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20100803 Late Correspondence
I A�� RANCHO PALOS VERDES TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS FROM: CITY CLERK DATE: August 3, 2010 SUBJECT: ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA Attached are revisions/additions and/or amendments to the agenda material presented for tonight's meeting:. Item No. Description of Material 6 Revised Agreement for Staff Report Respectfully submitted, Carla Morreale W:1AGEN©A12010 Additions Revisions to agendas120100803 additlons revisions to agenda.doc CITY OF RANCHO PALOS VERDES AGREEMENT FOR RESIDENTIAL STREETS IMPROVEMENT PROTECT FISCAL YEAR 2009-2010 AREA 4 AND A PORTION OF AREA 8 THIS AGREEMENT (the "Agreement") is made and entered this 3rd day of Au st, 2010, by and between the CITY OF RANCHO PALOS V ERDES, hereinafter referred to as "City" and Sully -Miller Contracting Company, hereinafter referred to as "Contractor." NOW, THEREFORE, the parties hereto do agree as follows: 1. Scope of Services. City hereby employs Contractor to perform the work and provide the services and materials for the project identified as RESIDENTIAL STREETS IMPROVEMENT PROJECT Fiscal Year 2009-2010 AREA 4 AND AREA 8, as described in these Plans and Specifications, attached hereto and incorporated herein by this reference, including miscellaneous appurtenant work. Such work shall be performed in a good and workmanlike manner, under the terms as stated herein and in these Plans and Specifications, and in accordance with the latest edition of the Joint Cooperative Committee, Southern California Chapters of the American Public Works Association and the Associated General Contractors of America, document entitled "Standard Specifications." In the event of any conflict between the terms of this Agreement and any of the above -referenced documents, the terms of this Agreement shall be controlling. 2. Compensation. In consideration of the services rendered hereunder, Contractor shall be paid a not to exceed amount of in accordance with the prices as submitted in Contractor's Proposal, attached hereto and incorporated herein. The City shall compensate Contractor as stated in the Plans and Specifications. 3. Payments. 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. 4. Time. Upon receipt of written Notice to Proceed from the City, Contractor shall perforin with due diligence the services requested by the City and agreed on by Contractor. Time is of the essence in this Agreement. 5. Default and Remedies. a. Default shall consist of any failure by the Contractor to perform under this Agreement or written amendments thereto or any breach of any covenant, agreement, provision or warranty provided by the Contractor as a part of this Agreement. Actions which constitute a default include, but are not limited to: (1) failure to submit to the City reports which are required pursuant to this Agreement or the submission of required reports that are incorrect or incomplete; (2) submission of requests for payment or reimbursement of amounts that are incorrect or incomplete; (3) the failure of Contractor to accept any additional conditions which may be required by law, regulation or other policy of the City, state, or federal government; or (4) failure to perform any activity required by this Agreement. b. Upon occurrence of any default, the City shall advise Contractor in writing of the action constituting the default, and specify the actions that must be taken to cure the default. The City may suspend payment under the Agreement. If a default is not cured within thirty (30) days from receipt of written notice of such default by the Contractor, the City may continue the suspension or, by written notice of termination, may terminate this Agreement. C. Notwithstanding the above, Contractor shall not be relieved of liability to the City for damage sustained by the City by virtue of any default or breach of the Agreement by Contractor, and the City may deduct the amount of damages from any outstanding payments to Contractor or may withhold payments until such time as the exact amount of the damages is determined. 6. Termination. This Agreement may be canceled by City at any time with or without cause without penalty upon thirty (30) days' written notice. In the event of termination 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. 7. 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; Payment Bond (Labor and Materials); Performance Bond; 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 LiabiIity). 8. 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 to any payment to Contractor. Contractor will promptly furnish documents requested by the City. Additionally, pursuant to Government Code Section 8546.7, 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. 9. Antitrust Claims. Pursuant to Public Contract Code Section 7103.5, 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 (15 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. 10. Utilities. City assumes the responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on the site of the project that is the subject of this Agreement. City shall compensate Contractor for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating such utility facilities with reasonable accuracy, and for equipment on the project necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the City or the owner of the utility to provide for removal or relocation of such utility facilities. 11. Location of Existing Elements. Pursuant to Government Code Sections 4216 to 4216.9, 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 €umished, as to existing conditions, is not guaranteed by 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), and/or utilizing potholes, specialized locating equipment and/or hand trenching. Q- 0 r 2-i 12. 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 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 fees 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. 13. 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." 14. Debarred, Suspended or Ineligible Contractors. Contractor shall not perform work with debarred subcontractor pursuant to California Labor Code sections 1777.1 or 1777.7. 15. 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. 16. 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 notification 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. 17. Prevailing 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. 18. Applicable Law. Should either party to this Agreement bring Iegal action against the 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. .3 o� 19. 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. 20. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor 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. 21. 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. 22. 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. 23. 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. IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first above written. ATTEST: M. City Clerk CITY OF RANCHO PALOS VERDES M Mayor CONTRACTOR: By: Printed Name: Date: q 0 � '2-0, CITY OF RANCHO PALOS VERDES INSTRUCTIONS FOR EXECUTION OF INSTRUMENTS THIS IS INSTRUCTION ONLY - IT IS NOT TO BE SIGNED OR USED IN CONJUNCTION WITH THE AGREEMENT OR ANY OTHER FORMS THAT MUST BE TURNED INTO THE CITY OF RANCHO PALOS VERDES - IT IS SIMPLY A FORMAT TO USE WHEN FILLING OUT DOCUMENTS. By an Individual. The individual must sign the instrument, and if he/she is doing business under a fictitious name, the fictitious name must be set forth. The signature must be acknowledged before a Notary Public, using the proper form of acknowledgment. 2. By a Partnership. The name of the partnership must be set forth followed by the signatures of less than all of the partners will be acceptable only if submitted with evidence of authority to act on behalf of the partnership. The signatures must be acknowledged before a Notary Public, usin the proper form of acknowledgment. By a Corporation. The name of the corporation must be set forth, followed by the signatures of the President or Vice President and Secretary or Assistant Secretary. The signatures must be acluiowledized before a Nota Public using in substance the following form of acknowled ent. 4. By a Surety. The name of the surety must be set forth, followed by an authorized signature. The signatures must be acknowledged before a Notary Public, using the proper form of acknowledgment. STATE OF ) SS. COUNTY OF On , 20 , before me, the undersigned, appeared known to me to be the President or Vice President and known to be to be the Secretary or Assistant Secretary of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its City Council. WITNESS my signature and seal. Notary Public (Seal) C5 C1 ` ' V INSURANCE REQUIREMENTS FOR CITY OF RANCHO PALOS VERDES PUBLIC WORKS CONTRACT The Contractor shall at all time during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $5,000,000.00 combined single limit coverage against any injury, death, lose, or damage as a result of wrongful or negligent acts by the Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $1,000,004.00; (3) automotive liability insurance with a minimum combined single limits coverage of $5,000,000.00; and (4) workers' compensation insurance with a minimum limit of $1,000,000.00 or the amount required by law, whichever is greater. The City, its officers, employees, attorneys, and volunteers shall be named as additional insured on the policy(ies) as to comprehensive general liability, property damage, and workers' compensation coverages. 1. Acceptable insurance coverage shall be placed with carriers admitted to write insurance in California, or carriers with a rating of, or equivalent to, A:VII by A.M. Best & Company. Any deviation from this rule shall require specific approval, in writing, from the City. 2. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through addition of additional insured to the policy) by the insurance carrier without the insurance carrier giving the City thirty (30) days prior written notice thereof. The Contractor agrees that it will not cancel, reduce or otherwise modify said insurance coverage. The Contractor agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost, the City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of the Contractor and the cost of such insurance may be deducted, at the option of the City, from payments due the Contractor. 4. The Contractor shall submit to the City (1) insurance certificates indicating compliance with the minimum workers' compensation insurance requirements above, and (2) insurance policy endorsements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements must be executed on the City's appropriate standard forms entitled "Additional Insured Endorsement," copies of which are attached hereto. Bond No. PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that. WHEREAS the ("Public Agency"), has awarded to (Name and address ofConlracdoi) ("Principal"), a contract (the "Contract") for the work described as follows; RESIDENTIAL STREETS IMPROVEMENT PROJECT Fiscal Year 2009-2010 AREA 4 AND AREA 8 WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW, THEREFORE, we, the undersigned Principal, and (Name and address ofSuredy) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Dollars ($ ), this amount being not less than one hundred percent (100%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond, otherwise, this obligation shall become null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. Further, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to -7 oc 20 the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code ' 2845 and 2849. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: "Principal" "Surety" By: By: Its Its By: By: Its Its (seal) APPROVED AS TO SURETY AND PRINCIPAL AMOUNT Insurance Administrator (Seal) APPROVED AS TO FORM: RICHARDS, WATSON & GERSHON A Professional Corporation 1.2 Public Agency Attorney Note: This bond must be r-Teculed in detplicate and dated, all signatures must be notarised, and evidence of the authority of any person signine as attorney-in-fact must be attached, Bored No. PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: LMj:1-1R-AM9 iCa ("Public Agency'), has awarded to (Nate and address of Contractor) ("Principal"), a contract (the "Contract") for the work described as follows: RESIDENTIAL STREETS IMPROVEMENT PROJECT FISCAL YEAR 2009-2010 AREA 4 AND AREA S WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and (Name and address ol'Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Dollars ($ ), this amount being not less than the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perforin all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, and others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code ' 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: "Princ €par' By: Its By: Its (Seat) APPROVED AS TO SURETY AND PRINCIPAL AMOUNT Un Insurance Administrator "Surety" By: Its By: Its (Seal) APPROVED AS TO FORM: RICHARDS, WATSON & GERSHON A Professional Corporation Public Agency Attorney A'ole: This bond must be executed in duplicate and dated. all .signatures nttrst be notarized, and evidence of the atuhority of anv person .signing as attornev-in fact must he attached WORKERS' COMPENSATION CERTIFICATE OF INSURANCE WHEREAS, the City of Rancho Palos Verdes has required certain insurance to be provided by: NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time: This certificate is issued to: City of Rancho Palos Verdes City Hall 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 2. The insureds under such policy or policies are: Workers' Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds as follows: Policy Nurnbcr Effective Date Expiration Date 4. Said policy or policies shall not be canceled, nor shall there be any reduction in coverage or limits of liability, unless and until thirty days' written notice thereof has been served upon the City Clerk of the City of Rancho Palos Verdes Its Authorized Representative It l oV 2-0 AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code 1720, 1773-8,1775, 1776, 1777.5, 1813, 1860, 1861, 37001 The undersigned. Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law: 1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency ("Agency") and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor, 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 7. 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, 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 undertake 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." Date Signature l� L INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No. or description: Indemnitor(s) (list all names): To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Rancho Palos Verdes and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above -referenced contract, agreement, license, or permit (the "Agreement") or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney's fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitecs' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code 2782(x) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. "Indemnitor" Name By: By: Its Its l�oF�� ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL. LIABILITY Name and address of named insured ("Named Insured') Name and address of Insurance Company ("Company').- General "Company'). General description of agreement(s), permit(s), license(s), and/or ae ivity(ies) insure& Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The (`Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's Iiability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of Iq ()� W or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE of COVERAGES To WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/7'O LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: ❑ Contractual Liability ❑ Owners/Landlords/Tenants ❑ Manufacturers/Contractors ❑ Products/Completed Operations ❑ Broad Form Property Damage Li Extended Bodily Injury ❑ Broad Form Comprehensive General Liability Endorsement ❑ Explosion Hazard ❑ Collapse Hazard ❑ Underground Property damage ❑ Pollution Liability ❑ Liquor Liability 0 I I2. A ❑ deductible or ❑ self-insured retention (check one) of $ applies to all coverage(s) except: fi f none, so state). The deductible is applicable ❑ per claim or ❑ per occurrence (check one). 13. This is an ❑ occurrence or ❑ claims made policy (check one). 14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by any execution hereof, I do so bind the Company. Executed .20 Signature of Authorized Representative (Original signature only, no.facsimile signature Telephone No.: { ) or initialed signature accepted) p� 0 � "0 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Nannie and address of named insured ("Named Insured'): lVanme and address of Insurance Company ("Company '): General description ref agree ment(s), permit(s), license(s), and/or activitv(ie.$) insured.- Notwithstanding nsured.Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations perfonned by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of ti b 0 C 2G or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROMITO LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: Any Automobiles I Truckers Coverage I All Owned Automobiles 1 Motor Carrier Act M I Non -owned Automobiles I Bus Regulatory Reform Act I Hired Automobiles Public Livery Coverage Scheduled Automobiles I I Garage Coverage I 12. A o deductible or © self-insured retention (check one) of $ applies to all coverage(s) except: (if none, .so state). The deductible is applicable G per claim or G per occurrence (check one). 13. This is an o occurrence or o claims made policy (check one). 14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number 1, (print name), hereby declare under penalty of perjury under the Iaws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed .20 1 I X ?'0 Signature of Authorized Representative (Original signature only, no_/acsin:ale signature Telephone No.: () or initialed signature accepted) ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Nance anti address of na►ned insured ("Named Insured ' ): Name and address of Insurance Company ("Company") - General description of agreement(s), permit(s), license(.$), and/or aetivity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: I. The ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of Iiability as provided under the policy. 5. The insurance afforded by the Policy for contractual Iiability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds_ t ()� lzo 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices ,given hereunder shall be sent to Public Agency at: City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROMIiO LIABILITY ❑ Following Form • Umbrella Liability ri H. Applicable underlying coverages: INSURANCE COMPANY POLICY NO. AMOUNT 12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages: 13. A ❑ deductible or ❑ self-insured retention (check one) of applies to all coverage(s) except: (if none, so state). The deductible is applicable o per claim or ❑ per occurrence (check one). 14. This is an ❑ occurrence or ❑ claims made policy (check one). 15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number 1, (Print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20. Signature of Authorized Representative (Original signalure only; no facsinzile.signature Telephone No.: ( ) or initialed signature accepted) LI wqks RANCHO PALOS VERDES TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS FROM: CITY CLERK DATE: AUGUST 2, 2010 SUBJECT: ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA Attached are revisions/additions and/or amendments to the agenda material received through Monday afternoon for the Tuesday, August 3, 2010 City Council meeting: Item No. Description of Material 5 Emails from: Noel Park; Larry and Dorothy Weeks 12 Email exchange between Mayor Wolowicz and John Freeman; Emails from: Ken Dyda; Jeff Lewis IA 1 Suggested change to minutes from Councilman Stern — Page 2 Respectfully submitted, w IBM ,A 1 W W, /j, --00-0- Carla Morreale W AAGENDA\2010 Additions Revisions to agendas\20100803 additions revisions to agenda through Monday afternoon.doc From: NOEL PARK [noel@jdcorvette.com] Sent: Saturday, July 31, 2010 1:56 PM To: cc@rpv.com; carolynn@rpv.com; 'Tom Long' Subject: Agenda Item 5, City Council <eeting Of August 3, 2010 Noel Park, President Pacific View Homeowners Association (PVHOA) 6715 EI Rodeo Road Rancho Palos Verdes 90275 (310) 377-4035 home (562) 201-2128 cell Wrote: The PVHOA supports this agenda item, and the proposal that your Council support the establishment of a dog park on the closed landfill site in Rolling Hills Estates. 8/2/2010 From: noel1958@cox.net Sent: Sunday, August 01, 2010 11:57 AM To: cc@rpv.com; carolynn@rpv.com; Tomo@rpv.com Subject: Agenda Item 5, Meeting Of August 3, Support Of Dog Park At Landfill Noel Park 6715 El Rodeo Road RFV, 90275 (310) 377-4035 home (562) 201-2128 cell Wrote: I am in support of this Item. As Mr. Odom can tell you, when he raised the idea at the recent Hesse Park community meeting, I immediately offered $1000 toward the construction of same. I believe that Ms. Lehr has suggested the possibility of some kind of a public/private fund raising effort to provide resources for the construction and maintenance. I would assume that the County might be a lot more receptive to the idea if it didn't have to come up with a budget to implement it. Let the people who are so passionate about the need for a dog park step up and put their money where their mouths are. Maybe the 4 Peninsula cities could provide some matching funds. And/or maybe they could lend their grant writing expertise to the effort. RPV has certainly been stunningly successful in its park grant applications in the past. I would swear that I have seen instances where major pet food and accessory companies have participated in such efforts in the past. The "Petco (Pedigree, Purina, Nature's Recipe?) Palos Verdes Dog Park" has a nice ring to it, don't you think? Former Councilman Dyda spoke eloquently at the referenced Hesse/Grandview Park workshop as to why this is so much of a better idea than locating dog parks at Hesse and Grandview. I would highly recommend that you solicit his views for your information. The chatter we hear from the dog park advocates is that the ones proposed for Hesse/Grandview are MUCH too small. If the ones in contemplation are included in the proposed plan, and then the advocates come forward pressing for them to be substantially larger, the pushback from the neighborhoods will only intensify exponentially. As Councilman Dyda said so much better than I can, the landfill site would allow a much bigger dog park, and it is buffered from surrounding residents. It would be a real win/win for all of us if it could be implemented. Please support this agenda item, and let's all work together to try to make it happen. From: Dorothy Weeks [weeksldj@cox.net] Sent: Sunday, August 01, 2010 3:12 PM To: cc@rpv.com; katieh@rpv.com Subject: Lower Hesse Park/ Landfill Dog Park Issues From: Larry and Dorothy Weeks Subject: Lower Hesse Park Changes/Landfill Dog Park To: cc@rpv.com, katieh@rpv.com Date: August 1, 2010 We strongly recommend that the RPV City Council join the cities of Palos Verdes Estates and Rolling Hills Estates in urging the County of Los Angeles to establish a dog park at the Landfill Area off Hawthorne Blvd. We do not think that Hesse Park is suitable for a dog park of any size. The rules of the Redondo Beach Dog Park (http://www.rbdogpark.com/park_rules.php ) well illustrate the kinds of concerns a dog park would introduce. When all these rules are printed out in a normal size font, they run to four pages and contain many serious warnings. In addition to these warnings (dog fights, children's safety, etc.), there are the issues of noise, property values, and traffic that would be detrimental to homes adjacent to the park. We strongly urge the City Council to take action to advise the County Supervisors that a dog park be established at the Landfill Site and also remove any proposal for a dog park at Hesse Park, Lower or Upper. Yours truly, Larry and Dorothy Weeks 6701 Kings Harbor Drive Rancho Palos Verdes, CA 90275 310-541-4520 1 T From: Carolynn Petru [carolynn@rpv.com] Sent: Monday, August 02, 2010 8:02 AM To: 'Carla Morreale' Cc: 'Teri Takaoka' Subject: FW: Agenda item #12 comments, Charter City Attachments: RPVCCA_SR_2010_08_03_12_Adopting_The_City_Charter[1].pdf From: John Freeman [mailto:jrfree@cox.net] Sent: Saturday, July 31, 2010 4:57 PM To: 'Steve Wolowicz' Cc: citymanager@rpv.com Subject: RE: Agenda item #12 comments, Charter City Steve, Thank you for your comments and references to the agenda minutes relating to the City Manager salary. Yes, I was aware that the information is a public record and is available somewhere for the asking. I guess timing is everything, but I'm sure you can appreciate that the public seems very wary (maybe unfairly, I don't know) about Charter Cities today. What would have been a no-brainer ballot matter last year will likely get a lot of public scrutiny this year. What triggered my comment was the defensive tone of the staff report to Agenda item #12 for next week, particularly page 12-2 (see attached). It was perhaps not intended to be, but seemed to be on the defensive today, seven months prior to the election on the matter. The majority of the first two pages of the report dealt (I thought defensively) with salaries as opposed to enlightening us as to the benefits of a Charter City. "Because of the situation in the City of Bell, the City Council wants to assure the public that the City Council does not wish to create a similar opportunity for malfeasance in the City of Rancho Palos Verdes. Thus, the draft charter provides that the restrictions on Council salaries and reimbursement of expenditures that apply to general law cities will continue to be applicable be included in Rancho Palos Verdes. Because these provisions would in the City Charter, any amendments to, or repeal of, these provisions would require a majority vote of the City's voters." If this information is such a hot -button seven months prior to the election, why not make it clearly available on the website today? Then it becomes more of a non -issue. The only issue with salaries (or any other information) and total -compensation buried in various agenda staff reports is finding them. As an example, the previous City Manager used to prepare a "Monday Report" memo summarizing department head's activities upcoming for the week. It was a great document of "What's going on at City Hall this week." It was of course a public document, and I was free to go down to City Hall each Monday and request it and read it. However, I was never able to get anyone to actually publish it on the City's website to make it easily publically accessible. I didn't feel welcome when I pursed the matter, so I quit asking. You had to know it existed to read it. Is the Monday Report still prepared each week? Why isn't it on the website or available to residents as a "Monday Report" email Listsery subscription? Can I get it today? I've long been an advocate of open accessible government which brings the public and city staff together. 8/2/2010 / O ¢ 9 encourage public participation and all viewpoints working together for solutions. That's what makes our city a great place to live. Thanks again for sharing your views. Please let me know about the Monday Report. John Freeman From: Steve Wolowicz [mailto:stevew@rpv.com] Sent: Saturday, July 31, 2010 12:43 PM To: 'John Freeman' Cc: citymanager@rpv.com Subject: RE: Agenda item #12 comments, Charter City John, Your statement almost appears as if such transparency has not been in place in RPV. However, as I'm sure you recall we have continued with just such a policy of transparency making this information readily available. Information regarding the City Manager has been on the City's website as such items are adopted and transcribed. I was able to find this data on our City website with the original contract through the latest (third) amendment cited in the March 16, 2010 meeting agenda staff report and minutes. You can find the staff report (by the City attorney) at: http://www.palosverdes.com/rpv/citycouncil/agendas/2010 Agendas/MeetingDate-2010-03- 16/RPVCCA SR 2010 03 16 05 Third Amendment To City Manager Employment Agreement.pdf You can also find disclosure of council compensation in the Council meeting actions on September 15, 1009 with finalization on October 6, 2009. 1 was also able to find this data on our City website Staff report September 15, 2009 http://www.palosverdes.com/rpv/citycouncil/agendas/2009 Agendas/MeetingDate-2009-09- 15/RPVCCA�SR 2009 09 .15 19 Ord City Council Sala ryExp _Reimbuse.P-df Council minutes http.://www.palosverdes.com/rr)v/citvcouncil/minutes/2009 Minutes/city council/20090915 CC MI_NS_,.pdf Amendment and adoption 10/6/09 http://www.palosverdes.com/rpv/citycouncil/minutes/2009_Minutes/city council/20091006_ CC_MINS.pdf Steve W Steve Wolowicz Mayor Rancho Palos Verdes Phone 310-378-9911 email -- stevew@rpv.com .. _......._. . From: John Freeman [mailto:jrfree@cox.net] Sent: Saturday, July 31, 2010 7:40 AM To: cc@rpv.com Subject: Agenda item #12 comments, Charter City Mayor Wolowicz and City Council members: You don't have to wait until March 8, 2011 to enact the government salary transparency suggestions from CA Governor Schwarzenegger. You can do this today. 8/2/2010 a Of P Los Angeles Times: Schwarzenegger: City salaries should be placed online to avoid another Bell scandal July 29, 2010 1 11:29 am Gov. Arnold Schwarzenegger said Thursday that if local governments have "nothing to hide" then they should post the salaries of top officials online, citing the growing scandal in Bell as an example of the need for disclosure. City managers from across California are gathering in Sacramento today to discuss damage control. The Legislature is also considering several responses to the high salaries in Bell, up to nearly $800,000 for former City Manager Robert Rizzo. "The people should start asking themselves what are their city officials, what are their county officials getting paid," Schwarzenegger told a group of business leaders at round -table discussion in San Diego. Schwarzenegger said outrage over the scandal in Bell has the public calling cities and counties demanding to know what officials are being paid. But local governments, he said, should go one step further and "put your information on a website so people don't even have to call." -- Shane Goldmacher in Sacramento John Freeman Rancho Palos Verdes, CA 8/2/2010 '34 9 CITYOF IAIRANCHO PALOS VERDES TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CAROL W. LYNCH, CITY ATTORNEY, and SHIRI KLIMA, ASSISTANT CITY ATTORNEY DATE: AUGUST 3, 2010 SUBJECT: ADOPTING THE CITY CHARTER REVIEWED: CAROLYN LEHR, CITY MANAGER (,�- , RECOMMENDATIONS Review and approve the attached draft of the City Charter of the City of Rancho Palos Verdes to propose to the City's voters for adoption at an upcoming election. BACKGROUND The City Council stated as one of the City's tactical goals that Staff should provide information about the advantages and disadvantages of becoming a charter city to the City Council by the end of April 2010. Accordingly, a presentation was made to the Council on April 6, 2010. As a result of that meeting, the City Council decided to call a special meeting to occur on June 29, 2010, to hear a comprehensive presentation and discuss the issue of becoming a charter city. At that meeting, the City Attorney's Office gave a presentation to the Council, which was supplemented with a detailed staff report, regarding a variety of areas in which a charter city does or does not have different powers from a general law city, advantages and disadvantages to chartering, and the procedures for becoming a charter city. Because the entire Council could not attend that special meeting, the Council opted to continue the matter until the next regular City Council meeting on July 6, 2010, so that all of the Members of the City Council would be present to make the determination of whether to proceed with the process of adopting a charter. At that meeting, the Council unanimously determined that the City should initiate the process of drafting a charter and appointed a Council Subcommittee of Mayor Wolowicz and Mayor Pro Tem Long to lead the process of having the charter adopted by the City's voters at a consolidated election that would be held on March 8, 2011. On July 23, 2010, the Council Subcommittee met with staff and instructed the City Attorney to prepare a simple city charter, similar to the charter of the City of Buena J1 OF '? 12-1 Park, for the Council's consideration and approval at this meeting. Due to the recent publicity regarding the City of Bell, the City Council Subcommittee requested that the restrictions on Council salaries and reimbursement of expenditures that apply to general law cities continue to be applicable in Rancho Palos Verdes by expressly including them in the City Charter. DISCUSSION The proposed City Charter of the City of Rancho Palos Verdes ("City Charter") declares the residents' intent to restore the historic principles of self -governance inherent in the doctrine of home rule by enacting and adopting a city charter, thereby becoming a California charter city. By doing so, the City avails itself of the full power and authority to legislate in municipal affairs, as provided in the California Constitution, and to legislate pursuant to any grant of law. Additionally, as discussed above, the draft City Charter includes a provision that will continue to restrict City Councilmember compensation, including that of the Mayor, to the limitations in the Government Code regarding the salaries that are paid to council members of general law cities. Pursuant to the limitations set forth in state law for a City with approximately 40,000 residents, Rancho Palos Verdes City Council Members receive a monthly salary of $400.00. Secondly, the City Charter includes a provision that will continue to restrict City reimbursement of expenses incurred by City Council Members, including the Mayor, in the performance of their official duties on behalf of the City to the limitations specified in the Government Code for city council members in general law cities. Compensation and reimbursement changes are not motivating factors for the City Council in proposing that the City become a charter city. Rather, the City Council is interested in providing the many economic benefits to the City that derive from being a charter city, such as not being required to pay prevailing wages in connection with City projects and the ability to protect, to the extent feasible, City revenues from being raided by the State. Because of the situation in the City of Bell, the City Council wants to assure the public that the City Council does not wish to create a similar opportunity for malfeasance in the City of Rancho Palos Verdes. Thus, the draft charter provides that the restrictions on Council salaries and reimbursement of expenditures that apply to general law cities will continue to be applicable in Rancho Palos Verdes. Because these provisions would be included in the City Charter, any amendments to, or repeal of, these provisions would require a majority vote of the City's voters. 2 R6876-0001 \1249537v4.doc 12-2 CONCLUSION The City Attorney recommends that the City Council approve the proposed City Charter of the City of Rancho Palos Verdes, which is attached to this report, and move forward with public education and outreach efforts about chartering so that the charter can be presented at an upcoming election. Attachment: Proposed City Charter of the City of Rancho Palos Verdes 3 R6876 -000111249537v4. do c 12-3 City Charter of the City of Rancho Palos Verdes PREAMBLE We the people of the City of Rancho Palos Verdes declare our intent to restore to our community the historic principles of self governance inherent in the doctrine of home - rule. Sincerely committed to the belief that local government has the closest affinity to the people governed, and firm in the conviction that the economic and fiscal independence of our local government will promote the health, safety and welfare of all the citizens of this City, we do hereby exercise the express right granted by the Constitution of the State of California to enact and adopt this Charter for the City of Rancho Palos Verdes. Article I — Municipal Affairs: Generally Section 100. Municipal Affairs. The City shall have full power and authority to adopt, make, exercise and enforce all legislation, laws, and regulations and to take all actions relating to municipal affairs, without limitation, which may be lawfully adopted, made, exercised, taken or enforced under the Constitution of the State of California. Article 11— General Laws Section 100. General Law Powers. In addition to the power and authority granted by the terms of this Charter and the Constitution of the State of California, the City shall have the power and authority to adopt, make, exercise and enforce all legislation, laws and regulations and to take all actions and to exercise any and all rights, powers, and privileges heretofore or hereafter established, granted or prescribed by any law of the State of California or by any other lawful authority. In the event of any conflict between the provisions of this Charter and the provisions of the general laws of the State of California, the provisions of this Charter shall control. Article III — Councilmember Compensation and Expenses Section 100. Councilmember Compensation. All of the members of the City Council, including the Mayor, shall continue to receive as compensation for their services a monthly salary in an amount established in accordance with, and limited by, the provisions of law applicable to the salaries of City Council members in general law cities as set forth in Section 36516 of the Government Code of the State of California or any successor provision thereto. Section 200. Councilmember Expenses. All of the members of the City Council, including the Mayor, shall continue to be entitled to reimbursement for their actual and necessary expenses incurred in the performance of their official duties as stated in, and limited by, the provisions of law applicable to the reimbursement for expenses of City Council members in general law cities as set forth in Sections 36514.5, 53232.2 and 53232.3 of the Government Code of the State of California or any successor provisions thereto. 1244773-2 �� 12-4 Article IV — Interpretation Section 100. Construction and Interpretation. The language contained in this Charter is intended to be permissive rather than exclusive or limiting and shall be liberally and broadly construed in favor of the exercise by the City of its power to govern with respect to any matter which is a municipal affair. Section 200. Severability. If any provision of this Charter should be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law. The electors of the City of Rancho Palos Verdes, by a majority of the votes cast, adopted this Charter of the City of Rancho Palos Verdes at the general municipal election held . The results of such election were certified by the City Council of the City of Rancho Palos Verdes through adoption of its Resolution No. 1244773-2 FW 12-5 From: Ken Dyda [kendyda@verizon.net] Sent: Sunday, August 01, 2010 8:30 PM To: cc@rpv.com Subject: Charter Dear council, Just as the compensation for council members and the mayor are tied to the Contract Cities (General Law Cities) prtocess, so should the compensation process be applicable to the city manager and senior staff as it has been in the past. In the opening sections relating to the legislative powers of the council, I don't see anything that would protect and preserve the City's goals or General Plan. How will these, which reflect the overwhelming desire of the residents, be protected? Ken Dyda 8/2/2010 lc:� From: Jeffrey Lewis [Jeff@jeffiewislaw.com] Sent: Saturday, July 31, 2010 1:29 PM To: Jeffrey Lewis Subject: RPV as a Charter City Dear Friends, The City of RPV is contemplating becoming a charter city. I have summarized some of the issues, including letters to the editors in favor and against the issue, the text of the draft proposed charter and the city staff report on the issue. Regardless of your position, I urge you to read the charter and learn more about the prospect of city charterhood. You can access my summary here: http://palosverdestruth.wordpress.com/2010/07/31 /charter-status-for-rpv/ The RPV City Council will take up the issue at its next meeting on Tuesday, August 3, 2010, 7:00 p.m. Jeffrey Lewis Attorney at Law Office: 609 Deep Valley Drive, Suite 200, Rolling Hills Estates, CA 90274 Mail: P.O. Box 3201, Palos Verdes Peninsula, CA 90274 Tel. (10)265-4490 - Fax. L31 Q)_872-5389 - E -Mail: Jeff@JeffLewisLaw.com Web: www.JeffLewisLaw.com This message may be covered by the attorney-client, attorney work product and/or other applicable legal privileges. Unauthorized possession or use of this e-mail is prohibited. If you are not the intended recipient of this e-mail, please contact the sender immediately. J 8/2/2010 Palos Verdes Truth Truth./or Palos Verdes politics and current events Charter Status for RPV Posted on July 31,,., 2Q10 by Jeffrey Lewis Rate This The City of RPV is considering becoming a charter city. On Tuesday, August 3, 20io,the City will consider the issue and whether to appoint city residents to participate in the process. A copy of the city's staff report, including the draft charter, is accessible here. Vocal RPV Resident Don Reeves wrote the following to the Daily Breeze: Charter status wrong for RPV Be afraid — be very afraid. Led by the three usual suspects and the overcompensated city manager, the Rancho Palos Verdes City Council has embarked on a new quest: turning Rancho Palos Verdes into a charter city. It is reported that their highly paid consultant has referenced none other than the city of Bell as a poster child for charter cities. These councilmen, who have brought you the storm drain user fee, the voted -down transient occupancy tax increase, the proposed Annenberg animal farm, perhaps a useless Abalone Cove snack shack, a trash system loved by all, perhaps an unneeded new City Hall and a plethora of wasteful spending on special-interest projects, are at it again looking for additional ways to control the city and spend your tax dollars. Although a more in-depth analysis is required, just the thought that this or any Rancho Palos Verdes city government would have unlimited total control of personnel, salaries, land use, etc., should be enough to create voter outrage. - D.F. Reeves, Rancho Palos Verdes Councilman Doug Stern replied ...as_fol..l_.o...ws: Don Reeves' Letter to the Editor ("Charter status wrong for RPV,"July 30, 2010) shows a disturbing lack of civility in his public discourse. His all -too -often method of demonizing all with whom he disagrees, and denigrating all ideas he finds inconsistent with his own, does not advance anyone's understanding of the issues. One would hope that mature adults could elevate the level of the discussion, not lower it. Reeves attacks the notion of RPV becoming a charter city, a suggestion unanimously adopted by all five sitting council members, Anthony Misetich, Brian Campbell, Steve Wolowicz, Tom Long and myself. Instead, Reeves implies that only three council members took such action. That is demeaning to council members Misetich and Campbell. Importantly, Reeves does not mention that the motivation for seeking charter status includes protecting RPV residents by preventing the loss of revenue to Sacramento. For example, the Transient Occupancy Tax generated by Terranea may be better protected by charter city status. Another clear fiscally conservative advantage of charter city status is the elimination of the requirement to pay prevailing wage for projects the city undertakes. While Reeves labels himself a fiscal conservative, he omits all mention of this clear advantage of charter city status to the residents of RPV. This, and other issues deserve civil debate, not name calling. Finally, Reeves labels the RPV City Manager an "overcompensated city manager" simply to demean her and for no valid purpose. He never informs the readers that City Manager Carolyn Lehr is one of the lowest compensated City Managers when compared to a peer group of comparable cities. Each year, when setting the City Manager's compensation, the City Council conducts a salary and benefits survey of peer cities to determine a fair compensation. Each year the Council has chosen compensation at the low end of the peer group. This reflected the City Council's conservative fiscal view, not the esteem in which it holds Carolyn Lehr nor the quality of the leadership she has provided. In fact, the Council has always noted that the RPV Cita/ Manager has done a stellarjob in managing RPV. Public debate should be about ideas. Letters written simply to demean and attack reflect poorly on the writer. Mayor Pro Tem Tom Long pr pl e..d as...fo.1...1...ows: The proposed Rancho Palos Verdes charter is not modelled after Bell at all. It will leave all of the restrictions of state law on government salaries in place, unlike the Bell charter. The proposed charter will also allow RPV to protect its hotel tax revenues from Terranea and to save millions of dollars in added costs of prevailing wages on public works projects. The proposed charter is supported by all 5 councilmembers. Three of the councilmembers are termed out and so have no motive in seeking a city charter other than helping the city. Don Reeves' opposition to the charter is misplaced and just another effort of his (having failed twice) to create an issue to help him win election to the council himself. Let's hope the voters do what is in the city's best interest. Tom Long Mayor Pro Tem, Rancho Palos Verdes I reDl.ied as. follows: Andrew Simon, the proposed text of the charter can be accessed at this link: littp://www.palosverdes.com/rpvlcitijcouncil/ag... One key difference between the City of RPV and the City of Bell is transparency. The Bell salaries were only discovered after the LA Times made a Freedom of Information Request. The City of RPV salaries have always been well publicized. Indeed, Mr. Reeves himself disseminates those salaries to his readers at every opportunity. With transparency, comes accountability, as is slowly but surely coming to the City of Bell with resignations and investigations. The following excerpt is from the staff report on the charter city issue: The proposed City Charter of the City of Rancho Palos Verdes ("City Charter") declares the residents' intent to restore the historic principles of self -governance inherent in the doctrine of home rule by enacting and adopting a city charter, thereby becoming a California charter city. By doing so, the City avails itself of the fill power and authority to legislate in municipal affairs, as provided in the California Constitution, and to legislate pursuant to any grant of law. Additionally, as discussed above, the draft City Charter includes a provision that will continue to restrict City Councilmember compensation, including that of the Mayor, to the limitations in the Government Code regarding the salaries that are paid to council members of general law cities. Pursuant to the limitations setforth in state law for a City with approximately 40,000 residents, Rancho Palos Verdes City Council Members receive a monthly salary of $400.00. Secondly, the City Charter includes a provision that will continue to restrict City reimbursement of expenses incurred by City Council Members, including the Mayor, in the performance of their official duties on behalf of the City to the limitations specified in the Government Code for city council members in general law cities. Compensation and reimbursement changes are not motivating factors.for the City Council in proposing that the City become a charter city. Rather, the City Council is interested in providing the many economic benefits to the City that derive from being a charter city, such as not being required to pay prevailing wages in connection with City projects and the ability to protect, to the extent feasible, City revenues from being raided by the State. Because of the situation in the City of Bell, the City Council wants to assure the public that the City Council does not wish to create a similar opportunity for malfeasance in the City of Rancho Palos Verdes. Thus, the draft charter provides that the restrictions on Council salaries and reimbursement of expenditures that apply to general law cities will continue to be applicable in Rancho Palos Verdes. Because these provisions would be included in the City Charter, any amendments to, or repeal of, these provisions would require a majority vote of the City's voters. Article Three of the draft charter contains the following sections: Section loo. Councilmember Compensation. All of the members of the City Council, including the Mayor, shall continue to receive as compensation for their services a monthly salary in an amount established in accordance with, and limited by, the provisions of law applicable to the salaries of City Council members in general law cities as setforth in Section 36516 of the Government Code of the State of California or any successor provision thereto. e Section 200. Councilmember Expenses. All of the members of the City Council, including the Mayor, shall continue to be entitled to reimbursementfor their actual and necessary expenses incurred in the performance of their official duties as stated in, and limited by, the provisions of law applicable to the reimbursementfor expenses of City Council members in general law cities as set forth in Sections 36514.5,53232.2 and 53232.3 of the Government Code of the State of California or any successor provisions thereto. Do you have an opinion on charter city status for RPV? I urge you to e-mail your city council in advance of this Tuesday's city council meeting at "cc ct rpv.com" Possibly related posts: (automatically generated) ...R.......PV....app_roves_ a�xyrno.,u,...,.nt Expanso.n. Nhy...Sect o _x,.7.3.0..J.o.o,o.5o.._Qf. a..ry o nfs..Prop®sed Plan..... Concerns._ e.._(and...S... . RPV City Council to Meet C onight About the Ma:ryamouant Ballot Initiative. Ads by Google 2nd Amendment Danger Mayors Against Illegal Guns Wants to take away ALL guns www..nr...a.ila org/ma Salary .Suvey„s Executive, employee and Board of Director custom surveys. www,_piesidio ay.com Compensation Survey Los Angeles Compensation Experts. Free Download - Compensation Paper. www.lipiscoiisulting.com. Online school, grade K-12 Play a part in your kids' schooling With Kit tuition free online school www.K12.com About Jeffrey Lewis Jeffrey Lewis has been practicing law in Southern California for over thirteen years. Mr. Lewis' current practice is limited to handling civil and criminal appellate proceedings as well as select business litigation matters in courts throughout Southern California. view_all..pt..1st This entry was posted in Uncategorized and tagged Elections. Current Events, Politics, Charter City. Bookmark the permalink. Palos Verdes Truth Blog a1 WordPress.cmn . • ,r One Response to Charter Status for RPV NOM Richards says: August 1, 2010 at 12:16 am I am still on the fence about R.P.V. becoming a Charter City. There is no way in heck that Council members Misetich and Campbell would ever even listen to anyone trying to do anything like what happened in Bell and when they become the veterans on the Council in 2011, I think it should be up to the electorate to demand from every candidate seeking one of the three seats coming up in the 2011 election to state there opinions about R.P.V. being a Charter City. I am not a fan of using any tax money to market, campaign, or support either a yes vote or a no vote on whether R.P.V. will become a Charter City. I do have reluctance in voting for a measure that could see the city not following prevailing wage laws, but I have heard some fairly good reasons for not continuing prevailing wage laws, but I am not convinced our city would get the best services for whatever fewer dollars are paid. I also understand that having the vote in about 7 months and a couple of days may seem to me and others that things are rushing a bit too fast without any real handle on what a cross section of the registered voters actually think about having R.P.V. becoming a Charter City. But, a Charter City status would quickly end end -around runs like what we are watching Maryrnount College supporters are trying to do. Charter City status also provides some other freedoms not now enjoyed by city legislators, whether that is good or not. Don Reeves seems to be on the wrong side of many issues in R.P.V. and he and his Palos Verdes Watch comrades normally don't deal with anything other than R.P.V. and P.V.P.U.S.D, so why is their group's name so incorrect? How much more freedom and power might come to Council members should R.P.V. become a Charter City? That is something I want to know as we will have a complete turnover of Council members in just about a two-year period. Will campaigns become more costly? Would otherwise qualified candidates for a seat on the Council find it much harder to get elected? Might term limits be affected? Right now I very cautiously support the measure if taxpayer funds aren't used for anything but the actual election processes, none for campaigning. 0 o Rate This Reply OPERATING BUDGET FOR FISCAL YEAR 2010-2011. Improvement Authority Investment Policy - FY10-11 Adopted and filed the FY10-11 Investment Policy for the Rancho Palos Verdes Improvement Authority. May 2010 Monthly Report of Cash Balances Received and filed the May 2010 Monthly Report of Cash Balances for the Rancho Palos Verdes Improvement Authority. Register of Demands ADOPTED RESOLUTION NO. IA 2010-08, A RESOLUTION OF THE RANCHO PALOS VERDES IMPROVEMENT AUTHORITY, ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. PUBLIC COMMENTS: None. ADJOURNMENT: At 10:16P.M., Chair Wolowicz adjourned_the Improvement Authority meeting._ Attest: %`U1I II I11b,fl l I oma utdl y W:\City Council IA Minutes\2010\20100706 DRAFT IA MINS.doc Chair DRAFT Improvement Authority Minutes July 6, 2010 Page 2 of 2 Deleted: A