CC SR 20160719 Q - Peafowl Trapping Professional Services - Wildlife ServicesRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 07/19/2016
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to authorize a professional services agreement for
Citywide peafowl trapping services.
RECOMMENDED COUNCIL ACTION:
(1) Authorize the Mayor and City Clerk to execute a professional services agreement
with Wildlife Services, as approved as to form by the City Attorney, in an amount
not to exceed $36,025 annually ($108,075 total three year cost), for a period of
three years, for the Citywide trapping of peafowl.
FISCAL IMPACT: Funding for this professional service for this fiscal year was included
in the Council -adopted FY16-17 budget.
Amount Budgeted: $37,000
Additional Appropriation: N/A
Account Number: 101-1025-421-32-00
ORIGINATED BY: Ara Mihranian, Community Development Director�"
REVIEWED BY: Gabriella Yap, Deputy City Manager.
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Professional Service Agreement (page A-1)
B. Council -adopted Peafowl Management Plan (page B-1)
BACKGROUND AND DISCUSSION:
On February 17, 2015, the City Council entered into a one-year professional service
agreement with Wildlife Services to provide Citywide peafowl trapping services for the
2015-2016 fiscal year. Wildlife Services was one of two vendors that responded to the
City issued Request for Proposal. After careful consideration including experience,
capability and cost, Wildlife Services was the vendor that best matched the
requirements needed to successfully remove peafowl from the identified City
neighborhoods and to relocate the birds outside the City where the birds are wanted
and will thrive.
Due to the success of last year's trapping program conducted by Wildlife Services, Staff
is recommending that the City Council enter into a three-year professional service
agreement with Wildlife Services. Pursuant to the Council -adopted Peafowl
Management Plan, up to 150 birds can be trapped within a calendar year. If the Council
would like to increase this number, pursuant to the California Environmental Quality Act
1
(CEQA), additional environmental review will have to occur which will delay trapping for
2016.
In terms of cost, with the possibility of trapping and relocating up to 150 birds, staff
estimates the annual cost for this service to be $26,500 plus $6,500 for additional non -
trapping costs such as insurance, purchasing new traps, community outreach, and
annual census reports for a total cost of $32,750. Staff is also adding a 10%
contingency of $3,275 for unforeseen costs, resulting in a total annual cost of $36,025,
as itemized below. It should be noted that since the professional service agreement is
for three years, the total cost of this trapping service over a three year period will be
$108,075, which will be budgeted each fiscal year.
Service
Cost
Total
Trapping of up to 150 birds
$175 per bird
$26,250
100 hrs of non -trapping services
$65 per hour
$6,500
Cost
$32,750
Contingency (approximately 10%)
$3,275
Total annual Cost
$36,025
It should be noted that this budget amount is similar to last year and the actual cost
borne by the City for the 2015 trapping service was $34,280.
Last month, Staff began recruiting volunteers to have traps set-up on private property in
the following five neighborhoods: Vista Grande, Grandview, Crestridge, Portuguese
Bend and Sunnyside Ridge. If the professional service agreement is approved this
evening, trapping will begin later in the week. It should be noted that the City received
requests to increase the number of traps in the Vista Grande neighborhood and to
consider trapping in the Monaco and Mira Vista neighborhoods. Staff believes there are
resources available in the approved budget to expand the trapping as warranted.
CONCLUSION:
Staff recommends that the Mayor and City Clerk execute a professional services
agreement (attachment A) with Wildlife Services in an amount not to exceed $36,025
annually ($108,075 for a three years of trapping), for a period of three years, to provide
Citywide peafowl trapping services.
ALTERNATIVES:
In addition to Staff's recommendation, the following alternatives are available for the
City Council's consideration:
1. Do not execute a professional services agreement with Wildlife Services and
direct Staff to circulate a new Request for Proposals to select a different vendor;
or,
2. Identify additional services requested by the vendor and Direct Staff to include
update the professional service agreement.
2
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
WILDLIFE SERVICES
for
PEAFOWL TRAPPING AND PEAFOWL MANAGEMENT PLAN
A-1
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
WILDLIFE SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and
entered into this 19th day of July 2016 by and between the City of Rancho Palos Verdes, a
California municipal corporation ("City") and Wildlife Services ("Consultant"). City and
Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter
collectively referred to as the "Parties".
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the
performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the
services defined and described particularly in Article 1 of this Agreement, was selected by the City
to perform those services.
C. Pursuant to the City of Rancho Palos Verdes' Municipal Code, City has authority
to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of
those services defined and described particularly in Article 1 of this Agreement and desire that the
terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the
Parties and contained herein and other consideration, the value and adequacy of which are hereby
acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall
provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and
incorporated herein by this reference, which may be referred to herein as the "services" or "work"
hereunder. As a material inducement to the City entering into this Agreement, Consultant
represents and warrants that it has the qualifications, experience, and facilities necessary to
properly perform the services required under this Agreement in a thorough, competent, and
professional manner, and is experienced in performing the work and services contemplated herein.
Consultant shall at all times faithfully, competently and to the best of its ability, experience and
talent, perform all services described herein. Consultant covenants that it shall follow the highest
professional standards in performing the work and services required hereunder and that all
materials will be both of good quality as well as fit for the purpose intended. For purposes of this
Agreement, the phrase "highest professional standards" shall mean those standards of practice
recognized by one or more first-class firms performing similar work under similar circumstances.
A-2
1.2 Consultant's Proposal.
The Scope of Service shall include the Consultant's scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this
Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in
accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as
may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus
applicable penalties and interest, which may be imposed by law and arise from or are necessary for
the Consultant's performance of the services required by this Agreement, and shall indemnify,
defend and hold harmless City, its officers, employees or agents of City, against any such fees,
assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant's risk until written instructions
are received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish
continuous protection to the work, and the equipment, materials, papers, documents, plans,
studies and/or other components thereof to prevent losses or damages, and shall be responsible
for all such damages, to persons or property, until acceptance of the work by City, except such
losses or damages as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all
instruments, prepare all documents and take all actions as may be reasonably necessary to carry
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out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible
for the service of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or
make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra
work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the
written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of
the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred
eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either
separately or cumulatively, must be approved by the City Council. It is expressly understood by
Consultant that the provisions of this Section shall not apply to services specifically set forth in
the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services
to be provided pursuant to the Scope of Services may be more costly or time consuming than
Consultant anticipates and that Consultant shall not be entitled to additional compensation
therefor. City may in its sole and absolute discretion have similar work done by other contractors.
No claims for an increase in the Contract Sum or time for performance shall be valid unless the
procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein
by this reference. In the event of a conflict between the provisions of Exhibit `B" and any other
provisions of this Agreement, the provisions of Exhibit `B" shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and
incorporated herein by this reference. The total compensation, including reimbursement for actual
expenses, shall not annually exceed Thirty Two Thousand Seven Hundred Fifty Dollars ($32,750)
(the "Contract Sum") plus a 10% contingency of Three Thousand Two Hundred Seventy-five
Dollars ($3,275) for a total annual cost of Thirty Six Thousand Twenty Five Dollars ($36,025)
and a total contract cost of One Hundred Eight Thousand Seventy Five Dollars ($108,075) for
the three years of service, unless additional compensation is approved pursuant to Section 1.8.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services, less
contract retention; (iii) payment for time and materials based upon the Consultant's rates as
specified in the Schedule of Compensation, provided that (a) time estimates are provided for the
01203.0005/301477.1 -3- A-4
performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not
exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Consultant is required to attend additional meetings to facilitate such coordination, Consultant
shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and
expenses incurred during the preceding month in a form approved by City's Director of Finance.
By submitting an invoice for payment under this Agreement, Consultant is certifying compliance
with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual
expenses by the following categories: labor (by sub -category), travel, materials, equipment,
supplies, and sub -contractor contracts. Sub -contractor charges shall also be detailed by such
categories. Consultant shall not invoice City for any duplicate services performed by more than
one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Consultant to be paid within forty-five (45) days of receipt of Consultant's correct and undisputed
invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures,
the City cannot guarantee that payment will occur within this time period. In the event any
charges or expenses are disputed by City, the original invoice shall be returned by City to
Consultant for correction and resubmission. Review and payment by City for any invoice
provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein
or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be
deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
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3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in the
"Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this
reference. When requested by the Consultant, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding
one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Consultant,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather,
fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes,
wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall
within ten (10) days of the commencement of such delay notify the Contract Officer in writing of
the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and
extend the time for performing the services for the period of the enforced delay when and if in the
judgment of the Contract Officer such delay is justified. The Contract Officer's determination
shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be
entitled to recover damages against the City for any delay in the performance of this Agreement,
however caused, Consultant's sole remedy being extension of the Agreement pursuant to this
Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding one (1)
years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit
«D„
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant ("Principals") are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the
work specified herein and make all decisions in connection therewith:
Mike Maxcy Proprietor
(Name) (Title)
(Name)
(Title)
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A-6
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by
Consultant without the express written approval of City. Additionally, Consultant shall utilize
only competent personnel to perform services pursuant to this Agreement. Consultant shall make
every reasonable effort to maintain the stability and continuity of Consultant's staff and
subcontractors, if any, assigned to perform the services required under this Agreement.
Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any,
assigned to perform the services required under this Agreement, prior to and during any such
performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or
any of Consultant's officers, employees, or agents are in any manner officials, officers, employees
or agents of City. Neither Consultant, nor any of Consultant's officers, employees or agents, shall
obtain any rights to retirement, health care or any other benefits which may otherwise accrue to
City's employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Ara Mihranian or such person as may be designated by the
City Manager. It shall be the Consultant's responsibility to assure that the Contract Officer is
kept informed of the progress of the performance of the services and the Consultant shall refer
any decisions which must be made by City to the Contract Officer. Unless otherwise specified
herein, any approval of City required hereunder shall mean the approval of the Contract Officer.
The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all
documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or
means by which Consultant, its agents or employees, perform the services required herein, except
as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or
control of Consultant's employees, servants, representatives or agents, or in fixing their number,
compensation or hours of service. Consultant shall perform all services required herein as an
independent contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role. Consultant shall not at any
time or in any manner represent that it or any of its agents or employees are agents or employees
01203.0005/301477.1 -6-
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of City. City shall not in any way or for any purpose become or be deemed to be a partner of
Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with
Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,
without the prior written approval of City. Transfers restricted hereunder shall include the
transfer to any person or group of persons acting in concert of more than twenty five percent
(25%) of the present ownership and/or control of Consultant, taking all transfers into account on
a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy
proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or
any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Consultant shall procure and maintain, at its sole cost and expense, in a form and
content satisfactory to City, during the entire term of this Agreement including any extension
thereof, the following policies of insurance which shall cover all elected and appointed officers,
employees and agents of City:
(a) Commercial General Liability Insurance (Occurrence Form CG0001 or
equivalent). A policy of comprehensive general liability insurance written on a per occurrence
basis for bodily injury, personal injury and property damage. The policy of insurance shall be in
an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then
the general aggregate limit shall be twice the occurrence limit.
(b) Worker's Compensation Insurance. A policy of worker's compensation
insurance in such amount as will fully comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or
damage arising from any injuries or occupational diseases occurring to any worker employed by
or any persons retained by the Consultant in the course of carrying out the work or services
contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including "any auto" and
endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance
written on a per occurrence for bodily injury and property damage in an amount not less than
$1,000,000. Said policy shall include coverage for owned, non -owned, leased, hired cars and any
automobile.
(d) Professional Liability. Professional liability insurance appropriate to the
Consultant's profession. This coverage may be written on a "claims made" basis, and must
include coverage for contractual liability. The professional liability insurance required by this
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Agreement must be endorsed to be applicable to claims based upon, arising out of or related to
services performed under this Agreement. The insurance must be maintained for at least 5
consecutive years following the completion of Consultant's services or the termination of this
Agreement. During this additional 5 -year period, Consultant shall annually and upon request of
the City submit written evidence of this continuous coverage.
(e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated
herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit `B".
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City,
its elected and appointed officers, employees and agents as additional insureds and any insurance
maintained by City or its officers, employees or agents may apply in excess of, and not contribute
with Consultant's insurance. The insurer is deemed hereof to waive all rights of subrogation and
contribution it may have against the City, its officers, employees and agents and their respective
insurers. Moreover, the insurance policy must specify that where the primary insured does not
satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or
cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice
by certified mail return receipt requested to the City. In the event any of said policies of insurance
are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of
insurance in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Consultant has
provided the City with Certificates of Insurance, additional insured endorsement forms or
appropriate insurance binders evidencing the above insurance coverages and said Certificates of
Insurance or binders are approved by the City. City reserves the right to inspect complete,
certified copies of and endorsements to all required insurance policies at any time. Any failure to
comply with the reporting or other provisions of the policies including breaches or warranties
shall not affect coverage provided to City.
All certificates shall name the City as additional insured (providing the appropriate
endorsement) and shall conform to the following "cancellation" notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY
SHALL MAIL THIRTY (30) -DAY ADVANCE WRITTEN NOTICE TO
CERTIFICATE HOLDER NAMED HEREIN.
[to be initialed]
Consultant Initials
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City, its respective elected and appointed officers, directors, officials, employees, agents
and volunteers are to be covered as additional insureds as respects: liability arising out of
activities Consultant performs; products and completed operations of Consultant; premises
owned, occupied or used by Consultant; or any automobiles owned, leased, hired or borrowed by
Consultant. The coverage shall contain no special limitations on the scope of protection afforded
to City, and their respective elected and appointed officers, officials, employees or volunteers.
Consultant's insurance shall apply separately to each insured against whom claim is made or suit
is brought, except with respect to the limits of the insurer's liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At
the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects City or its respective elected or appointed officers, officials, employees and
volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related
investigations, claim administration, defense expenses and claims. The Consultant agrees that the
requirement to provide insurance shall not be construed as limiting in any way the extent to which
the Consultant may be held responsible for the payment of damages to any persons or property
resulting from the Consultant's activities or the activities of any person or persons for which the
Consultant is otherwise responsible nor shall it limit the Consultant's indemnification liabilities as
provided in Section 5.3.
In the event the Consultant subcontracts any portion of the work in compliance with
Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall
require the subcontractor to maintain the same policies of insurance that the Consultant is
required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be
provided to City.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will hold
and save them and each of them harmless from, any and all actions, either judicial, administrative,
arbitration or regulatory claims, damages to persons or property, losses, costs, penalties,
obligations, errors, omissions or liabilities whether actual or threatened (herein "claims or
liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein of
Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity
for which Consultant is legally liable ("indemnitors"), or arising from Consultant's or indemnitors'
reckless or willful misconduct, or arising from Consultant's or indemnitors' negligent performance
of or failure to perform any term, provision, covenant or condition of this Agreement, and in
connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of
said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys'
fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection with
the negligent performance of or failure to perform such work, operations or activities of
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Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and
employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Consultant for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorneys'
fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it
fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and
failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Consultant in the performance of professional
services hereunder. The provisions of this Section do not apply to claims or liabilities occurring
as a result of City's sole negligence or willful acts or omissions, but, to the fullest extent permitted
by law, shall apply to claims and liabilities resulting in part from City's negligence, except that
design professionals' indemnity hereunder shall be limited to claims and liabilities arising out of
the negligence, recklessness or willful misconduct of the design professional. The indemnity
obligation shall be binding on successors and assigns of Consultant and shall survive termination
of this Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies
qualified to do business in California, rated "A" or better in the most recent edition of Best Rating
Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial
category Class VII or better, unless such requirements are waived by the Risk Manager of the
City ("Risk Manager") due to unique circumstances. If this Agreement continues for more than 3
years duration, or in the event the risk manager determines that the work or services to be
performed under this Agreement creates an increased or decreased risk of loss to the City, the
Consultant agrees that the minimum limits of the insurance policies may be changed accordingly
upon receipt of written notice from the Risk Manager.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of
accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder (the "books and records"), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete and
detailed. The Contract Officer shall have full and free access to such books and records at all
times during normal business hours of City, including the right to inspect, copy, audit and make
records and transcripts from such records. Such records shall be maintained for a period of three
01203.0005/301477.1 -10- A-11
(3) years following completion of the services hereunder, and the City shall have access to such
records in the event any audit is required. In the event of dissolution of Consultant's business,
custody of the books and records may be given to City, and access shall be provided by
Consultant's successor in interest. Notwithstanding the above, the Consultant shall fully cooperate
with the City in providing access to the books and records if a public records request is made and
disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost
of work and services to be performed pursuant to this Agreement. For this reason, Consultant
agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that
may or will materially increase or decrease the cost of the work or services contemplated herein
or, if Consultant is providing design services, the cost of the project being designed, Consultant
shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the "documents and materials")
prepared by Consultant, its employees, subcontractors and agents in the performance of this
Agreement shall be the property of City and shall be delivered to City upon request of the
Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim
for further employment or additional compensation as a result of the exercise by City of its full
rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use,
reuse or assignment of such completed documents for other projects and/or use of uncompleted
documents without specific written authorization by the Consultant will be at the City's sole risk
and without liability to Consultant, and Consultant's guarantee and warranties shall not extend to
such use, reuse or assignment. Consultant may retain copies of such documents for its own use.
Consultant shall have the right to use the concepts embodied therein. All subcontractors shall
provide for assignment to City of any documents or materials prepared by them, and in the event
Consultant fails to secure such assignment, Consultant shall indemnify City for all damages
resulting therefrom. Moreover, Consultant with respect to any documents and materials that may
qualify as "works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are
hereby deemed "works made for hire" for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant
in performance of this Agreement shall be considered confidential, unless such information is in
the public domain or already known to Consultant. Consultant shall not release or disclose any
such information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
01203.0005/301477.1 -11- A-12
(b) Consultant, its officers, employees, agents or subcontractors, shall
not, without prior written authorization from the Contract Officer or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at
depositions, response to interrogatories or other information concerning the work performed
under this Agreement. Response to a subpoena or court order shall not be considered "voluntary"
provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and
fees, including attorneys fees, caused by or incurred as a result of Consultant's conduct.
(d) Consultant shall promptly notify City should Consultant, its
officers, employees, agents or subcontractors be served with any summons, complaint, subpoena,
notice of deposition, request for documents, interrogatories, request for admissions or other
discovery request, court order or subpoena from any party regarding this Agreement and the
work performed there under. City retains the right, but has no obligation, to represent Consultant
or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate
fully with City and to provide City with the opportunity to review any response to discovery
requests provided by Consultant. However, this right to review any such response does not imply
or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of Los Angeles, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in the County of Los
Angeles, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work performed
after the date of default. Instead, the City may give notice to Consultant of the default and the
reasons for the default. The notice shall include the timeframe in which Consultant may cure the
default. This timeframe is presumptively thirty (30) days, but may be extended, though not
reduced, if circumstances warrant. During the period of time that Consultant is in default, the
City shall hold all invoices and shall, when the default is cured, proceed with payment on the
invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the
outstanding invoices during the period of default. If Consultant does not cure the default, the
City may take necessary steps to terminate this Agreement under this Article. Any failure on the
part of the City to give notice of the Consultant's default shall not be deemed to result in a waiver
of the City's legal rights or any rights arising out of any provision of this Agreement.
01203.0005/301477.1 -12- A-13
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant's acts or omissions in performing or failing to perform Consultant's
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of
City to exercise such right to deduct or to withhold shall not, however, affect the obligations of
the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non -defaulting party on any default shall impair such right or remedy or be construed as a
waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of
any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any
other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon thirty (30) days' written notice to Consultant,
except that where termination is due to the fault of the Consultant, the period of notice may be
such shorter time as may be determined by the Contract Officer. In addition, the Consultant
01203.0005/301477.1 - 13- A-14
reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60)
days' written notice to City, except that where termination is due to the fault of the City, the
period of notice may be such shorter time as the Consultant may determine. Upon receipt of any
notice of termination, Consultant shall immediately cease all services hereunder except such as
may be specifically approved by the Contract Officer. Except where the Consultant has initiated
termination, the Consultant shall be entitled to compensation for all services rendered prior to the
effective date of the notice of termination and for any services authorized by the Contract Officer
thereafter in accordance with the Schedule of Compensation or such as may be approved by the
Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated
termination, the Consultant shall be entitled to compensation only for the reasonable value of the
work product actually produced hereunder. In the event of termination without cause pursuant to
this Section, the terminating party need not provide the non -terminating party with the
opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this
Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and
prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to
the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate
such damages), and City may withhold any payments to the Consultant for the purpose of set-off
or partial payment of the amounts owed the City as previously stated.
7.9 Attorneys' Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such
action or proceeding, in addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's
fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery and all other
necessary costs the court allows which are incurred in such litigation. All such fees shall be
deemed to have accrued on commencement of such action and shall be enforceable whether or not
such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non -liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Consultant or to its successor, or for breach of any obligation of the terms
of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant's performance of services under this
-14- A-15
01203.0005/301477.1
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times
avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in
the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Consultant warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry or other protected class in the performance of
this Agreement. Consultant shall take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race, color, creed,
religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected
class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions
imposed, together with any and all costs, including attorneys' fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party
desires or is required to give to the other party or any other person shall be in writing and either
served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager
and to the attention of the Contract Officer (with her/his name and City title), City of Rancho
Palos Verdes, 30940 Hawthorne Blvd., California 90275 and in the case of the Consultant, to the
person(s) at the address designated on the execution page of this Agreement. Either party may
change its address by notifying the other party of the change of address in writing. Notice shall be
deemed communicated at the time personally delivered or in seventy-two (72) hours from the time
of mailing if mailed as provided in this Section.
-15- A-16
01203.0005/301477.1
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. No amendment to or modification
of this Agreement shall be valid unless made in writing and approved by the Consultant and by the
City Council. The parties agree that this requirement for written modifications cannot be waived
and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contained in this Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall
not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invalid provision is so material that its invalidity deprives either
party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non -Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this
Agreement, nor shall any official, officer, or employee of City participate in any decision relating
to this Agreement which may affect his/her financial interest or the financial interest of any
corporation, partnership, or association in which (s)he is directly or indirectly interested, or in
violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
"financial interest" shall be consistent with State law and shall not include interests found to be
"remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Consultant
warrants and represents that it has not paid or given, and will not pay or give, to any third party
including, but not limited to, any City official, officer, or employee, any money, consideration, or
other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s),
or other conduct or collusion that would result in the payment of any money, consideration, or
other thing of value to any third party including, but not limited to, any City official, officer, or
employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is
aware of and understands that any such act(s), omission(s) or other conduct resulting in such
01203.0005/301477.1 -16- A-17
payment of money, consideration, or other thing of value will render this Agreement void and of
no force or effect.
Consultant's Authorized Initials
9.7 Corporate 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) that entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
_17_ A-18
01203.0005/301477.1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first -above written.
ATTEST:
Carla Morreale, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
David J. Aleshire, City Attorney
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
Ken Dyda, Mayor
CONSULTANT:
Wildlife Services
Michael N
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Consultant 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. CONSULTANT'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 CONSULTANT'S BUSINESS ENTITY.
01203.0005/301477.1 - is - A-19
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 , 2016 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
❑
INDIVIDUAL
❑
CORPORATE OFFICER
TITLE(S)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER
IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01203.0005/301477.1
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
A-20
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 , 2016 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
❑ INDIVIDUAL
❑ CORPORATE OFFICER
01203.0005/301477.1
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
A-21
TITLE(S)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER
IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01203.0005/301477.1
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
A-21
EXHIBIT "A"
SCOPE OF SERVICES
Pursuant to the Council -adopted Peafowl Management Plan, the consultant (Wildlife
Services) is to conduct a peafowl census and prepare a census report between the months of
January and March for the City Council's review in April to determine whether trapping
is to occur for the year (generally between July and March).
I. Consultant will perform the following Services:
A. PEAFOWL TRAPPING. Consultant shall conduct peafowl trapping in the
following five neighborhoods: Portuguese Bend, Vista Grande, Crestridge,
Sunnyside, Grandview, and other neighborhoods specifically directed by the City;
subject to the following criteria:
i. Trap up to 150 birds
ii. Perform annual trapping
iii. Relocate each bird to a City -approved location
iv. Photo document and report each trapped bird to the City within 24 hours
of its removal from the City
v. Monitor the cages used for trapping per State of California Department of
Fish and Wildlife, Fish and Game Code 4004(d)
vi. Methods used to trap and relocate peafowl must be conducted humanely
vii. When requested, Consultant shall attend and participate in City meetings
with City staff, as well as City Council meetings, which are necessary for
the development and implementation of the Peafowl Management Plan
B. ADDITIONAL WORK.
i. When requested, Consultant may be asked to perform services aside from
trapping, such as removing nests.
ii. When requested, Consultant shall attend and participate in City meetings
with City staff, as well as City Council meetings, which are necessary for
the development and implementation of the Peafowl Management Plan
II. As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City:
01203.0005/301477.1
A-22
A. When requested, at a billable per hour cost for additional services, a peafowl
annual census report.
III. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City appraised of the status of performance by delivering
the following status reports:
A. Consultant shall photo document and report each trapped bird to the City within
24 hours of its removal from the City
B. Consultant shall provide a summary report to the City 10 -days after the trapping
program has ended that outlines the total number of birds trapped per
neighborhood based on males and females.
IV. All work product is subject to review and acceptance by the City, and must be
revised by the Consultant without additional charge to the City until found
satisfactory and accepted by City.
V. Consultant will utilize the following personnel to accomplish the Services:
A. Michael Maxcy
B.
W
01203.0005/301477.1
A-23
EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
The contractor is not required to obtain Professional Liability Insurance as stated under
Article 5.1(d).
01203.0005/301477.1
A-24
EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following annual rates:
RATE TIME SUB -BUDGET
A. PEAFOWL $175/Bird NTE 150 Birds $26,250
TRAPPING
B. ADDITIONAL $65/hour 100 $6,500
WORK hours
V
II. Within the budgeted amounts for each Task, and with the approval of the Contract
Officer, funds may be shifted from one Task subbudget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 1.8.
III The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours
worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and
travel properly charged to the Services.
E. Line items for the annual premiums for Commercial General Liability Insurance and
Automotive Insurance.
IV. The total annual compensation for the Services shall not exceed $36,025 (including
the contingency) and the total cost for three years of Trapping Services shall not
exceed $108,075, as provided in Section 2.1 of this Agreement.
V. The Consultant's billing rates for all personnel are attached as Exhibit C-1.
01203.0005/301477.1
A-25
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services in accordance with the following schedule:
A. PEAFOWL TRAPPING- July 20, 2016 through December 31, 2018.
B. ADDITIONAL WORK- July 20, 2016 through December 31, 2018.
II. Consultant shall deliver the following tangible work products to the City by the
following dates.
A. Annual Summary Report 10 days after trapping has ended
B. If requested, an annual peafowl census report
C.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
01203.0005/301477.1
A-26
PEAFOWL MANAGEMENT PLAN
City of Rancho Palos Verdes
Community Development Department
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Tel: 310-544-5228
www.rpvca.gov
City Council Adopted: August 4, 2015
RANcHo PALOS VLRL)F-S
ACKNOWLEDGEMENTS
City Council
Mayor Knight
Mayor Pro -tem Brooks
Councilman Campbell
Councilman Duhovic
Councilman Misetich
City Staff
Doug Willmore, City Manager
Carolynn Petru, Deputy City Manager
Carol Lynch, City Attorney
David Snow, Assistant City Attorney
Joel Rojas, Community Development Director
Ara Mihranian, Deputy Community Development Director
Daniel Pitts, Code Enforcement Officer
Additional Recognition
Mike Maxcy, Wildlife Animal Services
Jacob Washburn, Planning Intern (Spring 2015)
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TABLE OF CONTENTS
PURPOSE..................................................................3
GOALS......................................................................3
PEAFOWL BACKGROUND...........................................4
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1. DETERRENT MEASURES AND PUBLIC EDUCATION..8
APPENDICES
PLANT LIST..........................................................13
NEIGHBORHOOD MAPS.........................................14
INITIAL STUDY/ NEGATIVE DECLARATION..............19
PLAN PURPOSE
The purpose of this Management Plan is to humanely manage the peafowl population
within the boundary limits of the City of Rancho Palos Verdes.
GOAL
The goal of this Management Plan is to reduce and maintain the peafowl population within
certain City neighborhoods to levels identified in the 2000 Peafowl Census Report and to
create an environment that supports the coexistence of peafowl within the semi—rural
character of the City. This goal will be achieved by implementing the following two
strategies:
1) Deterrent Measures & Public Education
2) Humane Trapping & Relocation of up to 150 birds in a calendar year in order to
maintain the 2000 peafowl population.
PEAFOWL MANAGEMENT PLAN
The intent of this Management Plan is to provide educational guidance for City Staff and
residents on how to deal with and manage the peafowl population in the City of Rancho
Palos Verdes. The guidelines and provisions of this Plan do not supersede federal, state
and county regulations or policies.
The City will update and modify the Plan as needed on a biennial basis based on the
frequency of resident complaints and survey data conducted periodically by professional
wildlife stewards.
PEAFOWL BACKGROUND
EARLY HISTORY
Peafowl have a long, storied history in Rancho Palos Verdes and on the Palos Verdes
Peninsula. The peacock originally comes from India, Sri Lanka, and Burma. However,
the original peacock colony on the Palos Verdes Peninsula is a result of a gift of 16 birds
from the daughter of William Wrigley, Jr. to Frank Vanderlip, Sr. from Mr. Wrigley's aviary
on Catalina Island.
These birds were maintained at the Vanderlip Estate in Portuguese Bend for years. It is
also suspected that some of the birds were introduced to Palos Verdes Estates by former
mayor Fred Roessler sometime in the period from 1960-65. There are now numerous
peacock flocks in various neighborhoods in Rancho Palos Verdes including the
Crestridge, Vista Grande, and the Portuguese Bend areas, as well as in the Lunada Bay
and Malaga Cove areas of Palos Verdes Estates.
RECENT HISTORY
Due to an increase in resident complaints about the City's peafowl population and the
impacts experienced by those who live in close proximity to peafowl flocks, such as noisy
calls, excessive animal waste and damage to private property (i.e. yards, roofs, vehicles,
etc.), in October 2000, the City Council enlisted the professional services of Dr. Francine
Bradley of U.C. Davis to study the City's peafowl population and to provide
recommendations to manage the population.
Between October 2000 and January 2001, Dr. Bradley conducted workshops to educate
the public on how to humanely trap peafowl and to increase public awareness on how to
coexist with peafowl and minimize impacts caused by the birds. Additionally, Dr. Bradley
conducted field visits to observe the City's peafowl presence, flock behavior and to
conduct a population count. A total of 134 peafowl were counted in the Crestridge (also
referred to as Ridgecrest), Portuguese Bend, and Vista Grande neighborhoods. In
response, In February 2001, the City Council approved a program to humanely trap and
relocate up to 50 peafowl in an effort to reduce the City's peafowl population in the
Crestridge (Ridgecrest), Portuguese Bend and Vista Grande neighborhoods. However,
only 19 birds were trapped and relocated due to routine sabotage to the traps by peafowl
enthusiasts.
In 2008, the City conducted another peafowl census which concluded that the overall
peafowl population grew by 53% since 2000/01 with the majority of the growth occurring
in the Vista Grande neighborhood. This was attributed to the abundance of food, prime
habitat and lack of predatory animals in the area. In response, in May 2009, the City
Council approved another trapping and relocation program, and adopted Ordinance No.
488 to prohibit the feeding of, and interference with efforts to trap and relocate, peafowl.
Due to the substantial peafowl population growth in the Vista Grande neighborhood, in
June 2009, the City Council approved the reduction of the peafowl population in this
neighborhood by approximately 60 birds. Trapping in the Vista Grande neighborhood
occurred between August 2009 and January 2010 resulting in 71 birds being trapped and
relocated to approved locations in California.
In 2014, the City began to once again experience an increase in resident complaints
regarding peafowl. The majority of the complaints were once again coming from the Vista
Grande neighborhood. In response, a census was conducted in June and October 2014
which revealed that the peafowl population had significantly increased in some City
neighborhoods since the first census in 2000. As a result, in November 2014, the City
Council directed Staff to develop a Peafowl Management Plan intended to reduce and
manage the City's peafowl population, particularly in the 5 neighborhoods where previous
census reports were conducted, since 2000.
CITY OF RANCHO PALOS VERDES PEAFOWL POPULATION CENSUS DATA TABLE
Geographical
Area
2000
2008
2011-
12
June
2014
October
2014
Average
2014
2011-12 to
2014
Comparison
2011-12 to 2014
Percentage
Comparison
Portuguese Bend
67
75
70
97
74
85
+15
+22%
Vista Grande
29
89
40
71
71
71
+31
+76%
Crestridge
38
30
27
33
50
41
+14
+52%
Sunnyside Ridge
0
11
25
38
90
64
+39
+156%
TOTAL
(4 neighborhoods)
134
205
162
239
285
261
+99
+62%
Monte Verde
n/a
n/a
3
n/a
n/a
n/a
n/a
n/a
Grandview
n/a
n/a
n/a
14
20
14
n/a
n/a
TOTAL
(6 neighborhoods)
134
205
165
253
305
276
+114
+69%
AN
GENERAL PEAFOWL INFORMATION
The Peafowl (pavo cristatus)
Males are referred to as peacocks and females are referred to as peahens, and are
collectively known as peafowl. However, the term "peacock" is commonly used to refer
to birds of both sexes There are two common peafowl species: Indian or blue peafowl
and green peafowl. Most people, including residents of Rancho Palos Verdes, are familiar
with the Indian peafowl, since that is the kind found in many zoos and parks.
Peafowl Characteristics
Peafowl are large, colorful pheasants (typically blue and green). The males are known
for their iridescent tails. These tail feathers, or coverts, spread out in a distinctive train
that is more than 60 percent of the bird's total body length and boast colorful "eye"
markings (ocelli) of blue, gold, red, and other hues. The large train is used in mating rituals
and courtship displays. It can be arched into a magnificent fan that reaches across the
bird's back and touches the ground on either side. Females are believed to choose their
mates according to the size, color, and quality of these outrageous feather trains.
When a peacock is in his second year, he grows his first train, but it has no ocelli and is
not as long as a full-grown male's. The train gets longer and more elaborate every year
after that. At about five or six years of age, it reaches its maximum splendor. The
peacocks that are the toughest—those that are able to survive long enough to have a
really impressive train—are the ones that have the most mates and offspring. The coveted
blue-eyed feathers of the train are dropped once a year; new feathers immediately begin
growing and are completed a few months later.
Peahens seem to prefer males with the longest trains and biggest displays. In fact, the
peacock's female -attraction power is directly related to the perfection of his spectacular
train, including its overall length, the number of iridescent "eyes" that are present, and
even the symmetry of their patterning.
Normally, when a peacock is just walking around, his train trails behind him but held just
above the ground. But when he wants to show off for a peahen, he props up the train with
his shorter, stiffer tail feathers and unfolds it like a fan into a semicircle 6 to 7 feet (1.8 to
2.1 meters) wide! If the peahen seems interested, he quivers, making his feathers shimmy
and flash to entice her further.
Peafowl Daily Routine
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Peafowl follow a certain routine every day. They roost overnight in large groups in tall,
open trees. That way they are safe from predators during the night, and the males can
travel through the branches. In the morning, they break up into small groups. In the
nonbreeding season, these are usually groups of all peacocks or all peahens; but during
the breeding season, there are groups of one peacock and several peahens or all
bachelors. These groups forage on the ground for food. During midday, peafowl drink,
preen their feathers, rest in the shade, or take dust baths. Once it cools down, they go
back to foraging for food before taking one last drink and returning to their roost for the
night.
Where do Peafowl Live
Peacocks are very unique animals. They can live anywhere there is shelter and
food/water. Extreme environments with very high temperatures are not ideal for the birds.
What do Peafowl Eat
Peacocks are ground feeders. They hunt for small animals, like spiders, reptiles (snakes)
and amphibians in tall grasses, and minnows in shallow streams. They also eat plant
parts, such as flower petals, seeds, berries, figs, leaves, and seeds.
As Loud as a Peacock
Peafowl have 11 different calls, but the peacocks are the ones that really yell. They have
a call that carries for a long distance and sounds like "may -AWE, may -AWE." Some say
the call sounds like a human crying for help! Peacocks call in the early morning and late
evening, and practically all day during the breeding season. Because peacocks make so
much noise in the early morning or late evening, some consider them a real nuisance!
Other animals don't mind, though. With their sharp eyes, peafowl are likely to be the first
to see a predator and call out a loud alarm.
Breeding & Nesting Season
Generally, nesting/hatching season takes place between April and May. During this
period, a peahen makes a scrape in the ground and lines it with sticks, where she lays
three to eight light green or tan eggs. She sits on them almost constantly for about four
weeks. The peachicks are able to walk and forage on their own right after they hatch, but
they are very vulnerable. It takes two weeks before they can flap up into a tree for safety,
where they crowd on both sides of their mother and are covered by her wings. At four
weeks, the young grow crests, and at two months they look just like their mother (both
males and females) but are only half her size. It is not until their second year that the
males achieve their mature coloring. Only half of the chicks that hatch, survive to join the
rest of the group. The typical lifespan of peafowl is 15 years.
MANAGEMENT STRATEGIES
The discussion on the following two management strategies is intended to be used by
the City and its residents to humanely manage the peafowl population in the City of
Rancho Palos Verdes:
1. Deterrent Measures & Public Education
2. Humane Trapping & Relocation of up to 150 birds in a calendar year in order to
maintain the 2000 peafowl population.
1. Deterrent Measures and Public Education
Deterrent Measures
Based on information gleaned from various resources, the City has been advised that in
situations where residents are adversely impacted by peafowl, the implementation of one
or the combination of the following deterrent measures may help discourage peafowl from
returning. The success of the listed deterrent measures is dependent on residents
working together and consistency.
Peafowl do not like water.
Water is one of the best known deterrents for peafowl. During non -drought conditions, the
intermittent use of sprinklers or a hose with a jet nozzle will act as a negative
reinforcement for the birds. Or consider a motion sensor activated water spray, such as
the Scarecrow, that is battery operated and covers an area of about 35 feet and can be
connected to your garden hose. It's available on-line or at home improvement and garden
stores.
Peafowl are afraid of dogs.
Walk your dog around the property and neighborhood. Additionally, keeping your dog in
the backyard will also serve as a deterrent.
Peafowl will avoid certain repellents.
Cat repellent and mothballs around planting beds, porches, and along walkways may be
an effective means of repelling peafowl. Caution should be used so as not to allow young
children or animals to ingest the repellents.
Trim or Remove Large Trees
Since peafowl prefer to roost in large overhanging trees, trimming or removing said trees
will help deter peafowl. The Canary Island Pine is a favorite resting spot for peafowl
because of its sturdy horizontal limbs and ample cover. Albeit a short-term, balloons in
trees can deter peafowl from roosting in trees.
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Be cautious when composting.
Avoid open compost and manure sacks as they tend to attract peafowl because they love
to take dirt baths. If you wish to compost, use a covered compost bin and keep the
composting area clean.
Peafowl like to eat wild birdseed, bread and pet food.
These are delectable treats to peafowl. Once they're hooked, it's difficult to wean them.
It's a good idea to remove any leftover pet food immediately, feed pets indoors, or
cover/enclose animal food bowls.
Peafowl like to eat seeds and plants
Avoid planting young tender seedlings in areas you do not want peafowl to visit or cover
the plants until they are well established. Additionally, certain plants are favored by
peafowl while other plants are disliked. See Appendix A for a list of plants peafowl like
and dislike, and follow the suggested list when landscaping. Peafowl like to take daily
dust baths irrespective of the type of plants found in a garden and this can be destructive.
It is suggested that gardens be covered with gravel or rocks to prevent peafowl from
digging plants up to create loose soil for bathing purposes.
Prohibition of Feeding Peafowl
The availability of food will cause peafowl to return. Thus, the City's Municipal Code
prohibits the feeding of peafowl. Specifically, Section 6.04.020 of the Rancho Palos
Verdes Municipal Code (RPVMC) enacts by reference Los Angeles County Code Section
10.84.010 which states the following:
Providing food for certain animals. Except as otherwise provided for in Section
10.84.020 of Los Angeles County Code, no person shall feed or in any manner
provide food to any peafowl, crow, pigeon, seagull, non -domesticated rodent,
including tree squirrels or ground squirrels, or to a non -domesticated mammalian
predator, including coyotes, foxes, opossums, skunks and raccoons.
It is an infraction if any resident is caught feeding peafowl in violation of this ordinance
which could result in penalty fines for each violation.
Public Education
Over the years, the City has received numerous complaints from residents expressing
frustration with the destruction peacocks cause to their property, such as damaging roofs,
plants, walkways, and vehicles. Nuisance complaints revolve around noise, fecal
material, and emotional angst caused by peacocks. Thus, in an attempt to assist
residents to minimize impacts caused by the peacocks, listed above are a number of
deterrent measures to discourage peafowl from visiting private property. Because the
effectiveness of these deterrent measures relies on cooperation among neighbors, a
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public education campaign will occur on an as -needed basis using the following methods
to disseminate information to the public:
Website Updates (see Community Development Department Homepage under
Code Enforcement)
List -serve messages to the Peafowl notification subscribers
Articles with helpful tips in the City's quarterly newsletter
Speaking at:
o Council of Homeowner's Association (CHOA) meetings
o Homeowner's Association Meetings
Public Service Announcement on Channel 33
Communicating and sharing information with neighboring cities
Preparing and distributing educational leaflets
2. Trapping and Relocation
In an effort to humanely maintain the peafowl population to the levels reported in the 2000
census, this section of the Management Plan describes a citywide trapping and relocation
program. The program proposes the trapping and relocating of up to 150 birds per year
in order to maintain the 2000 peafowl population level. The trapping and relocation
program consists of the following 5 stages which are described below:
Peafowl Census
Selection of Trapping Vendor
Seasonal Trapping
Trapping Protocol
Relocation
Stage 1: Peafowl Census
Every year, the City will conduct a census survey to assess the peafowl population trends
based on past census reports. The census will occur in February and/or March in the
Portuguese Bend, Crestridge, Sunnyside Ridge, Grandview and Vista Grande
neighborhoods along with other neighborhoods where significant peafowl complaints or
sightings have been documented since the previous census. Neighborhoods may be
added, deleted or modified for future census years based on previous census results or
the success of previous trapping efforts. The census will be used to determine whether
to proceed with any trapping in the subject calendar year. If trapping is deemed
necessary, the census will dictate the number of birds (up to 150 in a calendar year) to
be trapped.
Stage 2: Selection of Trapping Vendor
Based on the outcome of the census report, if the City determines trapping is necessary
to control the peafowl population, if a service agreement is not in effect, the City will go
through the Request for Proposal (RFP) process to select an outside vendor. In
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B-11
considering a vendor, the City will factor experience, capability and cost. The City Council
will enter into a Service Agreement with the selected vendor.
Stage 3: Seasonal Trapping
Generally, the nesting/hatching season takes place during April and May when chicks
flock with their peahen before being able to function on their own. This is not considered
a humane time period to conduct trapping of peahen. Therefore, seasonal trapping of
peahens (female) will take place July 15th through December 31St. Since peacocks
(males) can be trapped all year long, if deemed necessary by the City, the trapping of
peacock (males) may occur outside the July 15th and December 31St trapping window.
Stage 4: Trapping Protocol
The neighborhoods selected for trapping will be determined by the City based on peafowl
population trends memorialized in the biennial census reports, as well public input (See
Appendix B for neighborhood boundary maps identified for trapping). The humane
trapping of peafowl will occur as follows:
Traps will be made from chicken wire, or other similar material deemed acceptable
by the City.
Traps will generally be approximately 8'(L) x 6'(H) in size intended to hold
approximately 6-8 birds at a time.
Traps will be placed on City property or private property based on agreements
between the City and the property owner. Private property will be selected by the
City based on input from the trapper.
Traps will be serviced on a regular basis, but no less than once a week by the
City's trapping vendor.
Traps will be maintained and monitored in accordance to the State of California
Department of Fish and Game and the U.S. Department of Wildlife and Fish
standards.
Traps occupied by peafowl will be serviced within 24 hours. The property owner
where the traps are placed will be required to notify the City and the trapping
vendor within 24 hours of the trap being occupied by peafowl.
The trapping vendor will also be able to gather peafowl using large, soft hand-held
"fishing" style nets as this method is considered a very effective and quick way to
quickly and humanely remove the young and fearless birds from the trapping
regions.
The trapping vendor will be required to provide the City with dated photo
documentation of each bird trapped, as well as information as to its relocation
destination.
Stage 5: Relocation
Once peafowl are trapped by the vendor or removed from a trap by the vendor they
become the property of the trapping vendor. Trapped peafowl will be relocated off the
Palos Verdes Peninsula to homes that have been screened by the trapping vendor and
reviewed by the City to ensure the individuals adopting the peafowl have some avian
experience and have adequate space for peafowl to roam freely. The location and contact
Page 11
B-12
information (name and phone number) of the individual(s) accepting the trapped peafowl
will remain confidential to protect their privacy. Under no circumstances will the trapped
peafowl be euthanized or treated inhumanely.
Sabotaging Peafowl Cages
Pursuant to Section 6.04.070 of the RPVMC, no person shall prevent or interfere with the
trapping or relocation of peafowl, either on public or private property, by releasing any
captured peafowl or by damaging, disabling or disengaging any peafowl trap or enclosure.
If an individual is caught interfering with peafowl trapping, they will be subject to an
infraction which will result in penalty fees for each violation.
B-13
Appendix A — Plant List
The following is a list of plants that peafowl like and dislike. It is suggested as an added
deterrent measures that the following plants be considered when landscaping. It should
be noted that peafowl take daily dust baths irrespective of the type of plants found in a
garden and this can be destructive. It is not uncommon for residents to think peafowl are
eating plants when in fact they are digging plants up to create loose soil for bathing
purposes.
Peafowl dislike these slants:
Agapanthus
Azalea
Baby's Breath
Bee Balm
Bird of Paradise
Blazing Star Liatris
Bouganvillea
Butterfly Plant
Cactus
Camellia
Cannas
Clivia
Columbine
Coneflower
Ferns
Fuchsia
Gaillardia
Gardenia
Geranium
Giant Columbine
Gladiola
Gloriosa Daisy
Hen & Chicken
Hibiscus
Hardy Lavender
Hostas
Iris
Ivy
Lantana
Lavender
Marigold
Mint
Mum
Oleander
Painted Daisy
Periwinkle
Peonies
Phlox
Pink Lady
Plumbago
Poinsettia
Pyracantha
Rhododendron
Rose
Shasta Daisy
Snap Dragon
Sunburst Coreopsis
Weigela
Peafowl like these plants:
Amaryllis
Begonia
Broccoli
Brussel Sprout
Cabbage
California Poppy
Cauliflower
Chive
Holly Berries
Impatiens
Kale
Kohlrabi
Lettuce
Nasturtium
Pansy
Petunia
Primrose
Stock
Stock Cauliflower
Sweet Alyssum
Tomato
Water Stock
Young Spinach and
Any young plants
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PEAFOWL MANAGEMENT PLAN Page 18
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