RPVCCA_CC_SR_2015_05_19_D_Claim_Against_the_City_Everest_National_Ins_CoA
CITY OF RANCHO PALOS VERDES
MEMORANDUM
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CARLA MORREALE, CITY CLER A
DATE: MAY 19, 2015
SUBJECT: CLAIM AGAINST THE CITY BY EVEREST NATIONAL
INSURANCE COMPANY
REVIEWED: DOUG WILLMORE, CITY MANAGER
RECOMMENDATION
Reject the claim and direct staff to notify Everest National Insurance Company.
DISCUSSION
Everest National Insurance Company (Everest), on behalf of their insured Venco
Western Inc. (Venco), who provides contractor services to the City, has filed a
Subrogation Notice/Claim with the City of Rancho Palos Verdes to recover all benefits
paid through a workers' compensation claim for injuries sustained by a Venco
employee. On the date of the injury, four employees of Venco, as well as City
employees, were moving a whale structure from one location to another. Everest
alleges that the City instructed the contractor to unload the whale structure in an unsafe
manner. The City staff has indicated, upon researching the incident, no directives were
given to the contractor on how the whale was to be moved, but rather only that the
whale was to be moved.
The City's Claims Administrator, Carl Warren and Company, has reviewed the claim
and advised the City to reject the claim, as liability for the incident is doubtful.
Attachment:
Claim (page 2)
1
C 8
FILE WITH: RESERVE FOR FILING STAMP
E
'F' CLAIM FOR DAMAGE
CITY CLERK'S OFFICE -
City of Rancho Palos Verdes
30940 Hawthorne Blvd. TO PERSON OR PROPERTY
CLAIM NO. l�7
Rancho Palos Verdes, CA 90275
RECEIVED
INSTRUCTIONS
1. Claims for death, injury to person or to personal property must be filed not
OF RANCHO PALOS VERD
later than six months after the occurrence. (Gov. Code Sec. 911.2.)
2. Claims for damages to real property must be filed not later than 1 year after
AUG 0 4 2014
the occurrence. (Gov. Code Sec. 911.2.)
3. Read entire claim form before filing.
4. See Page 2 for diagram upon which to locate place of accident.
5. THIS CLAIM FORM MUST BE SIGNED ON PAGE 2 AT BOTTOM.
CITY, CLERICS OFFICE
6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET.
TO: CITY OF RANCHO PALOS VERDES
Date of Birth of Claimant
n/a
Name of Claimant
Occupation of Claimant
Everest National Insurance Company
n/a
Home Address of Claimant City and State
Home Telephone Number
n/a
Business Address of Claimant City and State
Business Telephone Number
PO Box 85251, San Diego, CA 92186
619-744-5080
Give address and telephone number to which you desire notices or
Claimant's Social Security No.
communications to be sent regarding this claim:
PO Box 85251, San Diego, CA 92186 - (619) 744-5080
When did DAMAGE or INJURY occur?
Names of any city employees involved in INJURY or DAMAGE
Date 02/24/2014 Time 10:15am
If claim is for Equitable Indemnity, give date
claimant served with the complaint:
Date
Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on Page 2. Where appropriate, give
street names and address and measurements from landmarks:
City Yard, RANCHO PALOS VERDES
Describe in detail how the DAMAGE or INJURY occurred.
American Claims Management, Inc. is handling a claim for workers' compensation benefits on behalf of Everest National Insurance Company and
Venco Western Inc.. We formally assert our claim to recover all benefits paid to in regard to the injuries sustained due to the negligence of the city
of Rancho Palos Verdes. Please be advised that we are entitled to full reimbursement of our claim per Labor Code Section 3852.
- (injured worker) (claim # 08014781), sustained injury to his right hand as the result of getting his hand caught while unloading a metal
structure (sculpture of whale) at the direction of the City. City provided and instructed them use poles to slide metal whale down to load it. The
whale went down the poles too fast and caught the injured worker's hand, causing the injury. (See attached pictures of whale sculpture).
Why do you claim the city is responsible?
The City entered into a Landscape Maintenance Services Agreement between City of Rancho Palos
Verdes and Venco Western Inc. 05/30/2012 (see attached contract). On the date of injury, four
employees of Venco Western, as well as other city employees, were moving the whale for the City.
The poles that were utilized were provided by the City. The City instructed the injured worker to
unload the whale structure in an unsafe manner (using the poles that were provided by the City).
Describe in detail each INJURY or DAMAGE.
R 4th digit crush injury; R 4th digit laceration.
This Claim Must Be Signed on Page 2
General damages ...................... $ o,00
Total damages incurred to date ........ $ 1363.71
Total amount claimed as of date of presentation of this claim: $ 1363.71
Was damage and/or injury investigated by police? No If so, what city?
Were paramedics or ambulance called? No If so, name city or ambulance
If injured, state date, time, name and address of doctor of your first visit 07/24/2014@10:48am, Michael P. Tamay, Wrorm— Memorial Medlwl ER. 3330 Lomb Blvd., Tomr-CA 90503
WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons known to have information:
Name Address Phone
Name Address Phone
Name Address Phone
DOCTORS and HOSPITALS:
Hospital Address Date Hospitalized
Doctor Torrance Memorial Medical ER Address 3330 Lomita Blvd., Torrance, CA 90505 Date of Treatment 02124/14,02127114,03103114
Doctor Address Date of Treatment
READ CAREFULLY
For all accident claims place on following diagram names your vehicle when you first saw City vehicle; location of
of streets, including North, East, South, and West; indicate City vehicle at time of accident by "A-1" and location of
place of accident by "X" and by showing house numbers yourself or your vehicle at the time of the accident by
or distances to street corners. If City Vehicle was "13-1" and the point of impact by "X." NOTE: If diagrams
involved, designate by letter "A" location of City Vehicle below do not fit the situation, attach hereto a proper
when you first saw it, and by "B" location of yourself or diagram signed by the claimant.
I
SIDEWALK
PARKWAY
SIDEWALK
or person filing on Typed Name: Date:
Spencer Stevens 07/30/2014
Subrogation Examiner
American Claims Management
Sec. 915a). Presentation of a false claim is a felony (Pen. Code Sec. 72.)
3
The amount claimed, as of the d6,ie. of presentation of this claim, is computed as follows:
Damages incurred to date (exact):
Estimated prospective damages as far as known:
Damage to property ....................
$ 0.00
Future expenses for medical and hospital care .
$ 0.00
Expenses for medical and hospital care ...
$ 1043.58
Future loss of earnings .....................
$ 0.00
Loss of earnings ......................
$ 237.70
Other prospective special damages ..........
$ 0.00
Special damages for ...................
$ 62.43
Prospective general damages ...............
$ 0.00
Total estimate prospective damages.......
$ 0.00
General damages ...................... $ o,00
Total damages incurred to date ........ $ 1363.71
Total amount claimed as of date of presentation of this claim: $ 1363.71
Was damage and/or injury investigated by police? No If so, what city?
Were paramedics or ambulance called? No If so, name city or ambulance
If injured, state date, time, name and address of doctor of your first visit 07/24/2014@10:48am, Michael P. Tamay, Wrorm— Memorial Medlwl ER. 3330 Lomb Blvd., Tomr-CA 90503
WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons known to have information:
Name Address Phone
Name Address Phone
Name Address Phone
DOCTORS and HOSPITALS:
Hospital Address Date Hospitalized
Doctor Torrance Memorial Medical ER Address 3330 Lomita Blvd., Torrance, CA 90505 Date of Treatment 02124/14,02127114,03103114
Doctor Address Date of Treatment
READ CAREFULLY
For all accident claims place on following diagram names your vehicle when you first saw City vehicle; location of
of streets, including North, East, South, and West; indicate City vehicle at time of accident by "A-1" and location of
place of accident by "X" and by showing house numbers yourself or your vehicle at the time of the accident by
or distances to street corners. If City Vehicle was "13-1" and the point of impact by "X." NOTE: If diagrams
involved, designate by letter "A" location of City Vehicle below do not fit the situation, attach hereto a proper
when you first saw it, and by "B" location of yourself or diagram signed by the claimant.
I
SIDEWALK
PARKWAY
SIDEWALK
or person filing on Typed Name: Date:
Spencer Stevens 07/30/2014
Subrogation Examiner
American Claims Management
Sec. 915a). Presentation of a false claim is a felony (Pen. Code Sec. 72.)
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i
LANDSCAPE MAINTENANCE SERVICES AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered this 15th day of May, 2012, by and between the
CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and Venco Western Inc.
("Contractor").
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. Scope of Services. Contractor shall perform the work and provide all labor, materials, equipment and
services in a good and workmanlike manner for the project identified as LANDSCAPE
MAINTENANCE SERVICES FOR THE CITY OF RANCHO PALOS VERDES PARKS
("Project"), as described in this Agreement and in the Bid Documents (including the Notice Inviting
Sealed Bids, the Instructions to Bidders, the General Provisions, the Special Provisions, the Technical
Special Provisions, the Proposal, the Exhibits, and all addenda as prepared prior to the date of bid
opening setting forth any modifications or interpretations of any said documents), which are attached
hereto as Exhibit "A" and incorporated herein by this reference, including miscellaneous appurtenant
work. All work shall be performed in accordance with the latest edition of the Standard Specifications
for Public Works Construction (commonly known as the "Greenbook"), including supplements,
prepared and promulgated by the Southern California Chapter of the American Public Works
Association and the Associated General Contractors of California (collectively "Standard
Specifications"), which is incorporated herein by this reference. In the event of any conflict between
the terms of this Agreement and incorporated documents, the terms of this Agreement shall control.
2. Extra Work. Extra work, when ordered in writing by the Director of Public Works and accepted by
the Contractor, shall be paid for under written work order in accordance with the terms therein
provided. Payment for extra work will be made at the unit price or lump sum previously agreed upon
in writing between the Contractor and the Director of Public Works. All extra work shall be adjusted
daily upon report sheet furnished by the Contractor, prepared by the Director of Public Works, and
signed by both parties, and said daily report shall be considered thereafter the true records of extra
work done.
3. Tenn. This Agreement shall commence on July 1, 2012 and shall remain in effect until the tasks
described herein are completed to the City's approval, but in no event later than June 30, 2015,
unless sooner terminated pursuant to Section 12 of this Agreement. Additionally, there shall be
three (3) one-year options to renew the Agreement with the mutual written consent of both parties.
If not renewed prior to the anniversary date, the Agreement may continue on a month to month
basis under the same terms and conditions as this Agreement for a maximum period not to exceed
six (6) months or until renewed or awarded to a new contractor, whichever is less.
4. Time, Time is of the essence in this Agreement.
5. Force Majeure. Neither the City nor Contractor shall be responsible for delays in performance
under this Agreement due to causes beyond its control, including but not limited to acts of God,
acts of the public enemy, acts of the Government, fires, floods or other casualty, epidemics,
earthquakes, labor stoppages or slowdowns, freight embargoes, unusually severe weather, and
supplier delays due to such causes. Neither economic nor market conditions nor the financial
condition of either party shall be considered a cause to excuse delay pursuant to this Section. Each
party shall notify the other promptly in writing of each such excusable delay, its cause and its
expected delay, and shall upon request update such notice.
6. Compensation. in consideration of the services rendered hereunder, City shall pay Contractor a
not to exceed amount of One Hundred Sixty Nine Thousand Eight Hundred and Thirty Two
C-1
7
dollars ($169,832) in accordance with the prices as submitted in Contractor's Proposal, attached
hereto as Exhibit "B" and incorporated herein by this reference.
7. Pa rests. City shall make payments within thirty(30) days after receipt of an undisputed and properly
submitted payment request from Contractor. City shall return to Contractor any payment request
determined not to be a proper payment request as soon as practicable, but not later than seven (7) days
after receipt, and shall explain in writing the reasons why the payment request is not proper.
A payment shall be made as the City Council of the City prescribes upon estimates approved by the
City Council. However, progress payments shall not be made in excess of ninety-five percent (95%)
of the percentage of actual work completed plus a like percentage of the value of material delivered on
the ground or stored subject to, or under the control of, the City, and unused. The City shall withhold
not less than five percent (5%) of the Agreement price until final completion and acceptance of the
Project. However, at any time after fifty percent (50%) of the work has been completed, if the City
Council of the City finds that satisfactory progress is being made, it may, at its discretion, make any of
thexemaining progress payments in fiill for actual work completed.
8. Substitute Security.
a. At the written request and expense of Contractor, securities equivalent to any moneys
withheld by the City to ensure performance under this Agreement shall be deposited with
the City, or with a state or federally chartered bank in the State of California as the escrow
agent, that shall then pay those moneys to Contractor. Upon satisfactory completion of the
Agreement, the securities shall be returned to Contractor.
b. Alternatively, Contractor may request that the City shall make payment of retentions
earned directly to the escrow agent at the expense of Contractor. At the expense of
Contractor, Contractor may direct the investment of the payments into securities, and
Contractor shall receive the interest earned on the investments upon the same terms
provided for securities deposited by Contractor. Upon satisfactory completion of the
Agreement, Contractor shall receive from the escrow agent all securities, interest, and
payments received by the escrow agent from the City, pursuant to the terms of this
Section.
c. Securities eligible for investment shall include those listed in California Government Code
Section 16430, bank or savings and loan certificates of deposit, interest-bearing demand
deposit accounts, standby letters of credit, or any other security to which Contractor and
the City mutually agree in writing. Contractor shall be the beneficial owner of any
securities substituted for moneys withheld and shall receive any interest thereon.
d. If Contractor elects to receive interest on moneys withheld in retention by the City, it shall,
at the request of any subcontractor performing more than five percent (5%) of Contractor's
total bid, make that option available to the subcontractor regarding any moneys withheld
in retention by Contractor from the subcontractor. Further mandatory details are provided
in Public Contract Code Section 22300(d), which is incorporated herein by this reference.
e. The escrow agreement for security deposits in lieu of retention shall be substantially
similar to the form provided in Public Contract Code Section 22300(f), which is
incorporated herein by this reference.
9. Taxes. Contractor shall calculate payment for all sales, unemployment, old age pension and other taxes
imposed by local, State of California and federal law. These payments are included in the total
amounts in Exhibit `B."
10. Audit. The City or its representative shall have the option of inspecting and/or auditing all records and
other written materials used by Contractor in preparing its billings to the City as a condition precedent
C-2
C•
•
to any payment to Contractor. Contractor will promptly furnish documents requested by the City.
Additionally, Contractor shall be subject to State Auditor examination and audit at the request of the
City or as part of any audit of the City, for a period of three (3) years after final payment under this
Agreement.
11. Unresolved Disputes. In the event that a dispute arises between the City and Contractor regarding
whether the conditions materially differ, involve hazardous waste, or cause a decrease or increase in
Contractor's cost of or time required for performance of any paid of the work, Contractor shall not be
excused from any scheduled completion date provided for by the Agreement, but shall proceed with
all work to be performed under the Agreement. Contractor shall retain any and all rights provided that
pertain to the resolution of disputes and protests between the parties. In the event of any dispute or
controversy with the City over any matter whatsoever, Contractor shall not cause any delay or
cessation in or of work, but shall proceed with the performance of the work in dispute. This includes
disputed time extension requests and prices for changes. The disputed work will be categorized as an
"unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court
of law. Contractor shall keep accurate, detailed records of all disputed work, claims and other
disputed matters. Public Contract Code Sections 20104 et sect. and Rancho Palos Verdes Municipal
Code chapter 3.24 ("Claims Against the City") shall govern the procedures of the claim process, and
these provisions are incorporated herein by this reference.
12. Termination. This Agreement may be canceled by the City at any time with or without cause without
penalty upon thirty (30) days' written notice or by the Contractor at any time with or without cause
without penalty upon ninety (90) days' written notice. In the event of termination by the City without
fault of Contractor, City shall pay Contractor for all services satisfactorily rendered prior to date of
termination, and such payment shall be in full satisfaction of all services rendered hereunder.
13. Incorporation by Reference. All of the following documents are attached hereto and incorporated
herein by this reference: City of Rancho Palos Verdes Instructions for Execution of instruments;
Insurance Requirements for the City of Rancho Palos Verdes .Public Works Contract; Workers'
Compensation Certificate of Insurance; indemnification and Hold Harmless Agreement and Waiver of
Subrogation and Contribution; Additional Insured Endorsement (Comprehensive General Liability);
Additional Insured Endorsement (Automobile Liability); and Additional Insured Endorsement (Excess
Liability).
14. Antitrust Claims, Contractor offers and agrees to assign to the City all rights, title, and interest in and
to all causes of action it may have under Section 4 of the Clayton Act (l 5 U. S.C. Sec. 15) or under the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California
Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the
Agreement. This assignment shall be made and become effective at the time the City tenders final
payment to Contractor without further acknowledgment by the parties.
15. Trenching and Excavations. If the project involves trenching more than four (4) feet deep, Contractor
shall promptly and before the following conditions are disturbed notify the City in writing of any:
material that Contractor believes may be material that is hazardous waste, as defined in California
Health and Safety Code Section 25117, that is required to be removed to a Class I, Class 11, or Class III
disposal site in accordance with provisions of existing lav; subsurface or latent physical conditions at
the site differing from those indicated; or unknown physical conditions at the site of any unusual
nature, different materially from those ordinarily encountered and generally recognized as inherent in
work of the character provided for in the Agreement. The City shall promptly investigate the
conditions, and if the City finds that the conditions do materially differ or do involve hazardous waste
and cause a decrease or increase in Contractor's cost of or the time required for performance of any
part of the work, the City shall issue a change order.
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16. Utilities, The City acknowledges its responsibilities under Government Code section 4215 and
incorporates that section herein by this reference.
17. Location of Existing Elements. The methods used and costs involved to locate existing elements,
points of connection and all construction methods are Contractor's sole responsibility. Accuracy of
information furnished, as to existing conditions, is not guaranteed by the City. Contractor, at its sole
expense, must make all investigations necessary to determine locations of existing elements, which
may include, without limitation, contacting U.S.A. Alert and other private underground locating
firm(s), utilizing specialized locating equipment and/or hand trenching.
18. Independent Contractor. Contractor is and shall at all times remain, as to the City, a wholly
independent contractor. Neither the City nor any of its agents shall have control over the conduct of
Contractor or any of the Contractor's employees, except as herein set forth, and Contractor is free to
dispose of all portions of its time and activities which it is not obligated to devote to the City in such a
manner and to such persons, firms, or corporations at the Contractor wishes except as expressly
provided in this Agreement. Contractor shall have no power to incur any debt, obligation, or liability
on behalf of the City, bind the City in any manner, or otherwise act on behalf of the City as an agent.
Contractor shall not, at any time or in any manner, represent that it or any of its agents, servants or
employees, are in any manner agents, servants or employees of City. Contractor agrees to pay all
required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold the
City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by
reason of the independent contractor relationship created by this Agreement. Contractor shall fully
comply with the workers' compensation law regarding Contractor and its employees. Contractor
further agrees to indemnify and hold the City harmless from any failure of Contractor to comply with
applicable workers' compensation laws. The City shall have the right to offset against the amount of
any compensation due to Contractor under this Agreement any amount due to the City from Contractor
as a result of its failure to promptly pay to the City any reimbursement or indemnification arising
under this Section.
19. Prevailinng`Wages. City and Contractor acknowledge that this project is a public work to which
prevailing wages apply. The Agreement to Comply with California Labor Law Requirements is
attached hereto and incorporated herein by this reference. Eight hours of labor constitutes a legal day's
work.
20. Workers' Compensation Insurance. California Labor Code Sections 1860 and 3700 provide that every
contractor will be required to secure the payment of compensation to its employees. In accordance
with the provisions of California Labor Code Section 1861, the Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for workers' compensation or to under take self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract."
21. Subcontracting. Contractor shall adhere to all provisions of the Subletting and Subcontracting Fair
Practices Act, Public Contract Code Section 4100 et seq., which is incorporated herein by this
reference.
22. Nondiscriminatory Emplovrnent. Contractor shall not unlawfully discriminate against any
individual based on race, color, religion, nationality, gender, sex, sexual orientation, age or
condition of disability. Contractor understands and agrees that it is bound by and will comply with
the nondiscrimination mandates of all statutes and local ordinances and regulations.
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23. Debarred, Suspended or Ineligible Contractors. Contractor shall not be debarred throughout the
duration of this Agreement. Contractor shall not perform work with debarred subcontractor pursuant
to California Labor Code Section 1777.1 or 1777.7.
24, Compliance with Laws, Contractor shall comply with all applicable federal, state and local laws,
ordinances, codes and regulations in force at the time Contractor performs pursuant to this
Agreement.
25. Bonds. Contractor shall obtain faithful performance and payment bonds as required by law, and
nothing in this Agreement shall be read to excuse this requirement. The required forms entitled
Payment Bond (Labor and Materials) and Performance Bond are attached hereto and incorporated
herein by this reference.
26. Contractor's Representations, Contractor represents, covenants and agrees that: a) Contractor is
licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform
the, services in accordance with the terms and conditions set forth in this Agreement; b) there are no
obligations, commitments, or impediments of any kind that will limit or prevent its full performance
under this Agreement; c) there is no litigation pending against Contractor, and Contractor is not the
subject of any criminal investigation or proceeding; and d) to Contractor's actual knowledge, neither
Contractor nor its personnel have been convicted of a felony.
27. Conflicts of Interest. Contractor agrees not to accept any employment or representation during the term
of this Agreement or within twelve (12) months after completion of the work under this Agreement
which is or may likely make Contractor "financially interested," as provided in Government Code
Section 1090 and 87100, in any decisions made by City on any matter in connection with which
Contractor has been retained pursuant to this Agreement.
28. Third Party Claims. City shall have full authority to compromise or otherwise settle any claim relating
to the Agreement at any time. City shall timely notify Contractor of the receipt of any third -party claim
relating to the Agreement. City shall be entitled to recover its reasonable costs incurred in providing
this notice.
29. Non -Assignability; Subcontracting. Contractor shall not assign or transfer any interest in this
Agreement nor any part thereof, whether by assignment or novation, without the City's prior written
consent. Any purported assignment without written consent shall be null, void, and of no effect, and
Contractor shall hold harmless, defend and indemnify the City and its officers, officials, employees,
agents and representatives with respect to any claim, demand or action arising from or relating to any
unauthorized assignment.
30. Applicable Law. The validity, interpretation, and performance of this Agreement shall be controlled
by and construed under the laws of the State of California, excluding California's choice of law rules.
Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior
Court,
31. Attorneys' Fees. If any legal action or other proceeding, including action for declaratory relief, is
brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or
misrepresentation in connection with this Agreement, the prevailing party shall be entitled to recover
reasonable attorneys' fees, experts' fees, and other costs, in addition to any other relief to which the
party may be entitled.
32, Titles. The titles used in this Agreement are for convenience only and shall in no way define, limit or
describe the scope or intent of this Agreement or any part of it.
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33. Authority. The person executing this Agreement on behalf of Contractor warrants and represents that
he or she has the authority to execute this Agreement on behalf of Contractor and has the authority to
bind Contractor to the performance of its obligations hereunder.
34. Entire A reeg rnent. This Agreement, including any other documents incorporated herein by specific
reference, represents the entire and integrated agreement between City and Contractor. This
Agreement supersedes all prior oral or written negotiations, representations or agreements. This
Agreement may not be modified or amended, nor any provision or breach waived, except in a writing
signed by both parties which expressly refers to this Agreement.
35, Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of
any matter herein, the interpretation of this Agreement shall not be resolved by any rules of
interpretation providing for interpretation against the party who causes the uncertainty to exist or
against the party who drafted the Agreement or who drafted that portion of the Agreement,
36. Non -waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the
conditions of performance under this Agreement shall not be a waiver of any other condition of
performance under this Agreement. In no event shall the making by the City of any payment to
Consultant constitute or be construed as a waiver by the City of any breach of covenant, or any default
which may then exist on the part of Consultant, and the making of any such payment by the City shall
in no way impair or prejudice any right or remedy available to the City with regard to such breach or
default.
37. Notice. Except as otherwise required by law, any notice or other communication authorized or
required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery
if delivered by hand or overnight courier service during Contractor's or City's regular business hours
or (b) on the third business day following deposit in the United States mail, postage prepaid, to the
addresses listed below, or at such other address as one party may notify the other:
To CITY:
Mr. Tom Odom, Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
To CONTRACTOR:
The address listed in Exhibit `B."
38. Counterparts. This Agreement maybe executed in counterpart originals, duplicate originals, or both,
each of which is deemed to be an original for all purposes.
39. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall
continue in full force and effect.
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IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first
above written,
ATTEST:
P �'k
By:
City Clerk
CITY N 0 ALO
By:= i SVERPE.
May
APPROVED AS TO FORM:
L -In
City Attorney
Dated:_' o C"- f
("CONTRACTOR"L
i 1.
By:
Printed aq
Title:
By:
Printed Name:
Title:
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r e
City Clerk's Office
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
AMERICAN
CLAIMS
MANAGEMENT
Innovative Solutions
Exceptional Results
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