RPVCCA_CC_SR_2011_09_06_F_Skate_Park_And_Dog_Park_Site_AnalysisCrrvOF RANCHO PALOS VERDES
TO:
FROM:
DATE:
HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
TOM ODOM,RECREA ION AND PARKS DIRECTOR!PUBLIC WORKS
DEPUTY DIRECTO .
SEPTEMBER 6,201
SUBJECT:AGREEMENT FOR SKATE PARK AND DOG PARK COMMUNITY
OUTREACH AND SITE ANALYSIS
REVIEWED:CAROLYNN PETRU,DEPUTY CITY MANAGER®
Staff Coordinator:Katie Howe,Administrative Analyst II ~
RECOMMENDATION
(1)Approve an agreement with Mia Lehrer &Associates in the amount of $24,400.00
for public outreach and site analysis to consider both a skate park and a dog park on
the Peninsula;and,(2)Adopt Resolution No.2011-__, a Resolution of the City
Council of the City of Rancho Palos Verdes amending Resolution No.2011-44,the
budget appropriation for FY11-12,to amend the General Fund and Capital Improvement
Project Fund budgets.
BACKGROUND
In April 2010,Council approved a contract with landscape architect Mia Lehrer &
Associates (ML+A)to conduct community outreach and create conceptual designs for
Lower Hesse and Grandview Parks.At the November 16,2010 City Council Meeting,
as Council was considering conceptual designs for Lower Hesse Park,Skate Park
Palos Verdes,a grass roots organization promoting the creation of a skate park on the
Peninsula,asked City Council to consider constructing a skate park at Lower Hesse
Park.In response,City Council directed staff to reopen the public outreach process to
consider the inclusion of a skate facility within Lower Hesse Park,and to conduct
research and analysis on skate parks and skate park operation.
On June 7,2011,City Council considered and agreement with ML +A to conduct public
outreach and research to consider a skate park at Lower Hesse Park,and if necessary,
to alter the Lower Hesse Park conceptual design to include a skate park.While
considering the proposal,Council directed staff to renegotiate the scope of the work
with ML +A to include an expanded site analysis to consider other public and private
F-1
Agreement -Skate Park and Dog Park Site Analysis
September 6,2011
Page 2
property or leased property available in the City and on the Peninsula in general that
could potentially be used as a skate park,along with establishing a set of criteria to
evaluate the potential sites.
DISCUSSION
The attached draft professional services agreement has been reviewed by the City
Attorney and is presented for the Council's consideration (see attached).In addition to
a skate park,also included in the agreement is community outreach and site analysis
for a dog park.The City has received numerous requests for a dog park in recent years,
and performing the site analysis and outreach for dog parks concurrent with skate parks
is an efficient use of City resources,including staff time and funds.
The proposal submitted by Mia Lehrer &Associates includes:
•Preparation of skate park/dog park program evaluation and site location criteria;
•Preparation of site location studies;
•Conducting skate park/dog park stakeholder community workshops;and,
•Providing cost estimates for a skate park/dog park.
ALTERNATIVE
If the Council does not wish to pursue a skate park or dog park within the City,then
there is no need for this contract.
FISCAL IMPACT
If the agreement is approved,funds for the agreement in the amount of $24,400 will be
appropriated in the Parks,Trails &Open Space Improvements program of the CIP
Fund.The requested adjustment would require a funding transfer from the General
Fund.Below is the related fiscal impact matrix.
One-time &initial fiscal ear cost
Amount to add to future annual operating
bud et
Permanent addition to annual staff hours
Potential future savin s
Estimated fiscal year end available fund
balance after City Council action (net of
reserve level,if a Iicable
No
No
No
General Fund
24400
-$235,399
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Agreement -Skate Park and Dog Park Site Analysis
September 6,2011
Page 3
Attachments:
Resolution No.2011-_
General Fund Reserve Schedule
Mia Lehrer &Associates Agreement
F-3
Attachment
Resolution No.2011-__
F-4
RESOLUTION NO.2011-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES,AMENDING RESOLUTION NO.2011-44,THE BUDGET APPROPRIATON
FOR FY11-12,TO AMEND THE GENERAL FUND AND CAPITAL IMPROVEMENT
PROJECT FUND BUDGETS.
WHEREAS,on June 21,2011,the City Council of the City of Rancho Palos Verdes
adopted Resolution No.2011-44,approving the City's budget for FY 11-12;and
WHEREAS,the City is desirous of holding thorough public outreach for the
consideration of a skate park facility and a dog park facility on the Peninsula;and
WHEREAS,the City is desirous of preparing site criteria and conducting site analysis
for both skate park and dog park facilities;and
WHEREAS,Mia Lehrer &Associates is a prestigious firm with familiarity with outreach
to Rancho Palos Verdes residents and has past success with park design,analysis,and
community outreach;ahd.
WHEREAS,it is beneficial to maintain a professional,independent method of public
outreach and analysis for programming considered for City parks,especially
programming as complex and impactful as a skate park or dog park facility;and
WHEREAS Mia Lehrer &Associates has submitted a proposal in the amount of $24,400
to perform the public outreach and site analysis;
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 FY 11-12 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
$24,400
$24,400
$24,400
PASSED,APPROVED,AND ADOPTED THE 6th DAY OF SEPTEMBER 2011.
Mayor
Attest:
F-5
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 September 6,2011.
City Clerk
F-6
Attachment
General Fund Reserve Schedule
F-7
FY11-12 Statement of Estimated General Fund Reserves
Beginning
Reserves Revenues Expenditures
,",{~':::::x:{.::::,':.:"6";:)·-::?/.&.",-:.'.~-;:j~:;{f.f:~{f?~~?r:.:_.."'I";
Ad"ustments:
Attachment A
Unclaimed Deposits
Skate &Do Park Analysis
8/2/2011
9/6/2011
33,317
(24,400)
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 6/30/12 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.
F-8
Attachment
Mia Lehrer &Associates Agreement
F-9
PROFESSIONAL DESIGN SERVICES AGREEMENT
This Agreement ("Agreement")is made and entered into this _day of September
2011,by and between the City of Rancho Palos Verdes (hereinafter referred to as the
"CITY")and Mia Lehrer &Associates (hereafter referred to as "CONSULTANT").
WHEREAS,the CITY is desirous of entering into a professional services agreement
with a landscape architect to provide recommendations on skate park and dog park design
criteria and site analysis;
WHEREAS,CONSULTANT has worked successfully with the CITY on a previous
project and has knowledge of CITY parks and project history.
NOW,THEREFORE,IN CONSIDERATION of the covenants hereinafter set forth,
the parties hereto mutually agree as follows:
ARTICLE 1
SCOPE OF SERVICES
1.1 Project Description
The Project is described as follows:
Professional Landscape Architecture Design Services and Site Location
Analysis for a potential skate park and for a potential dog park.
1.2 Description of Services
CONSULTANT shall:perform services as described in the Consultant's
Proposal,which is attached hereto as Exhibit "A"and incorporated herein by this
reference.
1.3 Schedule of Work
Upon receipt of written Notice to Proceed from the CITY,CONSULTANT
shall perform with due diligence the services requested by the CITY.Time is of the
essence in this Agreement.CONSULTANT shall not be responsible for delay,nor shall
CONSULTANT be responsible for damages or be in default or deemed to be in default by
reason of strikes,lockouts,accidents,or acts of God,or the failure of CITY to furnish timely
information or to approve or disapprove CONSULTANT's work promptly,or delay or faulty
performance by CITY,other consultants/contractors,or governmental agencies,or any
other delays beyond CONSULTANT's control or without CONSULTANT's fault.
ARTICLE 2
COMPENSATION
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2.1 Fee
CITY agrees to compensate CONSULTANT for services in accordance with
Exhibit "A."
2.2 Payment Address
All payments due CONSULTANT shall be paid to:
Mia Lehrer &Associates
3780 Wilshire Blvd.,Suite 250
Los Angeles,CA 90010
2.3 Terms of Compensation
CONSULTANT shall submit monthly invoices for the percentage of work
completed in the previous month.CITY agrees to authorize payment for all undisputed
invoice amounts within thirty (30)days of receipt of each invoice.CITY agrees to use its
best efforts to notify CONSULTANT of any disputed invoice amounts or claimed
completion percentages within ten (10)days of the receipt of each invoice.However,
CITY's failure to timely notify CONSULTANT of a disputed amount of claimed completion
percentage shall not be deemed a waiver of CITY's right to challenge such amount or
percentage.
Additionally,in the event CITY fails to pay any undisputed amounts due
CONSULTANT within forty-five (45)days after invoices are received by CITY then CITY
agrees that CONSULTANT shall have the right to consider said default a total breach of
this Agreement and be terminated by CONSULTANT without liability to CONSULTANT
upon ten (10)working days advance written notice.
2.4 Additional Services
CITY may request additional specified work under this Agreement.All such
work must be authorized in writing by the CITY's Director of Parks and Recreation prior to
commencement in accordance with CONSULTANT's written proposal for such additional
services,which shall specify the cost therefor.
2.5 Term of Agreement
This Agreement shall commence on September 12.2011 and shall
terminate on January 31 .2012 ,unless sooner terminated pursuant to Article 4 of this
Agreement.
ARTICLE 3
INDEMNIFICATION AND INSURANCE
3.1 Indemnification.Hold Harmless.and Duty to Defend.
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A.Indemnity for Design Professional Services.In connection with its
design professional services,CONSULTANT shall hold harmless and indemnify CITY,
and its officials,officers,employees,agents and independent contractors serving in the
role of CITY officials,and designated volunteers (collectively,"Indemnitees"),with
respect to any and all claims,demands,causes of action,damages,injuries,liabilities,
losses,costs or expenses,including reimbursement of attorneys'fees and costs of
defense (collectively,"Claims"hereinafter),including but not limited to Claims relating to
death or injury to any person and injury to any property,which arise out of,pertain to,or
relate to in whole or in part to the negligence,recklessness,or willful misconduct of
CONSULTANT or any of its officers,employees,subcontractors,or agents in the
performance of its design professional services under this Agreement.
B.Other Indemnities.In connection with any and all claims,
demands,causes of action,damages,injuries,liabilities,losses,costs or expenses,
including attorneys'fees and costs of defense (collectively,"Damages"hereinafter)not
covered by Section 3.1 (A),CONSULTANT shall defend,hold harmless and indemnify
the Indemnitees with respect to any and all Damages,including but not limited to,
Damages relating to death or injury to any person and injury to any property,which
arise out of,pertain to,'or relate to the acts or omissions of CONSULTANT or any of its
officers,employees,subcontractors,or agents in the performance of this Agreement,
except for such loss or damage arising from the sole negligence or willful misconduct of
the CITY,as determined by final arbitration or court decision or by the agreement of the
parties.CONSULTANT shall defend Indemnitees in any action or actions filed in
connection with any such Damages with counsel of CITY's choice,and shall pay all
costs and expenses,including all attorneys'fees and experts'costs actually incurred in
connection with such defense.Consultant's duty to defend pursuant to this Section
3.1 (b)shall apply independent of any prior,concurrent or subsequent misconduct,
negligent acts,errors or omissions of Indemnitees.
C.All duties of CONSULTANT under Section 3.1 shall survive
termination of 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
Liability Insurance,with minimum limits of one million dollars ($1,000,000)for each
occurrence and two million dollars ($2,000,000)general aggregate for bodily injury,death,
loss or property damage for products or completed operations and any and all other
activities undertaken by CONSULTANT in the performance of this Agreement.Said policy
or policies shall be issued by an insurer admitted to do business in the State of California
and rated in A.M.Best's Insurance Guide with a rating of A:VII or better.
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3.3 Professional Liability
CONSULTANT shall at all times during the term of this Agreement,carry,
maintain,and keep in full force and effect a policy or policies of professional liability
insurance with a minimum limit of one million dollars ($1 ,000,000)per claim and aggregate
for errors and/or omissions of CONSULTANT in the performance of this Agreement.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.If a "claims
made"policy is provided,such policy shall be maintained in effect from the date of
performance of work or services on the CITY's behalf until three (3)years after the date of
work or services are accepted as completed.Coverage for the post-completion period may
be provided by renewal or replacement of the policy for each of the three (3)years or by a
three-year extended reporting period endorsement,which reinstates all limits for the
extended reporting period.If any such policy and/or policies have a retroactive date,that
date shall be no later than the date of first performance of work or services on behalf of the
CITY.Renewal or replacement policies shall not allow for any advancement of such
retroactive date.
3.4 Automobile Liability
CONSULTANT shall at all times during the term of this Agreement obtain,
maintain,and keep in full force and effect,a policy or policies of Automobile Liability
Insurance,with minimum of one million dollars ($1 ,000,000)per claim and occurrence and
two million dollars ($2,000,000)in the aggregate for bodily injuries or death of one person
and five hundred thousand dollars ($500,000)for property damage arising from one
incident.
3.5 Worker's Compensation
CONSULTANT agrees to maintain in force at all times during the.
performance of work under this Agreement worker's compensation insurance as required
by the law.CONSULTANT shall require any subcontractor similarly to provide such
compensation insurance for their respective employees.
3.6 Notice of Cancellation
A.All insurance policies shall provide that the insurance coverage shall
not be cancelled by the insurance carrier without thirty (30)days prior written notice to
CITY,or ten (10)days notice if cancellation is due to nonpayment of premium.
CONSULTANT agrees that it will not cancel or 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 Agreement 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.
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3.7 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 policy shall contain
endorsements naming the CITY,its officers,agents and employees as additional insureds.
3.8 Primary Coverage
The insurance provided by CONSULTANT shall 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.
ARTICLE 4
TERMINATION
4.1 Termination of Agreement
(a)This Agreement may be terminated at any time,with or without cause,
by the CITY upon thirty (30)days prior written notice or by CONSULTANT upon ninety (90)
days prior written notice.Notice shall be deemed served if completed in compliance with
Section 6.14.
(b)In the event of termination or cancellation of this Agreement by
CONSULTANT or CITY,due to no fault or failure of performance by CONSULTANT,
CONSULTANT shall be paid compensation for all services performed by CONSULTANT,
in an amount to be determined as follows:for work satisfactorily done in accordance with
all of the terms and provisions of this Agreement,CONSULTANT shall be paid an amount
equal to the percentage of services performed prior to the effective date of termination or
cancellation in accordance with the work items;provided,in no event shall the amount of.
money paid under the foregoing provisions of this paragraph exceed the amount which
would have been paid to CONSULTANT for the full performance of the services described
in this Agreement.
ARTICLE 5
OWNERSHIP OF DOCUMENTS
5.1 Ownership of Documents and Work Product
All documents,plans,specifications,reports,information,data,exhibits,
photographs,images,video files and media created or developed by CONSULTANT
pursuant to this Agreement ("Written Products")shall be and remain the property of the
CITY without restriction or limitation upon its use,duplication or dissemination by the CITY.
All Written Products shall be considered "works made for hire,"and all Written Products
and any and all intellectual property rights arising from their creation,including,but not
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limited to,all copyrights and other proprietary rights,shall be and remain the property of the
CITY without restriction or limitation upon their use,duplication or dissemination by the
CITY.CONSULTANT shall not obtain or attempt to obtain copyright protection as to any
Written Products.
CONSULTANT hereby assigns to the CITY all ownership and any and all
intellectual property rights to the Written Products that are not otherwise vested in the CITY
pursuant to the paragraph directly above this one.
CONSULTANT warrants and represents that it has secured all necessary
licenses,consents or approvals to use any instrumentality,thing or component as to which
any intellectual property right exists,including computer software,used in the rendering of
the services and the production of all Written Products produced under this Agreement,
and that the CITY has full legal title to and the right to reproduce the Written Products.
CONSULTANT shall defend,indemnify and hold the CITY,and its elected officials,officers,
employees,servants,attorneys,designated volunteers,and agents serving as independent
contractors in the role of CITY officials,harmless from any loss,claim or liability in any way
related to a claim that CITY's use of any of the Written Products is violating federal,state
or local laws,or any contractual provisions,or any laws relating to trade names,licenses,
franchises,copyrights,·patents or other means of protecting intellectual property rights
and/or interests in products or inventions.CONSULTANT shall bear all costs arising from
the use of patented,copyrighted,trade secret or trademarked documents,materials,
equipment,devices or processes in connection with its provision of the services and
Written Products produced under this Agreement.In the event the use of any of the
Written Products or other deliverables hereunder by the CITY is held to constitute an
infringement and the use of any of the same is enjoined,CONSULTANT,at its expense,
shall:(a)secure for CITY the right to continue using the Written Products and other
deliverables by suspension of any injunction,or by procuring a license or licenses for CITY;
or (b)modify the Written Products and other deliverables so that they become non-
infringing while remaining in compliance with the requirements of this Agreement.This
covenant shall survive the termination of this Agreement.
Upon termination,abandonment or suspension of the Project,the
CONSULTANT shall deliver to the CITY all Written Products and other deliverables related
to the Project without additional cost or expense to the CITY.If CONSULTANT prepares a
document on a computer,CONSULTANT shall provide CITY with said document both in a
printed format and in an electronic format that is acceptable to the CITY.
ARTICLE 6
GENERAL PROVISIONS
6.1 Representation
The CITY representative shall be the Director of Recreation and Parks or his
or her designee,and CONSULTANT shall notify CITY of CONSULTANT's designated
representative.These individuals shall be the primary contact persons for the parties
regarding performance of this Agreement.
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6.2 Fair Employment Practices/Equal Opportunity Acts
In the performance of this Agreement,CONSULTANT shall comply with all
applicable provisions of the California Fair Employment Practices Act (California
Government Code Sections 12940-48),the applicable equal employment provisions of the
Civil 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 engineering services pursuant to this Agreement shall be licensed as
a Civil Engineer 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 of the Director of
Public Works of all proposed staff members who will perform such services.
CONSULTANT may associate with or employ associates or subconsultants in the
performance of its services under this Agreement,but at all times shall CONSULTANT be
responsible for its associates or subconsultants'services.
6.4 CONSULTANT's Representations
I
CONSULTANT represents,covenants and agrees that:a)CONSULTANT is
licensed,qualified,and capable offurnishing the labor,materials,and expertise necessary
to prepare the desired analysis and 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 CONSULTANT's full performance under
this Agreement;c)to the extent required by the standard of practice,CONSULTANT has
investigated and considered the scope of services performed,has carefully considered
how the services should be performed,and understands the facilities,difficulties and
restrictions attending performance of the services under this Agreement.
6.5 Conflicts of Interest
CONSULTANT 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 CONSULTANT "financially interested"
(as provided in California Government Code Sections 1090 and 87100)in any decisions
made by CITY on any matter in connection with which CONSULTANT has been retained
pursuant to this Agreement.
6.6 Legal Action
A.Should either party to this Agreement bring legal action against the
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other,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.
B.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.
C.Should any legal action about a project between CITY and a party
other than CONSULTANT require the testimony of CONSULTANT when there is no
allegation that CONSULTANT was negligent,CITY shall compensate CONSULTANT for its
testimony and preparation to testify at the hourly rates in effect at the time of such
testimony.
6.7 Assignment
Neither this Agreement nor any part thereof shall be assigned by
CONSULTANT without the prior written consent of the CITY.Any such purported
assignment without written consent shall be null and void,and CONSULTANT 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 any unauthorized
assignment.
Notwithstanding the above,CONSULTANT may use the services of persons
and entities not in CONSULTANT's direct employ,when it is appropriate and customary to
do so.Such persons and entities include,but are not necessarily limited to,surveyors,
specialized consultants,and testing laboratories.CONSULTANT's use of subconsultants
for additional services shall not be unreasonably restricted by the CITY provided
CONSULTANT notifies the CITY in advance.
6.8 Independent Contractor
CONSULTANT 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 CONSULTANT or any of the CONSULTANT's employees,except as herein set
forth,and CONSULTANT 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 as the CONSULTANT wishes except as expressly provided in this Agreement.
CONSULTANT shall have no power to incur any debt,obligation,or liability on behalf of the
CITY or otherwise act on behalf of the CITY as an agent.CONSULTANT 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.CONSULTANT agrees to pay all
required taxes on amounts paid to CONSULTANT under this Agreement,and to indemnify
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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.CONSULTANT shall fully comply with the workers'compensation law
regarding CONSULTANT and its employees.CONSULTANT further agrees to indemnify
and hold the CITY harmless from any failure of CONSULTANT to comply with applicable
workers'compensation laws.The CITY shall have the right to offset against the amount of
any fees due to CONSULTANT under this Agreement any amount due to the CITY from
CONSULTANT as a result of its failure to promptly pay to the CITY any reimbursement or
indemnification arising under this Article.
6.9 Titles
The titles used in this Agreement are for general reference only and are not
part of the Agreement.
6.10 Entire Agreement
This Agreement,including any other documents incorporated herein by
specific reference,represents the entire and integrated agreement between CITY and
CONSULTANT and supersedes all prior negotiations,representations or agreements,
either written or oral.This Agreement may be modified or amended,or provisions or
breach may be waived,only by subsequent written agreement signed by both parties.
6.11 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.
6.12 Non-Waiver of Terms.Rights and Remedies
Waiver by either party of anyone 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.
6.13 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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6.14 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
CONSULTANT'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:
Tom Odom,Parks and Recreation Director
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275
To CONSULTANT:
Mia Lehrer &Associates
3780 Wilshire Blvd.,Suite 250
Los Ange1es,CA 90010
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of
the date and year first above written.
Dated:_MIA LEHRER &ASSOCIATES
BY:-------------
BY:-------------
Dated:_CITY OF RANCHO PALOS VERDES
CITY MANAGER
BY:------::-=-------------
ATTEST:
CITY CLERK
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R6876-0001\1383216.2
Exhibit "A":
Consultant's Proposal
F-20
+associates
EXHIBIT A
July 18,2011
Mr.Tom A Odom,Director
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 and dog park program evaluation and site location studies for the City of Rancho
Palos Verdes
Dear Mr.Odom:
We look forward to preparing a skate park and dog park program evaluation and site location studies for
the City of Rancho Palos Verdes.
SCOPE OF SERVICES
The extra 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:
TASK 1 -SKATE PARK (fee -$5,000)
1.1 Prepare skate park program evaluation and site location criteria
o Establish skate park site location criteria.
The development of these parameters will be prepared through research,professional
experience and stakeholder input.(8-1/2"x 11"format)
o Prepare evaluation of skate park program types,including temporary,permanent street -plaza,
and bowl styles.(11"x 17"format)
o Review with city staff.(1 meeting)
1.2 Present to the Rancho Palos Verdes City Council skate park program evaluation and site location
criteria -power point format.
o Attend preparation meeting with city staff.(1 meeting)
o Preparation of power point presentation.
o Attend city council meeting.
tel 213 384 3844-
fax 213 384 3833
3780 Wilshire Blvd.suite 250
Los Angeles,Ca.90010
F-21
+associates
1.3 Prepare preliminary site location studies.
a Prepare preliminary evaluation of Palos Verdes peninsula wide site location opportunities for
inclusion of a skate park program.(preliminary skate park site location plan)
a Review with city staff.(1 meeting)
1.4 Conduct skate park stakeholder workshop for review of skate park site criteria,skate park
program types and preliminary site locations.
a Attend preparation meeting with city staff.(1 meeting)
a Prepare presentation boards and hand-outs from Tasks 1.1 and 1.3 and input from Task 1.2.
a Conduct stakeholder workshop under the direction of city staff.
a Prepare fmdings from workshop.(8-1/2"x 11"summary format)
TASK 2 -SKATE PARK (fee -$5,000)
2.1 Prepare final skate park program evaluation and site location studies including:
a Skate park site location criteria.
a Community wide skate park site location study.
a Site analysis and program evaluation of site locations.
•Arrival
•Access
•Topography
•Adjacency
•Site program compatibility
•Skate park program types
•Estimated probable cost for skate park
a Review with city staff.(1 meeting)
2.2 Conduct fmal community workshop for review of skate park site location
park program types and site locations.
a Attend preparation meeting with city staff.(1 meeting)
a Preparation of presentation boards and hand-outs from Task 2.1.
a Conduct stakeholder workshop under the direction of city staff.
a Prepare fmdings from workshop.(8-1/2"x 11"summary format)
criteria,skate
tel 2133843844
fax 213 3843833
3780 Wilshire Blvd.suite 250
Los Angeles,Ca.90010
e-mail office@mlagreen.com
F-22
+associates
TASK 3 -SKATE PARK (fee -$1,100)
3.1 Present to the Rancho Palos Verdes City Council on skate park findings -power point format.
o Attend preparation meeting with city staff.(1 meeting)
o Preparation of power point presentation.
o Attend city council meeting.
TASK 4 -DOG PARK (fee -$5,000)
4.1 Prepare dog park program evaluation and site location criteria
o Establish dog park site location criteria.
The development of these parameters will be prepared through research,professional
experience and stakeholder input.(8-1/2"x 11"format)
o Prepare dog park program components (example:separate small dog park and large dog park
areas).
o Review with city staff.(1 meeting)
4.2 Present to the Rancho Palos Verdes City Council dog park program evaluation and site location
criteria -power point format.
o Attend preparation meeting with city staff.(1 meeting)
o Preparation of power point presentation.
o Attend city council meeting.
4.3 Prepare preliminary site location studies.
o Prepare preliminary evaluation of Palos Verdes peninsula wide site location opportunities for
inclusion of a dog park program.(preliminary dog park site location plan)
o Review with city staff.(1 meeting)
4.4 Conduct dog park stakeholder workshop for review of dog park site criteria,dog park program
components and preliminary site locations.
o Attend preparation meeting with city staff.(1 meeting)
o Prepare presentation boards and hand-outs from Tasks 4.1 and 4.3 and input from Task 4.2.
o Conduct stakeholder workshop under the direction of city staff.
o Prepare findings from workshop.(8-1/2"x 11"summary format)
tel 2133843844
fax 213 3843833
3780 Wilshire Blvd.suite 250
Los Angeles,Ca.90010
e-mail office@m1agreen.com
F-23
+associates
TASK 5 -DOG PARK.(fee -$5,000)
5.1 Prepare fmal dog park program evaluation and site location studies including:
o dog park site location criteria.
o dog park program components.
o Community wide dog park site location study.
o Site analysis and program evaluation of site locations.
•Arrival
•Access
•Topography
•Adjacency
•Shade
•Sound'
•Site program compatibility
•Estimated probable cost for dog park
o Review with city staff.(1 meeting)
5.2 Conduct fmal community workshop for review of dog park site location criteria,
program components and site locations.
o Attend preparation meeting with city staff.(1 meeting)
o Preparation of presentation boards and hand-outs from Task 5.1.
o Conduct stakeholder workshop under the direction of city staff.
o Prepare fmdings from workshop.(8-1/2"x 11"summary format)
dog park
TASK 6 -DOG PARK.(fee -$1,100)
6.1 Present to the Rancho Palos Verdes City Council on dog park fmdings -power point format.
o Attend preparation meeting with city staff.(1 meeting)
o Preparation of power point presentation.
o Attend city council meeting.
Scope of work and fees are based on city staff meetings and city council meetings covering both skate
park and dog park programs at same meeting.Fee based on stakeholder workshops to be held on same
day for skate park and dog park.
We have estimated fees for the added scope to be:$24,400.
tel 213 384 3844
fax 213 3843833
3780 Wilshire Blvd.suite 250
Los Angeles,Ca.90010
e-mail office@mlagreen.com
F-24
+associates
FEES FOR PROFESSIONAL SERVICES
Invoices shall be issued on a percentage of completion of this scope of services.
Fixed Fee Compensation:
Estimated Reimbursable $2,200.00
Total:
$22,200.00
$24,400.00
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:$24,400.00
Payment: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 ofthese extra services.
July 18,2011
DateMiaLehrer
MLA Green,Inc.,a California Corporation
d.b.a:Mia Lehrer +Associates
Client Date
tel 213 384 3844
fax 213 3843833
3780 Wilshire Blvd.suite 250
Los Angeles,Ca.90010
e-mail office@m1agreen.com
F-25