20190806 Late CorrespondenceAGENDA ITEM: VJbliC fl'lftiU't~ ...\..
AUGUST 6, 2019
RECEIV ~D FR ~ l).e~e bA ~
ANOADE PART OF THE Rl C0 1 DATTHE
COUNCIL MEETING OF: t tJ aq
OFf.lOE OF THE CITY CLE 15._
RPV CC MEETING PACKET
J M;\DE PART OF THE R F.:(xi~]1JTf;fii:'
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MONITORING NOISE DEICBEL LEVELS
-·---.~------·---··--·-··-~--------~ -------·-·--
{ You can measure the decibel levels of any noise with a handheld Sound Meter or a Decibel Level
Reader. This is something that a Green Hills administrator could use to test sound emissions from
portable stereos and other portable noise makers, or a security guard could potentially carry to
monitor noise levels around the cemetery that might disturb others. A portable sound level meter can
be purchased on Amazon, or there are digital ones that can be downloaded to a smartphone.
Digital: httgs://www. hea lthy_heari ng. corn/reQort/ 4 7 805-The-best -ghone-aQQS -to-measure-noi se-l eve ls
Handheld from Amazon: httgs://www.amazo n.com/RISEPRO-Decibe l-rv1eter-Di g itai-
Sound/dg/BO·J EZ Z8 B5Q/rei=asc df 801 EZZSB50/?tag=hY-QI'O Q:
20&1i ni<Code=dfO&hvadid=1954 518 0 5901 &hvgos=1 o1 &iwnetw=g&hvrand=26965527 458130073-1 O&.h
ygone=&hvgtwo-&.hvg rnt=&hvdev=c&hvd vern d I =&hvl ocint=&hv locphy_=9 0 3 i 003 &11 vta rg id=Q ia-
312317797099&psc=1
*NOTE: Portable Sound Meters can only test the noise level at the instrument that is emitting sound,
which is helpful, but doesn't take into account other acoustics & reverberation that can amplify the
sound as it carries across a distance and, thus, creates a disturbance/nuisance to others (even at a
relatively low decibel level).
-------------------------------------------
,· ;:(, ~s far as decibel levels go, sound carries quite far and typically carries upwards. Due to _
reverberation off the hard, flat surfaces of the rooftop, a relatively low decibel level can travel ,-,lL w · further, causing a nuisance/disturbance, even at low volumes. Any decibel level ordinance ~
~ should be weighed against reverberation of sounds that are bouncing off hard surfaces and
causing them to travel greater distances. Here is a helpful list of decibel levels:
Here are normal sounds you encounter every day as a rough
scale for decibel levels:
e 10 dB: Normal breathing
• 20 dB: Whispering from five feet away
• 30 dB: Whispering nearby
• 40 dB: Quiet library sounds
• 50 dB: Refrigerator
• 60 dB: Electrictoothbrush
o 70 dB: Washing machine
• 80 dB: Alarm clock
• Vacuum cleaner (80)
$ Lawn mower (90)
• Noisy office (90)
• Portable Radio, Stereo or Boom Box (100)
il Chain saw (11 0)
• Amplified music (11 0)
• Snowmobile (120)
• Fireworks (140)
• Aircraft at take-off (180)
More items ...
Noise levels of everyday sounds I Audicus
vvcs.rrant a need fc( dL ..
• Jun 19. 20'17
Noise levels of everyday sounds l Audicus_
https:/lwww.audicus.com/noise-levels-of-everyday-sounds/
Common environmental noise levels I Cf-·!C
Common environmental noise levels I CHC
~-!c\!\1 loud is too loud? C~ontinuecl exposure to noise above BS
dB/\ (adjusted decibels) over tinl6 vvi!l cause flecl.ring ...
·~.
While taking my walk one morning I noticed that Mr.Resich and Company finally repaired
the chain link fence on the Western side of the cemetery abutting Rolling Hills Covenant
Church. It is the fence, I have pointed out to you many times at City meetings, I have squeezed
through that open fence for years and have shared it with many throughout the years. I have
enclosed two photos, for your convenience, one is before they closed the chain link fence and
the other is after they repaired the fence and, appeared to make it a solid chain link fence.
(Photos # 1 & 2 ) While walking around the reservoir for 29 years I have seen the messy and
shotty barbed wire in the back along the trail, that is shared with METROPOLITAN WATER
DISTRICT. (photo #3) From these photos, it appears this is where a certain group of people
could easily enter the Cemetery. The graffitti is rampant! Finally, after two years the chain link
fence is being repaired, one little problem,, not in compliance with the CUP,, The conditions
below are not being honored,respected, ignored you name it, so typical of the relationship they
hold dear ....... in violation of the CUP ... JUST FOLLOW THE RULES! II By the way, I highly
recommend the razor wire the MWD uses ....
NOVEMBER 17, 2015 ..... .
1. CONDITIONS OF APPROVAL FOR GREEN HILLS CEMETERY MASTER PLAN
RESOLUTION NO. 2015-102,,, THIS APPROVAL IS A REVISION TO THE GREEN HILLS
MASTER PLAN , AND SHALL BE CONSISTENT WITH THE "MASTER PLAN AMENDMENT
SUBMITTAL PACKAGE" BOOKLET DATED JANUARY 29,2007, PREPARED BY J. STUART
TODD INC. NUMBER( 27) FENCING,, The existing chain link fence and wrought iron fence,
which surrounds the perimeter of the cemetery site, shall be maintained. On those areas of the
fence specifically owned by the cemetery , and where not directed otherwise by the adjacent
water authority, NO BARBED WIRE ON THE TOP OF THESE FENCES IS ALLOWED , AND
ANY EXISTING BARBED WIRE SHALL BE REMOVED WITHIN 90 DAYS OF FINAL
APPROVAL OF THIS MASTER PLAN REVISION. This appears to be a direct violation of the
CUP, but again, not surprising .... Instead of removing the BARBED WIRE, In (photo #4) you
can view them adding BARBED WIRE to the existing fences. It appears they are trying to be in
compliance with the SOLID FENCES AND WALLS. (This is part of the January 31, 2017
conditions of approval.) So they add the green vinyl to the existing chain link fences, and top it
off with BRAND new BARBED WIRE. What do you call a chain link fence with green slats
added? If you have a great imagination you could, sort of say, the vinyl strips make this a solid
fence!!!
JANUARY 31, 2017 ........ .
2. CONDITIONS OF APPROVAL FOR GREEN HILLS CEMETERY MASTER PLAN, THIS
APPROVAL IS A REVISION TO THE GREEN HILLS MASTf;R PLAN, AND SHALL BE
CONSISTENT WITH THE 'MASTER PLAN AMENDMENT SUBMITTAL PACKAGE " BOOKLET
DATED JANUARY 29, 2007, PREPARED BY J. STUART TODD INC., NUMBER (4)
FENCING AND WALLS,, Freestanding fences and walls throughout the property. Fences and
walls (excluding perimeter fences and walls) located outside of structure setbacks may
accommodate niches or vault interments and are not subject to interment setbacks ..
PERIMETER FENCES AND WALLS SHALL BE SOLID. A solid fence is strongly
constructed, not flimsy! Enclosed (photo #5) you shall see an example of a solid wall or
fence. Now this is impressive!!! I recommend this around the perimeter of the cemetery, and
guess what ,,they would be in compliance with the Conditional Use Permit. .. No barbed wire,
razor wire or green vinyl slats, (pretending to have a solid fence) and making it a little more
difficult for whomever wants to enter the cemetery,,!!!! Could be a legal win ..
INDEMNIFICATION .. AS OF DECEMBER 19, 2017 GC 54956.9(d)(4) Based on existing
facts and circumstances, the legislative body of City of Rancho Palos Verdes is still deciding
whether to initiate litigation against Green Hills Memorial Park, regarding indemnification in the
following cases,BS166493, BS160652, BC629637, (Sharon Loveys, et,al,) Apparently, Green
Hills has not paid the first indemnification signed January 18, 2016, so I ask again ,among the
19 conditions of approval for this MAJOR GRADING PERMIT #5 baffles me, how can you trust
they will ever pay any of the fees owed .. Closed sessions cost the city money ... l believe the
voting public ( Rancho Palos Verdes ) would be furious if they knew Green Hills had not taken
care of their financial obligations. The next big question,, HOW MUCH MORE WILL IT COST
THE CITY TO LITIGATE?
Thank you, Sharon Loveys
TO:
FROM:
DATE:
SUBJECT:
CITY OF RANCHO PALOS VERDES
HONORABLE MAYOR & CITY COUNCIL MEMBERS
CITY CLERK
AUGUST 6, 2019
ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA
Attached are revisions/additions and/or amendments to the agenda material presented
for tonight's meeting.
Item No.
1
Description of Material
Attachment B (Sunbeam Consulting Agreement)
Email from Sunshine; Email exchange between Deputy Director of
Community Development Kim and April Sandell
**PLEASE NOTE: Materials attached after the color page(s) were submitted
through Monday, August 5, 2019**.
Respectfully submitted,
L:\LATE CORRESPONDENCE\2019 Cover Sheets\20190806 additions revisions to agenda.docx
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
SUNBEAM CONSULTING
0 I 203 0006/571656. I I.
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
SUNBEAM CONSULTING
THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and
entered into this 6th day of August, 2019 by and between the CITY OF RANCHO PALOS
VERDES, a California municipal corporation ("City'') and SUNBEAM CONSULTING~ INC, a
California corporation ("Consultant"). City and Consultant may be referred to, individually or
collectively. as "Party'' or ''Parties."
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the
performance ofthe services defined and described particularly in Article I ofthis Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the
services defined and described particularly in Article 1 ofthis Agreement, was selected by the City
to perform those services.
C. Pursuant to the City of Rancho Palos Verdes Municipal Code, City has authority to
enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of those
services defined and described particularly in Article I of this Agreement and desire that the terms
of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration ofthe mutual promises and covenants made by the
Parties and contained herein and other consideration, the value and adequacy of which are hereby
acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide
those services specified in the "Scope of Services'' attached hereto as Exhibit "A" and incorporated
herein by this reference, which may be referred to herein as the "services" or "work'' hereunder.
As a material inducement to the City entering into this Agreement, Consultant represents and
warrants that it has the qualifications, experience, and facilities necessary to properly perform the
services required under this Agreement in a thorough, competent, and professional manner, and is
experienced in performing the work and services contemplated herein. Consultant shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all services
described herein. Consultant covenants that it shall follow the highest professional standards in
performing the work and services required hereunder and that all materials will be both of good
quality as well as fit for the purpose intended. For purposes of this Agreement. the phrase "highest
professional standards" shall mean those standards of practice recognized by one or more first-
class firms performing similar work under similar circumstances.
0 I 203 0006/57 I 656 I
1.2 Consultant's ProposaL
The Scope of Service shall include the Consultant's scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement
shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in
accordance with, all ordinances, resolutions, statutes. rules, and regulations of the City and any
Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 California Labor Law.
If the Scope of Services includes any "public work'' or "maintenance work,'' as those terms
are defined in California Labor Code section 1720 et seq. and California Code of Regulations,
Title 8, Section 16000 et seq., and ifthe total compensation is $1,000 or more, Consultant shall
pay prevailing wages for such work and comply with the requirements in California Labor Code
section 1770 et seq. and 1810 et seq., and all other applicable laws. including the following
requirements:
(a) Public Work. The Parties acknowledge that some or all of the \\1ork to be
performed under this Agreement is a '"public work" as defined in Labor Code Section 1720 and
that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter I
(commencing with Section 1720) of the California Labor Code relating to public works contracts
and the rules and regulations established by the Department of Industrial Relations ("DIR'')
implementing such statutes. The work performed under this Agreement is subject to compliance
monitoring and enforcement by the DIR. Consultant shall post job site notices, as prescribed by
regulation.
(b) Prevailing Wages. Consultant shall pay prevailing wages to the extent
required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the
prevailing rate of per diem wages are on file at City Hall and will be made available to any
interested party on request. By initiating any work under this Agreement, Consultant
acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of
the prevailing rate of per diem wages, and Consultant shall post a copy ofthe same at each job site
where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with
and be bound by the provisions of 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
Consultant shall, as a penalty to the City, forfeit t\vo hundred dollars ($200) for each calendar day,
or portion thereof, for each worker paid Jess than the prevailing rates as determined by the DIR for
the work or craft in which the worker is employed for any public work done pursuant to this
Agreement by Consultant or by any subcontractor.
01203.0006/571656. I 2
(d) Payroll Records. Consultant shall comply with and be bound by the
provisions ofLabor Code Section 1776, which requires Consultant and each subconsultant to: keep
accurate payroll records and verify such records in writing under penalty of petjury, as specified
in Section 1776; certify and make such payroll records available for inspection as provided by
Section 1776; and inform the City ofthe location ofthe records.
(e) Apprentices. Consultant shall comply with and be bound by the provisions
of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8,
Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant
shall be responsible for compliance with these aforementioned Sections for all apprenticeable
occupations. Prior to commencing work under this Agreement, Consultant shall provide City with
a copy of the information submitted to any applicable apprenticeship program. Within sixty (60)
days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants
shall submit to the City a verified statement of the journeyman and apprentice hours performed
under this Agreement.
(I) Eight-Hour Work Day. Consultant acknowledges that eight (8) hours labor
constitutes a legal day's work. Consultant shall comply \Vith and be bound by Labor Code Section
1810.
(g) Penalties for Excess Hours. Consultant shall comply with and be bound by
the provisions of Labor Code Section 1813 concerning penalties for workers who work excess
hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each
worker employed in the performance of this Agreement by the Consultant or by any subcontractor
for each calendar day during which such worker is required or permitted to work more than eight
(8) hours in any one calendar day and forty ( 40) hours in any one calendar week in violation of the
provisions of Division 2, Part 7, Chapter I, Article 3 of the Labor Code. Pursuant to Labor Code
section 1815, work performed by employees of Consultant in excess of eight (8) hours per day,
and forty (40) hours during any one week shall be permitted upon public work upon compensation
for all hours worked in excess of 8 hours per day at not less than one and one-half (I Vz) times the
basic rate of pay.
(h) Workers' Compensation. California Labor Code Sections 1860 and 3700
provide that every employer will be required to secure the payment of compensation to its
employees if it has employees. In accordance with the provisions of California Labor Code Section
1861, Consultant certifies as follows:
'"I am aware of the provisions of Section 3 700 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.''
Consultant's Authorized Initials ----
(i) Consultant's Responsibility for Subcontractors. For every subcontractor
who will perform work under this Agreement, Consultant shall be responsible for such
(I 1203 0006/571656. 1 3
subcontractor's compliance with Division 2, Part 7, Chapter I (commencing with Section 1720) of
the California Labor Code, and shall make such compliance a requirement in any contract with
any subcontractor for work under this Agreement. Consultant shall be required to take all actions
necessary to enforce such contractual provisions and ensure subcontractor's compliance, including
without limitation, conducting a review of the certified payroll records of the subcontractor on a
periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers
the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or
rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as
may be required by law for the performance of the services required by this Agreement. Consultant
shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties
and interest, which may be imposed by law and arise from or are necessary for the Consultant's
performance of the services required by this Agreement and shall indemnify, defend and hold
harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes,
penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. Tf the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will materially
affect the performance of the services hereunder, Consultant shall immediately inform the City of
such fact and shall not proceed except at Consultant's risk until written instructions are received
from the Contract Officer.
1.7 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish
continuous protection to the work, and the equipment, materials, papers, documents, plans, studies
and/or other components thereof to prevent losses or damages, and shall be responsible for all such
damages, to persons or property, until acceptance of the work by City, except such losses or
damages as may be caused by City's own negligence.
1.8 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all instruments,
prepare all documents and take all actions as may be reasonably necessary to carry out the purposes
of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of
the other.
01203 0006/571 656 I 4
1.9 Additional Services.
City shall have the right at any time during the performance of the services, \Vithout
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or
make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work,
and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written
approval of the Consultant. Any increase in compensation of up to ten percent (I 0%) of the
Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty
( 180) days, may be approved by the Contract Officer. Any greater increases. taken either separately
or cumulatively, must be approved by the City Council. It is expressly understood by Consultant
that the provisions of this Section shall not apply to services specifically set forth in the Scope of
Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided
pursuant to the Scope of Services may be more costly or time consuming than Consultant
anticipates and that Consultant shall not be entitled to additional compensation therefor. City may
in its sole and absolute discretion have similar work done by other Consultants. No claims for an
increase in the Contract Sum or time for performance shall be valid unless the procedures
established in this Section are followed.
1.10 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein
by this reference. In the event of a confiict between the provisions of Exhibit "B'' and any other
provisions of this Agreement, the provisions of Exhibit ''8" shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set fo1th in this Agreement, City agrees to pay Consultant the
amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C'' and
incorporated herein by this reference. The total compensation, including reimbursement for actual
expenses, shall not exceed $25,600 (Twenty-five Thousand, Six Hundred Dollars) (the
''Contract Sum"), unless additional compensation is approved pursuant to Section 1 .9.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services, less
contract retention; (iii) payment for time and materials based upon the Consultant's rates as
specified in the Schedule of Compensation, provided that (a) time estimates are provided for the
performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not
exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
01 -"03 0000/571656. I 5
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance ofthe work \Vith City is a critical component of the services. If
Consultant is required to attend additional meetings to facilitate such coordination, Consultant
shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and
expenses incurred during the preceding month in a form approved by City's Director of Finance.
By submitting an invoice for payment under this Agreement, Consultant is certifying compliance
with all provisions of the Agreement. The invoice shall contain all information specified in ~xhibit
"'C", and shall detail charges for all necessary and actual expenses by the following categories:
labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-
contractor charges shall also be detailed by such categories. Consultant shall not invoice City for
any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Consultant to be paid within forty-five (45) days of receipt of Consultant's correct and undisputed
invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures,
the City cannot guarantee that payment will occur within this time period. ln the event any charges
or expenses are disputed by City. the original invoice shall be returned by City to Consultant for
correction and resubmission. Review and payment by City for any invoice provided by the
Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable
law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed
to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is ofthe essence in the performance ofthis Agreement.
0 I 203 0006/57 I 656 I 6
3,2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
\Vritten notice to proceed and shall perform all services within the time period(s) established in the
"Schedule of Performance'' attached hereto as Exhibit "D'' and incorporated herein by this
reference. When requested by the Consultant, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding
one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Consultant,
including, but not restricted to. acts of God or of the public enemy, unusually severe weather. fires,
earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
litigation, and/or acts of any governmental agency. including the City, if the Consultant shall
within ten (1 0) days of the commencement of such delay notify the Contract Officer in writing of
the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and
extend the time for performing the services for the period ofthe enforced delay when and if in the
judgment ofthe Contract Officer such delay is justified. The Contract Officer's determination shall
be final and conclusive upon the pmiies to this Agreement. ln no event shall Consultant be entitled
to recover damages against the City for any delay in the performance of this Agreement however
caused, Consultant's sole remedy being extension ofthe Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with A1iicle 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding I (one)
year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit
"'0"). The City may. in its sole discretion, extend the Term for I (one) additional one-year term.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant ("Principals") are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the work
specif1ed herein and make all decisions in connection therewith:
Charles Stephan Manager
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals \Vere a substantial inducement for City to enter into this Agreement.
Therefore. the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
() 1203.0006/571656 1 7
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally. Consultant shall utilize
only competent personnel to perform services pursuant to this Agreement. Consultant shall make
every reasonable effort to maintain the stability and continuity of Consultant's staff and
subcontractors, if any, assigned to perform the services required under this Agreement. Consultant
shall notify City of any changes in Consultant's staff and subcontractors, if any, assigned to
perform the services required under this Agreement. prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation.
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or any
of Consultant's officers, employees. or agents are in any manner officials. officers. employees or
agents of City. Neither Consultant. nor any of Consultant's officers, employees or agents, shall
obtain any rights to retirement, health care or any other benefits which may otherwise accrue to
City's employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Ron Dragoo. City Engineer. or such person as may be
designated by the City Manager. It shall be the Consultant's responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the services and the
Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless
otherwise specified herein. any approval of City required hereunder shall mean the approval ofthe
Contract Officer. The Contract Officer shall have authority, if specified in writing by the City
Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of
this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner. mode or
means by which Consultant, its agents or employees. perform the services required herein, except
as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or
control of Consultant's employees. servants. representatives or agents, or in fixing their number,
compensation or hours of service. Consultant shall perform all services required herein as an
independent contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role. Consultant shall not at any
time or in any manner represent that it or any of its agents or employees are agents or employees
of City. City shall not in any way or for any purpose become or be deemed to be a partner of
Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with
Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
0 I ~03 0006/571656. I 8
Consultant shall not contract \Vith any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,
without the prior written approval of City. Transfers restricted hereunder shall include the transfer
to any person or group of persons acting in concert of more than twenty five percent (25%) ofthe
present ownership and/or control of Consultant, taking all transfers into account on a cumulative
basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this
Agreement shall be void. No approved transfer shall release the Consultant or any surety of
Consultant of any liability hereunder \Vithout the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant's indemnification of City, and prior to commencement of any
services under this Agreement Consultant shall obtain. provide and maintain at its own expense
during the term of this Agreement, policies of insurance of the type and amounts described below
and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in
an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily
injury, personal injury, and property damage. The policy must include contractual liability that has
not been amended. Any endorsement restricting standard ISO ""insured contract" language will not
be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and
property damage for all activities of the Consultant arising out of or in connection with Services
to be performed under this Agreement including coverage for any owned, hired, non-owned or
rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall
maintain professional liability insurance that covers the Services to be performed in connection
with this Agreement, in the minimum amount of $1,000.000 per claim and in the aggregate. Any
policy inception date, continuity date, or retroactive date must be before the effective date of this
Agreement and Consultant agrees to maintain continuous coverage through a period no less than
three (3) years after completion of the services required by this Agreement.
(d) Workers' compensation insurance. Consultant shall maintain Workers'
Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at
least $1 ,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
01203 0006/571656. I 9
(f) Additional Insurance. Policies of such other insurance. as may be required
in the Special Requirements in Exhibit "B".
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City
as evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers' compensation. Insurance certificates and endorsements must be
approved by City's Risk Manager prior to commencement of performance. Current certification
of insurance shall be kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required insurance policies. at any
time.
(b) Duration of coverage. Consultant shall procure and maintain for the
duration ofthis Agreement insurance against claims for injuries to persons or damages to property.
which may arise from or in connection with the performance of the Services hereunder by
Consultant, its agents, representatives, employees or subconsultants.
(c) Primaty/noncontributing. Coverage provided by Consultant shall be
primary and any insurance or self-insurance procured or maintained by City shall not be required
to contribute with it. The limits of insurance required herein may be satisfied by a combination of
primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be
endorsed to contain a provision that such coverage shall also apply on a primary and non-
contributory basis for the benefit of City before the City's own insurance or self-insurance shall
be called upon to protect it as a named insured.
(d) City's rights of enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced,
City has the right but not the duty to obtain the insurance it deems necessary and any premium
paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient
to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of insurance or
that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned
policyholders' Rating of A-(or higher) and Financial Size Category Class VI (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the
City's Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or
appointed officers, agents, officials, employees and volunteers or shall specifically allO\v
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City. and shall require similar written express waivers and insurance clauses from each of
its subconsultants.
() 1203.0006/571656. 1 10
(g) Enforcement of contract prov1s1ons (non-estoppel). Consultant
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Consultant of non-compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or
limits contained in this section are not intended as a limitation on coverage, limits or other
requirements, or a \Vaiver of any coverage normally provided by any insurance. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a given issue and
is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or
a waiver of any type. If the Consultant maintains higher limits than the minimums shown above,
the City requires and shall be entitled to coverage for the higher limits maintained by the
Consultant. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or
broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for
nonpayment for which a ten (I 0) day notice is required) or nonrenewal of coverage for each
required coverage.
U) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees. and agents, and volunteers shall
be additional insureds under such policies. This provision shall also apply to any excess/umbrella
liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance \Vith these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(I) Separation of insureds. A severability of interests provision must apply for
all additional insureds ensuring that Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the insurer's limits of
liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Consultant agrees to ensure that its subconsultants,
subcontractors, and any other party involved with the project who is brought onto or involved in
the project by Consultant, provide the same minimum insurance coverage and endorsements
required of Consultant. Consultant agrees to monitor and review all such coverage and assumes
all responsibility for ensuring that such coverage is provided in conformity with the requirements
of this section. Consultant agrees that upon request, all agreements with consultants,
subcontractors, and others engaged in the project will be submitted to City for revie\v.
(n) Agency's right to revise specifications. The City reserves the right at any
time during the term of the contract to change the amounts and types of insurance required by
giving the Consultant ninety (90) days advance written notice of such change. If such change
results in substantial additional cost to the Consultant, the City and Consultant may renegotiate
Consultant's compensation.
0 I .:>03 0006/57 I 656. I 11
(o) Self-insured retentions. Any self-insured retentions must be declared to and
approved by City. City reserves the right to require that self-insured retentions be eliminated.
10\vered. or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Consultant's performance
under this Agreement, and that involve or may involve coverage under any of the required liability
policies.
(q) Additional insurance. Consultant shall also procure and maintain. at its own
cost and expense, any additional kinds of insurance, which in its own judgment may be necessary
for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify. defend and hold
harmless the City, its officers, employees and agents ("Indemnified Parties") against and will hold
and save them and each ofthem harmless from, any and all actions, either judicial, administrative,
arbitration or regulatory claims, damages to persons or property, losses, costs, penalties,
obligations, errors. omissions or liabilities whether actual or threatened (herein "claims or
liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work. operations or activities provided herein of
Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity
for which Consultant is legally liable ("indemnitors''), or arising from Consultant"s or indemnitors'
reckless or willful misconduct, or arising from Consultant's or indemnitors' negligent performance
of or failure to perform any term, provision, covenant or condition of this Agreement and in
connection therewith:
(a) Consultant will defend any action or actions filed in connection with any
of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys' fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection
with the negligent performance of or failure to perform such work. operations or activities of
Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and
employees harmless theref!·om;
(c) ln the event the City. its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Consultant for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Consultant hereunder, Consultant agrees to pay to the City. its officers,
agents or employees, any and all costs and expenses incurred by the City, its oftieers, agents or
employees in such action or proceeding, including but not limited to. legal costs and attorneys'
fees.
01~03 0006/571656.1 12
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it
fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and
failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Consultant in the performance of professional
services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as
a result of City's sole negligence or willful acts or omissions, but, to the fullest extent permitted
by law, shall apply to claims and liabilities resulting in part from City's negligence, except that
design professionals' indemnity hereunder shall be limited to claims and liabilities arising out of
the negligence, recklessness or willful misconduct of the design professional. The indemnity
obligation shall be binding on successors and assigns of Consultant and shall survive termination
ofthis Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts,
invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder (the "books and records"), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete and
detailed. The Contract Officer shall have full and free access to such books and records at all times
during normal business hours of City, including the right to inspect, copy, audit and make records
and transcripts from such records. Such records shall be maintained for a period of three (3) years
follmving completion ofthe services hereunder, and the City shall have access to such records in
the event any audit is required. In the event of dissolution of Consultant's business, custody of the
books and records may be given to City, and access shall be provided by Consultant's successor
in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in
providing access to the books and records if a public records request is made and disclosure is
required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of
work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees
that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or
\Viii materially increase or decrease the cost of the work or services contemplated herein or, if
Consultant is providing design services, the cost of the project being designed, Consultant shall
promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
0 I ]03 0006/57 I 656. I 13
All drawings, specifications, maps, designs, photographs, studies, surveys, data. notes,
computer files, reports. records, documents and other materials (the "'documents and materials")
prepared by Consultant, its employees. subcontractors and agents in the performance of this
Agreement shall be the property of City and shall be delivered to City upon request ofthe Contract
Officer or upon the termination of this Agreement, and Consultant shall have no claim for further
employment or additional compensation as a result of the exercise by City of its full rights of
ownership use, reuse. or assignment of the documents and materials hereunder. Any use. reuse or
assignment of such completed documents for other projects and/or use ofuncompleted documents
without specific written authorization by the Consultant will be at the City's sole risk and without
liability to Consultant. and Consultant's guarantee and warranties shall not extend to such use,
reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant
shall have the right to use the concepts embodied therein. All subcontractors shall provide for
assignment to City of any documents or materials prepared by them, and in the event Consultant
fails to secure such assignment, Consultant shall indemnify City for all damages resulting
therefrom. Moreover. Consultant with respect to any documents and materials that may qualify as
"'works made for hire" as defined in 17 U.S.C. § I 0 I, such documents and materials are hereby
deemed "works made for hire·· for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors. shall not.
without prior written authorization from the Contract Officer or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions,
response to interrogatories or other information concerning the work performed under this
Agreement. Response to a subpoena or court order shall not be considered "voluntary'' provided
Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and
fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct.
(d) Consultant shall promptly notify City should Consultant, its officers.
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
there under. City retains the right, but has no obligation, to represent Consultant or be present at
any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully \Vith City and
to provide City with the opportunity to review any response to discovery requests provided by
Consultant. However, this right to review any such response does not imply or mean the right by
City to controL direct, or re\vrite said response.
OJ 203 0006/57 I 656. I 14
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of Los Angeles, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California. in the County of Los
Angeles, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work performed after
the date of default. Instead, the City may give notice to Consultant of the default and the reasons
for the default. The notice shall include the timeframe in \Vhich Consultant may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if
circumstances warrant. During the period of time that Consultant is in default, the City shall hold
all invoices and shall. when the default is cured, proceed with payment on the invoices. In the
alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices
during the period of default. If Consultant does not cure the default, the City may take necessary
steps to terminate this Agreement under this Article. Any failure on the part of the City to give
notice of the Consultant's default shall not be deemed to result in a waiver of the City's legal rights
or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant's acts or omissions in performing or failing to perform Consultant's
obligation under this Agreement. In the event that any claim is made by a third patiy, the amount
or validity ohvhich is disputed by Consultant, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of City
to exercise such right to deduct or to withhold shall not, however. affect the obligations of the
Consultant to insure. indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
0 I ]03 0006/571656. I 15
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other
default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any
other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement
would be extremely difficult or impractical to determine in the event of a breach ofthis Agreement,
the Consultant and its sureties shall be liable for and shall pay to the City the sum of$350 (Three
Hundred and Fifty Dollars) as liquidated damages for each working day of delay in the
performance of any service required hereunder. The City may withhold from any monies payable
on account of services performed by the Contractor any accrued liquidated damages.
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon thirty (30) days' written notice to Consultant,
except that where termination is due to the fault of the Consultant, the period of notice may be
such shorter time as may be determined by the Contract Officer. In addition, the Consultant
reserves the right to terminate this Contract at any time. with or without cause, upon sixty (60)
days' written notice to City, except that where termination is due to the fault of the City, the period
of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice
of termination, Consultant shall immediately cease all services hereunder except such as may be
specifically approved by the Contract Officer. Except where the Consultant has initiated
termination, the Consultant shall be entitled to compensation for all services rendered prior to the
effective date ofthe notice of termination and for any services authorized by the Contract Officer
thereafter in accordance with the Schedule of Compensation or such as may be approved by the
Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated
01103 0006/571656 I 16
termination, the Consultant shall be entitled to compensation only for the reasonable value of the
work product actually produced hereunder. In the event of termination without cause pursuant to
this Section, the terminating party need not provide the non-terminating party with the opportunity
to cure pursuant to Section 7.2.
7.9 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this
Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and
prosecute the same to completion by contract or otherwise. and the Consultant shall be liable to
the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such
damages). and City may withhold any payments to the Consultant for the purpose of set-off or
partial payment of the amounts owed the City as previously stated.
7.10 Attorneys' Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such action
or proceeding, in addition to any other relief which may be granted, whether legal or equitable,
shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any
appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable
costs for investigating such action, taking depositions and discovery and all other necessary costs
the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued
on commencement of such action and shall be enforceable whether or not such action is prosecuted
to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Consultant or to its successor, or for breach of any obligation of the terms
ofthis Agreement.
8.2 Conflict of Intet·est.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner \Vith the interests
of City or which would in any \vay hinder Consultant's performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer. employee. agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times avoid
conflicts of interest or the appearance of any conflicts of interest with the interests of City in the
performance ofthis Agreement.
0 I ~03 0006/571656 I I 7
No officer or employee of the City shall have any financial interest direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Consultant \Van·ants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that by and for itself its heirs, executors. assigns. and all persons
claiming under or through them. that there shall be no discrimination against or segregation of.
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status. national origin, ancestry or other protected class in the performance of
this Agreement. Consultant shall take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, color. creed, religion,
sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions ofthe Federal
Immigration and Nationality Act, 8 U .S.C. § II 0 I et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions
imposed, together with any and all costs, including attorneys' fees. incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party
desires or is required to give to the other party or any other person shall be in writing and either
served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager
and to the attention of the Contract Officer (with her/his name and City title), City of Rancho Palos
Verdes, 30940 Hawthorne Blvd., Rancho Palos Verdes. California 90275 and in the case of the
Consultant, to the person(s) at the address designated on the execution page of this Agreement.
Either party may change its address by notifying the other party ofthe change of address in writing.
Notice shall be deemed communicated at the time personally delivered or in seventy-two (72)
hours from the time of mailing ifmailed as provided in this Section.
9.2 Interuretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
01203 0006/571656. I 18
This Agreement may be executed in counterparts, each ofwhich shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. Tt is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. No amendment to or modification
of this Agreement shall be valid unless made in writing and approved by the Consultant and by
the City Council. The parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections
contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or
decree of a court of competent jurisdiction. such invalidity or unenforceability shall not affect any
of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are
hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder
unless the invalid provision is so material that its invalidity deprives either party of the basic benefit
of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation ofNon-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this
Agreement, nor shall any official, officer, or employee of City participate in any decision relating
to this Agreement which may affect his/her financial interest or the financial interest of any
corporation, partnership. or association in which (s)he is directly or indirectly interested, or in
violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
"financial interest" shall be consistent with State law and shall not include interests found to be
'"remote'' or "'non interests" pursuant to Government Code Sections I 091 or I 091.5. Consultant
warrants and represents that it has not paid or given, and will not pay or give, to any third party
including, but not limited to, any City official, officer, or employee, any money, consideration. or
other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s),
or other conduct or collusion that would result in the payment of any money, consideration, or
other thing of value to any third party including, but not limited to, any City official, officer, or
employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is
aware of and understands that any such act(s), omission(s) or other conduct resulting in such
payment of money, consideration, or other thing of value will render this Agreement void and of
no force or effect.
Consultant's Authorized Initials ----
9.7 Corporate Authority.
01203 0006/571656.1 19
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not
violate any provision of any other Agreement to \vhich said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
01 :?03 0006/571656 1 20
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above written.
ATTEST:
Emily Colborn. City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
Jerry V. Duhovic, Mayor
CONSULT ANT:
SUNBEAM CONSULTING.
a California corporation
By: _____________ _
Name: Alan Braatvedt
Title: President
By: _____________ _
Name: Charles Stephan
Title: Secretary
Address: 1817 Josie A venue
Long Beach, California 90815
Two corporate officer signatures required when Consultant is a corporation, with one signature required
from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2)
Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONS liLT ANT'S
SIGNATllRES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BllSINESS ENTITY.
() 1 ~03 00()6/571656. 1 21
CALIFORNIA ALL-PURPOSE ACKNO,VLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached. and not the truthfulness. accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On • 20 19 before me, , personally appeared . proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
T certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature: ________________ _
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORATE OFFICER
D
D
D
D
D
D
TITLE(S)
PARTNER(S) 0 LIMITED
GENERAL
ATTORNEY-TN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER ______________ ___
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTTTY(TES))
012ll30006/571656.1
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
STGNER(S) OTHER THAN NA1\1ED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other of1icer completing this cet1ificate veriiies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2019 before me, , personally appeared , proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
l certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature: ________________ _
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORATE OFFICER
D
D
D
D
D
D
T!TLE(S)
PARTNER(S) D
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
LIMITED
GUARDIAN/CONSERVATOR
OTHER ______ . _______ _
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(TES))
01203 0006/571656. I
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
EXHIBIT "A"
SCOPE OF SERVICES
I. Consultant will perform the following inspection services (the "Services'') in conjunction
with the Sign age Project FY 2018-19
A. Inspection ofup to 600 replaced signs
B. Application of bar code labels provided by the City
C. Recording the precise coordinates of each sign and providing that electronic data
for uploading into the City's GIS database
II. As part of the Services, Consultant will prepare and deliver the following tangible work
products to the City:
a. Electronic data of each inspected sign. including the precise coordinates. the
associated barcode label information, and a digital photograph.
HI. In addition to the requirements of Section 6.2, during performance of the Services.
Consultant will keep the City appraised of the status of performance by delivering the
following status reports:
NOT APPLICABLE
IV. All work product is subject to review and acceptance by the City, and must be revised by
the Consultant without additional charge to the City until found satisfactory and accepted
by City.
V. Consultant will utilize the following personnel to accomplish the Services:
Chuck Stephan, Manager
Jim Pugh, Inspector
John Collins, Inspector
0 I 203 0006/57 I 656 I A-I
01203 0006/571656.1
EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
[INTENTIONALLY LEFT BLANK]
B-1
EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:
A.
B.
Management Support
Inspections & GIS
documentation
RATE
Unbilled
$128
TIME
As needed
Up to 200 hours
SUB-BUDGET
$0
Up to $25,600
III. Within the budgeted amounts for each Task, and with the approval of the Contract
Officer, funds may be shifted from one Task subbudget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 1.9.
IV. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours
worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials. and
travel properly charged to the Services.
V. The total compensation for the Services shall not exceed the Contract Sum as
provided in Section 2.1 of this Agreement.
VI. The Consultanes billing rates for all personnel are attached as Exhibit C-1.
NOT APPLICABLE
01203.0006/571656.1 C-1
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance ·with the follmving
schedule:
A.
B.
Management Support
Inspections & GIS
documentation
Days to Perform Deadline Date
80 working days December 15,2019
80 working days December 15, 20 I 9
H. Consultant shall deliver the following tangible work products to the City by the
following dates.
A. Electronic data for GIS database by December 15. 2019
HI. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
0 I 203.0006/57 I 656. I D-1
From:
Sent:
To:
Subject:
Attachments:
Teresa Takaoka
Tuesday, August 6, 20 19 10:14 AM
Nathan Zwe izig; Enyssa Momo li
FW: Interpretation Proceedings . RPV City Council 8/6/2019 Agenda Item 1
2019 evacuate PB -117.jpg
From: SUNSHINE <sunshinerpv@aol.com>
Sent: Monday, August 5, 2019 11:01 PM
To: CC <CC@rpvca .gov>; CityCierk <CityCierk@rpvca.gov>
Cc: Gabriella Yap <gyap@rpvca.gov>; Katie Lozano <Katiel@rpvca.gov>; Elias Sassoon <esasso on@rpvca.gov>; Ara Mihranian
<Ara M@ rpvca .gov>
Subject: In terpretation Proceedings . RPV City Council8/6/2019 Agenda Item 1
Dear Mr. Mayor and Council,
This Agenda Item presents a solution to a lot of problems. The trick remains ... How can the Co uncil
initiate an "interpretation proceeding" when Staff won't initiate a recommendation?
There has been a conflict for several years which has led up to my following email chain with Gabriella
Yap . Katie Lozano has expressed the interpretation that the "Standards" in the RPV Trails Network Plan
(TNP) do not apply in the PV Nature Preserve. The TNP addresses caution signage, erosion control, line
of sight, foliage overgrowth control and all sorts of things which relate to emergency preparedness and the
reduction of user conflicts.
The Council has never had the opportunity to make this specific "interpretation". Residents are suffering
the consequences. Please find a way to save us from the immediate hazard while you find a way to get
Staff to consider each other's specialties. Public comments are supposed to help with avoiding errors and
omissions . Nobody is responding beyond their own little nitch .
If you can't get Staff to define all of the cumulative impacts presented in the draft NCCP, please find a way
to get them to provide an Agenda Report which argues their interpretation that our primary Plans do not
apply to all City owned property and then you decide what does and what does not apply on a property by
property or, Land Use designation basis .
1 I Thank you for digging a little deeper.
SUNSHINE, 310-377-8761
Hello Gabi,
My inquiry was, and still is, due to the fact that "South Central RPV" cannot evacuate via the "main
road". No matter where, or what, the emergency response is about, Palos Verdes Drive South gets shut
down essentially between PV Drive East and Hawthorne.
Apparently you are not aware that the Crenshaw Extension was not "steep" until the City's catch basin and
storm drains along Paintbrush Canyon failed. Before the City purchased the Han Property, CaiWater
repaired the annual erosion damage on the" Burma Road" portion of the Crenshaw Extension. Between
the time the repairs were made and the next heavy rain, all of the Crenshaw Extension, the Burma Road
and several of the emergency access connections shown on the attached map were navigable by the
regular Sheriff's sedans.
Restoration of the Crenshaw Extension was a recommendation by the Public Use Master Plan (PUMP)
Committee. The Council Approved Preserve Trails Plan only deals with use of existing trails. The Trails
Network Plan (TNP) has never been maintained as a "living document". It is beyond me how anyone
thinks that a Consultant will be able to "update" the TNP when even the City Clerk has no list of the trail
easements and encroachment easements which the City has acquired and granted, respectively, since
1984.
When the PVP Land Conservancy (PVPLC) changed their Mission from preventing development of
remaining large tracts of open space to enhancing native habitat, the City Council Approved a series of
Policies which, cumulatively, changed the function of the Public Works Department. Their decision-making
directions to take the initiative on behalf of the citizens of the City of RPV and the whole Peninsula have
been diluted, buried and otherwise removed as a topic of discussion at the City Council level. That is why
you are not finding any specific approvals of specific projects relating to disaster preparedness. According
to the United Nation's Agenda for the 21st Century (UN Agenda 21), semi-rural areas are supposed to burn
down and the property owners not allowed to rebuild.
Your claim that all you can do is check with the Fire Department and the Sheriff's Department indicates that
you are pleading ignorance and have no intention of helping RPV's "south central residents" physically and
financially survive a wildfire. Our City Manager, Doug Willmore, has admitted that RPV's Staff Members
have taken the "ICLEI Pledge". The International Council for Local Environmental Initiatives is the body
which is in charge of getting local property owners to give up their "life, liberty and pursuit of happiness"
without noticing until after it is gone.
2
Thank you for clarifying that the responsibilities of Community Development (Zone 6 property maintenance,
trail cr it eria and priority, NCCP), Public Works (trail and erosion contro l Engineer ing, fire fuel modification,
landslide remediation), Rec.& Parks (native plant preservation, Preserve access, Gateway Park potential
uses) and Finance (wh at money?) are being kept separated on purpose .
The short answer to my question is ... No, the Emergency Preparedness Citizen Advisory Committee .
(EPC) is not going to be allowed to attempt to balance these conflicting wants and needs in such a way
that our City Council can macro-manage Staff's act ions and lack of them.
Sincere ly,
SUNSHINE
31 0-377-8761
Subject: RE: Questions Re: Rancho Palos Verdes Emergency Preparedness Committee -August 15, 2019 Meeting Cancel lation Notice
Date: 8/1/2019 714:32 PM Pacific Standard Time
From: gyap@rpvca.gov
To sunshinerpv@aol.com , EPC@rpvca .gov , joneill@rpvca .gov , CC@rpvca .gov
Cc: dennisggardner@me.com , joanmc8921 @aol.com , rmbst5@msn.com , idsloan@aol.com , clauderpv@hotmail.com ,
professorohlaker@gmail.com , leetwid@yahoo.com , gardner4@earthlink.net , jcsmolley@cox.net , robert .cumby@cox .net ,
ksnell0001 @aol.com , bzzask@gmail.com
Sent from the Internet (Details)
Hello Sunshine,
3
The EPC is normally dark in August. There hasn't been any direction from the Council to look into a so uth
central evacuation route and I have not found anything approved related to a "Crenshaw Extension
Restoration Project". The Fire and Sheriff's Departments discussed the protocols during evacuation at the
6/18 meeting (link : https://rpv.granicus.com/player/clip/3448?view id=S&meta id=71542 ) and generally when people
evacuate, it will be via the main roads. Looking at the Woolsley fire, 2 of the 3 fatalities were related to
people going on their own access routes rather than heeding the evacuation directions. It would be difficult
to drive in the Preserve, given how steep it can be and especially if there was a fire creating limited
visibility. In a presentation we saw from the Fire Department, Chief Osby showed a video from one of their
vehicles and the smoke, even in the daytime, made it impossibly hard to drive through . I will check in with
the Sheriff's and Fire if this is something we should be looking at, but they did not indicate this when we'd
previously spoken.
Thanks.
Gabi
Gabriella Yap
Deputy City Manager
City of Rancho Palos Verdes
30940 Hawthorne Blvd .
Rancho Palos Verdes, CA 90275
(310) 544-5203 (office)
(31 0) 544-5291 (fax)
From: SUNSHINE [mailto:sunshinerpv@aol.com ]
Sent: Thursday, August 01, 2019 5:55 PM
To: Gabriella Yap <gyap@rpvca.gov >; EPC <EPC@rpvca.gov >; James O'Neill <joneill@rpvca.gov >; CC
<CC@rpvca.gov >
Cc: dennisggardner@me.com ; joanmc8921@aol.com ; rmbst5@msn.com ; idsloan@aol.com ;
clauderpv@hotmail.com ; professorohlaker@gmail.com ; leetwid@yahoo .com ; gardner4@earthlink.net ;
jcsmolley@cox.net ; robert.cumby@cox.net ; ksnell0001 @aol.com ; bzzask@gmail.com
Subject: Questions. Re: Rancho Palos Verdes Emergency Preparedness Committee-August 15, 2019
Meeting Cancellation Notice
4
Hi Gabi,
Why cancelled? When are they going to get to weigh in on a south central evacuation route? The
Crenshaw Extension Restoration Project is waiting for input from Community Development (Zone 6
property maintenance, trail criteria and priority, NCCP), Public Works (trail and erosion control Engineering,
fire fuel modification, landslide remediation), Rec .& Parks (native plant preservation, Preserve access,
Gateway Park potential uses) and Finance (what money?).
Wouldn't it make sense for the Emergency Preparedness Citizen Advisory Committee to offer to take this
on as a "task" since nobody else is looking at the urgent emergency preparedness angle as it relates to
these isolated "wants and needs"?
See the attached map. I am looking for a way to get these exit routes restored. Speaking with individual
Department Directors has gotten me nothing in the way of direction. Please pull this one
together. TNX .... S 310 -377 -8761
In a message dated 8/1 /2019 2:35:13 PM Pacific Standard Time,listserv@civicplus.com writes:
View thi s in you r browser
To view the meeting cancellation notice, click on the link below:
Emergency Preparedness Committee August 15, 2019-Notice of Canceled Meeting
Questions? Contact Deputy City Manager Gabriella Yap at: gyap@rpvca.gov or 310 -544-5203
This message is sent by the City of Rancho Palos Verdes as part of a "Notify Me" Listserv category you are s igned up for. Please
do not press "reply" when responding to this message, it is an unmon itored ema il address . You can make changes to your
subscript ion by v isiting http://www .rpvca .gov/list.aspx .
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5
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(
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SECTION 3
PARCEL NAMES
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PLEASE REFER TO SECTION 3 TEXT FOR DESCRIPTIONS
From:
Sent:
To:
Subject:
Late carr
From: So Kim <SoK@rpvca.gov>
Teresa Takaoka
Tuesday, August 6, 20 19 12:11 PM
CityCierk
FW: Aug . 6th Public Hearing Item # 1. re: emp loyee housing opportunities
Sent: Tuesday, August 6, 2019 12 :06 PM
To: April Sandell <hvybags@cox.net>
Cc: CC <CC@rpvca.go v >; Ara Mihranian <AraM@rpvca .gov>
Subject: RE: Aug . 6th Public Hearing Item# 1. re: emp loyee housing opportunities
Hi April,
The City does regulate rental of rooms. As for building additional units, the City may process a Second Dwelling Unit (aka
Accessory Dwelling Unit) or accessory structures for compliance with City's guidelines and codes .
Sincerely,
So Kim, AICP
Deputy Director/Planning Manager
Community Development Department
City of Rancho Palos Verdes
www. rpvca .gov
(310 ) 544-5222
From: April Sande ll <hvybags@cox.net >
Sent: Tuesday, August 6, 2019 10:38 AM
To: So Kim <SoK@rpvca .gov >
Cc: CC <CC@rpvca.gov >
Subject: Re: Aug . 6th Pub lic Hearing Item# 1. re: emp loyee housing opportunities
Thanks. Question: A t this time single-fami ly zoned property owners , can by right rent out extra rooms in there
existing home or build additional rental units? And the city lacks contro l except comp liance w/ the city 's building
and safety codes? I hop e your counc il council/public hearing report is clear as to the opportunity for residents to
rent rooms for longer than 30 days. (Ie not vacation rental but permanent housing)
Thanks again. Apri l
On Aug 6 , 2019 , at 7:56AM, So Kim <SoK@ rpvca.gov> wrote:
Good Morning,
Please see my responses in red text below. Please let me know if you have further questions.
Sincerel y,
So Kim, AICP
Deputy Director/Planning Manager
Community Development Department I
City of Rancho Pa los Verdes
www. rpvca .gov
(310) 544 -5222
From: April Sande ll <hvybags@cox .net >
Sent: Tuesday, August 6, 2019 6:12AM
To: So Kim <Sol<@rpvca.gov >
Cc: CC <CC@rpvca.gov >
Subject: Aug. 6th Public Hearing Item# 1. re: employee housing opportunities
Good morning Ms. Kim ,
What exactly is the existing city ordinance allowing a RPV single-family property owner to
rent out rooms to as many potential renters they choose , employed or not? The City does not
have an ordinance regulating rentals.
And in this particular subject case , would the "employee" need to be employed within the
RPV city boundary? Employee housing is not limited to employees employed within the City of RPV.
I think, the word "employee" restricts the use which is not the case today as far as I can
tell. Under the City's Single -Family Residential zoning district "[any] other use which specifically is required to
be perm itted by state or federal law" is permitted by right . As the State requires cities to permit employee
housing by right, this use is imp l icitly already allowed. It is simply an additional use in the Single-Family
Residential zoning district.
Thank you in advance for your response. (Sorry ... I didn 't have time to ask earlier.)
April Sandell
2
TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS
FROM: CITY CLERK
DATE: AUGUST 5, 2019
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 6, 2019 City Council meeting:
Item No. Description of Material
G Email from Jim Knight
Respectfully submitted,
_____________________
Emily Colborn
L:\LATE CORRESPONDENCE\2019 Cover Sheets\20190806 additions revisions to agenda thru Monday.docx
1
Subject:
Attachments:
FW: Hesse Park consultant
Jim Knight EV charging summary.docx
From: Emily Colborn <ecolborn@rpvca.gov>
Sent: Thursday, August 01, 2019 1:25 PM
To: CityClerk <CityClerk@rpvca.gov>
Subject: FW: Hesse Park consultant
Late Correspondence
Emily Colborn, MMC, City Clerk
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5208 direct
(310) 544-5217 office
Please consider the environment before printing this e-mail
From: Jim Knight <knightjim33@gmail.com>
Sent: Thursday, August 1, 2019 11:10 AM
To: CC <CC@rpvca.gov>
Subject: Hesse Park consultant
Mayor and Council members,
Under consent calendar item G, you are being asked to approve a consultant for the re-design of
the Hesse Park parking lot. I am looking forward to the improvement of Hesse Park and I would
like to suggest some additional information that the consultant should investigate for your review:
1)I would suggest the addition of impervious hardscape areas to recapture stormwater
runoff. This will reduce any flooding and aid the City in complying with NPDS
requirements.
2)I had sent in a recommendation sheet to Ara Mihranian regarding the Electric Vehicle
charging stations. I have attached that recommendation to this email. Please have the
consultant give you feedback on the concepts/issues raised in that letter.
3)One of the proposals in my letter to Ara was to install solar shade structures that could
charge batteries designed as a part of the EV charging stations and could help ameliorate the
City’s electrical costs during peak rate hours.
Thank you for your consideration on these matters and I look forward to the improvements at
Hesse Park.
Jim Knight
G
Hi Ara,
Here is some information on EV chargers.
There are three levels of chargers:
-Level 1 (120 volt AC)-uses an ordinary household plug. Very slow charge rate and
only makes sense with a small battery such as a plug-in hybrid.
-Level 2 (240 volt AC)-used in both home and public places. Both plug-in hybrids
(PHEV) and full battery electric vehicles (BEVs) can use Level 2 at charging rates
from 3.3kWh to 10kWh.
-DC Fast Chargers- 480V with charging rates from 50kWh up to 350kWh.
There a lot of manufacturers to choose from but the major local players in DC fast
charging stations are Electrify America (Volkswagen “Dieselgate” settlement) EVgo
and Chargepoint.
Most public charging stations require some kind of membership and an access code to
imitate charging. Chargepoint has recently partnered with Electrify America to sync
their customer charging interface making it simpler for the customer to cross over
between the two systems with one account.
There are four basic plug interfaces for charging:
1) J1772
This is the most common plug type for all EVs and can accommodate Level 1 and
Level 2 AC charging. Depending on the EV, the rate of charge on Level 2 varies from
3.3kWh (plug-in hybrids) to 6.6 kWh (most full battery EVs) and as high as 10 kWh
such as with Tesla (with a port interface adapter). The 10kWh charger requires a 50
amp dual breaker (240V) for the 40 amp current draw.
DC fast Chargers have two plug interfaces:
2) “CHArge de MOve" or CHAdeMO.
CHAdeMO was used by early adopters of some Japanese models and is used still
today for the Nissan Leaf. Most of the EVs are limited to 50kW output although a
new Nissan Leaf with a larger battery is rated at 100kWh.
3) Combined Charging System (CCS)
CCS is beginning to dominate the DC fast charging field, especially in Europe, as
more and more EV manufacturers adopt this standard. It is more suitable for the
higher charging rate demands of today.
Here is a diagram of a CSS car port and charge plug. The black picture on the right is
the port receptacle on the car. It is a combination of a J-1772 (top ½) and a DC
input (bottom two pins) all in one port. The upper part with 7 pins for the J-1772
plug accommodates both Level 1 and 2 AC charging. The AC output of the charger
is directed to the car’s internal inverter which converts the AC to DC to charge the
battery.
The picture on the left is the DC fast charge plug that fits into this CSS car port and
uses the bottom two larger pins for DC input (bypassing the cars AC/DC inverter)
and 3 of the top pins are used for charging communication with the car (same 3 pins
used for the communication in the J-1772 plug).
Any CCS charging rate above 200kWh requires a liquid cooled charging cable to
accommodate the high volume of electrons being pumped out.
4) Tesla
Tesla has its own charge cable interface and charging infrastructure called
SuperChargers. The new version 3 SuperCharger will charge up to 250kWh. Tesla
EVs can also use adapters to interface with J-1172 and CSS charging plugs.
There are basically two types of plug-in EV models.
-Plug-in hybrids (PHEV) that have smaller batteries usually around 9kW and can use
an AC Level 1 and 2 charger (not a DC fast charger). They also have a petrol backup
engine.
-Full battery electric (BEV) can range from a small battery size like a Leaf-40kW up to
a Tesla with 100kW. Most, but not all, BEVs can use both Level 1 and 2 and DC fast
chargers.
Different EVs have different charging rates (how many kWh it can accept). The
higher the charge rate the less time it takes to fill the battery to gain miles of range. A
particular EV charge rate depends on the sophistication of the Battery Management
System (BMS) to control temperature and charge equalization across the individual
battery cells as well as balancing the battery packs. The BMS is a combination of
hardware, cooling strategy and software. In order to reduce charging times, EV
manufacturers are constantly looking to improve the BMS of new models so their cars
can accept higher and higher charging rates.
A lot of current DC fast chargers are based upon a 50kWh rate. But the EV
manufacturers are designing EV battery systems to accept 100-150 kWh, with Tesla
charging up to 250kWh. The Porsche Taycan is raising the bar higher with an 800
volt 350 kWh acceptance rate. So the demand for charger within the range of
100kWh-300kWh is soon becoming the standard.
Hesse Park
At Hesse Park the City has a choice. The City can decide to put in one AC charger
with an output of say 10 kWh and leave it at that or it could have both the AC and a
DC fast charger.
My recommendation for Hesse Park is one 100kW DC fast charger with two cables
and one Level 2 charger (10kW) with two cables. Two cables can accommodate two
charging spaces. Providing both a level 2 and a DC fast charger will provide service to
both PHEVs and BEVs in the community. Many of the residents are apartment
dwellers and may not have a convenient charging option so placing chargers at Hesse
could be very helpful for them.
Some things to think about with chargers:
1) Placement of chargers. Based upon my experience with public charging,
especially in shopping areas, if the chargers are placed at the most desirable,
closest parking spot to the building entrance, then non-EV car owners are
more tempted to park in the charging space blocking out EVs. So there is less
temptation if the charging spaces are a little further away. But check with State
regulations as to charging spaces and ADA requirements. There may be
specific placement requirements.
2) EV spaces can either be placed side by side at the curb in front of the charger
or, if the charger is placed in a center island, then two spaces on each side can
face each other. It might be best to keep the bulky DC charging station away
from the sidewalk curb and place it at the curb by the opposite hillside. The
AC chargers are much smaller and don’t pose the same issue.
3) Remember that if two EVs are charging at one 100 kWh charger, they will split
the difference and each will charge at a lower 50kWh rate. Some
manufacturers offer software to help with this. If two EVs are charging at one
station with two cables software can be programmed to sense when a vehicle is
near full and automatically allocate more charge to the other vehicle with a
lower battery level. Make sure the manufacturer explains what they offer in the
way of software to control the charger.
4) Install a charger that has an upgradable capacity. Some manufactures offer a
module design wherein upgrades can be added without having to install a new
charger.
5) Install larger electrical conduit to accommodate pulling larger wiring if in the
future higher capacity chargers if needed. The incremental cost is negligible.
6) Find a manufacturer that provides a battery backup. That way you can manage
utility rates better and avoid a high draw during expensive peak hours. SCE
may have a program for this as it helps with their grid load.
7) Find a manufacturer that provides a mobile app for customers so they can
better understand the charging rates before charging and after charging a
readout of the state of charge on their phones when they are away from the
charging station.
8) Ideally the charging station should provide the option for the EV customer to
use a credit card for payment.
9) Ask the manufacturer if they offer a communication protocol such as Open
Charge Point Protocol (OCPP) so that you will be able, through cell service or
internet connection, monitor the charging station from City Hall.
10) Ask the manufacturer if they can provide a software interface that allows the
City to offer local RPV residents a discount on charging. I would assume it
would either be through the RPV resident registering their vehicle with the City
and when that resident plugs into the charging station it recognizes the vehicle
or through the resident’s cell phone accessing an account either from a QR
code printed on the charger or a pre-registered app account.
11) Ask our sister city RHE about their J-1772 ChargePoint charger in their City
Hall parking lot. They could share their experience (pluses and minuses) as well
as giving the RPV Council a real case example from a sister city’s charging
station deployment.
Charging rates
There are three ways to account for charger use: by the minute; by the session; and by
the kWh. Some chargers use a combination. By the kWh is the most equitable as
different EVs have different acceptance rates. But despite this, many companies
charge use by the minute, by the session or a combination of both.
Electrify America’s rates are a combination of session ($1 per session) and by the
minute depending on the charger level selected (much like choosing between regular
or premium at a gas pump). The EV owner decides which level is appropriate
depending on the kW acceptance rate of their vehicle and how fast they want to
charge. If you have a Bolt with a 50kW acceptance rate, you would use the 1-75kW
rate. If you have a Tesla Model 3 with a 250 kWh acceptance rate and you are in hurry
and willing to pay the higher fee, then you might utilize the 1-350 kW rate. They offer
a “Pass+” lower per kWh rate in each category for a monthly fee of $4.00 for people
that regularly DC fast charge.
Be aware these EV charge acceptance rates are the maximum an EV will accept.
Smart EV chargers don’t charge to 100% because the charge rate drops well below
the optimal charge rate once the battery is past 80% state of charge (SOC). Lingering
your charge at this 80-100% SOC results in a trickle of kW input at the charger and
can get unnecessarily expensive as well as very slow in adding miles of range.
For one point of reference here are the Electrify America rates:
POWER LEVEL
COST (+ $1/session)
1 - 350 kW
$0.99 / min.
1 - 125 kW
$0.69 / min.
1 - 75 kW
$0.25 / min.
POWER LEVEL
COST
1 - 350 kW
$0.70 / min.
1 - 125 kW
$0.50 / min.
1 - 75 kW
$0.18 / min.
I highly recommend an idle fee (usually $.40/min.) for EVs that are fully charged but
remain in the space beyond a 10 min. grace period. This encourages the EV owner to
not block the station if their EV no longer needs it. Having a phone app. to
communicate with the charging station helps the EV owner be notified when their
charging session has ended.
Parking signs and regulations.
I have attached some templates put out by Plug-In America suggesting municipal
code language for EV parking.
Also a Here is an example of signage (pre-printed available to purchase at about
$20/sign):
Example of space identification
The City will have to set some municipal codes in place for enforcement of EV
parking spaces.
Rebates and Programs
Depending on the manufacturer, the City may be eligible for rebates. At the federal
level, there is the Alternative Fuel Infrastructure Tax Credit electricity-related
infrastructure and fueling equipment can receive a 30% tax credit up to $30,000.
Although the city may not be eligible for the rebate directly, a manufacturer may offer
a private/public partnership program passing on the tax credit to private investors.
Then there is the Partnership for Sustainable Communities. The entities involved in
this partnership include the Department of Transportation, and the Department
Housing and Urban Development.
SCE has a Charge Ready Program designed for municipalities. Ask for the details as
they may require dedicated separate panel, meter and service, data sharing and a
minimum length participation in the program.
There are numerous manufacturers that can help package a charger system with
rebates and programs.
Some starting points:
https://www.evconnect.com/business-2/
https://www.evgo.com/ev-charging-business/utility-companies/
https://www.chargepoint.com/products/commercial/
https://www.electrifyamerica.com/charging-with-us
Battery backups for public charging stations:
https://www.evgo.com/about/news/evgo-announces-grid-tied-public-fast-charging-
system-second-life-batteries/
Solar shade structures
One option at Hesse Park may be solar shade structures in the parking lot. The lot
near the building has a SW orientation and a W orientation toward the Locklenna Ln.
entrance so it would be feasible to have panel arrays tilted SW and W along these
sections. Adding solar to Hesse park, whether on the building or in the parking lot,
could be coordinated with battery backups for the charging stations not only making
the arrangement more sustainable but save costs as the battery collection of solar
input could mitigate the cost of peak hour grid rates.
There are contractors that specialize in frames for parking lot solar installations. Here
is one out of Sacramento, but there may be others more local.
https://www.blueoakenergy.com/solar-carports
We should talk about solar installation on the Hesse Park building as well.
Hope this helps. Let me know if you have any questions. I highly encourage RPV to
install both solar and charging stations at Hesse Park not only to serve our community
but show that RPV has taken leadership in sustainability.
Best,
Jim Knight