CC SR 20170307 F - Conservation Corps of LA and Long BeachRANCHO PALOS VERDES CITY COUNCIL
AGENDA REPORT
AGENDA DESCRIPTION:
MEETING DATE: 03/07/2017
AGENDA HEADING: Consent Calendar
Consideration and possible action to execute an on-call agreement provided by two at -
risk youth organizations (the Los Angeles Conservation Corp. and the Conservation
Corps of Long Beach) for maintenance work in city parks and open spaces.
RECOMMENDED COUNCIL ACTION:
(1) Authorize the Mayor and City Clerk to execute the attached on-call maintenance
agreement between the City of Rancho Palos Verdes and Los Angeles
Conservation Corp (LACC) for contracted At -Risk Youth for on-call maintenance
projects.
(2) Authorize the Mayor and City Clerk to execute the attached on-call maintenance
agreement between the City of Rancho Palos Verdes and Conservation Corps of
Long Beach (CCLB) for contracted At -Risk Youth for on-call maintenance
projects.
FISCAL IMPACT: The total proposed cost for FY16-17 is $75,000. Each agreement
will be for a not -to -exceed amount of $75,000 based on time and materials; however,
the work will be divided and the sum of the two projects will not exceed $75,000 in total
for the fiscal year. The work is included in the FY16-17 budget.
Amount Budgeted: $75,000 for FY16-17; total amount up to
$450,000 for proposed 4 -year contracts plus 2
1 -year options are budgeted in future
appropriations
Additional Appropriation: None requested
Account Number(s): 101-3009-431-43-00
ORIGINATED BY: Lauren Ramezani, Senior Administrative Analvst
REVIEWED BY: Michael Throne, PE, Director of Public Works
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Agreements for LACC and CCLB (page A-1)
B. Proposals from LACC and CCLB (page B-1)
C. Request for Proposals (page C-1)
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BACKGROUND AND DISCUSSION:
On January 26, 2017, the City sent Requests for Proposals (RFP) to three organizations
offering qualified At -Risk Youth (ARY) contract services for an on-call basis for grant
funded and non -grant funded maintenance related projects for the City's open space
and other city properties. Proposals were due on February 17, 2017. Two
organizations, the Los Angeles Conservation Corps (LACC) and the Conservation
Corps of Long Beach (CCLB) responded. Staff evaluated the quality of service
provided by the proposals and found both organizations to be equally responsive
and qualified.
The LACC is the largest non-profit Conservation Corps in the nation, serving
approximately 17,000 young people each year. The LACC has performed as -
needed maintenance work for several City and Palos Verdes Peninsula Land
Conservancy (PVPLC) projects including brush clearing, debris removal, and fuel
modification. The CCLB has worked with underserved communities in Long Beach
and the South Bay for close to three decades. PVPLC has utilized their services
successfully and has found their geographic proximity to the area an advantage
resulting in faster response time and easier project scheduling. Staff finds having
two vendors working concurrently on fuel modifications beneficial. Additionally it is
helpful to have a backup vendor in case one organization has scheduling conflicts.
Staff plans to divide the work between the two vendors and the work combined will
not exceed the total budget of $75,000.
The City started utilizing an ARY organization over a decade ago as part of its At -
Risk Youth employment obligation for various LA County Proposition A (AKA
Measure A) funded projects. The City has met that obligation; however, Staff
recommends continuing utilization of ARY service organizations for on-call
maintenance because they offer competitive rates, support needy youth and provide
valuable training programs. The ARY not only work, but are also required to attend
classes in order to obtain a GED or equivalent. Their training and experience helps
the youth become more employable and gain valuable trade skills, receive support
services, and provide benefit to the community. The youth wear uniforms, are well-
groomed, and are supervised at all times.
The scope of work includes but is not limited to: Fuel modification, trail construction,
trail maintenance, trail re-routing, trail re -construction, weed abatement, site cleanup
(i.e. inside and around swales), debris removal (i.e. weeds, rocks, dirt), fence repairs,
and/or sign installation and maintenance.
Staff recommends approving the two agreements and authorizing the Mayor and City
Clerk to execute each agreement for four fiscal years each, effective March 8, 2017,
through June 30, 2020, plus two one-year extension options based on mutual consent.
The amount requested for each year and extension option will be $75,000, divided
between the two vendors. The contracts will be on a time -and -materials basis.
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ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council's consideration:
1. Do not sign the agreements.
2. Award a contract to either LACC or CCLB for the entire budgeted amount.
3. Take other action, as deemed appropriate by the City Council.
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CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
Los Angeles Conservation Corps
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AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
Los Angeles Conservation Corps
THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and entered
into this day of , 2017 by and between the City of Rancho Palos Verdes, a
California municipal corporation ("City") and Los Angeles Conservation Corps
("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.
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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 out the purposes
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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 exceed Seventy Five Thousand dollars ($75,000) (the "Contract Sum"), 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
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.
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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.
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
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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:
Bo Savage Deputy Director
(Name) (Title)
Wendy Butts Chief Executive Officer
Name) (Title)
(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
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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 Sean Larvenz 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
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 Assi nom.
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
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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 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
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 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 parry 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.
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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 (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
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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 Confidentialitv 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.
(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.
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(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.
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
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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
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
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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.
7.10 Liquidated Damages
Since the determination of actual damages for any delay in performance of this Agreement
would be extremely difficult or impractical to determine in the event of a breach of this Agreement,
the Contractor and its sureties shall be liable for and shall pay to the City the sum of
($) as liquidated damages for each working day of delay in the
performance of any service required hereunder, as specified in the Schedule of Performance
(Exhibit "D"). The City may withhold from any monies payable on account of services performed
by the Contractor any accrued liquidated damages.
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
Agreement. Consultant further covenants that in the performance of this Agreement, no person
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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.
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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
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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]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first -above written.
ATTEST:
, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
David J. Aleshire, City Attorney
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
Brian Campbell, Mayor
CONSULTANT:
IIn
RMIN
Name: Bo Savage
Title: Deputy Director
Name: Wendy Butts
Title: Chief Executive Officer
Address:
605 W. Olympic Blvd, Ste. 450
Los Angeles, CA 90015
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.
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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 , 2017 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.
1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
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TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
NUMBER OF PAGES
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
SIGNER(S) OTHER THAN NAMED ABOVE
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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 , 2017 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))
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
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EXHIBIT "A"
SCOPE OF SERVICES
I. Consultant will provide on-call maintenance services, as more fully detailed in Exhibit
C-1. Unless specifically defined, each category or type of work listed in Exhibit C-1
shall be construed broadly to include all services customarily described under such
category or type.
II. Work Request Procedure
A. Each task shall be indicated by a written request produced by the Contract Officer
with a description of the work to be performed, and the time desired for completion.
All tasks shall be carried out in conformity with all provisions of this Agreement.
B. Following receipt of a written request, the Consultant shall prepare a "Task
Proposal" that includes the following components:
(1) a written description of the requested tasks including all components and
subtasks;
(2) the costs to perform the task ("Task Budget');
(3) an explanation of how the cost was determined; and
(4) a schedule for completion of the task ("Task Completion Date").
C. Contract Officer shall approve, modify, or reject the Task Proposal in writing, and
issue a Notice to Proceed.
D. The task shall be performed at a cost not exceeding the Task Budget.
E. Consultant shall complete the task and deliver all deliverables to Contract Officer
by the Task Completion Date.
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 provide to City a weekly written summary of progress on all Work
Requests for services lasting longer than one week.
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.
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V. Consultant will utilize the following personnel to accomplish the Services:
A. The personnel will vary depending on the job and availability of the Youth and
supervisors.
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EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. The first paragraph of Section 2.4, Invoices, is hereby amended to read as follows
(new text is identified in underline):
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
and/or Director of Public Works. 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.
II. Section 7.10, Liquidated Damages, is hereby replaced with the following:
Since the determination of actual damages for any delay in performance of this Agreement
would be extremely difficult or impractical to determine in the event of a breach of this Agreement,
the Consultant and its sureties shall be liable for and shall pay to the City the sums set forth below
as liquidated damages for each working day of delay in the performance of any service required
hereunder. The City may withhold from any monies payable on account of services performed by
the Contractor any accrued liquidated damages.
A. The following are examples of violations that would be cause for liquidated damages:
1. Failing to respond to complaints within 24 hours.
2. Any failure or refusal by Consultant to perform in accordance with the
terms of this contract.
B. When the Contract Officer determines that a violation of any nature described in
subsection A herein has occurred, the Consultant will be notified in writing, via email
or facsimile, by the City of the observed violation. Consultant shall respond within
twenty-four (24) hours with a written plan stating how compliance will be obtained.
When the Contract Officer determines that a second violation of a similar nature has
occurred within a 180 calendar day period of the first violation, a written complaint
shall be filed with the Consultant by the City along with an assessment of liquidated
damages in the amount of $100 for each working day of delay in the performance of
any service required hereunder.
When the Contract Officer determines that a third violation of a similar nature has
occurred within a 180 calendar day period of the first violation, a written complaint
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shall be filed with the Consultant by the City along with an assessment of liquidated
damages in the amount of $250 for each working day of delay in the performance of
any service required hereunder.
When the Contract Officer determines that a fourth violation of a similar nature has
occurred within a 180 calendar day period of the first violation, a written complaint
shall be filed with the Consultant by the City along with an assessment of liquidated
damages in the amount of $500 for each working day of delay in the performance of
any service required hereunder.
If repeated violations continue, the City may provide notice of termination in
accordance with Section 7.8 — Termination for Default of Consultant.
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EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Consultant shall perform the on-call services at the rates listed in Exhibit C-1.
Estimated quantities listed in Exhibit C-1, if any, are for the purpose of estimation
only. Actual quantities and compensation will depend on the needs of the City.
H. 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 shall be accompanied by all Task Proposal's for which
Consultant is requesting compensation. 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. Submit completed Exhibit F-4, Report on Employment of Youth with each monthly
invoice.
E. Line items for all approved subconsultant labor, supplies, equipment, materials, and
travel properly charged to the Services.
IV. The total compensation for the Services shall not exceed Seventy Five Thousand
Dollars ($75,000) as provided in Section 2.1 of this Agreement. The total Task Budget
for any work request shall not exceed Seventy Five Thousand Dollars ($75,000).
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EXHIBIT "C-1"
RATES
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f 0 a
Administrative Office
LA CONSERVATION CORPS 6o5 W. Olympic Blvd. Ste. 45o, Los Angeles, CA gooi5
Tnighnning Youth, Enhancing Communities.
City of Rancho Palos Verdes
Request for Proposal
FY16/17 to FY19/20
Contracted At -Risk Youth for On -Call Maintenance Projects
Cost Proposal / Hourly Rates
The attached Fee Schedule includes a list of service types and associated costs. To summarize, for
most general service tasks, including weed removal, trail work, fire fuel reduction, brush clearance,
general landscape maintenance, and light demolition, the Corps' current labor rate is $30 per
corpsmember labor hour. The $30 per labor hour rate includes all necessary insurance, crew
supervision, project coordination, crew transportation, hand tools, and potentially other similar
costs. The $30 per labor hour rate does not include costs for project -specific materials or
equipment. The attached fee schedule is effective from 1/1/17 through 3/31/18.
The LA Corps is proposing to provide at -risk youth Corpsmembers and crews for on-call
maintenance projects to the City of Rancho Palos Verdes, at the cost of $30 per Corpsmember labor
hour, for a total proposed maximum cost (not -to -exceed) of $75,000 each fiscal year.
P.O. Box 15868, Los ANGELES, CA 90015-0868 0 213-362-9000 • FAX 213-362-7950 0 HTTP://LacORPs.ORG • @ LP�CM
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EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Unless earlier terminated in accordance with Article 7 of this Agreement, the term of
this Agreement shall be , 2017, to June 30, 2020. The term of this
Agreement may be extended up to two years, by exercising up to two one-year options,
based on Consultant's performance and mutual consent.
II. Consultant shall complete each Task no later than the Task Completion Date set in
the Task Proposal.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
IV. Section 7.10 titled "Liquidated Damages" is amended in full to read as follows:
Complaints can be generated by third parties or directly by City inspection. The Contract
Officer may issue an oral warning, or if warnings are not effective, the Contractor Officer may
issue a Corrective Action Request (CAR) to the Contractor. In addition to issuing the CAR, the
Contract Officer may assess liquidated damages against Contractor. CARS shall be classified in the
following categories:
(a) Level I: A minor non -systemic non-compliance w it h the Agreement.
Level I CARS can typically be corrected on the spot or within 24 hours. Failure o f the Contractor
to resolve Level I CARS within 24 hours of notification, unless otherwise specified by the Contract
Officer, may result in an escalation to Level II status.
(b) Level II: A serious systemic non-compliance with the Agreement or a repeated non-
compliance with the Agreement. Level II CARS shall result in liquidated damages in the amount
of $125 per day the Contractor does not comply with the Agreement. Failure of the Contractor
to resolve Level II CARS within two (2) days of notification, or such period as the Contract
Officer shall prescribe, may result in an escalation to Level III status.
(c) Level III: A major systemic non-compliance with the Agreement or a
repeated non-compliance which has previously been identified as a Level II CAR. Level III
CARS shall result in liquidated damages in the amount of $250 per day the Contractor does
not comply with the Agreement. Failure of the Contractor to resolve Level III CARS within two
(2) days of notification, or such period as the Contract Officer shall prescribe, shall result in
an escalation to Cure Notice status.
(d) Cure Notice: An egregious systemic non-compliance with the Agreement
or a repeated non-compliance which has previously been identified as a Level III CAR. Cure
Notices shall result in liquidated damages in the amount of $500 per day the Contractor does
not comply with the Agreement. Cure Notices require the complete and immediate attention of
the Contractor. Failure of the Contractor to resolve the Cure Notice within fifteen (15) days of
notification, or such period as the Contract Officer shall prescribe, may result in suspension
or termination of the contract.
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(e) Nothing herein shall be construed as limiting City's right to terminate the Agreement for
default by Contractor or otherwise limit the City's enforcement rights or remedies the
Agreement. Furthermore, nothing herein shall be construed as requiring City to impose
liquidated damages prior to terminating or taking other action.
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CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
Conservation Corps of Long Beach
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AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
Conservation Corps of Long Beach
THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and entered
into this day of , 2017 by and between the City of Rancho Palos Verdes, a
California municipal corporation ("City") and Conservation Corps of Long Beach
("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.
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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 out the purposes
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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 exceed Seventy Five Thousand dollars ($75,000) (the "Contract Sum"), 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
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.
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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.
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
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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:
Dan Knapp Chief Executive Officer
(Name) (Title)
(Name) (Title)
(Name)
(Title)
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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 Sean Larvenz 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
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 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
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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
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 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
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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 (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
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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 Confidentialitv 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.
(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
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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.
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
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
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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.
7.10 Liquidated Damages
Since the determination of actual damages for any delay in performance of this Agreement
would be extremely difficult or impractical to determine in the event of a breach of this Agreement,
the Contractor and its sureties shall be liable for and shall pay to the City the sum of
($) as liquidated damages for each working day of delay in the
performance of any service required hereunder, as specified in the Schedule of Performance
(Exhibit "D"). The City may withhold from any monies payable on account of services performed
by the Contractor any accrued liquidated damages.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liabili . 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
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
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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.
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
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 parry, (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]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first -above written.
ATTEST:
, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
David J. Aleshire, City Attorney
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
Brian Campbell, Mayor
CONSULTANT:
IIn
Name: Dan Knapp
Title: Chief Executive Officer
By:
Name:
Title:
Address:
Conservation Corps of Long Beach
340 Nieto Avenue
Long Beach, CA 90814
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.
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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 , 2017 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))
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
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 , 2017 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))
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
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EXHIBIT "A"
SCOPE OF SERVICES
I. Consultant will provide on-call maintenance services, as more fully detailed in Exhibit
C-1. Unless specifically defined, each category or type of work listed in Exhibit C-1
shall be construed broadly to include all services customarily described under such
category or type.
II. Work Request Procedure
A. Each task shall be indicated by a written request produced by the Contract Officer
with a description of the work to be performed, and the time desired for completion.
All tasks shall be carried out in conformity with all provisions of this Agreement.
B. Following receipt of a written request, the Consultant shall prepare a "Task
Proposal" that includes the following components:
(1) a written description of the requested tasks including all components and
subtasks;
(2) the costs to perform the task ("Task Budget");
(3) an explanation of how the cost was determined; and
(4) a schedule for completion of the task ("Task Completion Date").
C. Contract Officer shall approve, modify, or reject the Task Proposal in writing, and
issue a Notice to Proceed.
D. The task shall be performed at a cost not exceeding the Task Budget.
E. Consultant shall complete the task and deliver all deliverables to Contract Officer
by the Task Completion Date.
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 provide to City a weekly written summary of progress on all Work
Requests for services lasting longer than one week.
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.
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V. Consultant will utilize the following personnel to accomplish the Services:
A. The personnel will vary depending on the job and availability of the Youth and
supervisors.
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EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. The first paragraph of Section 2.4, Invoices, is hereby amended to read as follows
(new text is identified in underline):
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
and/or Director of Public Works. 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.
II. Section 7.10, Liquidated Damages, is hereby replaced with the following:
Since the determination of actual damages for any delay in performance of this Agreement
would be extremely difficult or impractical to determine in the event of a breach of this Agreement,
the Consultant and its sureties shall be liable for and shall pay to the City the sums set forth below
as liquidated damages for each working day of delay in the performance of any service required
hereunder. The City may withhold from any monies payable on account of services performed by
the Contractor any accrued liquidated damages.
A. The following are examples of violations that would be cause for liquidated damages:
1. Failing to respond to complaints within 24 hours.
2. Any failure or refusal by Consultant to perform in accordance with the
terms of this contract.
B. When the Contract Officer determines that a violation of any nature described in
subsection A herein has occurred, the Consultant will be notified in writing, via email
or facsimile, by the City of the observed violation. Consultant shall respond within
twenty-four (24) hours with a written plan stating how compliance will be obtained.
When the Contract Officer determines that a second violation of a similar nature has
occurred within a 180 calendar day period of the first violation, a written complaint
shall be filed with the Consultant by the City along with an assessment of liquidated
damages in the amount of $100 for each working day of delay in the performance of
any service required hereunder.
When the Contract Officer determines that a third violation of a similar nature has
occurred within a 180 calendar day period of the first violation, a written complaint
A-55
shall be filed with the Consultant by the City along with an assessment of liquidated
damages in the amount of $250 for each working day of delay in the performance of
any service required hereunder.
When the Contract Officer determines that a fourth violation of a similar nature has
occurred within a 180 calendar day period of the first violation, a written complaint
shall be filed with the Consultant by the City along with an assessment of liquidated
damages in the amount of $500 for each working day of delay in the performance of
any service required hereunder.
If repeated violations continue, the City may provide notice of termination in
accordance with Section 7.8 — Termination for Default of Consultant.
A-56
EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Consultant shall perform the on-call services at the rates listed in Exhibit C-1.
Estimated quantities listed in Exhibit C-1, if any, are for the purpose of estimation
only. Actual quantities and compensation will depend on the needs of the City.
H. 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 shall be accompanied by all Task Proposal's for which
Consultant is requesting compensation. 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. Submit completed Exhibit F-4, Report on Employment of Youth with each monthly
invoice.
E. Line items for all approved subconsultant labor, supplies, equipment, materials, and
travel properly charged to the Services.
IV. The total compensation for the Services shall not exceed Seventy Five Thousand
Dollars ($75,000) as provided in Section 2.1 of this Agreement. The total Task Budget
for any work request shall not exceed Seventy Five Thousand Dollars ($75,000).
A-57
EXHIBIT "C-1"
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A-59
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Unless earlier terminated in accordance with Article 7 of this Agreement, the term of
this Agreement shall be , 2017, to June 30, 2020. The term of this
Agreement may be extended up to two years, by exercising up to two one-year options,
based on Consultant's performance and mutual consent.
II. Consultant shall complete each Task no later than the Task Completion Date set in
the Task Proposal.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
IV. Section 7.10 titled "Liquidated Damages" is amended in full to read as follows:
Complaints can be generated by third parties or directly by City inspection. The Contract
Officer may issue an oral warning, or if warnings are not effective, the Contractor Officer may
issue a Corrective Action Request (CAR) to the Contractor. In addition to issuing the CAR, the
Contract Officer may assess liquidated damages against Contractor. CARS shall be classified in the
following categories:
(a) Level I: A minor non -systemic non-compliance w it h the Agreement.
Level I CARS can typically be corrected on the spot or within 24 hours. Failure o f the Contractor
to resolve Level I CARS within 24 hours of notification, unless otherwise specified by the Contract
Officer, may result in an escalation to Level II status.
(b) Level II: A serious systemic non-compliance with the Agreement or a repeated non-
compliance with the Agreement. Level II CARS shall result in liquidated damages in the amount
of $125 per day the Contractor does not comply with the Agreement. Failure of the Contractor
to resolve Level II CARS within two (2) days of notification, or such period as the Contract
Officer shall prescribe, may result in an escalation to Level III status.
(c) Level III: A major systemic non-compliance with the Agreement or a
repeated non-compliance which has previously been identified as a Level II CAR. Level III
CARS shall result in liquidated damages in the amount of $250 per day the Contractor does
not comply with the Agreement. Failure of the Contractor to resolve Level III CARS within two
(2) days of notification, or such period as the Contract Officer shall prescribe, shall result in
an escalation to Cure Notice status.
(d) Cure Notice: An egregious systemic non-compliance with the Agreement
or a repeated non-compliance which has previously been identified as a Level III CAR. Cure
Notices shall result in liquidated damages in the amount of $500 per day the Contractor does
not comply with the Agreement. Cure Notices require the complete and immediate attention of
the Contractor. Failure of the Contractor to resolve the Cure Notice within fifteen (15) days of
notification, or such period as the Contract Officer shall prescribe, may result in suspension
or termination of the contract.
(e) Nothing herein shall be construed as limiting City's right to terminate the Agreement for
default by Contractor or otherwise limit the City's enforcement rights or remedies the
Agreement. Furthermore, nothing herein shall be construed as requiring City to impose
liquidated damages prior to terminating or taking other action.
A-61
0 11
Administrative Office
LA CONSERVATION CORPS 605 W. Olympic Blvd. Ste. 45o, Los Angeles, CA 90015
Transforming Youth. Enhancing Communities.
City of Rancho Palos Verdes
Request for Proposal
FY16/17 to FY19/20
Contracted At -Risk Youth for On -Call Maintenance Projects
Summary of previous experience on similar projects
For over three decades, Los Angeles Conservation Corps has served the municipalities of Los
Angeles County as a licensed general contractor with expertise in natural land management—
particularly urban forestry, drought -tolerant landscaping, and greenspace construction—and street
services—site clean-up and trash/debris removal. Each year, the Corps takes on approximately 30
new contracts and successfully closes out 20, with over 100 contracts active at any given time,
totaling more than $16 million in revenues. As a co -benefit, environmental conservation work
projects, community beautification, and light construction provide paid work experience and on-the-
job training for at -risk youth in our workforce development program, whom we call Corpsmembers.
The Corps has previously served the City of Rancho Palos Verdes under an as -needed maintenance
services agreement dated June 1, 2010, and extended as of July 1, 2014 for one year later. The work,
which matches the City of Rancho Palos Verdes' scope of work for fiscal years 16/17 to 19/20,
included:
• Trail construction and maintenance
• Weed and invasive species removal/fire fuel reduction
• Site clean-up (inside and around swales)
• Trash/debris removal
• Fence installation and repairs
• Sign installation and maintenance
• Storm water protection, terracing, and sand bag placement
• Mulching
The Corps performs work, similar in scope to the Rancho Palos Verdes On -Call Maintenance
Projects, on a daily basis. A couple similar and recent examples include:
• As of September 10, 2013, the Corps has provided maintenance services to the County of
Los Angeles Department of Parks and Recreation Landscaping and Maintenance Services
under a master as -needed service agreement for up to $1 million annually. In 2014, we
completed the Hume Road Planting Project, and services included native shrub planting and
tree planting over three acres of land.
• In spring 2016, we completed channel area clean-up for the City of La Habra Heights, which
included weed and brush removal and herbicide spraying.
P.O. Box 15868, LOS ANGELES, CA 90015-0868 • 213-362-9000 0 FAx 213-362-7950 ® HTTP://1_AC0RPS.0RG • @Q
• For the City of Downey in fall 2016, we completed sand removal from playgrounds at
Apollo and Independence Parks as part of park renovation projects. As part of our Tot
Parks and Trails program we created a 600 linear feet decomposed granite walking path
around Brookshire Park, and performed other park improvements at Rio San Gabriel Park.
• Currently, we are in the process of completing the $2.8 million Wiseburn Walking Path
project under the auspices of the County of Los Angeles Department of Parks and
Recreation, County of Los Angeles Regional Parks and Open Space District, and California
Natural Resource Agency. The scope of work included clearing, grading, constructing a
3,200 linear foot decomposed granite walking trail, installation of signage and amenities, and
curb construction.
• We have begun work on the Proposition A -funded West Athens Area Pilot Tree Planting
Project for the County of Los Angeles Regional Parks and Open Space District. We will
plant 250 new street trees in the unincorporated West Athens community.
References from clients/cities on similar projects
City of Rancho Palos Verdes, Department of Public Works
Sean Larvenz, Maintenance Superintendent
seanl@rpvca.gov
Office: (310) 544-5221 / Cell: (310) 953-8605
County of Los Angeles, Department of Parks and Recreation
Zachary Likins, Trail Planning Assistant
zl&dns@parks.lacounty.gov
Office: (213) 351-5149
City of San Marino, Department of Public Works
Chuck Richey, Parks & Public Works Manager
crichey@SanMarinoCA.gov
Office: (626) 300-0793
National park Service, Division of Facility Management
Neli Navarrete, Roads and Trails Squad Leader
neli_navarrete@nps.gov
Office: (805) 418-3167 / Cell: (818) 447-1013
Santa Monica Mountains National Recreation Area
J. Colter Chisum, P.E., Chief of Facilities Management
Office: (805) 370-2327
National Forest Foundation
Edward Belden, Southern California Program Associate
Office: (805) 258-2500
United Forest Service, Angeles National Forest, Southern California Consortium
Joey Hwang, Program Specialist
joeyhwang@fs.fed.us
Office: (626) 574-5350 / Cell (626) 388-6005
Southern California Consortium Forest Service Region 5 -Outreach, Recruitment &
Workforce Diversity
Fabian Garcia, Director
fgarcia@fs.fed.us
Office: (626) 574-5349
Ricardo Lopez, Civil Engineer
rlopez@fs.fed.us
Office: 626-632-0666
Angeles National Forest and San Gabriel Mountains National Monument
Michael Hansen, Assistant Recreation Officer
mhansen02@fs.fed.us
Office: (626) 335-1251 ext. 249
Metropolitan Water District
Richard Arroyo, Landscape Maintenance Coordinator
rarroyo@mwdh2o.com
Training or additional programs and opportunities for at -risk youth to lead them to future jobs
The purpose of the Corps' foundational Young Adult Corps youth and workforce development
program is to transform the lives of school -aged youth and at -risk young adults through paid work
experience, on-the-job training, work and life skills training, education, supportive services (safety -
net services and barrier removal), and transition assistance. Positive outcomes are job placement or
college/vocational school enrollment. The Young Adult Corps serves approximately 600 at -risk 18 -
to 25 -year-olds per year, with approximately 300 active at any given time.
Corpsmembers who were unsuccessful in a traditional high school must enroll and attend our
WASC Accredited Charter High School through our partnership with Los Angeles Education Corps
(LAEC). There, they have the opportunity to reclaim their academic futures and earn a high school
diploma. At LAEC, students attend classes for 12 weeks then participate in 12 weeks of paid work
experience on LA Conservation Corps projects – alternating until they earn their high school
diploma and transition into the intensive career pathways training of their choice.
Our Green Career Pathways program is a framework for organizing work and training into
employer -advised curriculum tracks—Land Management, Zero Waste, Energy, Construction,
Manufacturing—with industry -recognized certifications to position Corpsmembers for careers in
growing green sectors. Connections with corporate partners in these sectors lead to apprenticeship
and hiring opportunities for at -risk youth who complete our program successfully.
MA
During our intake process, each corpsmember is assigned a case manager that helps corpsmembers
focus on their individualized service plans, which include their personal, educational and
occupational goals, and map out the practical steps they need to take in order to achieve them. We
provide information to corpsmembers regarding other post -secondary education institutions, and
assist them with applications and financial assistance forms. Case Managers provide resources and
referrals for housing, child care, transportation, health care, legal services, and financial support to
ensure program participants are able to succeed in our program and beyond.
Our Life Skills programming is designed to foster skills that are essential for full participation in
everyday life. Through the services of case managers and community or business partners,
corpsmembers can attend workshops throughout the year to support and encourage the
development of skills needed to improve and maintain their lives. There are four key areas of life
skills:
• Personal Development: Anger management, conflict resolution, team building, etc.
• Health and Wellbeing: Fitness and nutrition, family planning and safe sex practices,
mental health, etc.
• Financial Literacy: Basics of money, credit, and how to manage it
• Work Readiness: Resume cover letters, interview skills, etc.
Our Vocational and Driver's License training offers Corpsmembers basic vocational training in
OSHA 10 and CPR & First Aid, and gives them a baseline of training as they begin their work
experience and career pathway exposure as new corpsmembers. During the course of their time in
the Young Adult Corps, they can participate in a variety of other trainings, including forklift driving,
HAZMAT, and driver's license training. Written exam classes are offered to all corpsmembers and
those who need help with behind -the -wheel lessons are eligible to apply for free lessons year-round.
As corpsmembers progress through our program, each corpsmember receives intensive workforce
development training and develops a professional portfolio which includes a resume, application,
and two competency tests in math and customer service. Each participant also undergoes a mock
interview with a working professional. Upon completion, corpsmembers qualify for employment
opportunities and receive a certificate of completion.
Our Green Career Pathways program is a framework for organizing work and training into
employer -advised curriculum tracks—Land Management, Zero Waste, Energy, Construction,
Manufacturing with industry -recognized certifications to position Corpsmembers for careers in
growing green sectors. Connections with corporate partners in these sectors lead to apprenticeship
and hiring opportunities for at -risk youth who complete our program successfully.
LA Corps Representatives
Primary Representative
Secondary Representative
Dore Burry
Adewole Williams
941 West Cressey Street
941 West Cressey Street
Compton, CA 90222
Compton, CA 90222
dburry@lacorps.org
awilliams@lacorps.org
213-216-4814 cell
951-259-7758 cell
/CORPSLU C0
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CCLB'`�O
Lauren Ramezani
Public Works Department
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Re: The Conservation Corps of Long Beach (CCLB) proposal for contracted at -risk youth for on-call
maintenance projects.
The Conservation Corps of Long Beach (CCLB) works with young people from the most underserved
communities in Long Beach and surrounding areas (Compton, Lynwood, Paramount, Carson,
Wilmington, and Bellflower). Established in 1987, CCLB is one of 13 State Certified Local Conservation
Corps programs in California and is both a federally recognized 21st Century Conservation Service Corps
(21CSC) and one of a select few programs nationally accredited by the Corps Center of Excellence
(CCE). CCLB is eager to engage our participants in the maintenance, development, and enhancement of
the Palos Verdes Peninsula and is honored to submit this proposal to the City of Rancho Palos Verdes.
BACKGROUND
The mission of the CCLB is to "support youth to reach theirfull potential through work, service,
conservation, and education. " As young people are educated and trained for potential careers in public
service, their opportunities for success are increased, and the community benefits from their strenuous
efforts to preserve and sustain public lands.
On any given day approximately 100 corpsmembers are working throughout Southern California planting I✓
and caring for trees, building community gardens, constructing parks, building trails, restoring native
habitat, and educating the public about the importance of environmental stewardship and community
service. Our participants are led by professional staff skilled in arboriculture, horticulture, biology,
construction, agriculture, ecology, environmental science as well as a host of other relevant disciplines.
Our staff are licensed contractors, certified arborists, and many hold advanced degrees in sociology,
biology, environmental science, education, and business management. Utilizing the staff's experience,
technical skills, and expertise, the CCLB educates, trains, and serves residents of some of the most
impoverished communities in Long Beach and Gateway Cities.
The Conservation Corps of Long Beach has a strong reputation for recapturing young people from gangs,
prisons, unemployment lines, and a lifestyle of truancy and redirecting them toward restorative activities
that beautify and transform their communities. Corpsmembers work in teams lead by crew supervisors
who are adept at training young adults to perform strenuous tasks safely, yet at full capacity. They
engage them in conservation work that is challenging, skill -building, and which transforms disaffected
youth into engaged environmental stewards. Finally, the public will gain the economic benefit derived
from the cost-effective and efficient manner by which corpsmembers are known to perform tasks. The
CCLB maintains an excellent reputation of restoring and maintaining public resources in partnership with
numerous public agencies, including the City of Long Beach, LA County, State of California, US Forest
Service amongst others, at extremely competitive rates.
The Conservation Corps of Long Beach has a proven, 27 -year track record including decades of
experience in the management and implementation of multimillion dollar projects as well as the
Serving the Gateway Cities and the Greater Long Beach area
C'cm5ervation Corps of LongBeach. 340 Nieto /avenue, Long Beach, Cry 90814 • Oflice 562-986-1249 0 Fax 562-986-7920
i •
administration of other non-profit partners. As a large yet nimble non-profit agency the Conservation
Corps of Long Beach has a history of aiding our public partners in the prompt implementation of
multifaceted and complex ventures. We've performed projects throughout Southern California including;
Catalina Island, the Santa Monica Mountains, the Angeles and San Bernardino National Forests, and the
City of Long Beach and County of Los Angeles. Our land management partners include the City of Long
Beach, LA County, the US Forest Service, Cities of Downey, Signal Hill, Lakewood, Paramount, Palos
Verdes Land Conservancy, and a myriad of other public and private agencies. We partner with our sister
organization, the CCLB Gateway Cities Charter High School, to facilitate our WASC-accredited charter
school in North Long Beach. Our Conservation, Education, and Supportive Services staff expertise is as
diverse as the communities and people we serve. Staff proficiencies include business management,
equipment operation, horticulture, forestry, biology, construction as well as credentialed teaching,
licensed social work, vocational education, and post CCLB job placement.
Communication and Implementation
Our underlying goal for all projects and programs is to ensure or exceed sponsor -identified goals and
outcomes while enriching the lives of the youth we serve working on the project. We pride ourselves as
being customer (sponsor) friendly flexible and structure our crews to specific projects. Prior to project
implementation and working in collaboration with sponsoring agencies CCLB identifies each project's
technical attributes and assign coordination staff with appropriate experience and specialized skill sets.
Our goal is to ensure crews are more than adequately trained and equipped to successfully accomplish
each respective project while at same time garnering or enhancing new skill sets and an appreciation for
public and environmental service.
Depending on project location, scope, technical aspects, and scale, CCLB has experience and deploys
crews accordingly. Whether the specific project mandates a long term small (4 member) self- contained
backcountry crew or a large (10 member) urban forestry crew deployed on a daily basis from our
conservation base in Signal Hill, we customize the crew structure to meet project sponsor designated
project goals. All crews are available year round and are equipped with uniforms, personal safety gear,
basic tools, and first aid kits. All supervisors have agency cell phones and, if need be, radios. The
Conservation Corps of Long Beach manages a CHP inspected and certified fleet of over 40 GPS -
equipped vehicles including crew vans, passenger vehicles, pickup trucks, specialized 2- and 3 -ton stake -
side and panel trucks, as well as equipment trailers.
We pride ourselves in being flexible and resourceful and making the most of public funding to achieve
the very best value and return on investment. The Conservation Corps of Long Beach is a non-profit
501(c)(3) with almost 30 years of experience performing a wide variety of projects with various cities and
agencies throughout Southern California and beyond. As a State Certified Local Conservation Corps )
(Please see attached Certification Letter) as defined by California Resources code section 14507.5, the
Conservation Corps of Long Beach is exempt from prevailing wage per State of California Labor Code
1720.4.(3). Please see the attached list of references, reference letters, detailed information regarding
CCLB training and education programing, and cost proposal. If you have any questions please feel free
to contact me at (714) 783-6080.
Sincerely,
V1
Dan Knapp
Executive Director/CEO
Serving the Gate)vay Cities and the Greater Long Beach arefy
Collscnauorr Corps of 1-miL, 340 Nicro Al cnac, 1-im" CA 90814 a Oltfi c 502-00-1 149 0 1"a 5fQ-9g0_._/9�O
M
STATE OF CALIFORNIA - THE RESOURCES AGENCY
CALIFORNIA CONSERVATION CORPS
Special Projects Support Unit
1719 24' Street Sacramento, CA 95816
(918) 341 3248 FAX 77 882 0117
ccc ca gov.
April 12, 2016
Dan Knapp, Executive Director
Conservation Corps of Long Beach
340 Nieto Avenue
Long Beach CA, 90814
Dear Dan,
EDMUND G BROWN JR, Governor
SENT VIA E-MAIL
Thank you for your time and effort in hosting and preparing for the January 5, 2016 Certification
Review. Based on the information provided to the Certification Review Team, Conservation
Corps of Long Beach (CCLB) meets all certification standards. During the Certification Review
the CCC did not find any deficiencies. CCLB is being certified as a Local Community
Conservation Corps for Fiscal Year 201612017, per California Public Resources Code (PRC)
14507.5.
If there are any questions regarding CCLB's status or the certification criteria used, please
contact Ka-Ryn Escovedo, CCC Local Corps Program Analyst at 916.341.3126 or
ka- n.escovedo ccc ca ov.
cerely,
X--- ?)A,
D a Brazelton
Manager
The young women and men of the Corps work hard protecting and restoring California's environment and
responding to disasters, becoming stronger workers, citizens and individuals through their service
Rancho Palos Verdes Contracted At -Risk Youth On -Call Maintenance Projects
Conservation Corps of Long Beach
References
Larry Rich, Sustainability Director, City of Long Beach
Phone: 562-570-5839, email: Larry.Rich@longbeach.gov
Kevin Ryan, Trails Program Coordinator, Catalina Island Conservancy
Phone: 310-510-1888 ext. 223, email: Kryan@catalinaconservancy.org
Eric Zahn, Principal Restoration Ecologist, Tidal Influence, LLC (Los Cerritos Wetlands Manager)
Phone: 858-353-6113, email: eric@Tidalinfluence.com
Adrienne Mohan, Conservancy Director, Palos Verdes Peninsula Land Conservancy
Phone: 310-930-4332, email: amohan@pvpic.org
(See attached letter of recommendation)
Andrea Gullo, Executive Director, Puente Hills Habitat Preservation Authority
Phone: 562-945-9003, email: agullo@habitatauthority.org
(See attached letter of recommendation)
Current Programs
The Conservation Corps of Long Beach (CCLB) is a nonprofit, 501(c)3 organization founded in 1987 to
address Long Beach area youth development, workforce development and environmental concerns.
CCLB's mission supports youth and young adults to achieve their full potential through work, service,
conservation and education. CCLB achieves its mission through a combination of work/school programs
that develop basic work skills, work ethics, education, training and teamwork. CCLB's long term
outcome is to increase the number of Greater Long Beach area at -risk youth and young adults that are
educated, responsible adults prepared with the knowledge and skills to enter the workforce and
become contributing members of society that strengthen our communities.
CCLB offers a full array of holistic services to address the needs of youth and young adults (ages 18-26)
as follows:
Young Adult Program (18-26):
Three programs provide the following to develop the training, skills and education at -risk, unemployed,
out-of-school young adults need to enter the workforce and/or pursue further vocational or post-
secondary training and education:
• Conservation and Community Services: Paid work experience, job -training, environmental and
community service projects, recycling services and education. CCLB work programs and projects
are grouped into the following areas: Urban Greening; Energy Efficiency; Construction and
Urban Conservation; Environmental Education and Interpretation; and, Resource Conservation.
CCLB participants — corpsmembers (cros)—rotate through the various programs to develop a
variety of job skills and work experiences. CCLB also provides educational presentations
focusing on recycling, the environment and how to reduce our carbon foot print to local school
age children, their families and local communities at our Signal Hill conservation and recycling
center.
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Rancho Palos Verdes Contracted At -Risk Youth On -Call Maintenance Projects
Conservation Corps of Long Beach
• Education: CCLB Gateway Cities Charter School (GCCS): GCCS is a Western Association of Schools
and Colleges (WASC) accredited alternative high school that serves 18-26 year olds in need of
earning a high school diploma to further their individual educational and career goals. GCCS's
academic schedule and educational program is designed to support those young adults who
need to work to support themselves and/or their families while going to school to earn their
high school diploma. GCCS's approach to learning encourages students who were previously
unsuccessful, dropped out or were forced out of their local high school due to a variety of
reasons to complete their high school education. GCCS gives these students a second chance to
achieve their secondary and post -secondary educational goals and move forward to the next
phase of their personal/career paths. Many GCCS students are hired by CCLB and are co -
enrolled in both programs.
• Corpsmember Development Department: CCLB and GCCS staff provide the support our
participants — cros and students — need to successfully earn their high school diploma and /
complete CCLB's paid work experience, job -training programs. Staff provide the mentoring,
case management and referrals to community resources our participants need to address and
overcome the various issues they have that caused them to drop out of high school and be
unable to further their educational and career goals. Staff also provides the support needed to
transition from CCLB into post -secondary education/training and/or to enter the workforce. The
CCLB Board of Directors host a fund-raising event each year to provide scholarships for CCLB
students and cros to continue their post -secondary training and educational goals. CCLB looks
forward to offering AmeriCorps Education Awards for selected cros starting October 2017. Cms
earn service hours on CCLB work projects to qualify for these federally funded scholarships.
CCLB's Young Adult Program targets 18-26 year old young adults from the greater Long Beach area;
primarily the cities and communities of Long Beach, Carson, Wilminton, Compton, Signal Hill and
Paramount. These young adults are the most disadvantaged low-income urban young adults with
multiple barriers to entering and remaining in the workforce. Their barriers include a wide range of
social justice issues including, homelessness/at-risk of being homeless, high school drop-out, low -
academic skills, little or no previous work experience, unemployed, gangs/gang violence, dysfunctional
family structure, childcare, legal, health or personal issues. CCLB develops environmental work projects
for CCLB cros to work on while completing CCLB's various programs and services.
CCLB projects are developed in partnership with many of the 27 cities represented by the Gateway Cities
Council of Governments, including Long Beach, Carson, Compton, Signal Hill, Whittier, Catalina Island
and others. Cms have the opportunity to join various work crews to learn urban forestry, horticulture,
landscape construction, irrigation installation, habitat restoration, trail building, environmental
remediation, community garden development and general construction. To carry out our Mission, cros
have the opportunity earn wages, learn a trade, and serve their communities. While working, cros also
have the opportunity to earn their high school diploma, complete industry recognized certifications and
receive support to transition to post corps life to pursue their individual educational and workforce
goals. Currently, more than 90 CCLB corpsmembers are working daily in crews to plant and care for
trees, build community gardens, construct parks, build trails, remove graffiti, restore native habitat, and
on community education programs to inform the public about the importance of environmental
stewardship and community service.
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Rancho Palos Verdes Contracted At -Risk Youth On -Call Maintenance Projects
Conservation Corps of Long Beach
CCLB is one of 13 certified, nonprofit, local conservation corps in California. CCLB must maintain its
certification each year through an annual on-site certification review. As a certified conservation corps,
CCLB operates under the CA Public Resources Code which mandates certain program standards and
components; i.e. job -skills training, education and life skills training. CCLB has received the Excellence in
Corps Operations (ECO) Award from the Corps Network, a national association of service and
conservation corps, and has received the National Youth Employment Coalition's PEPNet Award for %
demonstrating best practices in the field of youth employment. CCLB is also a member of the 21St
Century Conservation Service Corps; a national effort to put thousands of young people and veterans to
work protecting, restoring and enhancing America's outdoors.
Success rate of CCLB's programs
During CCLB's 27 year history, CCLB has served thousands of youth and young adults from the greater
Long Beach area. For fiscal year 2014/15, CCLB provided 204 corpsmembers with job -training and paid
work experience, while GCCS provided an education to 154 students to pursue their high school
diploma, and 245 students were provided a safe, secure learning environment after school and during
school vacations. For FY 2015/16 CCLB hired 184 corpsmembers as follows: 78% did not have a high
school diploma; 58%/male and 42%/female; 19.5% were formerly incarcerated, 46.7% received public /
assistance, and 23.3% were parents. Ethnicity of corpsmembers included 47.5 % African-American,
23.9% Hispanic, 6.5% Hawaiian/Pacific Islander, 4.3% Asian, 3.2% White, while 14.6 % chose to not
respond. CCLB's charter school enrolled 223 students and graduated 137 students with a high school
diploma. For FY 2016/17, CCLB expects to employ more than 200 corpsmembers as the interest in hiring
CCLB to complete environmental and community service work projects increases. CCLB's charter school
expects to serve 220 students, many of which will be hired and co -enrolled in the Young Adult Program
work projects. The charter school expects to graduate a similar number of students each year since most
students need more than two years on average to complete the credits needed to graduate.
For FY 2015/16, 67 cros left the program for various reasons. Of those, 36.4% entered employment
and/or post -secondary education or training. 28.3% achieved positive outcomes; earned a high school
diploma, completed CCLB's job -training program and/or earned a training certificate. CCLB is entering a
new phase in its history as it recently hired a new CEO/Executive Director, Dan Knapp, after the former
CEO/Executive Director of 25 years retired. This provides an opportunity for CCLB to reflect on its
future and strategic direction for the next few years. Therefore, CCLB developed a Strategic Plan for
2017-2020 to provide the direction, goals, metrics and timeline to help focus the organization's
immediate future. CCLB believes the 2015/16 exit information numbers do not completely represent
the actual positive results of the program. Therefore CCLB needs to add staff and resources to improve
and track these results which led to the Strategic Goal to" Improve and formalize the Corpsmember
Development Department" that is responsible for tracking, reporting and supporting cros/students in
achieving post -corps success.
Conservation Corps of Long Beach's Education Program
Education at CCLB takes several forms:
• Charter High School — As described above, CCLB partners with the Gateway Cities Charter School
to provide an accredited high school education program for 18-26 year olds to earn their high
school diploma. Students must complete the required number of credits and a graduation is
Page 3 of 4
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Rancho Palos Verdes Contracted At -Risk Youth On -Call Maintenance Projects
Conservation Corps of Long Beach
held each year to honor those who graduated. Students may be hired and co -enrolled in CCLB's
Young Adult Program to work while they attend high school.
• lob -training — This occurs both in the classroom as well as in the field on work projects. Staff
provides training in both the hard and soft skills needed to carry out CCLB work projects as well
as the soft skills needed to be successful in the workplace. Examples of hard skills training
include: proper tool use for hand/power tools (shovels, Pulaski's, weed whackers, chainsaws);
landscaping; park/trail maintenance; construction, plant identification; and, tree
planting/maintenance. Examples of soft skills training include: following work place
policies/procedures; teamwork; positive work ethic (being on time, giving full effort, following
directions). Cms may also participate in trainings leading to industry recognized certifications.
Cms also receive training and support to develop and maintain a resume, conduct job searches,
fill out job applications and college enrolment forms, apply for jobs, college entrance and
scholarships, participate in mock interviews, and how to dress for success.
• Strategic Partnerships — CCLB has a formal partnership with Long Beach City College (LSCC). All
CCLB corpsmembers are eligible for no -cost enrollment in LBCC's pre -apprentice construction �I
and heavy equipment maintenance certification programs. CCLB has partnered with GRID
Alternatives to provide basic solar photovoltaic installation training and certification. The City of
Long Beach Public Works and Parks, Recreation, and Marine Departments provide the following
trainings for CCLB participants: chainsaw operation, irrigation installation and repair, and
emergency preparedness and response.
• Postsecondary scholarships — All CCLB corpsmembers and former corpsmembers are eligible to
apply for CCLB's postsecondary scholarships (privately fundraised scholarship)s and starting in
October 2017 earn AmeriCorps education awards for their service while enrolled in the CCLB.
• Community Education — CCLB provides various community educational presentations focusing
on recycling, the environment and how to reduce our carbon foot print to local school age
children, their families and local communities. CCLB cros are trained to provide these various
presentations as needed or requested by community partners. In order to provide these
presentations, cros undergo their own education and training to provide these public speaking
events.
Page 4 of 4
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PRESERVING LAND AND RESTORING HABITAT FOR THE EDUCATION AND ENJOYMENT
OF ALL
Kedrin Hopkins, Director of Projects
Conservation Corps of Long Beach
340 Nieto Avenue
Long Beach, CA 90814
February 10, 2017
Dear Mr. Hopkins,
The purpose of this letter is to describe the level of service provided by the Conservation
Corps of Long Beach (CCLB) for the Palos Verdes Peninsula Land Conservancy.
The CCLB was called on to support the work of the Palos Verdes Peninsula Land Conservancy
to repair trails and protect native habitat at the Portuguese Bend Reserve. The work began on
January 31 st, 2017. The CCLB's scope of work included trail improvements to the Ishibashi
Trail and the repair of trail erosion on nearby trails.
We are pleased with the level and quality of work provided by the CCLB. The CCLB
supervisors are easily accessible and are able to successfully carry out the required duties to
ensure successful project progress. We look forward to partnering with the CCLB on future
projects to benefit the Nature Preserves in Palos Verdes.
If you have any questions, or would like additional information, please contact me at
amohan(c--D�pvplc.or or call (3 10) 541-7613 x213.
Sincerely,
114diavinc i I Zohavt_
Adrienne Mohan
Conservation Director
916 SILVER SPUR ROAD # 207. ROLLING HILLS ESTATES. CA 90274-3826 T 310.541.7613 WWW.PVPLC.ORG
6-13
;nte Hills
Wat Preservation Authority
wment Provided by the Puente Hills Landfill
February 10, 2017
Kedrin Hopkins, Director of Projects
Conservation Corps of Long Beach
340 Nieto Avenue
Long Beach, CA 90814
Mr. Hopkins,
The purpose of this letter is to describe the level of service provided by the Conservation Corps
of Long Beach (CCLB) for the Puente Hills Habitat Preservation Authority
The CCLB began work at the project site on January 31, 2017. The CCLB's scope of work
included trail clearing and trail enhancement of the Peppergrass Trail.
To date, the Puente Hills Habitat Preservation Authority has been pleased with the level and
quality of work provided by the CCLB. The CCLB supervisors are easily accessible and are able to
successfully carry out the required duties to ensure successful project progress. Overall, they
were easy to work with and had terrific attitudes.
If you have any questions, or would like additional information, please contact me at
agullo@habitatauthority.org or 562.945.9003.
Sincerely,
Andrea Gullo
Executive Director
A Joint Powers Agency created pursuant to California Government Code §6500 et seq.
7702 Washington Avenue, Suite C, Whittier, California 90602 - Phone: 562 / 945-9003 - Fax: 562 / 945-0303
Printed on recycled paper
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CITY OF RANCHO PALOS VERDES
REQUEST FOR PROPOSAL
FY 16/17 to FY 19/20
INTRODUCTION
Contracted At -Risk Youth for On -Call Maintenance Projects
The City of Rancho Palos Verdes ("City") seeks proposals from qualified organizations
offering At -Risk Youth (ARY) for contract services on an on-call basis for grant funded and
non -grant funded maintenance related projects for the City's open space and other City
properties. Over a decade ago the City started utilizing conservation corps on an on-call
basis for grant related projects that met the Los Angeles County Regional Park and Open
Space District's (District) approved definition of At -Risk Youth and the related Implementation
Instructions. The City met and exceeded the district's grant related ARY employment.
Subsequently, the City proceeded to utilize the ARY for other grant and non -grant related
projects for the City's open space and other City properties and has been satisfied with the
results.
The City would like to have a four year (4) on-call maintenance services contract, with two
(2) one-year extension options with mutual agreement, with a qualified conservation corps
or organization to provide the City with At -Risk Youth on grant or non -grant related projects,
on an as needed on-call basis. The qualified organization will be contacted when an
upcoming project(s) needs as needed maintenance work that could be performed by ARY.
At that time, the exact nature of work, extent of the work and site location will be provided
and a quote based on time and material requested. Typically the sites will be either a City
park or City owned open space area or property.
To be considered for this project, submit three (3) copies of the proposal to the Department
of Public Works, 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275, Phone number
(310) 544-5252, no later than 4:00 PM, on Friday February 17, 2017.
The term of this agreement is for FY 16/17 to FY 19/20, with two (2) one-
year extension options with mutual agreement for FY 20/21 and FY 21/22.
SCOPE OF WORK — FISCAL YEARS 16/17 to FY 19/20
The work includes but is not limited to the following:
• Fuel modification
• Trail construction, trail maintenance, trail re-routing, trail re -construction
• Weed abatement
• Site cleanup (i.e. inside and around swales)
• Debris removal (i.e. weeds, rocks, dirt)
• Fence repairs
• Sign installation and maintenance
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The selected organization will be viewed as the City's only At -Risk Youth contracted
organization for the duration of the agreement. Prior to performing a task, City staff will meet
with the organization representative and explain the work needed, the geographic location,
the time frame and request a quote based on time and material.
REPORTING REQUIREMENTS
The contracted youth should meet the Los Angeles County Regional Park and Open Space
District's approved definition of At -Risk Youth and the related Implementation Instructions.
Upon completion of each work, the organization shall supply the City with:
• Complete LA County Park and Open Space District's Exhibit F-4, "Report on
Employment of Youth" (sample attached)
• Invoice submitted within 30 days upon completion of the work (including number of
hours and hourly rates and/or equipment used)
PREVAILING WAGES
The City requires paying workers prevailing wages for their job classification. If your
organization does not pay prevailing wages, or is exempt from paying prevailing wages,
please indicate that and provide valid documentation.
ADDITIONAL INFORMATION
Please indicate additional information that helps with the employed ARY. For example, if
your organization offers the ARY additional services, such as continued education, GED
opportunities, on the job training programs, etc.
PROJECT BUDGET
The project(s) are paid based on time and material. Your submitted rate sheet should
indicate the job classifications and/or activity type in addition to the rates effective length of
time. If there is a different rate for different activities, then indicate each activity and the
appropriate hourly rate. Additionally if the supervisor's rates are different, please indicate the
supervisor's rates per activity. The City plans to spend approximately $75,000 in FY 16/17
and a similar amount each year through FY 19/20 on ARY related projects. The amount
includes wages to workers, overhead, supervision and other related costs.
DATA TO BE SUBMITTED WITH PROPOSALS
The Proposal shall be prepared in a "two sealed envelope" format.
The first sealed envelope shall contain the technical proposal and shall include:
A summary of the organization's previous experience on similar projects.
References from clients/cities on similar projects.
Describe or list training or additional programs and opportunities offered the ARY that
could help them with future employment or job opportunities
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The second sealed envelope shall be clearly marked "Cost Proposal" and shall be
outlined as indicated below:
The hourly rates and other fees for personnel involved in the service(s). If each
activity has a different hourly rate, please list each. If supervisors receive a different
hourly rate, please indicate that. Please indicate the rates effective length of time.
Provide a proposed Cost on a "Not To Exceed" basis for each fiscal year. Total Cost
to include all costs and expenses.
The City reserves the right to select an organization, which may not have submitted the
lowest proposed fees.
Note: This project may require services during weekends and/or evenings. Indicate
on your fee schedule any fee differential for weekend or evening services. Fees shall
be inclusive of all clerical support, overtime services, travel time, travel mileage,
cellular phone services, and computer usage.
SUBMISSION OF PROPOSAL
All questions are to be submitted via e-mail to Lauren Ramezani at LaurenR6a�rpvca.gov or
by phone (310) 544-5245 by no later than Wednesday February 15, 2017 at Noon. Three (3)
copies of your proposal must be submitted to:
Lauren Ramezani, Public Works Department
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
The proposals are due in the office by 4:00 p.m. on Friday, February 17, 2017
The projected date for requesting City Council approval for this on-call maintenance contract
is March 21, 2017.
THE CITY'S EVALUATION PROCESS
Proposals received will be evaluated on the following criteria -
1 )
riteria:1) Experience of organization in performing this type of service.
2) References from clients for whom similar work was performed.
3) Previous work in RPV or the Palos Verdes Peninsula
4) Additional services/programs offered by your organization to the youth to enhance
employment or job opportunities for their future
5) Interview (if applicable)
Please note that the responses to this request for proposal are subject to the following
conditions:
Insurance
The City of Rancho Palos Verdes requires the selected firm to have a minimum of
$1,000,000.00 of professional errors and omissions insurance and a minimum of
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$1,000,000.00 of automobile liability insurance prior to entering into an agreement with the City.
Acceptance of Terms
Submission of a proposal shall constitute acknowledgment and acceptance of all terms and
conditions hereinafter set forth in the RFP unless otherwise expressly stated in the proposal.
Right of Reiection by the City
Notwithstanding any other provisions of this RFP, the City reserves the right to reject any and
all proposals and to waive any informality in a proposal.
Financial Responsibility
The proposer understands and agrees that the City shall have no financial responsibility for
any costs incurred by the proposer in responding to this RFP.
Interview
If successful, the proposer may be invited to participate in an interview. The interview will be
a part of the final selection process.
Award of Contract
The selected firm shall be required to enter into a written contract with the City of Rancho
Palos Verdes, in a form approved by the City Attorney, to perform the prescribed work. This
RFP and the proposal, or any part thereof, may be incorporated into and made a part of the
final contract; however, the City reserves the right to further negotiate the terms and
conditions of the contract with the selected consultant. The contract will, in any event, include
a maximum "fixed cost" to the City of Rancho Palos Verdes. A similar sample of the written
contract is shown in Appendix A.
Conferences during the Proposal Preparation Period
As of the issuance date of this RFP and continuing until the time for submitting proposal has
expired, the City will provide relevant information and access to City facilities and documents
as necessary for all proposers to familiarize themselves with the requirements set forth in the
RFP. Access to City facilities shall be during normal business hours and will require at least
twenty-four (24) hours advance notice.
Number of Copies Required
The proposer must submit three (3) copies of the proposal.
Proposals must be received by the Department of Public Works, 30940 Hawthorne Blvd.,
Rancho Palos Verdes, CA 90275, phone number (310) 544-5252, by the deadline
indicated in this RFP.
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Organization's Representative
- The organization shall assign a primary representative and an alternate to perform the
services described in the scope of work. Both shall be identified in the proposal. If the
primary representative is unable to continue with the project, then the alternate
representative shall become the primary representative. The representative and
alternative and at least one crew should be able to understand and speak English.
General Information
— This Request for Proposal does not commit the City of Rancho Palos Verdes to pay costs
incurred in the preparation of a response to this request. No work may begin until an
agreement is executed and the City issues a Notice to Proceed.
— Notwithstanding any other provisions of this Request for Proposal, the City of Rancho Palos
Verdes reserves the right to reject any and all proposals and to waive any informality in a
proposal.
— Submission of a proposal shall constitute acknowledgement of all terms and conditions set
forth in the Request for Proposal unless otherwise expressly stated in the proposal.
— All data, documents, and other products used or developed for this project shall remain in
the public domain upon completion of the project. Similarly, all responses to this Request
for Proposal shall become the property of the City of Rancho Palos Verdes.
— The method of payment upon negotiation of a contract shall be monthly payments based
upon satisfactory progress and the submission of invoices for payment.
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APPENDIX A
DRAFT
SERVICES AGREEMENT
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APPENDIX B
LA County Park and Open Space District's
Exhibit FA
"Report on Employment of Youth"
Name of Agency:
Type: ❑ Progress
❑ Final
Grant No.
Work Location
Totals:
REPORT ON EMPLOYMENT OF YOUTH
Telephone No.:
Youth Employment Period:
From To
(mm/ddlyyyy)
No. of Approx. Wage Tot. Hrs. Total Wages
Youth Age per Hr. Worked Paid
Work Performed
I certify that the information above is accurate, that it represents increased expenditures of at -risk youth since August 10, 1997, and
that persons hired after October 21, 2002, meet the Los Angeles County Regional Park and Open Space Districts' definition of at -risk.
Signature of Authorized Representative
(District Use only)
Program Manager:
Grants Supervisor:
Date
Date Submitted:
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