Mountains Recreation and Conservation Authority (MRCA) (2009) ,
MOUNTAINS RECREATION & C ERVATION AUTHORITY
Los Angeles River Center and Gardens
amr 570 West Avenue Twenty-six,Suite 100
t.716 MEM-ATM
Los Angeles,California 90065
Ng. Phone(323)221-9944 Fax(323)221-9934
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December 10, 2009
Walt Young, Chief Ranger
Mountains Recreation and Conservation Authority
2600 Franklin Canyon Drive
Beverly Hills, CA 90210
Letter of Agreement
Contract Number
The City of Rancho Palos Verdes ("City") would like to enter into a letter of
agreement ("Agreement") with the Mountains Recreation and Conservation
Authority ("MRCA") for open space management.
1. Scope of Work
MRCA proposal submitted on November 18, 2009, is attached hereto and incorporated
herein by reference. MRCA will provide Ranger Services in the contracted areas.
The initial 120 days the City Ordinances will apply to the contracted areas addressed in
the proposal.
2. Compensation
The City agrees to compensate MRCA for services rendered based on an hourly rate of
$54.37 per hour. The total cost of Agreement shall not exceed $23,000 unless
authorized by the City. This amount represents the total compensation to be paid to
MRCA by City for all work to be done by MRCA, including all allowable costs.
3. Time Schedule
The schedule of work to be completed by MRCA includes delivery of work product or
services discussed in Scope of Work. Work should be completed in accordance with
the final time schedule by MRCA and agreed to by City.
4. Indemnification
MRCA agrees to indemnify and hold City harmless from and against any claim, action
damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising
out of the performance of this agreement by MRCA. Should City be named in any suit,
or should any claim be brought against it by suit or otherwise, arising out of
performance by MRCA of services rendered pursuant to this Agreement, MRCA will
defend City (at City's request and with counsel satisfactory to City) and will indemnify
City for any judgment rendered against it or any sums paid out in settlement or costs
incurred in defense otherwise.
A public entity of the State of California exercising joint powers of the Santa Monica Mountains Conservancy,the Conejo Recreation
and Park District,and the Rancho Simi Recreation and Park District pursuant to Section 6500 et seq.of the Government Code
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5. Insurance
A. General Insurance Requirements
1. All insurance shall be primary insurance and shall name City of Rancho
Palos Verdes as an additional insured. The naming of an additional insured shall
not affect any recovery to which such additional insured shall not be held liable
for any premium or expense of any nature on the policy or any extension thereof
solely because they are an additional insured thereon.
2. MRCA agrees that provisions of this paragraph as to maintenance of
insurance shall not be construed as limiting in any way the extent to which
MRCA may be held responsible for the payment of damages to persons or
property resulting from MRCA activities, the activities of its subconsultants, or the
activities of any person or persons for which MRCA is otherwise responsible.
3. A Certificate of Insurance, and an additional insured endorsement (for
general and automobile liability), evidencing the above insurance coverage with a
a company acceptable to the City's Risk Manager shall be submitted to City prior
to execution of this Agreement on behalf of the City.
4. The terms of the insurance policy or policies issued to provide the above
insurance coverage shall provide that said insurance may not be amended or
canceled by the carrier, for nonpayment of premiums otherwise, without 30 days'
prior written notice of amendment or cancellation to City. In the event the said
insurance is canceled, MRCA shall, prior to the cancellation date, submit new
evidence of insurance in the amounts heretofore established.
5. All required insurance must be in effect prior to awarding the contract, and
it or a successor policy must be in effect for the duration of the contract.
Maintenance of proper insurance coverage is a material element of the
Agreement, and the failure to maintain and renew coverage or to provide
evidence of renewal may be treated by the City as a material breach of contract.
If MRCA, at any time during the term of this Agreement, should fail to secure or
maintain any insurance required under this Agreement, City shall be permitted
to obtain such insurance in MRCA's name and shall be compensated by MRCA
for the cost of the insurance premiums.
B. General Liability and Property Damage Insurance
MRCA agrees to procure and maintain general liability and property damage insurance
at its sole expense to protect against loss from liability imposed by law for damages on
account of bodily injury, including death there from, suffered or alleged to be suffered by
any person or persons whomsoever, resulting directly from any act or activities of
MRCA, its sub consultants, or any person acting for MRCA or under its control or
direction, and also to protect against loss from liability by law for damages to any
property of any person caused directly or indirectly by or from acts or activities of
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MRCA, or its sub consultants, or any person acting for MRCA, or under its control or
direction. Such public liability and property damage insurance shall also provide for and
protect City against incurring any legal cost in defending claims for alleged loss. Such
general liability and property damage insurance shall be maintained in the following
minimum limits: A combined single-limit policy with coverage limits in the amount of
$1,000,000 per occurrence will be considered equivalent to the required minimum limits.
C. Automotive Insurance
MRCA shall procure and maintain public liability and property damage insurance
coverage for automotive equipment with coverage limits of not less than $1,000,000
combined single limit. If MRCA does not own automobiles, MRCA shall provide a
waiver releasing City from all liability resulting from MRCA's use of personal vehicles
on project.
D. Worker's Compensation Insurance
MRCA shall procure and maintain Worker's Compensation Insurance in the amount of
$1,000,000 per occurrence or as will fully comply with the laws of the State of California
and which shall indemnify, insure, and provide legal defense for both MRCA and City
against any loss, claim, or damage arising from any injuries or occupational diseases
happening to any worker employed by MRCA in the course of carrying out the
Agreement.
6. W-9 Form — Request for Taxpayer Identification Number & Certification
Pursuant to Senate Bill 542, chaptered in 1999, the Employment Development
Department (EDD) of the State of California requires that a W-9 Form be filed by all
vendors for all contracts entered into with the City of Rancho Palos Verdes that meet or
exceed $600 in value. MRCA agrees to complete all required forms necessary to
comply with EDD regulations.
7. Conflict of Interest
MRCA will comply with all conflict of interest laws and regulations including, without
limitation, City's conflict of interest regulations.
(Signatures on next page)
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IN WITNESS WHEREOF, the parties hereto have executed this contract the day and
year hereinabove written.
FOR CONTRACTOR:
By: 4000pir
FUJcLT N(OU'WON G CH ( IRN6EQ
Print Name & Title
Date: ► 2110109
FOR CITY OF RANCHOS PALOS VERDES:
Wolowicz, MAYOR
By: 4 � ,Lee,7
Date: /2- 16-09
ATTEST:
By: // #
For City Clerk
Date:
i007/0 9
APPROVED AS TO FORM:
Carol Lynch, CITY ATTORNEY
By: SI 7._a—
City Attorney
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Date:
EXHIBIT A
PROPOSAL
November 18, 2009
(Attached)