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Graffiti Protective Coatings Inc - FY2016-001-06 AMENDMENT NO. 6 TO AGREEMENT FOR CONTRACTUAL SERVICES THIS AMENDMENT NO. 6 TO THE AGREEMENT FOR CONTRACTUAL SERVICES("Amendment No 6")by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation("City")and GRAFFITI PROTECTIVE COATINGS,INC., a California corporation("Contractor") is effective as of the day of 71'nvo , 2022 RECITALS A City and Contractor entered into that certain Agreement for Contractual Services dated August 18, 2015 ("Agreement") whereby Contractor agreed to provide graffiti abatement services ("Services") through June 30, 2016, for Contract Sum of $72,000 The Agreement provides an option for up to five (5)one-year extensions of the agreement by mutual consent B City and Contractor entered into Amendment No 1 to the Agreement dated June 21, 2016 to extend the term of the Agreement to June 30, 2017, and to increase the Contract Sum to $144,000 C City and Contractor entered into Amendment No 2 to the Agreement dated August 15, 2017 to extend the Term of the Agreement to June 30,2018, and to increase the Contract Sum to $216,000 D By letter agreement, City and Contractor extended the Term by an additional year, to June 30, 2019, and increased the Contract Sum to $288,000 ("Amendment No 3") E City and Contractor entered into Amendment No 4 to the Agreement dated July 1, 2019 to extend the Term of the Agreement through June 30, 2021, and to increase the Contract Sum to $432,000 ("Amendment No 4") F City and Contractor entered into Amendment No 5 to the Agreement dated July 1, 2021 to extend the Term of the same on a month-to-month basis for a period not to exceed six months and to increase the Contract Sum by $36,000 to $468,000 The current rates shall apply G City and Contractor now desire to extend the Agreement, as amended on a month- to-month basis for a penod not to exceed six months so as to provide the City the time to go through the competitive procurement process, as required by the Rancho Palos Verdes Municipal Code The Contract Sum will increase by $36,000 to $504,000 TERMS 1 Contract Changes The Agreement is amended as provided herein Deleted text is indicated in st nkethrough and added text in bold italics a Section 3,Term, is hereby amended to read: "Term This Agreement shall commence on August 24, 2015 and shall remain in effect until the tasks descnbed herein are completed to the City' s approval, but in no event later than June 30, 2022, December 31, 2021, unless sooner terminated 01203 0006/755481 4 pursuant to Section 11 of this Agreement Except as provided herein,there shall be no further extensions to the Term of the Agreement" b Section 6, Compensation,is hereby amended to read: "In consideration of the services rendered hereunder, City shall pay Contractor a flat fee of Six Thousand Dollars ($6,000) per month, for a total not to exceed amount of Seventy-Two Thousand dollars ($72,000) per year, for a contract sum not to exceed ! ! . - . .. - .. .. _. . . . - - . - 11 . . . . e . .. $504,000 (Five Hundred and Four Thousand Dollars), , $468,000 (Four Hundred and Sixty Eight Thousand Dollars) of which having been expended for Services provided from August 24, 2015 through June 30, 2021 December 30, 2021 " 2 Continuing Effect of Agreement. Except as amended by Amendments No 1 through 6, all provisions of the Agreement shall remain unchanged and in full force and effect From and after the date of this Amendment No 6, whenever the term"Agreement" appears in the Agreement, it shall mean the Agreement, as amended by Amendments No 1 through 6 to the Agreement 3 Affirmation of Agreement; Warranty Re Absence of Defaults. City and Contractor each ratify and reaffirm each and every one of the respective nghts and obligations arising under the Agreement Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein Each party represents and warrants to the other that the Agreement is currently an effective,valid,and binding obligation Contractor represents and warrants to City that, as of the date of this Amendment No 6, City is not in default of any material term of the Agreement and that there have been no events that, with the passmg of time or the giving of notice, or both, would constitute a material default under the Agreement City represents and warrants to Contractor that, as of the date of this Amendment No 6, Contractor is not in default of any material term of the Agreement and that there have been no events that, with the passmg of time or the giving of notice, or both, would constitute a material default under the Agreement 4 Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No 6 5 Authority The persons executing this Amendment No 6 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No 6 on behalf of said party, (iii) by so executing this Amendment No 6, such party is formally bound to the provisions of this Amendment No 6, and (iv)the entering into this Amendment No 6 does not violate any provision of any other agreement to which said party is bound [SIGNATURES ON FOLLOWING PAGE] 01203 0006/7554814 -2- IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written CITY CITY OF RANCHO PALOS VERDES, a mumci•al corporation 1 - - David Bradley, Mayor ATTEST eresa T ka, City Clerk APPROVED AS TO FORM. ALESHIRE &WYNDER, LLP 1)d 44-\ William W Wynder, City Attorney CONTRACT! ' GRAFF. I PROTEC E COATINGS, INC . California c s rporation By Name Carla Lenhoff Title Pres By Name Steven Lenhoff Title Secretary Address 419 N Larchmont Blvd #264 Los Angeles, CA 90004 Two corporate officer signatures required when Contractor is a corporation,with one signature required from each of the following groups 1)Chairman of the Board,President or any Vice President,and 2) Secretary,any Assistant Secretary,Chief Financial Officer or any Assistant Treasurer CONTRACTOR'S SIGNATURES SHALL BE DULY NOTARIZED,AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS,ARTICLES OF INCORPORATION,OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR'S BUSINESS ENTITY 01203 0006/755481 4 -3- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy or validity of that document WI STATE OF CALIPURNIR'�� C-f c,s..)A COUNTY OF LOS ANN kLES ccE r�'0'l a c, Cill'Z Ont ‘0",20efore me, �rr P- VAi' -Di r��personally appeared �'t J oPF ,proved to me on the basis of satisfactory idence to be the person whose names( is/are subscnbed to the within instrument and acknowledged to m t he/she/they executed the same in his/her/their authorized capacityces�f, and that by his/her/their signature on the instrument the perso)(‘), or the entity upon behalf of which the person,( acted, executed the instrument ,,",U,',,, _ %, p,\IE.; ', NZ'Ots: _ I certify under PENALTY OF PERJURY under the laws o`t etStatg o Ca 'Ii i�that �oregoing paragraph is true and correct `° ,, — '• NOTARy WITNESS my hand and official seal ' K U 1 l 0 PUBLIC 2 Signature 'w►.a ( (AA-e N,I.,.. iii- I=,.( �n 10 z,,ti' ,�-\'' I ` %, tie \)� `• ',, URG Cu ,0% ttttttttttttttt OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING (NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE 01203 0006/755481 4 -4- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate venfies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy or validity of that document STATE OF CALIF'RNIATv(-- frrL+ ( fl-' SNC} COUNTY OF LOS ANG ^ LES /i'leGL'vt (?ci R On r N ,20�?<J,`defore me, 1p✓N* !l{}'YESRP eQrsonally appeared 6,' 1-OKI HOPproved to me on the basis of satisfactory e`fi eice to be the personr4) whose names,) is/are subscnbed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authonzed capacitycies), and that by his/her/their signature(p) on the instrument the person(, or the entity upon behalf of which the person(acted, executed the instrument ••••v E S H,,•,,' I certify under PENALTY OF PERJURY under the laws d 4fiateof�� .�.s Pa that the foregoing paragraph is true and correct ,O` 2 NOTARY rc - U = WITNESS my hand and official seal n PUB'-'G l� i C�hA�G4 4 • • 1�1l� - �� Signature ��.,.�< c . •� '•.,�'vgURG GGJ•.•%• OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT El INDIVIDUAL El CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED El GENERAL NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) El GUARDIAN/CONSERVATOR El OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING (NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE 01203 0006/7554814 -5- AMENDMENT NO. 5 TO AGREEMENT FOR CONTRACTUAL SERVICES THIS AMENDMENT NO. 5 TO THE AGREEMENT FOR CONTRACTUAL SERVICES("Amendment No 5")by and between the CITY OF RANCHO PALOS VERDES,a California municipal corporation("City")and GRAFFITI PROTECTIVE COATINGS,INC.,a California corporation("Contractor") is effective as of the \`'. day of u\`i , 2021 RECITALS A City and Contractor entered into that certain Agreement for Contractual Services dated August 18, 2015 ("Agreement") whereby Contractor agreed to provide graffiti abatement services("Services")through June 30,2016,for Contract Sum of$72,000 The Agreement provides an option for up to five(5) one-year extensions of the agreement by mutual consent B City and Contractor entered into Amendment No 1 to the Agreement dated June 21, 2016 to extend the term of the Agreement to June 30, 2017, and to increase the Contract Sum to $144,000 C City and Contractor entered into Amendment No 2 to the Agreement dated August 15,2017 to extend the Term of the Agreement to June 30,2018,and to increase the Contract Sum to $216,000 D By letter agreement,City and Contractor extended the Term by an additional year,to June 30, 2019, and increased the Contract Sum to $288,000 ("Amendment No 3") E City and Contractor entered into Amendment No 4 to the Agreement dated July 1, 2019 to extend the Term of the Agreement through June 30,2021,and to increase the Contract Sum to $432,000 ("Amendment No 4") F City and Contractor now desire to further amend the Agreement, as amended, to extend the Term of the same on a month-to-month basis for a penod not to exceed six months and to increase the Contract Sum by $36,000 to $468,000 TERMS 1 Contract Changes The Agreement is amended as provided herein Deleted text is indicated in stfikedifeugh and added text in bold italics a Section 3, Term, is hereby amended to read. "Term This Agreement shall commence on August 24, 2015 and shall remain in effect until the tasks descnbed herein are completed to the City's approval,but in no event later than December 30, 2021 June 30, 2021, unless sooner terminated pursuant to Section 11 of this Agreement Except as provided herein, there shall be no further extensions to the Term of the Agreement If liet-renewed-pfter—te-the 01203 0006/717058 1 b Section 6, Compensation, is hereby amended to read: "In consideration of the services rendered hereunder,City shall pay Contractor a flat fee of Six Thousand Dollars($6,000)per month, for a total not to exceed amount of Seventy-Two Thousand dollars($72,000)per year,for a contract sum not to exceed !! a - . • $468,000 (Four Hundred and SixtyEight Thousand Dollars), '• : ,!!! - - ••. .. • . ••• . - $432,000 (Four Hundred and Thirty-Two Thousand Dollars) of which having been expended for Services provided from August 24, 2015 through June 30,204-9 2021 " 2 Continuing Effect of Agreement Except as amended by Amendments No 1 through 5,all provisions of the Agreement shall remain unchanged and m full force and effect From and after the date of this Amendment No 5, whenever the term "Agreement" appears m the Agreement, it shall mean the Agreement, as amended by Amendments No 1 through 5 to the Agreement 3 Affirmation of Agreement; Warranty Re Absence of Defaults. City and Contractor each ratify and reaffirm each and every one of the respective nghts and obligations arising under the Agreement Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein Each party represents and warrants to the other that the Agreement is currently an effective,valid,and binding obligation Contractor represents and warrants to City that,as of the date of this Amendment No 5,City is not in default of any matenal term of the Agreement and that there have been no events that,with the passing of time or the giving of notice, or both, would constitute a matenal default under the Agreement City represents and warrants to Contractor that, as of the date of this Amendment No 5, Contractor is not in default of any matenal term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a matenal default under the Agreement 4 Adequate Consideration.The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No 5 5 Authority The persons executing this Amendment No 5 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authonzed to execute and deliver this Amendment No 5 on behalf of said party, (iii) by so executing this Amendment No 5,such party is formally bound to the provisions of this Amendment No 5,and(iv) the entering into this Amendment No 5 does not violate any provision of any other agreement to which said party is bound [SIGNATURES ON FOLLOWING PAGE] 01203 0006/717058 1 -2- IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date and year first-above written CITY CITY OF RANCHO PALOS VERDES, a municipal corporation Eric Alegria, yor ATTEST eresa T. • . •ka, City Clerk APPROVED AS TO FORM: ALESHIRE &WYNDER, LLP Wil iam W W er, City Attorney CONT ' : CTO GRAF TI " • 4 TIVE COATINGS, INC , . Ca fo : co n oration '' By ' N. ':r a Lenhoff Title President By Name Steven Lenhoff Title Secretary Address 419 N Larchmont Blvd #264 Los Angeles, CA 90004 Two corporate officer signatures required when Contractor is a corporation,with one signature required from each of the following groups 1)Chairman of the Board,President or any Vice President,and 2)Secretary,any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer CONTRACTOR'S SIGNATURES SHALL BE DULY NOTARIZED,AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR'S BUSINESS ENTITY 01203 0006/717058 1 -3- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate venfies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy or validity of that document STATE OF RNIA COUNTY OF LOS-ANGELES C ArIci On tv(al I ' ,2021 before me,vlk,,..4,s personally appeared ,proved to me on the basis of satisfactory evidence to be the person(s) Whose names(s) is/are subscnbed to the within instrument and acknowledged to me that he/she/they executed the same m his/her/their authorized capacity(ies),and that by his/her/their signature(s) on the mstrument the person(s), or the entity upon behalf of which the person(s) acted, executed the mstrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct Shabmixay WITNESS my hand and official seal Khamla NOTARY PUBLIC Signature 49Mecklenburg County,NC My Commission Expires July 27,2025 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT El INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) El GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING (NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE 01203 0006/717058 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy or validity of that document STATE OF CALitORNIA COUNTY OF LgErklICEIES On ►VIAL( ,2021 before me,4 ,c, 5-0L.ervi.:‘)14,‘ersonally appearedyle.)eti LevIhe ,proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and o fi cial se Khamla Sphabmixay Signature" Al • NOTARY PUBLIC Mecklenburg County,NC My Commission Expires July 27,2025 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) El PARTNER(S) El LIMITED ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY-IN-FACT El TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING (NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE 01203 0006/717058 1 AMENDMENT NO. 4 TO AGREEMENT FOR CONTRACTUAL SERVICES THIS AMENDMENT NO. 4 TO THE AGREEMENT FOR CONTRACTUAL SERVICES("Amendment No.4")by and between the CITY OF RANCHO PALOS VERDES,a California municipal corporation("City")and GRAFFITI PROTECTIVE COATINGS,INC.,a California corporation ("Contractor") is effective as of the I day of J✓I Jc , 2019. RECITALS A. City and Contractor entered into that certain Agreement for Contractual Services dated August 18, 2015 ("Agreement") whereby Contractor agreed to provide graffiti abatement services("Services")through June 30,2016,for Contract Sum of$72,000.The Agreement provides an option for up to five (5) one-year extensions of the agreement by the mutual consent of both parties. B. City and Contractor entered into Amendment No. 1 to the Agreement dated June 21, 2016 to extend the term of the Agreement to June 30, 2017, and to increase the Contract Sum to $144,000. C. City and Contractor entered into Amendment No. 2 to the Agreement dated August 15,2017 to extend the Term of the Agreement to June 30,2018,and to increase the Contract Sum to $216,000. D. By letter agreement,City and Contractor extended the Term by an additional year,to June 30,2019, and increased the Contract Sum to $288,000 ("Amendment No. 3"). E. City and Contractor now desire to amend the Agreement to extend the Term of the Agreement through June 30, 2021, and to increase the Contract Sum to $432,000. The rates shall remain the same. TERMS 1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in striletlifeugla and added text in bold italics. a. Section 3, Term, is hereby amended to read: "Term. This Agreement shall commence on August 24, 2015 and shall remain in effect until the tasks described herein are completed to the City's approval,but in no event later than June 30, 2021June 30, 2018, unless sooner terminated pursuant to Section 11 of this Agreement.Except as provided herein,there shall be no further extensions to the Term of the Agreement. Additionally,there shall be three(3)one parties.If not renewed prior to the anniversary date,the Agreement may continue on a month-to-month basis under the same terms and conditions as this Agreement for a maximum period not to exceed six(6)months or until renewed or awarded to a new contractor, whichever is less." b. Section 6, Compensation, is hereby amended to read: "In consideration of the services rendered hereunder, City shall pay Contractor a flat fee of Six Thousand Dollars($6,000)per month,for a total not to exceed amount of Seventy-Two Thousand dollars ($72,000) per year, for a contract sum not to exceed • .. ._ III $ - - - - -• - --- = :=-:-: : • _ .rvices provided from August 24, 2015 through June 3.0, 2 $432,000 (Four Hundred and Thirty-Two Thousand Dollars), $288,000 (Two Hundred and Eighty-Eight Thousand Dollars) of which having been expended for services provided from August 24, 2015 through June 30, 2019." 2. Continuing Effect of Agreement. Except as amended by Amendments No. 1 through 4,all provisions of the Agreement shall remain unchanged and in full force and effect.From and after the date of this Amendment No. 4, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by Amendments No. 1 through 4 to the Agreement. 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Contractor each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective,valid,and binding obligation. Contractor represents and warrants to City that,as of the date of this Amendment No.4,City is not in default of any material term of the Agreement and that there have been no events that,with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. City represents and warrants to Contractor that, as of the date of this Amendment No. 4, Contractor is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 4. Adequate Consideration.The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 4. 5. Authority. The persons executing this Amendment No. 4 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 4 on behalf of said party, (iii) by so executing this Amendment No.4,such party is formally bound to the provisions of this Amendment No.4,and(iv) the entering into this Amendment No. 4 does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] 01203.0006/559214.1 -2- 1 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date and year first-above written. CITY: CITY OF RANCHO PALOS VERDES, a municipal corporation V. Duhovic, Mayor AT TE' : 01 i dint ,, , 410Sintig E ' Colbr City Clerk APPROVED AS TO FORM: ALESHIRE & WNDER, LLP ‘ )' (12- ' Wil iam'W. Wyn , City Attorney CONTRACTOR: 7._. GRAFFITI ?k(Y14CTIVE COATINGS, INC., a C,aliforni corporation s / / I (,., *° By: r Na @- 'Lvnhoff Title: President ..... By: Name: to n Lenhoff Title: Secretary Address: 419 N Larchmont Blvd. #264 Los Angeles, CA 90004 Two corporate officer signatures required when Contractor is a corporation,with one signature required from each of the following groups: 1)Chairman of the Board,President or any Vice President;and 2)Secretary,any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR'S SIGNATURES SHALL RE DULY NOTARIZED,AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR'S BUSINESS ENTITY. 01203.0006/559214.1 -3- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness, accuracy,or validity of that document. State of California ) County of Los Angeles ) On August 6, 2019, before me, Michelle Lee, Notary Public, personally appeared STEVEN LENHOFF AND CARLA LENHOFF, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. A. WITNESS my hand and official seal. :4110"'• MICHELLE LEE ' Comm. #2198624 V (\i\C qi.pr,2, _,� . lira_ Notary Public•Californian ‘`44 r Los Angeles County t,„.i.i, Comm.Expires Jun 20,2021 Mithelle LeOlotary Public = OPTIONALSECTION Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT A AA-51-Nd Q N-t 1 -f ( Q vV N -r O f NUMBER OF PAGES VW t-- co iv 4--r A.c.--i-vi. 1 ch&f-v 14_0 S DATE OF DOCUMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy or validity of that document. STATE OF CALIFORNIA COUNTY OF LOS ANGELES On ,2019 before me, ,personally appeared ,proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: — OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES EJ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER_ DATE OF DOCUMENT SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE 01203.0006/559214.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy or validity of that document. STATE OF CALIFORNIA COUNTY OF LOS ANGELES On ,2019 before me, _ ,personally appeared ,proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT O INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) 0 LIMITED 0 GENERAL NUMBER OF PAGES O ATTORNEY-IN-FACT ❑ TRUSTEE(S) O GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE 01203.0006/559214.1 Juan Hernandez 30940 Hawthorne Blvd. Rancho Palos Verdes Ca 90275 310-544-5221 jhernandez@rovca .gov City OF Rancho Palos Verdes Public Works 9/18/2018 Graffiti Protective Coatings Inc. Carla Lenhoff 419 Larchmont Blvd Los Angeles CA 90004 Dear Graffiti Protective Coatings Inc., This letter of consent is being written to express the City of Rancho Palos Verdes desire to renew the service agreement between Graffiti Protective Coatings Inc. and the City of Rancho Palos Verdes for another (1) One year period extended through June 30 , 2019. In the Service Agreement entered by both parties in August 24 2015, it states the agreement can be extended another one year period for a total of (5) times from anniversary date. In the maintenance agreement under compensation it also states a not to exceed amount of Seventy -two thousand dollars ($72 ,000).This letter is to serve as consent from Rancho Palos Verdes to proceed with the renew option for FY18-19. Thank you , Juan Hernandez Rand1o Palos Ve rdes Public Works Maintenance Su perintendent 2 August 27, 2018 Juan Hernandez M~intenance Superintendent 30940 H~wthorne ~lvd, R1:mcho Palos Verde:s, CA 90275 RE: Graffiti AbatemEJnt Service!; Renewal for 2018-2019 Dear Mr. Hernandez, This letter L to nQtify the City of Rancho Palos Verdes th~t Graffiti Protective Coatings, Inc. is renewing our existing <;ontrac;t for another year (2018-:2.019) without any new price Gr~ffiti Protective Coatings, Inc. GRt\..FFITI PROTECrfiVE COATINGS, INC. PROPOSAL FOR GRAFFITI ABATEMENT SERVICES August 13, 2018 SUBMITTED TO: JI.AQ..!tvtler~ Department of Public works City of Rancho Palos Verdes 30940 Hawthorne Blvd . Rancho Palos Verdes, CA 90275 SUBMITTED BY; GRAFFITI PROTECTIVE COATINGS, INC. 419 N LARCHMONT BLVD.# 264 LOS ANGELES, CA 90004 (323) 464-4472 FAX (323) 656·3579 ' Qualifications Company Information Graffiti Protective Coatings, Inc. (GPC), a California corporatioo, is a graffiti abatement company created in 1991. The founders ofGPC, who were students at University ofSoutllem California, had resean:hed and improved upon various graffiti removal techniques and products from around the world after having created an award winning business plan for an entrepreneur class. GPC was then created and the University became the company's first significant client. After just one year GPC had saved the University over $100,000 (50% cost reduction), dnunatically improved the appearance of the campus, and gained credibility for the start-up company. GPC's contract with the University is still in place after 24 years and has been expanded many times. The company centered on a formula of constant resean:h and development in techniques, equipment, and products as well as a highly skilled well paid lahor force of problem solving, ever improving, and self motivated individuals. GPC has stayed true to its business plan. Its products, equipment, and techniques are the most advanced in the industry. Staff expertise, consistency, and professionalism continue to grow. GPC and its related companies have over I ,000 public and private clients and presently clean over 500,000 locations and 16,000,000 square feet of graffiti annually in three states. Required California State Contractor's License number is 672447, consisting of a C-33 and D-38. GPC'.s equipment set-up is designed exclusively for graffiti abatement GPC's proprietary methods and products are vastly superior to all industry standards. Field staff is trained thoroughly in all graffiti removal techniques and situations. Office staff customizes and develops sophisticated yet user-friendly data compilation for the customers. Management understands communication, priorities, follow through, and the importance of exceeding the customer's expectations. GPC has extensive dealings with large government agencies and understands processes, procedures, work volume, documentation, and invoicing requirements associated with these customers. GPC can handle graffiti contracts of all sizes. GPC has three types of clienls for graffiti abatement These include municipalities, government agencies, and private customers. GPC can remove graffiti from any surface leaving no trace of graffiti, and our skilled and efficient personnel can perform these tasks at an extremely fast speed. GPC standards include 24 hoor 7 day a week availability, 98% minimum color match quality, I hour or less response to emergency service requests, proactive zero-tolerance patrols, and always exceeding the specifications of the scope of work. GPC is available to City of Rancho Palos Verdes (City) staff24 hours a day, seven days week. GPC also understands priorities and will work seamlessly with City staff and City Project Manager (CPM). GPC's services will benefit tbe City of Rancho Palos Verdes in tbe following areas: Experience GPC has been successfully providing graffiti abatement services to agencies as large as Rancho Palos Verdes or larger. GPC understands tbe financial, management, and staff requirements to make this project successful. Equipment GPC currently possesses all tbe equipment needed for this project. The equipment is customized and designed specifically for graffiti abatement methods and techniques. Staff GPC staff are well qualified and experienced in graffiti removal. Staff understands tbe expectations of their contracts and will seek to not only meet but also exceed those expectations. Techniques GPC has created and mastered tbe methods and techniques of professional graffiti removal. GPC defines professional graffiti abatement as removal !bat leave no traces of psst vandalism. Documentation GPC understands the City's documentation requirements for this contract. GPC offers its App- Order system to tbe City so !bat it can monitor, input, and retrieve work orders witb photos over tbe web in real-time. In addition, tbe City receives its own app on tbe lOS and Andtiod platform at no additional cost. Communication GPC is available to tbe City staff24 hours a day, seven days week. GPC also understands priorities and will work seamlessly witb City staff. Consistency GPC provides reliable competent service on every work order !bat it completes. GPC staff all understand !bat one poorly completed work order can jeopardize tbe repotation and customer trust !bat can sometimes take years to develop. There is no better indicator of future success !ban past performance, and GPC stands behind its 27- year history of providing exceptional service and workmanship in tbe field of graffiti abatement, as well as its 3 years of service in the Citty. • • ' Work Plan/ Technical Description Overview The keys to a successful graffiti removal program are fast response, removal of all graffiti, and removal methods that leave no traces that the graffiti ever existed. Graffiti breeds more graffiti, and fast professional removal will allow to the City of Rancho Palos Verdes to control this problem. Graffiti Protective Coatings, Inc. specializes in these services with its "Zero· Tolerance Program". Under GPC's proven program each technician is fully equipped and trained to remove all graffiti. GPC performs thorough and complete removal, leaving no traces of the past graffiti. Details are not overlooked. All graffiti at sites requested by the City are removed no matter how small including but not limited to: all streets, sidewalks, private and city owned property, parks, civic center, upper level locations, and all objects in the City Right of Way . Schedule of work (days, times, etc.) GPC is providing a schedule of seven days per week for a minimum of I truck for the City of Rancho Palos Verdes. Holiday and Special Eveot work is also scheduled. GPC provides additional vehicles as ueeded, when needed. Identification of Work GPC responds to City staff requests, app requests, hotline calls, and proactive patrols of areas assigned by City staff. GPC meets with City staff as requested to discuss work orders, schedules, and meas to be maintained. Assignment of Work GPC prefers to put technicians in their own exclusive and specific City/zone. Technicians that are experts in their assigned geographic area gain efficiencies of drive time creating faster response times; more specific knowledge of ueighborhoods, "hot spots", and color matches creating better consistency; and the technicians are more accountable for the appearance of their City/zone creating higher qnality. GPC will provide the City its App-Order software and a smartphone app equipped with the App-Order manager's app to City staff for instant and easy cOmmunication. Daily, GPC completes all service requests within 24 hours. This portion of the work plan is referred to as Reactive Work. Additionally, GPC patrols and cleans target areas listed as main thoroughfares and parks on the attached map (attachment A) two times per week. This portion of the work plan is referred to as Proactive Work. The free app exclusive for City residents assists GPC staff in quickly identifying other graffiti within the City such as at the beaches or on trails that can only be reached by foot. GPC's Rancho Palos Verdes lead service technician, upon request, checks in with City staff at a specified time to review service requests and overall operations. City staff can monitor and mansge work orders via the web or on the provided manager's smartphone app. GPC custom color matches all buildings to 98% or better. GPC will maintain the formnlas as well as the inventory of labeled locations. Therefore, our touch-ups will always be I 00% accurate. Our custom matches will include specific coatings and bases as needed for unique finishes. Many buildings are repeatedly tagged and would be damaged if quality of the removal does not account for the repeated volume, therefore GPC takes special care to properly prep all surfaces and then professioually apply only high quality finishes. GPC does not use recycled paint on private or city owned property since it does not meet GPC or resident expectations. Additional Work and Emergencies GPC knows from experience, the City will receive special event requests and emergency calls. GPC performs these services at no additioual charge. Response Time GPC will be available to the City 24 hours a day, 365 days a year. No matter what the Holiday or time, emergency after-hours calls will have a response time ofless than 90 ntinutes. Emergency number is (323) 464-4472. l) Emergencies-less than 90 ntinutes 2) Routine-clean immediately upon spotting graffiti 3) Citizen or City reported incidents-less than I hour from notilieation during normal working hours. never more than 8 working hours Eq~pment to be provided within contract GPC trucks for the City of Rancho Palos Verdes are a mix of new or late model long bed heavy duty pick-ups. All trucks are fully equipped and self-contained for all aspects of graffiti removal. Graffiti locations often require multiple techniques of hot water cleaning, chemical removal, and · painting. Therefore, each of our trucks are equipped with 3,000 psi Sgpm hot water pressure washers, water tanks, water recovery units, . 75-gpm gas powered air less paint sprayers, ladder, baking soda blaster atiachments, and pressure washer hose reels. GPC's equipment is of the highest quality and all the trucks are specifically customized and designed for GPC graffiti removal techniques. GPC currently bas all the equipment needed to fulfill this contract Mounted on the trucks are dual strobe lights and arrow sticks. The trucks possess a "Men Working" flag sign as well as enough cones to comply with WATCH handbook requirements. Inside the trucks are caution tape, respirators, first aid kits, MSDS sheets, safety equipment, and tools for repairs. All GPC trucks for the City will always be fully equipped for all types of graffiti removal. There will be no need or delay for additioual equipment. Technology GPC provides itsApp-Order system at no additioual charge. GPC bas spent over $1,000,000 on its software system and bas a full-time staff dedicated to software customer service for GPC customers. lbis electronic work order system is a green solution to work order management. The real-time web-based software system creates tremendous efficiencies and significant cost savings for GPC and the City. The City is able to dispatch, route, and monitor work orders real- time via the web. The technicians are able to directly submit work order number, police report number, cost, surface type, street number and name, longitude and latitude, method, square footage, name and phone number of reporter, day and time job was both created and completed, and before/after photos with URLs electronically in real-time to the City. System recognizes and records the technicians name and tracks work order response times. GPC provides all software, web service, maintenance, and support at no additional cost. Included, GPC provides the City its own branded app on the App Store and Android Morketplace that Rancho Palos Verdes residents use to report graffiti and other issues using their smortphones. Photos and GPS data from smortphone requests electronically feed into the web- based system where it is electronically directed to GPC field staff. A seamless web link is also included that allows residents to submit their requests from the City's website. Work orders ore closed electronically in real-time with corresponding electronic notification of job status sent to the resident. Featores include customized electronic response to citizen requests with before and after photographs as well as a link to an electronic survey. Survey lets residents rate the quality of services provided as well as the response time. Completed surveys ore electronically sent in real-time to designated City staff. The system is role based and is user friendly. City staff can print current and real-time custom reports and graphs within seconds on-line. App-Order shows in real-time open/closed work orders, response time, billing, and reports. It also separates out costs for different surfaces, technicians, methods, and zones. Billing and reports can also be exported to excel spreadsheets in mere seconds. Law enforcement is provided passwords so they can map, search, and track vandal activity as well as get instant and real-time billing reports and photos for apprehended taggers. All data collected in the work order system for this project is the property of the City. GPC created and owns the software, so custom featores can be easily added with no additional cost. Staffmg The project manager for this contract will be Jesus Rodriguez. Jesus has been with GPC for 16 yean. He is currently one of GPC's top rated field teehs for the entire company, having won a recent multistate 3 day contest against other top tier staff. His standing as one ofGPC's top technician is made more impressive in that GPC is a company of highly skilled fantastic and dedicated professionals that have established GPC as "best in class" in the graffiti removal industry. Jesus speaks fluent English and Spanish. The benefit of a small community such as Rancho Palos Verdes is that almost the entire community will get to know GPC staff and will see GPC working diligently every day. GPC staff's consistent quality, workmanship, and attention to detail will create the highest possible standarda that are now the expectation. Residents can sense that GPC staff are seeking to make them happy and always wants to impress everyone with the quality of their work. The daily tech is Erick Rosales, who has been servicing the City the past 3 years and has gone through GPC's extensive training program. GPC has a IOOpt training program for its service teehs in which they receive a full yeor of training _. Key Personnel-Qualifications and Experience Key personnel for this proposal are Barry Steinhart, Joni Sawyer, and Jesus Rodriguez. GPC has allocated some its best staff for this project. GPC also has the proper number of staff committed to this project to ensure high customer satisfaction. Biographies: • Barry Steinhart-General Manager 419 N. Larchmont Blvd. #264 Los Angeles, CA 90004 (213) 591-1153/ Fax (323) 656-3579 GPCLA@MSN.COM Barry has 27 years experience in graffiti removal and has a degree from the University of Southern California. He will be the project manager for this RFP. He was instrumental in the deve lopment of many of GPC's graffiti removal technique s, pioneered the use of sacrificial anti-graffiti coatings, and developed the company's zero-tolerance graffiti program. He created a simple system of field color matching and the 98% minimum color match program. Barry will be directly involved with all facets of this contract. The level of service and quality of work performed under Barry's leadership is outstanding. Barry works very hard to be responsive, consistent, detailed, professional, and exceptional. His history is verifiable and irrefutable and always wishes to be judged more by his actions over GPC's 27 year history of successful projects verified through references rather than by words on a piece of paper. • Joni Sawyer-Software Director of Operations 1 094 E. Sahara Las Vegas, NV 89104 (702) 686-0446/ Fax (800) 536-0963 JONI@APP-ORDER.COM Joni is the former assistant General Manager of the company and now serves as Director of Operations for GPC 's software company, App-Order. Joni will be the point of contact for the contract for software solutions. Joni has a degree from Ventura Community College. Joni emphasizes the company's culture of unprecedented customer service, which she brought with her after serving as store director of Tiffany and Co. in New York and store director of Harry Winston in Beve rl y Hills. GPC's president, Carla Lenhoff, has a business philosophy and goal of making GPC the apex in quality and service. Carla, who got her start on Rodeo Drive, had followed Joni 's career for more than 25 years and once GPC had reached a size that could support her acquisition, Joni was adde d to GPC 's staff. ''' • • • . • ------- • Jesus Rodriguez.. Asst. General Manager 419 N. Larchmont Blvd. #264 Cost Los Angeles, CA 90004 (323) 4644472/ Fax (323) 656-3579 GPCLA@MSN.COM Jesus bas 16 yeiiiS experience in graffiti removal. Jesus will be the project/field staff leader for the con1ract. Jesus provides a high level of worl<manship and customer service. He bas been the model of consistency. He will quickly become experienced with the City geography, residents, business ownetli, and City staff. The City cannot find a technician more proven or with a better understanding of the scope of services for this project than Jesus. Besides Jesus' excellent workmanship, his ability to interact with the public as a representative of both GPC and the City is invaluable and was why he was chosen specifically for this project. GPC will continue to provide all Reactive and Proactive Work as identified in this proposal for a flat fee of$6,000 per month. Prevailing wages are applicable to GPC's bid price. GPC will provide this price for three (3) additional years starting July I, 2018. Conclusion GPC bas always provided the highest qnality services at low prices. GPC provides consistency and maintains the highest possible standards, exceediag and creating very high expectations. There is no better · ·calor of future success than psst performance. SECOND AMENDMENT TO MAINTENANCE AGREEMENT THIS SECOND AMENDMENT TO THE MAINTENANCE AGREEMENT ("Amendment") by and between the CITY OF RANCHO PALOS VERDES ("City") and GRAFFITI PROTECTIVE COATINGS, INC. ("Contractor") is effective as of the 15th day of August, 2017. RECITALS A. On August 18, 2015, City and Contractor entered into that certain Maintenance Agreement ("Agreement") whereby Contractor agreed to provide graffiti abatement services until June 30, 2016, for a contract sum of$72,000. The Agreement provides an option for up to five (5) one-year extensions of the Agreement by the mutual written consent of both parties. B. On June 21, 2016, City and Contractor executed the First Amendment to the Agreement. The First Amendment extended the term of the Agreement to June 30, 2017, for an additional $72,000. C. City and Contractor now desire to amend the Agreement to extend the term until June 30, 2018, for an additional $72,000, for a total contract sum of$216,000. TERMS 1. Amendments. (a) Term. Section 3 of the Agreement is hereby amended to read as follows: "Term. This Agreement shall commence on August 24, 2015 and shall remain in effect until the tasks described herein are completed to the City's approval, but in no event later than June 30, 241-72018, unless sooner terminated pursuant to Section 11 of this Agreement. Additionally, there shall be five three (4-3) one (1) year options to renew the Agreement with the mutual written consent of both parties. If not renewed prior to the anniversary date, the Agreement may continue on a month-to-month basis under the same terms and conditions as this Agreement for a maximum period not to exceed six (6) months or until renewed or awarded to a new contractor, whichever is less." (b) Compensation. Section 6 of the Agreement is hereby amended to read as follows: "In consideration of the services rendered hereunder, City shall pay Contractor a flat fee of Six Thousand Dollars ($6,000) per month, for a total not to exceed amount of Seventy-Two Thousand dollars ($72,000)per year,for a contract sum not to exceed Two Hundred and Sixteen Thousand Dollars ($216,000), One Hundred and Forty Four Thousand of which having been expended for Services provided from August 24, 2015 through June 30, 2017.". 01203.0006/393017.1 2. Continuing Effect of Agreement. Except as amended by this Agreement, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement. 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Contractor each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation. Contractor represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. City represents and warrants to Contractor that, as of the date of this Amendment, Contractor is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment. 5. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] 01203.0006/393017.1 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date and year first-above written. City: CITY OF RANCHO PALOS VERDES 027 Brian Camp.e 1 Or. or A 1 : 411111 lirOb Egyikvairm, City Clerk APPROVED AS TO FORM: ALESHIRE &WYNDER, LLP Dave Ale hire, City Attorney Contractor: GRAFFITI PROTECTIVE COATINGS, INC. By: Name: Title: By: Name: Title: Address: NOTE: LESSEE'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO LESSEE'S BUSINESS ENTITY. 01203.0006/393017.1 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date and year first-above written. City: CITY OF RANCHO PALOS VERDES Brian Campbell,Mayor ATTEST: Emily Colborn, City Clerk APPROVED AS TO FORM: ALESHIRE&WYNDER,LLP Dave Ale hire, City Attorney Co ra' or; G' • r FIT 'ROTECTIVE COATINGS, PC • 1 Name: Title. • /. By: ame: j 7t-.iC-' ,=r= Title: f c c. Address: y ( 'nf J. LAa-chn.,o 'r Z'- ' '11-2'Y L o, /}Ai c e-.5 al cj ex>c) y NOTE: LESSEE'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO LESSEE'S BUSINESS ENTITY. 01203.0006/393017.1 B-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy or validity of that document. STATE OF CALIFORNIA COUNTY OF LOS ARLES I On 57077< ;4114.l.6 before me,0.94r-II 6A V't&/personally appeared '- feve4 i ,proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and officialsal. DANIEL KIRK BAKER • Commission#2131693 n _--t, �� "t-m= ,; Notary Public-California z Signature �(! G�" I Z z " '�% Los Angeles County 3_ My Comm.Expires Oct 252019 • OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) 0 LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: DATE OF DOCUMENT (NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE 01203.0006/393017.1 FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF RANCHO PALOS VERDES AND GRAFFITI PROTECTIVE COATINGS, INC. FOR GRAFFITI ABATEMENT SERVICES This agreement is the first amendment ("First Amendment") to the Public Works maintenance agreement between the City of Rancho Palos Verdes ("City") and Graffiti Protective Coatings, Inc. ("Contractor") dated August 18, 2015 ("Agreement"). This First Amendment to the Agreement is effective as of July 1, 2016 and will extend the term for one year. Section 1. Section 3 of the Agreement is hereby amended to read as follows: "Term. This Agreement shall commence on August 24, 2015 and shall remain in effect until the tasks described herein are completed to the City's approval, but in no event later than June 30, 2017, unless sooner terminated pursuant to Section 11 of this Agreement. Additionally, there shall be five (4) one (1) year options to renew the Agreement with the mutual written consent of both parties. If not renewed prior to the anniversary date, the Agreement may continue on a month-to-month basis under the same terms and conditions as this Agreement for a maximum period not to exceed six (6) months or until renewed or awarded to a new contractor, whichever is less." Section 2. Section 6 of the Agreement is hereby amended to read as follows: . "Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a flat fee of Six Thousand Dollars ($6,000) per month, for a total not to exceed amount of Seventy-Two Thousand dollars ($72,000) per year. Section 3. Except as expressly amended by this First Amendment to the Agreement, all of the other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the date and year first above written. CITY OF RANCHO PALOS VERDES ("CITY") • _ff7 B � y. i� / May•r ATTEST: . gYe&tA , By: / City Clerk 01203.0006/299982.1 B-1 GRAFFITI "a aTEE COATINGS INC. Signature. Printed Name: 1 ' Asik- • Title: �' � Signature: Printed Name: Title: 01203.0006/299982.1 U-2 CITY OF RANCHO PALOS VERDES MAINTENANCE AGREEMENT THIS AGREEMENT ("Agreement") is made and entered this 18th day of August, 2015, by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and GRAFFITI PROTECTIVE COATINGS, INC., a California corporation ("Contractor"). Contractor's license number is 672447 (C-33, D-38). WHEREAS, the City of Torrance awarded a contract to Contractor for Graffiti Abatement Services on or about June 12, 2012, which services were procured using a competitive process substantially the same as that used by City for the procurement of services; and WHEREAS, pursuant to Section 2.44.050 of the Rancho Palos Verdes Municipal Code, City desires to engage Contractor to provide Graffiti Abatement Services, with compensation based on the rates bid in the City of Torrance contract; NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows: 1. Scope of Services. Contractor shall perform the work and provide all labor, materials, equipment and services in a good and workmanlike manner for the project identified as Graffiti Abatement Services ("Project"), as described in this Agreement and Contractor's Proposal dated July 28, 2015, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and incorporated documents, the terms of this Agreement shall control. 2. Extra Work. Extra work, when ordered in writing by the Director of Public Works and accepted by the Contractor, shall be paid for in accordance with the terms of the written work order. Payment for extra work will be made at the unit price or lump sum previously agreed upon in writing between the Contractor and the Director of Public Works. All extra work shall be adjusted daily upon report sheet furnished by the Contractor, prepared by the Director of Public Works, and signed by both parties, and said daily report shall be considered thereafter the true records of extra work done. 3. Term. This Agreement shall commence on August 24, 2015 and shall remain in effect until the tasks described herein are completed to the City's approval, but in no event later than June 30, 2016, unless sooner terminated pursuant to Section 13 of this Agreement. Additionally, there shall be five (5) one (1) year options to renew the Agreement with the mutual written consent of both parties. If not renewed prior to the anniversary date, the Agreement may continue on a month-to-month basis under the same terms and conditions 4 as this Agreement for a maximum period not to exceed six (6) months or until renewed or awarded to a new contractor, whichever is less. 4. Time. Time is of the essence in this Agreement. 5. Force Majeure. Neither the City nor Contractor shall be responsible for delays in performance under this Agreement due to causes beyond its control, including but not limited to acts of God, acts of the public enemy, acts of the Government, fires, floods or other casualty, epidemics, earthquakes, labor stoppages or slowdowns, freight embargoes, unusually severe weather, and supplier delays due to such causes. Neither economic nor market conditions nor the financial condition of either party shall be considered a cause to excuse delay pursuant to this Section. Each party shall notify the other promptly in writing of each such excusable delay, its cause and its expected delay, and shall upon request update such notice. 6. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a flat fee of Six Thousand Dollars ($6,000) per month, for a total not to exceed amount of Seventy-Two Thousand dollars ($72,000). 7. Payments. Contractor shall submit to City an invoice on a monthly basis for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period, hourly rates charged, if applicable, and the amount due. City shall review each invoice and notify Contractor in writing within ten (10) business days of receipt of any disputed invoice amounts. City shall make payments within thirty(30) days after receipt of an undisputed and properly submitted payment request from Contractor. City shall return to Contractor any payment request determined not to be a proper payment request as soon as practicable, but not later than seven (7) days after receipt, and shall explain in writing the reasons why the payment request is not proper. 8. Taxes. Contractor shall calculate payment for all sales, unemployment, old age pension and other taxes imposed by local, State of California and federal law. These payments are included in the total amounts in Exhibit A. 9. Audit. The City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its billings to the City as a condition precedent to any payment to Contractor. Contractor will promptly furnish documents requested by the City. Additionally, Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under this Agreement. 10. Unresolved Disputes. In the event of any dispute or controversy with the City over any matter whatsoever, Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. Rancho Palos Verdes Municipal Code chapter 3.24 ("Claims Against the City") shall govern the procedures of the claim process, and these provisions are incorporated herein by this reference. 11. Termination. This Agreement may be canceled by the City at any time with or without cause without penalty upon thirty (30) days' written notice. In the event of termination without fault of Contractor, City shall pay Contractor for all services satisfactorily rendered 5 prior to date of termination, and such payment shall be in full satisfaction of all services rendered hereunder. 12. Incorporation by Reference. The following documents are attached hereto as Exhibit B and incorporated herein by this reference: City of Rancho Palos Verdes Instructions for Execution of Instruments; Insurance Requirements for the City of Rancho Palos Verdes Public Works Contract; Workers' Compensation Certificate of Insurance; Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution; Additional Insured Endorsement(Comprehensive General Liability);Additional Insured Endorsement (Automobile Liability); and Additional Insured Endorsement (Excess Liability). 13. Antitrust Claims. Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time the City tenders final payment to Contractor without further acknowledgment by the parties. 14. Utilities. The City acknowledges its responsibilities under Government Code Section 4215 and incorporates that section herein by this reference. 15. Location of Existing Elements. The methods used and costs involved to locate existing elements, points of connection and all construction methods are Contractor's sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed by the City. Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include, without limitation, contacting U.S.A. Alert and other private underground locating firm(s), utilizing specialized locating equipment and/or hand trenching. 16. Independent Contractor. Contractor is and shall at all times remain, as to the City, a wholly independent contractor. Neither the City nor any of its agents shall have control over the conduct of Contractor or any of the Contractor's employees, except as herein set forth, and Contractor is free to dispose of all portions of its time and activities which it is not obligated to devote to the City in such a manner and to such persons, firms, or corporations at the Contractor wishes except as expressly provided in this Agreement. Contractor shall have no power to incur any debt, obligation, or liability on behalf of the City, bind the City in any manner, or otherwise act on behalf of the City as an agent. Contractor shall not, at any time or in any manner, represent that it or any of its agents, servants or employees, are in any manner agents, servants or employees of City. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers' compensation law regarding Contractor and its employees. Contractor further agrees to indemnify and hold the City harmless from any failure of Contractor to comply with applicable workers' compensation laws. The City shall have the right to offset against the amount of any compensation due to Contractor under this Agreement any amount due to the City from Contractor as a result of its failure to promptly pay to the City any reimbursement or indemnification arising under this Section. 6 17. Prevailing Wages. City and Contractor acknowledge that this project is a public work to which prevailing wages apply. Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated herein by this reference. 18. Workers' Compensation Insurance. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, the Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 19. Nondiscriminatory Employment. Contractor shall not unlawfully discriminate against any individual based on race, color, religion, nationality, gender, sex, sexual orientation, age or condition of disability. Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all statutes and local ordinances and regulations. 20. Debarred, Suspended or Ineligible Contractors. Contractor shall not be debarred throughout the duration of this Agreement. Contractor shall not perform work with debarred subcontractor pursuant to California Labor Code Section 1777.1 or 1777.7. 21. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs pursuant to this Agreement. 22. Bonds. Contractor shall obtain faithful performance and payment bonds, each in an amount that is not less than the total compensation amount of this Agreement, and nothing in this Agreement shall be read to excuse this requirement. The required forms entitled Payment Bond (Labor and Materials) and Performance Bond are attached hereto and incorporated herein by this reference. 23. Contractor's Representations. Contractor represents, covenants and agrees that: a) Contractor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in this Agreement; b) there are no obligations, commitments, or impediments of any kind that will limit or prevent its full performance under this Agreement; c) there is no litigation pending against Contractor, and Contractor is not the subject of any criminal investigation or proceeding; and d) to Contractor's actual knowledge, neither Contractor nor its personnel have been convicted of a felony. 24. Conflicts of Interest. Contractor agrees not to accept any employment or representation during the term of this Agreement or within twelve (12) months after completion of the work under this Agreement which is or may likely make Contractor"financially interested," as provided in Government Code Section 1090 and 87100, in any decisions made by City 7 on any matter in connection with which Contractor has been retained pursuant to this Agreement. 25. Third Party Claims. City shall have full authority to compromise or otherwise settle any claim relating to the Agreement at any time. City shall timely notify Contractor of the receipt of any third-party claim relating to the Agreement. City shall be entitled to recover its reasonable costs incurred in providing this notice. 26. Non-Assignability; Subcontracting. Contractor shall not assign or transfer any interest in this Agreement nor any part thereof,whether by assignment or novation,without the City's prior written consent. Any purported assignment without written consent shall be null, void, and of no effect, and Contractor shall hold harmless, defend and indemnify the City and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from or relating to any unauthorized assignment. 27. Applicable Law. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court. 28. Attorneys' Fees. If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys'fees, experts'fees, and other costs, in addition to any other relief to which the party may be entitled. 29. Titles. The titles used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it. 30. Authority. The person executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 31. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement. 32. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 33. Non-waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by the City of any payment to Consultant constitute or be construed as a waiver by the City of any 8 breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by the City shall in no way impair or prejudice any right or remedy available to the City with regard to such breach or default. 34. Notice. Except as otherwise required by law, any notice or other communication authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's or City's regular business hours or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses listed below, or at such other address as one party may notify the other: To City: Mr. Michael Throne, Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 To Contractor: The address listed in Exhibit A. 35. Counterparts. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. 36. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction,the remaining provisions of this Agreement shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed 'thin Agreement the day and year first above written. CITY OF RANCHO PALOS VERDES GRAFF ROTECTIVE COATINGS, INC., a Calif a corporation tF By: By: r •r Print e: t kaf÷ ATTEST: Title: e By: '1liik City Clerk By: APPROVED AS TO FORM: Printed . -. L_e_x)hcf+- Title: Sec , \ c 9 By: Ci y Attorney 10 EXHIBIT A Contractor's Proposal GRAFFITI PROTECTIVE COATINGS, INC. PROPOSAL FOR GRAFFLUI ABATEMENT SERVICES July 28, 2015 SUBMITTED TO: Nicole Jules Deputy Director City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 SUBMITTED BY; GRAFFITI PROTECTIVE COATINGS, INC. 419 N LARCHMONT BLVD # 264 LOS ANGELES, CA 90004 (323) 464-4472 FAX (323) 656-3579 Qualifications Exhibit A Error! Unknown document property name. 11 Company Information Graffiti Protective Coatings,Inc.(GPC),a California corporation,.is a graffiti abatement company created in 1991. The founders of GM who were students at University of Southern California, had researched and improved upon various graffiti removal techniques and products from around the world after having created an award winning business plan for an entrepreneur class. GPC was then created and the University became the company's first.significant client. After just one year GPC had saved the University over$100,000(50%cost reduction),dramatically improved the appearance of the campus,and gained credibility for the start-up company. •GPC's contract with the University is still in place after 24 years and has been expanded many times. The company centered on a formula of constant research and development in techniques, equipment,and products as well as a highly skilled well paid labor force of problem solving.,ever improving,and self motivated individuals. GPC has stayed true to its business plan. Its products, equipment,and techniques are the most advanced in the industry. Staff expertise,consistency,and professionalism continue to grow. GPC and its related companies have over 1,000 public and private clients and presently clean over 500,000 locations and 16,000,000 square feet of graffiti annually in three states.Required California State Contractor's License number is 672447,consisting of a C-33 and D-38. GPC's equipment set-up is designed exclusively for graffiti abatement.GPC's proprietary methods and products are vastly superior to all industry standards.Field staff is trained thoroughly'in all graffiti removal techniques and situations. Office staff customizes and develops sophisticated yet user-friendly data compilation for the customers. .Management understands communication, priorities,follow through,and the importance of exceeding the customer's expectations. GPC has extensive dealings with large government agencies and understands processes, procedures,work volume,documentation,and invoicing requirements associated with these customers.GPC can handle graffiti contracts of all sizes. GPC has three types of clients for graffiti abatement.'Mese include-municipalities,government agencies,and private customers. GPC can remove graffiti from any swface leaving no trace of graffiti,and our skilled and efficient personnel can perform these tasks at an extremely fast speed.GPC standards include 24 hour 7 day a week availability,98%minimum color match quality, 1 hour or less response to emergency service requests,proactive zero-tolerance patrols,and always exceeding the specifications of the scope of work. GPC is available to City of Rancho Palos Verdes(City)staff24 hours a day,seven days week. GPC also understands priorities and will work seamlessly with City staff and City Project Manager (CPM). 12 GPC's services will benefit the City of Rancho Palos Verdes in the following areas: Experience GPC has been successfully providing graffiti abatement services to agencies as large as Rancho Palos Verdes or larger. GPC understands the financial,management.,and staff requirements to make this project successful. Equipment GPC currently possesses all the equipment needed for this project, The equipment is customized and designed specifically for graffiti abatement methods and techniques: Staff (PC staff are well qualified and experienced in graffiti re; oval. Staff understands the expectations of their contracts and will seek to not only meet but also exceed those expectations, Techniques GPC has created and mastered the methods and techniques of professional graffiti removal. GPC defines professional graffiti abatement as removal that leave no traces of pastvandalism. Documentation GPC understands the City's documentation requirements for this contract, GPC is offering its App-Order system to the City so that it:can monitor,input,and retrieve work orders with photos over the web in real-time, In addition.,the City will receive its own app on the ICO and Andriod platform at no additional cost. Communication GPC is available to the City staff 2$hours a day,seven days week.GPC also understands priorities and will work seamlessly with City staff Consistency GPC provides reliable competent service on every work order that it completes. GPC staff all understand that one poorly completed work order can jeopardize the reputation and customer trust that can sometimes take years to develop. There is no better indicator of future success than past perfbrmance,and GPC stands behind its 22- year history of providing exceptional service and workmanship in the field of graffiti abatement. Work Plan! Technical .Description Overview 13 The keys to a successful graffiti removal program are fast response,removal of all graffiti,and removal methods that leave no traces that the graffiti ever existed. Graffiti breeds more graffiti, and fast professional removal will allow to the City of Rancho Palos Verdes to control this problem. Graffiti Protective Coatings,Inc.specializes in these services with its'Zero-Tolerance Program", Under GPC's proven program each technician is fully equipped and trained to remove all graffiti. GPC performs thorough and complete removal,leaving no traces of the past graffiti. 1.3etails are not overlooked.All graffiti at sites requested by the City are removed no matter how small including but not limited to:all streets,sidewalks,.private and city owned property,parks,civic center,upper level locations,and all objects in the City Right of Way. Schedule of work(days,times,etc.) GPC is planning a schedule of seven days per week for a minimum of 1 truck for the City of Rancho Palos Verdes. Holiday and Special Event work will also be scheduled. GPC will provide additional vehicles as needed,when needed. Identification of work GPC will be responding to City staff requests,app requests,. hotline calls,and proactive patrols of areas assigned by City staff GPC will meet with City staff as requested to discuss work orders, schedules,and areas to be maintained. Assignment of Work GPC prefers to put technicians in their own exclusive and specific City/zone. Technicians that are experts in their assigned geographic area gain efficiencies of drive time creating faster response times;more specific knowledge of neighborhoods,"hot spots",and color matches creating better consistency;and the technicians are more accountable for the appearance of their City/zone creating higher quality.GPC will provide the City its App-Order software and a smartphone app equipped with the App-Order manager's app to City staff for instant and easy communication. Daily,GPC will complete all service requests within 24 hours. This portion of the work plan is referred to as Reactive Work. Additionally,GPC will patrol and clean target areas listed as main thoroughfares and parks on the attached map(attachment A)two times per week. This portion of the work plan is referred to as Proactive Work.The free app exclusive for City residents will assist GPC staff in quickly identifying other graffiti within the City such as at the beaches or on trails that can only be reached by foot, GPC's Rancho Palos Verdes lead service technician,upon request.,will check in with City staff at a specified time to review service requests and overall operations. City staff can monitor and manage work orders via the web or on the provided manager's smartphone app. GPC custom color matches all buildings to 98%or better.GPC will maintain the formulas as well as the inventory of labeled locations.Therefore,our touch-ups will always be 100% accurate.Our custom matches will include specific coatings and bases as needed for unique finishes. Many buildings are repeatedly tagged and would be damaged if quality of the removal • 14 does not account for the repeated volume,therefore GPC takes special care to properly prep all surfaces and then professionally apply only high quality.finishes.GPC will not use recycled paint on private or city owned property since it does not meet GPC or resident expectations. Additional Work and Emergencies GPC knows from experience,the City will receive special event requests and emergency calls. GPC performs these services at no additional charge. Response Time GPC will be available to the City 24 hours a day,365 days a year.No matter what the Holiday or time,emergency after-hours calls will have a response time of less than 90 minutes. Emergency- . number is(323)464-4472. I) Emergencies-less than 90 minutes 2) Routine-clean immediately upon spotting graffiti 3) Citizen or City reported incidents-less than 1 hour from notification during normal working hours,never more than 8 working hours Equipment to be provided within contract GPC trucks for the City of Rancho Palos Verdes will be a mix of new or late model.long bed heavy duty pick-ups.Al!trucks are fully equipped and self-contained for all aspects of graffiti removal. Graffiti locations often require multiple techniques of hot water cleaning,chemical removal,and painting. Therefore,each of our trucks are equipped with 3,0(X)psi 5gpm hot water pressure washers,water tanks,water recovery units,.75-gpm gas powered airless paint sprayers,ladder,baking soda blaster attachments,and pressure washer hose reels. GPC's equipment is of the highest quality and all the trucks are specifically customized and designed for GPC graffiti removal techniques. GPC currently has all the equipment needed to fulfill this contract. Mounted on the trucks are dual strobe lights and arrow sticks.The trucks possess a"Men Working"flag sign as well as enough cones to comply with WATCH handbook requirements. Inside the trucks are caution tape,respirators,first aid kits,MSDS sheets,safety equipment,and tools for repairs. All GPC trucks for the City will always be fully equipped for all types of graffiti removal.There will be no need or delay for additional equipment. Technology GPC provides its App-Order system at no additional charge. GPC has spent over$1,000,000 on its software system and has a full-time staff'dedicated to software customer service for GPC customers. This electronic work order system is a green solution to work order management. The real-time web based software system creates tremendous efficiencies and significant cost. savings for GPC and the City. The City is able to dispatch,route,and monitor work orders real- time via the web. The technicians are able to directly submit work order number,police report number, cost, surface type, street number and name, longitude and latitude, method, square footage, name and phone number of reporter,day and time job was both created and completed, 15 and before/after photos with URLs electronically in real-time to the City. System recognizes and records the'technicians name and tracks work order response times. GPC provides all software, web service,maintenance,and support at no additional cost. Included, GPC will provide the City if requested its own branded app on the App Store and Android Marketplace that Rancho Palos Verdes residents use to report graffiti and other issues using their smartphones. Photos and(IRS data from smartphone requests electronically ked into the web based system where it is electronically directed to GPC field staff A seamless web link is also included that allows residents to submit their requests from the City's website. Work orders are closed electronically in real-time with corresponding electronic notification of job status sent to the resident. Features include customized electronic response to citizen requests with before and after photographs as well as a link to an electronic survey. Survey lets residents rate the quality of services provided as well as the response time. Completed surveys are electronically sent in real-time to designated City staff. The system is role based and is user friendly, City staff can print current and real-time custom reports and graphs within seconds on-line. App-Order shows in real-time open/closed work orders, response time, billing, and reports. It also separates out costs for different surfaces, technicians, methods,and zones. Billing and reports can also be exported to excel spreadsheets in mere seconds. Law enforcement is provided passwords so they can map, search,.and track vandal activity as well as get instant and real-time billing reports and photos for apprehended taggers. All data collected in the work order system tbr this project is the property of the City. GPC treated and owns the software,so custom features can:be easily added with no additional cost. Staffing The project manager for this contract will be Jesus Rodriguez.Jesus has been with GPC for 13 years. He is currently one of GPC's top rated field techs for the entire company,having won a recent multistate 3 day contest against other top tier staff His standing as one of GPC's top technician is made more impressive in that GPC is a company of highly skilled fantastic and dedicated professionals that have established GPC as"best in class"in the graffiti removal industry. Jesus speaks fluent English and Spanish.The benefit of a small community such as Rancho Palos Verdes is that almost the entire community will get to know GPC staff and will see GPC working diligently every day. GPC staff's consistent quality,workmanship,and attention to detail will create the highest possible standards that are now the expectation. Residents can sense that GPC stelae seeking to make them happy and always wants to impress everyone with the quality of their work. GPC has a 1.00pt training program for its service techs in which they receive a full year of training. Key Personnel-Qualifications and Experience 16 Key personnel for this proposal are Barry Steinhart,Joni Sawyer,and Jesus Rodriguez.GPC has allocated some its best staff for this project. GPC also has the proper number of staff committed • to this project to ensure high customer satisfaction. Biographies: • Barry Steinhart-General Manager 419 N.Larchmont Blvd. 264 Los Angeles,CA 90004 (213)591-1153/Fax(323)656-3579 GPCLAgMSN.COM Barry has 24 years experience in graffiti removal and has a degree from the University of Southern California. He will be the project manager for this RFP. He was instrumental in the development of many of GPC's graffiti removal techniques, pioneered the use of sacrificial anti-graffiti coatings, and developed the company's zero-tolerance graffiti program. He created a simple system of field color matching and the 98% minimum color match program. Barry will be directly involved with all facets of this contract. The level of service and quality of work performed under Barry's leadership is outstanding. Barry works very hard to be responsive, consistent, detailed, professional, and exceptional. His history is verifiable and irrefutable and always wishes to be judged more by his actions over GPC's 24 year history of successful projects verified through references rather than by words on a piece of paper, 40 Joni Sawyer-Software Director of Operations 1.094 E.Sahara Las Vegas,-NV 89104 (702)686-0446/Fax(800)536-0963 JONI@APP-ORDER.COM Joni is the former assistant General Manager of the company and now serves as Director of Operations for GPC's software company,App-Order. Joni will be the point of contact for the contract for software solutions. Joni has a degree from Ventura Community College. Joni emphasizes the company's culture of unprecedented customer service, which she brought with her after serving as store director of Tiffany and Co in New York and store director of Harry Winston in Beverly Hills. GPC's president, Carla Lenhoff, has a business philosophy and goal of making GPC the apex in quality and service. Carla, who got her start on Rodeo Drive, had followed Joni's career for more than 22 years and once GPC had reached a size that could support her acquisition,Joni was added to GPC's staff • Jesus Rodriguez-Asst General Manager 419 N.Larchmont Blvd.#264 Los Angeles,CA 90004 (323)464-4472/Fax(323)656-3579 17 GPCLA(ii)MSN.COM Jesus has 13 years experience in graffiti removal. Jesus will be the project/field staff leader for the contract. Jesus provides a high level of workmanship and customer service. He has been the model of consistency. He will quickly become experienced with the City geography, residents, business owners., and City staff The City cannot find a technician more proven or with a better understanding of the scope of services for this project than Jesus. Besides Jesus" excellent workmanship, his ability to interact with the public as a representative of both GPC and the City is invaluable and was why he was chosen specifically for this project. Cost GPC will provide all Reactive and Proactive Work as identified in this proposal for a flat fee of $6,000 per month. Prevailing wages are applicable to GPC's bid price. Conclusion GPC has always provided the highest quality services at low prices. GPC provides consistency and maintains the highest possible standards,exceeding and creating very high expectations. l'here is no better indicator of future success than past performance. • 7 ' • • pproved by Carla Lenhoff,President 7/28/15 18 0) T.... : : d .1.141;1411.1i1 :.,?''':,'•:,,: ., CS r tEAF" L.,,,ks,,, neoRiG4',..DR .„,1 ....,,, 4 N_:.__ii,i_t,f,;tt). ‘',47e.t.S I MAIALOS vERDL..: OR. A P Los ,FR(*.lvc.. , . ,,pA os,„ NE 0 I . . .. !,,„....:,.. fi,pf1:0440L1 ,, ;,...; 1,1,1„}AVV,Ev1' .k,,.....,,..,„:,...:. .:,....„,...,.... 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'1 ..,_ ......„,„„ . ! :, ...,,,...--•-•.• EXHIBIT B City of Rancho Palos Verdes Instructions for Execution of Instruments; Insurance Requirements for the City of Rancho Palos Verdes Public Works Contract; Workers' Compensation Certificate of Insurance; Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution; Additional Insured Endorsement (Comprehensive General Liability); Additional Insured Endorsement (Automobile Liability); and Additional Insured Endorsement (Excess Liability) CITY OF RANCHO PALOS VERDES INSTRUCTIONS FOR EXECUTION OF INSTRUMENTS THIS IS INSTRUCTION ONLY - IT IS NOT TO BE SIGNED OR USED IN CONJUNCTION WITH THE AGREEMENT OR ANY OTHER FORMS THAT MUST BE TURNED INTO THE CITY OF RANCHO PALOS VERDES - IT IS SIMPLY A FORMAT TO USE WHEN FILLING OUT DOCUMENTS. 1. By an Individual. The individual must sign the instrument, and if he/she is doing business under a fictitious name, the fictitious name must be set forth. The signature must be acknowledged before a Notary Public, using the proper form of acknowledgment. 2. By a Partnership. The name of the partnership must be set forth followed by the signatures of less than all of the partners will be acceptable only if submitted with evidence of authority to act on behalf of the partnership. The signatures must be acknowledged before a Notary Public, using the proper form of acknowledgment. 3. By a Corporation. The name of the corporation must be set forth, followed by the signatures of the President or Vice President and Secretary or Assistant Secretary. The signatures must be acknowledged before a Notary Public, using the proper form of acknowledgment. 4. By a Surety. The name of the surety must be set forth, followed by an authorized signature. The signatures must be acknowledged before a Notary Public, using the proper form of acknowledgment. 20 INSURANCE REQUIREMENTS FOR CITY OF RANCHO PALOS VERDES PUBLIC WORKS CONTRACT The Contractor shall at all time during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad-form comprehensive general liability insurance with minimum limits of$2,000,000.00 combined single limit coverage against any injury, death, lose, or damage as a result of wrongful or negligent acts by the Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of$1,000,000.00; (3) automotive liability insurance with a minimum combined single limits coverage of$1,000,000.00; and (4) workers' compensation insurance in the amount required by law. The City, its officers, employees, attorneys, and volunteers shall be named as additional insured on the policy(ies) as to comprehensive general liability, property damage, and workers' compensation coverages. 1. Acceptable insurance coverage shall be placed with carriers admitted to write insurance in California, or carriers with a rating of, or equivalent to, A:VII by A.M. Best & Company. Any deviation from this rule shall require specific approval, in writing, from the City. 2. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through addition of additional insured to the policy) by the insurance carrier without the insurance carrier giving the City thirty (30) days prior written notice thereof. The Contractor agrees that it will not cancel, reduce or otherwise modify said insurance coverage. 3. The Contractor agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost, the City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of the Contractor and the cost of such insurance may be deducted, at the option of the City, from payments due the Contractor. 4. The Contractor shall submit to the City (1) insurance certificates indicating compliance with the minimum workers' compensation insurance requirements above, and (2) insurance policy endorsements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements must be executed on the City's appropriate standard forms entitled "Additional Insured Endorsement," copies of which are attached hereto. 21 Bond No. PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Rancho Palos Verdes, California ("Public Agency"), has awarded to (Name and address of Contractor) ("Principal"), a contract(the "Contract"), which is incorporated herein by this reference, for the work described as follows: WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to file a good and sufficient payment bond with the Public Agency to secure the payment of claims of laborers, mechanics, material persons, and other persons as provided by law. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency and all subcontractors, laborers, material persons, and other persons employed in the performance of the Contract in the penal sum of Dollars ($ ) (the"Penal Sum"), this amount being not less than one hundred percent(100%) of the total Contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 9100 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the Penal Sum specified in this bond; otherwise, this obligation shall become null and void. This bond shall inure to the benefit of any of the persons named in Section 9100 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay, in addition to the Penal Sum, all costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the Public Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Further, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed there under, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications there under. Surety hereby waives the provisions of California Civil Code sections 2845 and 2849. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all 22 purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: "Principal" "Surety" By: By: Its Its By: By: Its Its (Seal) (Seal) APPROVED AS TO SURETY AND PRINCIPAL APPROVED AS TO FORM: AMOUNT RICHARDS,WATSON &GERSHON A Professional Corporation By: By: Insurance Administrator Public Agency Attorney Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. 23 Bond No. PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Rancho Palos Verdes ("Public Agency"), has awarded to (Name and address of Contractor) ("Principal"), a contract (the "Contract"), which is incorporated herein by this reference, for the work described as follows: WHEREAS, Principal is required under the terms of the Contract to file a good and sufficient performance bond with the Public Agency for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Dollars ($ ) (the "Penal Sum"), this amount being not less than one hundred percent (100%) of the total Contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, employees, and others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay, in addition to the Penal Sum, all costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the Public Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code sections 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. 24 IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: "Principal" "Surety" By: By: Its Its By: By: Its Its (Seal) (Seal) APPROVED AS TO SURETY AND APPROVED AS TO FORM: PRINCIPAL AMOUNT RICHARDS, WATSON & GERSHON A Professional Corporation By: By: Insurance Administrator Public Agency Attorney Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached 25 WORKERS' COMPENSATION CERTIFICATE OF INSURANCE t WHEREAS, the City of Rancho Palos Verdes has required certain insurance to be provided by: NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time: 1. This certificate is issued to: City of Rancho Palos Verdes City Hall 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 2. The insureds under such policy or policies are: 3. Workers' Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds as follows: Policy Number Effective Date Expiration Date 4. Said policy or policies shall not be canceled, nor shall there be any reduction in coverage or limits of liability, unless and until thirty days'written notice thereof has been served upon the City Clerk of the City of Rancho Palos Verdes By: Its Authorized Representative Exhibit B Error! Unknown document property name. 26 AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. Contractor acknowledges that the project as defined in this Agreement between Contractor and the City, to which this Agreement to Comply with California Labor Law Requirements is attached and incorporated by reference, is a "public work" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"), and that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations ("DIR") implementing such statutes. Contractor shall perform all work on the project as a public work. Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement. 4. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. 5. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. 6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. 7. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25)for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. 27 Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay. 8. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 9. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure. 10. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor's expense with counsel reasonably acceptable to the City) the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation,fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undert. - or in connection with the Agreement, including without limitation the payment of all •nsequential damages, attorneys' fees, and other related costs and expenses. All duties of o re tor under this Section shall survive termination of the Agreement. Date9-{lt Signature 1. Date Signature 2: 28 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No. or description: Indemnitor(s) (list all names): To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Rancho Palos Verdes and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses,judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced contract, agreement, license, or permit (the "Agreement") or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision,and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney's fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass(a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the e - there is more than one person or entity named in the Agreement as an Indemnitor, then all obligat'• , Iia ilities, covenants and conditions under this instrument shall be joint and several. "Ind= ito r, Nam- Name By: (EtukriG By: Y Its Its 29 ADDITIONAL INSURED ENDORSEMENT- COMPREHENSIVE GENERAL LIABILITY Name and address of named insured("Named Insured'): Name and address of Insurance Company("Company'): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s)designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision,the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the 30 Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: ❑ Contractual Liability ❑ Explosion Hazard ❑ Owners/Landlords/Tenants ❑ Collapse Hazard ❑ Manufacturers/Contractors ❑ Underground Property Damage ❑ Products/Completed Operations ❑ Pollution Liability ❑ Broad Form Property Damage ❑ Liquor Liability ❑ Extended Bodily Injury ❑ ❑ Broad Form Comprehensive ❑ General Liability Endorsement ❑ 12. A❑ deductible or❑ self-insured retention (check one) of$ applies to all coverage(s) except: (if none, so state). The deductible is applicable ❑ per claim or❑ per occurrence (check one). 13. This is an ❑ occurrence or❑ claims made policy(check one). 14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number I, (print name), hereby declare under penalty of perjury under the laws of the State of California,that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20 Signature of Authorized Representative (Original signature only;no facsimile signature Telephone No.: ( ) or initialed signature accepted) 31 ADDITIONAL INSURED ENDORSEMENT-AUTOMOBILE LIABILITY Name and address of named insured("Named Insured'): Name and address of Insurance Company("Company'): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the"Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds(the above named additional insureds are hereafter referred to as the"Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims,i.e.,in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 32 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: Any Automobiles Truckers Coverage � All Owned Automobiles Motor Carrier Act i Non-owned Automobiles i Bus Regulatory Reform Act i Hired Automobiles ► Public Livery Coverage i Scheduled Automobiles i Garage Coverage 12. A❑deductible or❑self-insured retention (check one)of$ applies to all coverage(s)except: (if none, so state). The deductible is applicable G per claim or G per occurrence (check one). 13. This is an❑occurrence or❑claims made policy(check one). 14. This endorsement is effective on at 12:01 a.m.and forms a part of Policy Number (print name), hereby declare under penalty of perjury under the laws of the State of California,that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20 Signature of Authorized Representative (Original signature only;no facsimile signature Telephone No.: ( ) or initialed signature accepted) 33 ADDITIONAL INSURED ENDORSEMENT- EXCESS LIABILITY Name and address of named insured("Named Insured'): Name and address of Insurance Company("Company'): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached(the"Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds(the above named additional insureds are hereafter referred to as the"Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought,except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims,i.e.,in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in ` conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 34 ` 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY ❑ Following Form ❑ Umbrella Liability 11. Applicable underlying coverages: INSURANCE COMPANY POLICY NO. AMOUNT 12. The following inclusions, exclusions,extensions or specific provisions relate to the above coverages: 13. A❑deductible or❑self-insured retention (check one)of$ applies to all coverage(s) except: (if none, so state). The deductible is applicable❑ per claim or❑ per occurrence(check one). 14. This is an❑occurrence or❑ claims made policy(check one). 15. This endorsement is effective on at 12:01 a.m.and forms a part of Policy Number I, (print name), hereby declare under penalty of perjury under the laws of the State of California,that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed ,20 Signature of Authorized Representative (Original signature only;no facsimile signature Telephone No.: (_) or initialed signature accepted) 35 „,, CITY OFRANCHO PALOS VERDES EXHIBIT C Terms for Compliance with California Labor Law Requirements 1. Contractor acknowledges that the project as defined in this Agreement between Contractor and City, to which this Agreement to Comply with California Labor Law Requirements is attached and incorporated by reference, is a "public work” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"), and that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations ("DIR") implementing such statutes. Contractor shall perform all work on the project as a public work. Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the effective date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Contractor or any subcontractor cease to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Contractor's services are subject to compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations. 4. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement. 5. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. 6. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. 7. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et 36 , seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. 8. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25)for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight(8) hours per day at not less than one and one-half(1-1/2) times the basic rate of pay. 9. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 10. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure. , 11. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor's expense with counsel reasonably acceptable to the City) the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity(including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive termination of the Agreement. 37 Bond No.41325516 EXECUTED IN DUPLICATE ANNUALLY RENEWABLE PAYMENT BOND PREMIUM: $500.00/YEAR (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Rancho Palos Verdes, California("Public Agency"), has awarded to Graffiti Protective Coatings, Inc.,419 N. Larchmont Blvd.#264, Los Angeles,CA 90004 (Name and address of Contractor) ("Principal"), a contract(the"Contract"),which is incorporated herein by this reference, for the work described as follows: Maintenance Agreement: Graffiti Abatement Services WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to file a good and sufficient payment bond with the Public Agency to secure the payment of claims of laborers, mechanics, material persons, and other persons as provided by law. NOW,THEREFORE,we,the undersigned Principal, and Platte River Insurance Company P.O.Box 5900,Madison,WI 53705-0900 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency and all subcontractors, laborers, material persons, and other persons employed in the performance of the Contract in the penal sum of Twenty-Five Thousand Dollars and 00/100 Dollars ($25,000.00---_______ ) (the"Penal Sum"),this amount being not less than one hundred percent(100%) of the total Contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally,firmly by these presents_ THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators,successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 9100 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted,withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the Penal Sum specified in this bond; otherwise, this obligation shall become null and void. This bond shall inure to the benefit of any of the persons named in Section 9100 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay, in addition to the Penal Sum, all costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the Public Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Further, the Surety, for value received, hereby stipulates and4tgrees.theimehatigextensietwamifrie (*) alteration, addition or modification to the terms of the Contract, or of the work to be performed there under, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications there under. Surety hereby waives the provisions of California Civil Code sections 2845 and 2849. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all (*) This bond is for the term beginning and ending . The bond may be extended for additional terms at the option of the Surety,by continuation certificate executed by the Surety. Neither non-renewal by the Surety, nor failure, nor inability of the Principal to file a replacement bond shall constitute a loss to the Obligee recoverable under this bond. 22 • . purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: August 24,2015 "Principal" "Surety" Graffiti Protectiv- 'oatin•:,Inc. Platte River Insurance Company 419 N.Lar. mont : d`.264,Los Angeles,CA 90004 P.O.Bo 0,Madison, 5-0900 By: By: Its 0�( Lek) 11-V { is Rya ash,Attorney-In-Fact By: By: Its Its (Seal) (Sear APPROVED AS TO SURETY AND PRINCIPAL • APPROVED AS TO FORM: AMOUNT RICHARDS,WATSON &GERSHON A Professional Corporation By: By: Insurance Administrator Public Agency Attorney Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. • • 23 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sacramento ) On ater �$Z ''/S before me, Susan Fournier, Notary Public (insert name and title of the officer) personally appeared Ryan Tash who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. .".411111 .• Y R Signature (Seal) Y CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of 405 3Q\QS • OnAuys4-- before me mob ymtpx.lb Date Here Inert Name and Title of the Officer personally appeared Ir a 1,-(W kOcfc Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personV whose name(is/ae subscribed to the within instrument and acknowledged to me that. /she%,bei executed the same in lieherittierauthorized capacity(yoar and that by bieher/talaersignaturejeon the instrument the person; or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SUSAN M. WITNESS my hand and official seal. dili"TeNN 'hAd'a"bhD°RNIA COMMISSION#2031840 �' �', jdMCOmmEXJUlVlJ 9 Si nature Signature of Notary lic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Dgsgment Title or Type of Docum nt: I ." Ta�1 Document Date: y.z4--(6 Number of Pages: Sig er(s) Other Than Named Above: SQL()JCLLrYLrt Capacity(ies) Wined by Signer(s),,r„. 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'�� '+�.1 �k ,fit+ i Y 4Y4Ji �' �f..�I •.f`f1 '�Y� :�` Y ..: ?":4 )1] \ 1 � js } Tr.^ �*!yj '� ♦♦ •+�A l�` /� �I �Y'�Yy}I .•v'�'r'Nl � Y �+Y••i•!-/�.��T Y/A{ {d'�'.{tf `i�'7i�nn � f }.'�j `i 1y�,. ��,?•1� 1 , ��`� �p� .� S 4♦ .('',f•'�a{':1,J1 S L. ►♦ ! �y. � .��i.t,' .'� Y1 l •F• 7 �'► J`7' 'i'lA, 'yF�o.�A.:J� ry•..,.Y!•^�••f A�^�, /��'!'s+'+7'v�(iaiiir tlia,il'i a t1•} ��ppyi !! ii 'i'�i vs i •1r .jiI i 4.t� i5I 'i ,t �9a ♦C '► t ,r. 5h° ilk ��{ f 'si 'r� g j 5.>tt* , .,.•. _ �ti..t �Yl..YY��t..rr�'��t�..i ��;_��Y�..�ciy��y►..f��rtt��r1..� '�rYi1..,tr�;flt.., ,i�.,i•I I�_. i�� .. c��t��, t � ��i�:?�!'iii-t��_.i��'i..�'rl:.It�__E'��Its r I� 't' ._.'�> riti' t'T..4 PLATTE RIVER INSURANCE COMPANY �' w.:Y%- 41325516j.:4:,,:t?.,4,...,' .;��".":;:::::::4#: POWER POWER OF ATTORNEY Br-'-U.t.-:.';i:.. ..... KNOW ALL MEN BY THESE PRESENTS,That the PLATTE RIVER INSURANCE COMPANY,a corporation of the State of Nebraska,having its •-- '.vf . rinci al offices in the Cit of Middleton,Wisconsin,does make,constitute and appoint .. --ii,-,-;*„ iiigii ' +.,tea.�'•••' +•,,•.•.• •�"�'�''� 1 JOHN T.PAGE;RYAN TASH;CHRISTINE STRADFORD s=y" ;;;•' 4-;;;i::.•;!:47:-.'-::- +•�;a std' tis:.♦i,;�,. ,fes,__♦:,►+i .:',;r i• its true and lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds -= '��•'P` -=�f undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in ..-z-/---..--..\ 11,14 M ` t_, amount the sum of ,!+,�;. 11•• - --WRITTEN INSTRUMENTS IN AN AMOUNTNOT TO EXCEED: 20 000 000.00-------------- -. -+:' is;•,•.•' '.,.� , �.♦.;;`� .,;: +• 0," This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board +1:::' :-•l of Directors of PLATTE RiVER INSURANCE COMPANY at a meeting duly called and held on the 8th day of January,2002. !i.*'O,♦�♦ y;i "z,i, "RESOLVED,that the President,and Vice-President,the Secretary or Treasurer,acting individually or otherwise,be and they hereby are granted the =�=''hi iii'�likt-',_`}.1 -1:`' .W10 I �.��i •t•.,,:,,..•� power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings and other writings .,;.� •..:t :te:;,,14.4•,` .' obligatory in the nature thereof,one or more vice-presidents,assistant secretaries and attorney(s)-in-fact,each appointee to have the powers and duties - -=:Y< t L•.• p`..! usual to such offices to the business of the company;the signature of such officers and the seal of the Corporation may be affixed to such power of • •a• ;~ '' attorney or to any certificate relating thereto by facsimile and any such power of attorney or certificate bearing such facsimile signatures or facsimile =-� fk,i,;;:*,:w`It seal shall be valid and binding upon the Corporation in the future with respect to any bond or undertaking or other writing obligatory in the nature t"'a*,r�;.;•?2577 + g„:Ls. a thereof to which it is attached.Any such appointment may be revoked for cause,or without cause,by any of said officers,at any time.)' -.='< t; __ .� In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that thepower and authorityherebygiven to the `' �' �;�+�:��' g P P Y� g • •• �-'''''=` '.- Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts -....437-..s.-..-3:-., }+,;.;.. .+4. required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation flf, 43:;;,; •-»: . making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its obligations under its bond. E-1-111--1:',;- eg;:',:!``1' In connection with obligations in favor of the KentuckyDepartment of Highways onl it is agreed that thepower and authorityherebygiven to the = �4;vo, .., g PY, g ��1.: Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner-Department of =' f‹ �rf�+.;.ms's.: �3Gtit 77`:5;i +;4::Z., :.}i Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. ,+, •1•♦• }t..:.' -;ter, �i,';t► f• - IN WITNESS WHEREOF,the PLATTE RIVER INSURANCE COMPANY has caused these presents to be signed by its officer undersigned and ._: �:` to•. . _ its corporate seal to be hereto affixed dulyattested this 8th dayof January,2014. a�r.�♦,:.•• t •,,g•r,, '.- rP rY� e, �i.,•v Attest: t,.,,.z =L1 01\1‘111111I11111100ii� PLATTE RIVER INSURANCE COMPANY 71;;!:;:f4:1••.► 1?"%#"1 tt1�;�.'P`. `} 4r°S<osPonAr .per, •y� • Zivel:::...fri n•v,� ,.!..... Wiz, ,• ''-t” Richard W.Allen III = ==.- ORZTIT, wr = SEAL = ��•�:-, President = Stephen J. Sills 3;fid+ ti�:+ Surety&Fidelity Operations CEO&President {�- -I tflgr'101- STATE OF WISCONSIN ��%i •nr P' o��`�°\\\\ *500044 r •\'.:',e-A:2-4, S.S.: ////////////:711 ISK�11\\\\\\\\\�� .' 'r.<<;if, sr',;;;:,'=- .w COUNTY OF DANE :"` ;, w•-..r,'.- On the 8th day of January,2014 before me personally came Stephen J.Stills,to me known,who being by me duly sworn,did depose and say:that he -w—;::'� "ri:t•17.11:,-:1', resides in the County of New York State of New York•that he is President of PLATTE RIVER INSURANCE COMPANY the corporation described y��`` r"i`�j '•''+'°� herein and which executed the above instrument;that he knows the seal of the said corporation;that the seal affixed to said instrument is such corporate ;"�+".``' ,,:.+.'►•.... }�'',{�J '+•«•-•eft,: ',i,l�,,•�•� seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. 140 1.'f,d a•,+.,;,;may;;,:.•,. `t 6i'S,,,:i14-;•;-:: iferrs.),,,, $11:,:e: „,q.„.., --- DANIEL //v7 + .4.::$1 f:�•+•e -`ter r KRUEGER Daniel W.Krueger ,voir.'�rlit-V' -,,,,,..:-..t........,4,4„. STATE OF WISCONSIN --°�a bt�„„*.w Notary Public,Dane Co.,WI ,._-.:: S.S.: 44.:;-:''74:-"137'.: COUNTY OF DANE MyCommission Is Permanent --7-'1'..7.4%4§, N:',:::4 .l CERTIFICATE ;::: ;;.;, 1 I the undersigned duly elected to the office stated below, now the incumbent in PLATTE RIVER INSURANCE COMPANY a Nebraska x.�;:;y ,,•.d,.♦._,,;••. Corporation,authorized to make this certificate,DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has '..::,•,.dt •;.`•M • _ not been revoked;and furthermore that the Resolution of the Board of DirectorsMe7.-- ,set forth in the Power of Attorne,--y is now in force. _ 1w''.l ,---” EA:iiil \Ic>. - Signed and sealed at the City of Middleton,State of Wisconsin this dV(''''...-- ay of 2 /� --• .•,t. 0,0,1:'*-'07.9�►.` 1�I�d '4a„dt311114tryC, '�:::►r 0•�►t+,.+:000,; . Ff / ::.Y•14>:,:,,,► 4;4.e r��' �� ‘,.,,,,S,EAL -i 'r�t.1,,,r „ Alan S.Ogilvie ,►:5.•,.?.-; 4';:i� Secretary =,i.,`i:'3 it�'►;!',T..►•• fl�'pd�� -�"!'.j'3.�a��•j 1 '4q.:4•4•::-...1---'4.--'"-•� 'THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON GREEN SHADED BACKGROUND WITH A RED. SERIAL NUMBER IN THE UPPER RIGHT HAND .."�:':'`f t 1,i`S i,+ :' y 1. -� r• ?+.LT •�••f l< ;,;';«,; -, CORNER.IF YOU HAVE ANY QUE'ST'IONS CONCERNING THE AUTHEN:ICI i Y OF'.HIS DOCUMENT CALL,800-475-4450. 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