April 29, 2021 Page 7
Film Review from page 2
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movies, notably to never work with animals
to save unnecessary headaches and stress.
Any film that relies on a wild animal as its
protagonist is indebted with risk, regardless
if it’s a documentary or not. In Gunda,
Kossakowsky’s entire film rests on the presence
of these animals. Plus, the absence of
additional music or voice overs leaves so
much up to chance, and capturing that
unpredictability in its raw, authentic state
is the film’s biggest strength. The decision
to shoot in black and white was intentional
for an interesting reason, and seemingly in
opposition to how many filmmakers would
have approached a film like this. Kossakowsky
states, “I didn’t want to show cute pink
piglets –and believe me, they are very cute
indeed. I didn’t want to seduce the viewer in
that way. It felt to me like black and white
makes us focus on their soul rather than
their appearance.”
Unlike some animal rights documentaries
that are overly graphic and attention seeking,
the message behind Gunda isn’t forceful or
political. It’s a simple message that asks
us to slow down and experience life as the
animals do. Gunda asks us to meditate on
the mystery of animal consciousness and
think about how we contribute to their way
of life. Can we do better?
93 min. ‘Gunda’ is now playing at The
Landmark theater. •
PUBLIC NOTICES
ORDINANCE [_____] OF THE CITY COUNCIL
OF THE CITY OF INGLEWOOD, CALIFORNIA
ADDING SECTION 2-196.1 INGLEWOOD
TRANSIT CONNECTOR PROCUREMENTS
TO ARTICLE 5 OF CHAPTER 2 OF THE
INGLEWOOD MUNICIPAL CODE AUTHORIZING
USE OF ALTERNATIVE PROJECT
DELIVERY METHODS AND ESTABLISHING
CERTAIN REQUIREMENTS FOR PROCUREMENTS
AND CONTRACTS RELATED TO
THE PROPOSED INGLEWOOD TRANSIT
CONNECTOR PROJECT.
WHEREAS, the City of Inglewood (the “City”) is
proposing to construct an approximately 1.6-milelong,
three station, fully elevated, electronically
powered automated people mover system
known as the Inglewood Transit Connector
Project (the “ITC Project”) that will connect
passengers directly from the regional Metro
Rail system to the City’s new housing and
employment centers, and sports and entertainment
venues; and
WHEREAS, the proposed ITC Project is
expected to increase transit ridership, reduce
vehicle miles traveled and greenhouse gas
emissions, and improve air quality throughout
the region; and
WHEREAS, Article XXXIII, Section 1 of the
City Charter provides that the City Council
shall, by ordinance, prescribe the procedures
and requirements for the City’s awarding of
public projects in a manner that preserves
the integrity of the competitive bidding process,
insures the protection of public funds, but at
the same time provides opportunity to effect
economies in the operation of the City which
are in the best interests of the public; and
WHEREAS, Article XXXIII, Section 2 of the
City Charter includes certain requirements and
procedures for procurement and contracting
related to public projects and such requirements
and procedures are codified in Chapter
2, Article 5, Sections 2-196 and 2-198 of the
Inglewood Municipal Code (collectively, the
“Requirements”); and
WHEREAS, Article XXXIII, Section 4 of the
City Charter authorizes the City Council to
declare certain contracts to be exempt from the
Requirements, provided such exemptions are
consistent with the intent expressed in Article
XXXIII, Section 1 of the City Charter; and
WHEREAS, the purpose of this ordinance is to
authorize the use of alternative project delivery
methods for contracts between the City and
any successful contractors for procurement,
pre-construction services, design, construction,
finance, operations and maintenance, and related
services for the proposed ITC Project; and
WHEREAS, because the proposed ITC Project
is highly specialized and technically complex, it
is advisable for the City to have the flexibility to
use alternative procurement, contracting and
financing methods in order to achieve lifecycle
cost efficiencies, encourage private sector innovation,
and incentivize on-time completion
and high quality performance; and
WHEREAS, the City may require contractorprovided
financing as part of its use of alternative
project delivery methods to, among other things,
incentivize high quality performance, facilitate
cost and risk sharing between the City and its
private partners, reduce the public cost of project
delivery and provide savings to taxpayers; and
WHEREAS, the City Council desires to
authorize the City to use alternative project
delivery methods to procure and contract for
the proposed ITC Project in the event that such
project is otherwise approved to proceed; and
NOW, THEREFORE, THE CITY COUNCIL OF
THE CITY OF INGLEWOOD, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION 1. General Findings. The City
Council hereby finds that the procedures to
procure and contract for the proposed ITC
Project described in this ordinance are generally
consistent with Article XXXIII, Section 1 of the
City Charter, to preserve the integrity of the
Requirements, insure the protection of public
funds and at the same time provide the opportunity
to effect economies in the operation
of the City that are in the best interests of the
public and achieve the goals of the proposed
ITC Project.
SECTION 2. Exemption from the Requirements.
Based on the foregoing and as
authorized under Article XXXIII, Section 4
of the City Charter, the City Council hereby
exempts from the Requirements any procurements
and contracts that may be required in
connection with the ITC Project, provided that
the procedures and requirements set forth
herein are implemented with respect to such
procurements and contracts.
SECTION 3. Procurement and Contracting.
The City is hereby authorized to use
procurement methods and processes that
the City determines are appropriate to solicit
contractors and award contracts consistent with
this ordinance, including, but not limited to, any
of the following or combination of the following,
at the City’s discretion. The City Council hereby
adds Section 2-196.1, Inglewood Transit Connector
Procurements, to Article 5 of Chapter 2
of the Inglewood Municipal Code:
Section 2-196.1. Inglewood Transit Connector
Procurements.
Contracts between the City and the successful
contractors for pre-construction services,
design, construction, finance, operations and
maintenance, and related services for the
Inglewood Transit Connector Project (“ITC
Project”) may be procured in accordance with
the following subsections:
A. Alternative Methods. With respect to
any procurement and contract under this
ordinance, the City may utilize some or all
of the following project delivery methods and
procurement strategies:
(1) Alternative project delivery methods,
including, but not limited to, design-build,
design-build-maintain, design-build-financemaintain,
design-build-operate-maintain,
design-build-finance-operate-maintain, concession
arrangements, early contractor involvement,
early works agreements, and other forms of
alternative project delivery, or any combination
of any such methods.
(2) Use of a best value approach to procure
and contract for delivery of the ITC Project,
which approach shall generally set forth the
criteria the City will evaluate when reviewing
submittals, the relative weight of such criteria in
the evaluation process, and the factors the City
will consider in making its award determination,
including, but not limited to, experience and
qualifications, technical proposals and other
related factors, in addition to contract price.
(3) Competitive solicitations using requests for
qualifications, short-listing of qualified proposers,
requests for proposals, pre-proposal procedures
consistent with appropriate protocols
including review and assessment of design
and architectural components, meetings or
interviews with individual short-listed proposers,
and community engagement and previews of
proposer solutions, revised proposals, and best
and final offers.
(4) Negotiations with proposers prior to award to
allow clarification and changes in the proposals.
Should the City elect to use a competitive
solicitation in connection with any procurement
or contract under this ordinance, the
City shall have discretion to require some or
all of the procurement procedures described
in subsection B below.
B. Procurement Process. With respect
to any procurement and contract under this
ordinance in which the City issues a request
for qualifications, request for proposals or similar
solicitation document, the City may utilize some
or all of the following procurement procedures:
(1) The City shall take adequate measures to
treat each proposer fairly and employ reasonable
precautions to prevent the disclosure of
confidential or proprietary information contained
in any one proposal with other proposers,
except as may be required by law.
(2) The City may identify a process whereby
proposers may request and receive authorization
to deviate from technical and financial
specifications, provided the proposer has
demonstrated to the City’s satisfaction that
the proposed deviation will meet or exceed
the applicable specifications.
(3) To the extent permitted by applicable law,
the City may withhold proposals from release
or disclosure until the award of the contract
and the conclusion of any protest or other
challenge to such award or the lapse of the
protest period without challenge.
(4) The City may require that all proposals
be submitted to the City’s designated procurement
manager for the ITC Project, who
shall safeguard them in a manner and at a
location the designated procurement manager
deems appropriate to reasonably maintain the
confidentiality and security of the proposals.
(5) The City may require that every proposal
for any contract under this ordinance be accompanied
by proposal security, subject to
terms and conditions and in such amounts as
determined in the City’s discretion, securing the
proposer’s obligation to enter into the proposed
contract if the same be awarded to it.
(6) The City may require the party directly under
contract with the City, one or more of that party’s
prime contractors, or any combination thereof,
to provide performance and payment security in
the form of bonds, guarantees, letters of credit
or any other type of financial instrument, or any
combination of the foregoing for all or part of
the cost of the ITC Project. To the extent
permitted by applicable law, the City may set
the amounts of such performance and payment
security based on its determination of what is
required to adequately ensure payment of
subcontractors and protect the City’s interests.
(7) The City may pay stipends or payments
for work product on terms and conditions
and in such amounts as determined in the
City’s discretion.
(8) In exchange for such stipend or payment for
work product, the City may require the proposer
to grant to the City the right to use any work
product contained in the proposer’s proposal.
(9) To the extent permitted by applicable law,
the City may allow contractors identified in a
proposal for a contract procured under this
ordinance to delay compliance with applicable
licensing requirements until contract execution
or financial close, as determined by the City in
its sole discretion.
(10) To the extent permitted by applicable law,
the City may set a uniform rate of interest on
payments due and owing but not yet made on
contracts related to the ITC Project.
(11) To the extent that the City utilizes any of
the procurement procedures described in this
subsection, the request for qualifications, request
for proposals or similar solicitation documents
issued under this ordinance will specify relevant
terms and conditions.
C. Contracting. Notwithstanding any other
provision of law, the City may include in a
contract entered into under this ordinance any
provision that the City determines is necessary
or appropriate. Examples of such provisions
include, but are not limited to, the following:
(1) Provisions addressing the allocation and
management of project risks including without
limitation design, construction, geotechnical,
delay, permitting, governmental approvals,
change of law, change in utility costs, operations
and maintenance, force majeure, inflation and
financing risks.
(2) Provisions providing that the City may pay
the contractor by making periodic payments
to the contractor through the term of the contract
or any portion thereof. Such payments
may include: availability, milestone, progress,
substantial completion or final acceptance
payments; payments for costs related to
design, construction, financing, operations and
maintenance; payments for costs incurred from
utilities, land acquisition, and any other project
development costs; and a rate of return on the
contractor’s investment the City determines to
be appropriate.
(3)Provisions providing that the City may make
downward adjustments to payments owing to the
contractor where the contractor fails to achieve
performance specifications or otherwise fails to
comply with its obligations under the contract.
(4) Provisions requiring that either the City or
the contractor provide the utilities required during
construction and operation of the ITC Project.
(5) Provisions requiring the use of arbitration or
other alternative dispute resolution procedures
to resolve disputes between the City and the
contractor. Such alternative dispute resolution
procedures may include, but are not limited
to, binding or nonbinding process, arbitration
or mediation, the establishment of a board
to hear disputes and/or resort to the courts.
(6) Provisions addressing the City’s requirements
for operations, maintenance, renewal, rehabilitation,
reequipping, use and change in use of
the ITC Project, flexibility to expand the ITC
Project, and provisions allocating performance
obligations between the contractor and the City
with respect to such requirements.
(7) Provisions providing for compensation of
the contractor upon early termination of the
contract, including, but not limited to, termination
by the City for its convenience, or termination
by default of either the City or the contractor.
Compensation on termination amounts and
formulas shall be as determined by the City
in its discretion.
(8) Provisions specifying events of default and
remedies available to the contractor and the City.
(9) Provisions setting forth the technical
standards and specifications with which the
contractor must comply, including, but not
limited to, performance standards and output
specifications, together with provisions allowing
the City to enforce, amend or waive such
technical standards and specifications.
(10) Provisions requiring that the contractor
obtain and maintain insurance with such
coverages and deductibles as determined
by the City to be appropriate in its discretion.
(11) Provisions regarding the maintenance and
auditing of the contractor’s books and records.
(12) Provisions requiring the contractor to waive
certain rights and benefits conferred by Public
Contract Code Section 7104, to the extent
that it may be inconsistent with any provision
of the contract.
D. Funding and Financing. The City may
utilize any lawful source of funding and financing,
or combination thereof, for the development,
design, construction, operations, maintenance,
and renewal of the ITC Project. The City is
hereby authorized to:
(1) Require the contractor to arrange for all or
a portion of the financing required for the ITC
Project and the City may elect in its discretion
to participate with the contractor in any gains
realized through the refinancing of the ITC
Project, as determined by the City in its discretion.
(2) Pursue and apply for, and accept from
the United States, any state, or any of their
respective agencies, or from any regional or
local governmental entity, such funds and credit
assistance as are available to it for carrying out
the purposes of this ordinance, whether the funds
are made available by grant, loan, guaranty,
line of credit or other financing arrangement,
and pursue and apply for such funds and credit
assistance to the extent necessary to support
the contractor’s use of such mechanisms to
arrange for all or a portion of the financing
required for the ITC Project.
(3) Enter into such arrangements and other
agreements with the United States, any state,
or any of their respective agencies, or with any
state, regional or local governmental entity, as
may be necessary, proper, and convenient for
carrying out the purposes of this ordinance.
(4) Accept from any source any grant, donation,
gift, pledge, or other form of conveyance of
land, money, other real or personal property,
or other valuable thing made to the City for
carrying out the purposes of this ordinance.
(5) Impose and collect fees, rents and charges
from users of the ITC Project, as well as other
project-generated revenue streams (including,
but not limited to, advertising, corporate sponsorships,
joint use and fiber optic technology).
The City may increase such fees, rents and
charges and use lawful measures to enforce
such fees, rents and charges and/or authorize
a contractor or another public entity to impose,
collect, increase and enforce such fees, rents
and charges to the same extent as available
to the City. The use, application and sharing
of such fees, rents, charges and revenue
streams by the City or the contractor shall be
as determined by the City in its discretion.
(6) Consider and adopt other alternative strategies
for increasing ITC Project revenues as a
means to reduce long term ITC Project costs
payable by City or its assignee.
(7) Utilize any other lawful source of funding
and financing, or combination thereof, that the
City determines is necessary or appropriate.
SECTION 4. Severability. If any section,
subsection, sentence, clause or phrase of
this ordinance is for any reason held by a
court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the
remaining portions of this ordinance. The City
Council declares that it would have adopted
this ordinance and each section, subsection,
sentence, clause and phrase thereof, irrespective
of the fact that any one or more section,
subsection, sentence, clause, or phrase be
declared invalid.
SECTION 5. The City Clerk shall certify to the
introduction, approval, passage, and adoption
of this Ordinance by the City Council and shall
cause the same to be published in accordance
with the City Charter, and thirty days from the
final passage and adoption, this Ordinance
shall be in full force and effect.
Introduced at a regular meeting of the Inglewood
City Council, this _____day of ____, 2021
Passed and Adopted at a regular meeting
of the Inglewood City Council, this ___ day
of ___, 2021.
CITY OF INGLEWOOD:
James T. Butts, Jr., Mayor
ATTEST:
Aisha L. Thompson, City Clerk
Inglewood Daily News Pub. 4/29, 5/6/21
HI-27120