, SM
BBB - LNG Fueling Facility 1660 7th St, SM
City Hall - 1685 Main St, SM
Library Montana - 1704 Montana Ave, SM
City Yards - 2500 Michigan Ave, SM
 Water / Wastewater
 Plumbing, Signs & Markings, Traffic Sig, Meter Shop, Rosie's G's  Warehouse (Mail, Copy House, Custodial & HVAC)
 Paint, Carpentry, Facilities Admin
 Operations, Electrical, Streetlights, Streets, Streets Admin  RRR - Operations Bldg w/ Conference Room. Fleet Storage  Fleet (including Tire Warehouse and Welding Shop)
Public Safety Facility - 333 Olympic Drive, SM
Woodlawn Cemetery Mausoleum - 1847 14th Street, SM
Woodlawn Cemetery Mortuary - 1847 14th Street, SM
Arcadia Plant – 1228 S, Bundy Drive, SM
 Lab/Maintenance Bldg. and Control Room
 Filtration Tanks
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4.0 General Observations
In General, during the walk through it was determined that most if not all roofs had some form of mechanical equipment (HVAC, photovoltaic panels, etc) or roof drains that require cleaning and lacked sufficient and/or adequate guard railing, tie off points or cable lifeline systems to provide safe access for the tasks at hand.

I was very impressed with the knowledge the personnel at the various facilities/buildings have in regard to working safely at heights. During the duration of my assessments in these areas, workers expressed their concern that although fall protection was not high on their list of desirables, they did appreciate the fact that concern for their individual safety was evident by our presence.

The following are General Observations that pertained to most or all roofs assessed:
i) All roofs had either no parapet wall or parapet wall that was less than required 42 inches.
ii) All roofs had equipment (HVAC, antennas, vents etc.) or roof drains within 15Ft of roof edge and often within 6Ft of a roof edge where proper guarding was not present.
iii) Where access was gained thru roof hatch, there was either no guarding present or insufficient guarding around roof ha.
iv) No roof assessed had sufficient guarding, tie back anchors or cable systems to allow workers safe access to any of the roofs or were fully compliant with CalOSHA regulations and for working safely at heights at elevated work locations.

5.0 General Recommendations
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The following are General Recommendations that pertained to most or all roofs assessed:
i) Limit roof access to all roofs except for emergency situations requiring immediate access. Roof access permits accompanying a fall protection plan reviewed by EH&S should be utilized.
ii) All low slope roofs should have guard railing installed around perimeter. In lieu of guard rails, each roof should have anchors installed with permanent cable system that allows workers to travel the entire length of system without disconnecting if access frequency permits use of fall protection systems other than guardrails and/or 42” parapet walls.
iii) Roofs with a roof hatch that is used to gain access to the roof must be protected with guardrails or roof hatch safety system.
iv) Although guardrails may have a higher initial purchase cost, the overall cost of ownership over 5, 10, 15 years may be significantly less than utilizing temporary or permanent roof anchors/lifelines and provides a higher level of safety for workers.
v) On roofs where guardrails are not required due to frequency of access required per Title 8 Section 3270, active fall protection (fall arrest and/or restraint systems) may be utilized if designed in accordance Title 8 Section 1670. Per Section 1670, all fall restraint/fall arrest systems will require documented inspections every 6 months, documented training and re-certification/testing at maximum 5 year intervals.

Santa Monica City CouncilJanuary 28, 2025

Santa Monica City Council
January 28, 2025