RPVCCA_SR_2011_06_07_05_Mia_Lehrer_Skate_ParkCITY OF
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
_...._RABLE OR &CITY COUNCIL MEMBERS
ODOM,DIRECTOR,RECREATION AND PARKSI
DEPUTY DIRECTOR,PUBLIC WORKS
JUNE 7,2011
CONTRACT AMENDMENT WITH MIA LEHRER &
ASSOCIATES FOR SKATE PARK P~~IC OUTREACH
CAROLYN LEHR,CITY MANAGER ~
Staff Coordinator:Katie Howe,Administrative Analyst II ~
RECOMMENDATION
(1)Approve an amendment to agreement with Mia Lehrer &Associates in the amount
of $9,000 for public outreach to solicit community input and to provide analysis on the
feasibility of constructing a skate park at Lower Hesse Park,and (2)adopt Resolution
No.2011-__, a resolution of the City Council of the City of Rancho Palos Verdes
amending Resolution No.2010-55,the budget appropriation for FY10-11,to amend the
General Fund and Capital Improvement Project Fund budgets.
BACKGROUND
As part of the 2010 Tactical Plan,City Council set the Tactical Goal to improve access
and active recreation at City parks,with a sub goal of improving Lower Hesse and
Grandview parks.In response,staff created conceptual renderings depicting
improvements to both parks.In November 2009,City Council approved the conceptual
improvements as a starting point and directed staff to retain a landscape architect to
develop alternative conceptual designs for each park,and to implement a robust
community outreach campaign.
In April 2010,Council approved a contract with landscape architect Mia Lehrer &
Associates (ML+A),and staff worked with ML+A throughout the summer and fall of
2010 on a robust outreach campaign and creation of conceptual designs.At the
December 7,2010 Council Meeting,City Council reviewed the conceptual designs for
Grandview Park (Sycamore Plan and Oak Plan)and directed staff to proceed with the
environmental review process for the Sycamore Plan.At the November 16,2010
Council Meeting,Council reviewed the conceptual designs for Lower Hesse Park
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Contract Amendment for Skate Park Outreach
June 7,2011
Page 2
(Pacific Plan and Catalina Plan).Skate Park Palos Verdes,a grass roots organization
promoting building skate parks on the Peninsula,attended the Council Meeting and
expressed the popularity of skate parks,the absence of skate parks on the Peninsula,
and asked City Council to consider constructing a skate park at Lower Hesse Park.City
Council directed staff to reopen the public outreach process to consider the inclusion of
a skate facility within the Pacific Plan of Lower Hesse Park,and to conduct research
and analysis on skate parks and skate park operation.
Once skate park outreach and research is completed,staff will present it to Council.If
Council chooses to include a skate park in the conceptual improvement plans for Lower
Hesse Park,staff will include the element in the environmental review process for the
park.
DISCUSSION
As part of public outreach to consider a skate park within Lower Hesse Park,staff is
recommending Mia Lehrer &Associates conduct one community workshop,with a
format similar to the project's previous community workshops.At the workshop,the
consultant will share revised variations of the Pacific Plan that include skate park
elements,will engage the assistance of their staff experienced in skate parks,and will
solicit stakeholder feedback,ideas,and concerns.
As part of the consultant's proposal under consideration,ML+A will:
•Attend meetings with staff to prepare for the community workshop
•Provide analysis on opportunities and constraints associated with the inclusion of
a skate park into the Pacific Plan
•Evaluate skate park program types (bowl vs.plaza)
•Provide two options for positioning the skate park into the Pacific Plan
•Provide site line and topography analysis on the two potential locations of the
skate park
•Provide cost estimates for a skate park placed within the Pacific Plan
To notify the community of the workshop and to augment public outreach,staff will
place banners at prominent locations in the City,place information on the City's
website,send Iistserv messages,place notification on RPV Channel 33,place fliers at
City parks and throughout the community,issue press releases to the Daily Breeze,Los
Angeles Times,and Peninsula News publications,and provide updates at televised City
Council Meetings.
ALTERNATIVE
If the Council does not wish to pursue a skate park at this site,then there would be no
need for public outreach on that subject and no need to amend the contract with ML +A.
FISCAL IMPACT
This amendment increases the existing contract with Mia Lehrer &Associates in the
amount of $9,000.If approved by City Council,$9,000 will be appropriated in the Parks,
Trails &Open Space Improvements program of the CIP Fund.The requested
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Contract Amendment for Skate Park Outreach
June 7,2011
Page 3
adjustment would require a funding transfer from the General Fund.Below is the
related fiscal impact matrix.
FISCAL IMPACT MATRIX
Proposed Project BUdget
Attachments:
Resolution No.2011-_
General Fund Reserve Schedule
Mia Lehrer &Associates Agreement Amendment
Original Agreement dated April 6,2010
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Attachment
Resolution No.2011-__
5-4
RESOLUTION NO.2011-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES,AMENDING RESOLUTION NO.2010-55,THE BUDGET APPROPRIATON
FOR FY10-11,TO AMEND THE GENERAL FUND AND CAPITAL IMPROVEMENT
PROJECT FUND BUDGETS.
WHEREAS,on June 15,2010,the City Council of the City of Rancho Palos Verdes
adopted Resolution No.2010-55,approving the City's budget for FY10-11;and
WHEREAS,the City is desirous of holding thorough public outreach for the
consideration of a skate park facility within Lower Hesse Park;and
WHEREAS,on April 20,2010 City Council awarded a contract in the amount of $49,750
to Mia Lehrer and Associates for community outreach and the creation of conceptual
park designs for Lower Hesse and Grandview Parks;and
WHEREAS,On November 16,2010 Council reviewed the public outreach results and
the consultant's conceptual designs created for Lower Hesse Park and directed staff to
reopen the public outreach process for the consideration of a skate park facility within
Lower Hesse Park;and
WHEREAS,Mia Lehrer &Associates is a prestigious firm with familiarity with the project
and past success with the project's public outreach element;and
WHEREAS,it is beneficial to maintain a professional,independent method of public
outreach for programming considered for Lower Hesse Park,especially programming
as complex and impactful as a skate park facility;and
WHEREAS Mia Lehrer &Associates has submitted a proposal in the amount of $9,000
to perform the public outreach and make any associated revisions to the Lower Hesse
Park design plan;
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND,DETERMINE,AND RESOLVE AS FOLLOWS:
The following adjustments be made to the FY10-11 budget:
Increase the General Fund Budget as follows:
Transfers Out #101-6000-491-91-00 To CIP Fund
Increase the Capital Improvement Fund Budget as follows:
Transfers In #330-3033-391-10-00 From General Fund
Park Improv #330-3033-461-32-00 Professional Services
$9,000
$9,000
$9,000
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PASSED,APPROVED,AND ADOPTED THE 7th DAY OF JUNE 2011.
Mayor
Attest:
City Clerk
State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes )
I,Carla Morreale,City Clerk of the City of Rancho Palos Verdes,hereby certify that the
above Resolution No.2011-_was duly and regularly passed and adopted by the said
City Council at regular meeting thereof held on June 7,2011.
City Clerk
5-6
Attachment
General Fund Reserve Schedule
5-7
FY10·11 Statement of Estimated General Fund Reserves Attachment A
Ad"ustments:
FAA Consultant for Proposed Class C Airspace
Chan e
FY09-10 Year-End Ad"ustments
COBG Reallocation
Proposition A Exchange with the City of Rolling
Hills
March Special Election Cost
FY09-10 Final Results
Mid ear Financial Report
GASB 54 1m lementation
View Restoration Mediator
8/17/2010
91712010
91712010
9/21/2010
10/5/2010
2/1/2011
2/15/2011
4/19/2011
5/312011
Beginning
Reserves
61,610
418,087
Revenues
1,005,000
15,000
48,750
80,000
47,120
7,000
Net Transfers
60,000
Ending
Reserves
Net Transfers include both operating transfers from and to the General fund.Originally budgeted Net Transfers are adjusted when staff becomes aware that
an additional 0 eratin transfer is needed to satis an unantici ated shortfall within another fund;and that shortfall must be funded with General fund monies.
Ending Reserves are the estimated 6/30/10 General fund reserves at the time of budget adoption.Adjusted Ending Reserves is a calculation based on
subse uent ad'ustments to Be innin Reserves Revenues Ex enditures and Net Transfers,
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Attachment
Mia Lehrer &Associates Agreement Amendment
5-9
FIRST AMENDMENT TO AGREEMENT BETWEEN
MIA LEHRER &ASSOCIATES AND THE CITY OF RANCHO PALOS VERDES
This amendment agreement ("First Amendment")is an amendment to the professional
landscape architecture services agreement between the City of Rancho Palos Verdes,a municipal
corporation ("CITY")and Mia Lehrer &Associates ("CONSULTANT"),dated April 6,2010
("Agreement").This First Amendment is effective as of June 7,2011 and is being made to
extend the scope of work and compensation therefor.
RECITAL5:
A.On April 6,2010,CITY and CONSULTANT entered into the Agreement
regarding professional landscape architecture services.
B.Section 1.2 of the Agreement states that CONSULTANT will perform the
services as described in the CITY's Request for Qualifications.Section 2.1(a)of the Agreement
states that the CITY will compensate CONSULTANT for services in accordance with its
submitted proposal,which was attached as Exhibit A.
C.CITY and CONSULTANT now wish to amend the Agreement to expand the
scope of work.In consideration for such extra work,the CITY and CONSULTANT wish to
further amend the Agreement to provide additional compensation.
NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of
which is hereby acknowledged,the parties hereto agree as follows:
Section 1.Section 1.2 of the Agreement is hereby amended to read as follows:
CONSULTANT shall perform services described in the CITY's Request for
Qualifications ("RFQ"),which is attached hereto and incorporated herein by this reference,and
in the Additional Scope of Work,which is attached hereto as Exhibit B and incorporated herein
by this reference.
Section 2.Section 2.1(a)of the Agreement is hereby amended to read as follows:
CITY agrees to compensate CONSULTANT for services described in the RFQ in
accordance with thehourly rates and reimbursable expenses in the CONSULTANT's Statement
of Qualifications,which is attached hereto as Exhibit A and incorporated herein by this
reference,up to the total amount of forty-nine thousand seven hundred and fifty dollars
($49,750).Additionally,CITY agrees to compensate CONSULTANT for services described in
Exhibit B in accordance with the hourly rates and reimbursable expenses listed in Exhibit A up
to the total amount of nine-thousand dollars ($9,000),for a new not-to-exceed total amount of
fifty-eight thousand seven hundred and fifty dollars ($58,750).
Section 3.Except as expressly amended by this First Amendment,all of the other
provisions of the Agreement shall remain in full force and effect.
Error!Unknown document property name.
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IN WITNESS WHEREOF,the parties hereby execute this First Amendment as of the
date first written above.
Dated:_
Dated:,_
ATTEST:
CITY CLERK
Error!Unknown document property name.
2
MIA LEHRER &ASSOCIATES
BY:_
BY:_
CITY OF RANCHO PALOS VERDES
BY:------------MAYOR
5-11
+associates
27 January 20 II
Mr.Tom A Odom,Interim Manager
Parks Open Space and Trails
Public Works Department
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275-5391
Re:Request for Proposal -Landscape Architecture Extra Services -
for Skate Park Program inclusion into Lower Hesse Park
Dear Mr.Odom:
We are pleased to see the City's commitment in moving forward with the planning of Lower Hesse
Park and for our continued involvement in working with the City of Rancho Palos Verdes.
The extra services for additional work as requested:
•Prepare for and conduct a community meeting for inclusion of the skate park program into
Lower Hesse Park
•Incorporate the skate park program into the conceptual plans previously developed for this
park as presented to the City Council in November of 20 IO.
•Prepare cost estimate for inclusion of program.
•Review and make adjustments to the court sport program locations within the park
•Prepare and present to the Rancho Palos Verdes City Council.
We have estimated fees for the added scope to be:$9,000
tr:J 2133843844
fax 213 384 3833
3780 WJlshire Blvd.swk 250
Los Angeles,Ca.90010
t>DlJlil office@mlagreen.com
5-12
Rancho Palos Verdes -Lower Hesse Park
January 27,2011
Page2of4
SCOPE OF SERVICES
Services shall be provided in one phase.The Consultant shall proceed with the work only upon
authorization by the Owner.The Consultant's work will include:
CommunitY Workshop
The Consultant shall work with the city staff.and city designated stakeholders to prepare for a
community workshop to review the feasibility of inclusion of a skate park program within Lower
Hesse Park
I.Community Workshop Preparation:
Attendance of up to two (2)preparation meetings with the Client and/or stakeholder
group to prepare for the community workshop.
a.Preparation to include development of:
i.Opportunities and Constraints for inclusion of skate park program.
ii.Evaluation of skate park program types (i.e.:Bowl Skate Park vs.Plaza
Park).
iii.Siting of skate park program -two (2)options.
iv.Site Section development two (2)total to review site line studies and
program topography within park site.
v.Concept Plan revisions for incorporation of skate park program.
vi.Probable cost for Skate Park
2.Conduct Community Workshop:
a.Review finding and concepts with the Community.
b.Debriefing Meeting with City Staff to review input from Community.
CitY Council Presentation
Present skate park program findings to the Rancho Palos Verdes City Council:
I.Prepare power point and concept boards of findings and concepts for skate park program
incorporation within Lower Hesse Park for a presentation to the City Council.
2.Review presentation with City Staff one (I)meeting.
3.Present at City Council Meeting.
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+associates
Invoices shall be issued on a percentage of completion of this scope of services.
Fixed Fee Compensation:
~~'iDJited BciOJbYl:liibl~
Total:
$8,000.00
:&1,QQQ,gQ
$9.000.00
Reimbursable expenses as described below will be billed on a monthly basis in addition to professional
fees and are due 30 days from the date of the invoice.
Fee:
Payment:
$9,000.00
Lump sum to be billed on a percentage of completion bases
All other terms and conditions are per the original contract.
Thank you for continuing to consider our firm for your project.We look forward to speaking with
you further upon your review of these extra services.
Mia Lehrer
MLA Green,Inc.,a California Corporation
d.b.a:Mia Lehrer +Associates
Client
Januarx 27.20 I I
Date
&:1 2133843844
Jia 2133843833
3780 WIlshire Blvd.suite 250
Los Angeles,Ca.90010
e-mail office@mlagreen.com
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Attachment
Mia Lehrer &Associates Original Agreement,dated April 6,2010
5-15
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 6th day of April 2010 j by and
between the City ofRanoho Palos Verdes hereinafter referred to as "CITY",and Mia Lehrer
&Assooiates,.hereafter referred to as "CONSULTANTI'.
IN CONSIDERATION of the covenants hereinafter set forth,the parties hereto
mutually agree .ss follows:
ARTICLE 1
SCOPE OF SERVICES
1.1 ProjeotDesgription
Professional landscape ArchitectOre Services
1.2 Description QfServices
QONSULTANT Shall perform Services described in CITY'S Request for
Qualiflpations (RFQ).
.
1.3 Schedule·of Work
Upon receit>t of written Notice to Proceed from the CITY,CONSULTANT
shall perfolTl'l with due dilisence the services requested by the CITY and agreed on by
CONSULTANT.CONSULTANT shall not be responsible for delay.nor shall
CONSULTANT be responsiblefor damages or be in default or deemed to be in default by
reason of strikes,lookouts,accidents,or acts of God,or the failure of CITY to furnish timely
informatlonor to appl"oveor disapprove CONSULTANT'S work promptly,or delay or faUlty
performance by CITY,other contractors,or governmental agenoies,or any other delays
beyond CONSULTANT'S oontrol or without CONSULTANT'S fault.
ARTICLE 2
COMPENSATION
2.1 Fee
(a)CITY agrees to compensate CONSULTANT for services in accordance
with attached (Exhibit -A)proposal submitted to the City at the time services are required.
(b)CITY may request additional speoified wol"k under this agreement.All
such work must be authorized in writing by the Director of Public Works or hisl her
designee prior to commencement.
Page 1 of 7
5-16
('
'.
2.2 Payment Address
All payments due CONSULTANT shall be paid to:
Mia L~hrer&Associates
3780 Wilshirebhfd.,Suite 250
Los Angeles,CA9QQ1 Q
2.3 Terms of Compensation
CONSULTANT will submit invoices rnonthlyfor the percentage of wor1<
completed in the previbusrnonth.CITY agrees to pay all undisputed .invoiceamounts
within thirty (30)days of receipt oftheinvoice.OITY agrees to use its bestefforts to notify
CONSULTANT ofsnydisputed invoice amOl,Jntsor claimed completion percentages within
ten (10)days of the re.ceiptof each invoice.However,..C1TY's failure to time.ly notify
CONSULTANT of a disputed amount of claimed completion percentage shall not be
deerned a waiver of CITYis righUo challenge such amount or percent;ige.
Additionally,in the event CITY fails to pay any undisputed amounts due
CONSUl.TANT wiihinfotty"fiVe (45)days after invoices are received by CITY fhen CITY
agre~s thatCONSULTANT shall have the right to considersCiid defcrulta totCiI breach of
this Agreement and be terminated by CONSUl.TANT without liability to CONSULTANT
upon ten (10)working days advCince written notice.
.2.4 Additional Services
CITY may request in writing that CONSUl.TANT perform additional services
not covered by the specific Scope of Work setforth in this Agreement,and CONSULTANT
shall perform such services and will be paid for such additional services in accordance with
CONSULTANT'S Standard Schedule of Hourly Rates.
ARTICLE 3
INDEMNIFICATION AND INSURANCE
3.1 Indernnification
CONSULTANT will defend,indemnify and hold harmless CITY,its Boards
and its officers,employeeS and agents (collectively "CITYn
),against any claim,loss or
liability that arises because of the sole or primary n.egligence or willful misconduct of
CONSULTANT,its agents,officers,directors or employees,in performing Ciny of the
serVices under this Agreement.
3.2 General Liability
CONSULTANT shall at all times during the term of the Agreement carry,
maintain,and keep in full force and effect,a policy or policies of Commercial General
Page 2 of 7
5-17
liability Insurance,with minimum limits of One Million ($1,000,000.00)Dollars for each
occurrence and.intheaggregate,combined single limit,againsfanypersonal injury,death~
loss atdamage resulting from the wrongful or negl.igent acts by CONSULTANT..Said
policy or policies shall be issued by an insurer admitted.to do business in the State of
California and rated in Best's Insurance Guide with a rating of A vn or better.
3.3 Professional liability
CONSULTANT shall at call tilnes during the term .of this Agreement,carry,
main~in,andkeepillfuUforceand effecta policy or poncies of professional liability
insurance 'Nith a minimum limit .of one million ($1,000,000.00)dollars ..Said policy or
policies shan be issued by en insurer admitted to do business inthe Slate of CalifornIa and
rated in Best's Insurance Guide wftba rating of A vn or better.
304 Workers Compensaticm
CONSULTANT.agrees to maintain in forCE)at all.times dUring the
performance of work under this Agreement work13r's compensation insurance as reqUired
by the law.CONSULTANT shall require any subcontractor similarly to provide such
compensatjoninsurancefor their respective employees..
3.5 Notice of Cancellation
A..All insurance policies shall provide that the insurance coverage Shall
not be canceled by the insurance carrier without thirty-(30)day's prior written notice to
CITY.CONSULTANTagrees that it will not cancelaI'reduce said insurance coverage.
B.CONSULTANT agrees that if it does not keep the aforesaid insurance
in full force and effect,CITY may either immediately terminate this Agreememt or,if
insurance is available at a reasonable cost,CITY may take out the necessary insurance
and pay,at CONSULTANT's expense,the premium thereon.
3.6 Certificate of Insurance
At all times during the term of this Agreement,CONSULTANT shall maintain
on file with the CITY Clerk a certificate of insurance showing that the aforesaid policies are
in effect in the required amounts.The commercial general liability and professional liability
policy or policies shall contain endorsements naming the CITY,its officers,agents and
employees as additional insured.
3.7 Primary Coverage
The insurance provided by CONSULTANT shaH be primary to any coverage
available to city.The insurance policies (other than workers'compensation and
professional liability)shall include prOVisions for waiver of subrogation.
Page 3 of 7
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ARTICLE 4
TERMINATION
4.1 Termination of'Agreement
(a,This AQreement may be terminated at anytiille,withor\Nithout cause,
by either party upon$i)dy-(60)cia¥'$,prior written notice-.Notice shall be deemed served
upon deposit in the United States Mail of a certified or registered letter,postage prepaid.
return receipt requested,addressed to the other party,or upon personal service of such
notioe to the other party,aUhe address $etforlh in Artiole 6.12.
(b)In the event of termination or cancellation of this .Agreement by
CQNSULTANTor CITY,due to no fault or failure of performance by CONSULTANT,
CONSULTANT shall be.paid compensation for allservice$performed by CONSl,jLTANTj
in an arnounUb be determined as follow$:forwork:done in accordance with all onhe terms
andprovisibn$of this Agreement.CONSULTANT shall be paid anambunt equal to the
peroentage of services performed priorto the effeetivedate of termination or cancellation in
f;:iooordance with the work items;provided,in no event shall the amount .of money paid
under the foregoing ptbvislons of this paragraph exceed the amount which would.have
been paid to CONSULTANT for the fUll performance of the services described in Article
2.1.
ARtiCLE 5
OWNERSHIP OF DOCUMENTS
5.1 Ownership of Documents and Work Product
All plans,specifications,reports and other design documents prepared by
CONSULTANT pursuant to this Agreement are instruments of service,which shall be
deemed the property of the CITY.CITY acknowledges and agrees that all plans,
specifications,reports and other design documents prepared by CONSULTANT pursuant
to this Agreement shall be used exclusively on this Project and shall not be used for any
other work without the written consent of CONSULTANT.In the event CITY and
CONSULTANT permit the reuse or other use of the plans,specifications,reports or other
design documents,CITY shall require the party using them to indemnify and hold harmless
CITY and CONSULTANT regarding such reuse or other use,and CITY shall require the
party using them to efiminate any and all references to CONSULTANT from the plans,
specifications,reports and other design documents.If a document is prepared by
CONSULTANT on a computer,CONSULTANT shall prepare such document in a
Microsoft®Word format;in addition,CONSULTANT shall provide CITY with said document
both in a printed and electronic format.
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ARTICLE 6
GENERAL PROVISIONS
6.1 Regresentatibn
A City representative shall be designated by the City Manager and a
CONSULTANT.repres'Emt8ttveshaU be desi"nated by CONSULTANT as the primary
contact person for each party regarding perfo.rmance of this Agreement.
6.2 Fair Employment practiceslEgualOpportunity Acts
In the performance ofthis.Agreement.CONSULTANTshal1 comply with ,aU
applicable provisions of the ..California Fair ".Employment Practices Act (California
Government Code Sections 12$4048)and the applicable equal employment prOVIsions of
the Civi.1 Rights Act of 1964 (42 U.S.C.200e-217}.and the Americans with Disabilities Act
of 1992 (42 u.s,C.§11200,et seq.)..
6.3 Personnel
CONSULTANT represents that it has,or shall secure at its own expense,all
personnel reqUired to perform CONSULTANT's services under this Agreement.Any
person who performs landscape architectural services pursuant to this Agreement shaUbe
licensed as an Architect by the State of California and in good standing.CONSULTANT
shall make reasonable efforts to maintain the continuity of CONSULTANT's staff Who are
assigned to perform the services hereunder and shall obtain the approval oUhe Director of
Public Works or.his/her designee of all proposed staff members who win perform such
services.CONSULTANT mliilY associate with or employ associates orsubconsultants in
the performance of its services under this Agreement,but at all times shall be responsible
for their services.
6.4 Conflicts of Interest
CONSULTANT agrees not to accept any employment or representation
during the term of this Agreement orwithin twelve (12)months after completion of the work
under this Agreement Which is or may likely make CONSULTANT "financially interested"
(as provided in California Government Code Section 1090 and 87100)in any decisions
made by CITY on any matter in connection with which CONSULTANT has been retained
pursuant to this Agreement.
6.5 Legal Action
(a)Should either party to this Agreement bring legal action against the
other,the case shall be brought in a court of competent jurisdiction in Los Angeles County,
California,and the party prevailing in such action shall be entitled to recover its costs of
Page 5 of 7
5-20
liti~?ltib",including reasonable attomeys'fee Which shall be fixe<:i by the judge hearing the
case and soch fee shall be included in the ju,dgment,
(1:0.ShQulcianylegal actionaboot the project between CITY and a party
other than CON SULTAtilT ,require the testimony of CONSUl-TJ.\NTWhent~ere .is .~o
allegation that CONSULTANTwasnegUgent,CITY shaU compensate CONSULTANT fdrits
testimony and preparation to testify at the hourly Feates in effect at the time ofsach
testimony.
6.6 Assignment
This.Agreement shaf!m:)t be assignable.by either party without the prior
written consent of the other partY.
Notwithstandin~theabove,OO.NSULTANT may use the serviceS of persons
and entities not in CONSULTANT'S direct emplQY,When jtisappropliateandcustomarylo
do so.Such persons and entitiesiocluqel bot aTe not necessarily limited to,stUVeYOfl:t1
sp,8cializedconsu.ltants,and testing laboratories.CONSULTANT'S use of SUPcontractors
fQr additicJnal s.ervices shalf not be unreasonably restricted by the CITY provided
CONSULTANTnotifies the CITY inadvam~e.
6.7 IndependenfContractor
CONSULTANT Is andshaU at all times remain,ss to the CITY,a WhO.lly
independent CONTRACTOR..Neither the CiTY nor anY of its agents shall have .control
ove~the conduct of CONSULTANT or any of the CONSULTANT's employees,exceptas
herein set forth.CONSULTANT expressly warrants not to,at anytime orin any manner,
representthatit,.or any of its agents,servants Or employees,are in i:}ny manner agents,
servants or employees of CITY,it being distinctly understood that CONSULTANT is,and
shall at all times remain to CITY,a wholly independent contractor and CONSULTANT's
obligations to CITY are solely such as are prescribed by this Agreement.
6.8 Hazardous Materials
Unless otherwise provided in this Agreement,CONSULTANT and its
subconsultants and/or contractors shall have no responsibility for the discovery,presence,
handling,removal or disposal of,or exposure of persons to hazardous materials in any
form at the site bf the Project.
6.9 Titles
The titles used in this Agreement are for general reference only and;are not
part of the Agreement.
6.10 Extent of Agreement
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(
This Agreement represents the entire and integrated Agreement betwteen
CITY and CONSU~TANT and supersedes all prior negotllation$,repre$entations or
agreements,either written or oral.This Agreement may be modified or amended only bya
SUbsequent written agreement signed by both parties.
6.11 Notices
AU notices pertaining to this Agreement $hall be in writing artd addressed as
follows:
Ifto CONSULTANT:
Mia Lehrer Assooiates
37SQWiI$hire bhfd.,Suite 250
Los .Angeles,CA9001 0
Ifto CITY:
Mr.Raymond Holland,Director of public Works
CltY of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275
IN WITNESS WHEREOF ,the parties hereto have executed this Agreement as of
the date and yearfitst above Written.
Dated:_--:.A.:cp:.:.:ri.:..;,:16=,.,.::2:.::.01.:.,:O:-_
BY:~~=.-:.....-
Tttle F(.es/d~
CITY OF RANCHO PALOS VERDES
A Municipal Corporation
April 6.2010Dated:----'--=.:;..:;~-=:.;::.~-----
MAYOR
City of Rancho Palos Verd
Page 7 of 7
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CITY CLERK
Page 8 of 7
(,
5-23