20220517 Late Correspondence1
Subject:FW: Peafowl trapping
From: Leila Bozorgnia, M.D. <DrLeila@calkidspeds.com>
Sent: Tuesday, May 17, 2022 7:13 PM
To: CC <CC@rpvca.gov>
Subject: Peafowl trapping
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
I am a resident of RPV and I also am in favor of allowing peafowl/peacocks to be free in our city and I am in favor of
pausing the trapping for 2022. Please confirm receipt of this email. Thank you. My husband is also in favor. His name is
Nader Parsa
Leila Bozorgnia MD
California Kids Pediatrics
2990 S. Sepulveda Blvd., Suite 202
Los Angeles, CA 90064
T.424.277.2020 | F. 310.388.1104
www.CalKidsPeds.com | DrLeila@CalKidsPeds.com
CONFIDENTIALITY NOTICE: The information contained in this email message is
intended only for the personal and confidential use of the designated
recipient(s). This message, including any attachments, may be a
doctor‐patient communication, and as such is privileged and confidential.
If the reader of this message is not the intended recipient(s), you are
hereby notified that any review, use, dissemination, forwarding or copying
of this message without the sender’s permission is strictly prohibited. If
you have received this message in error or without authorization, please
notify us immediately by reply email or telephone, and delete the original
message and all attachments from your system. Thank you.
CITYOi=: RANCHO PALOS VERDES
TO:
FROM:
HONORABLE MAYOR & CITY COUNCIL MEMBERS
CITY CLERK
DATE: MAY 17, 2022
SUBJECT: ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA
Attached are revisions/additions and/or amendments to the agenda material presented
for tonight's meeting.
Item No. Description of Material
Non-Agenda Emails from: Susan Pierce; Tom Ferrari; Ann Zellers; James Ferrari;
Gabriel Flores; Alicia Sichan
F Revised Attachment A (Amendment No. 2 to lnterwest Consulting
Group, Inc Agreement)
2 Email from Mickey Rodich
3 Email exchange between Code Enforcement Officer Whitten and:
Marcia Luce; Ana Suarez
Emails from: Denise Potvin; Marcia Luce;
7 Revised Attachment A (Recruitment Incentive Program Administrative
Instructions)
** PLEASE NOTE: Materials attached after the color page(s) were submitted
through Monday, May 16, 2022.**
Respectfully submitted,
~~
L:\LA TE CORRESPONDENCE\202212022 Coversheets\20220517 additions revisions to agenda.docx
I -------
From:
Sent:
To:
Subject:
Susan Pierce Ferrari <susanpierce@cox.net>
Tuesday, May 17, 2022 3:24 PM
CityClerk
Support for Part-Time Employee Union
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
Dear City Council of Rancho Palos Verdes,
My name is Susan Pierce and I have been a resident of Rancho Palos Verdes since 1999. I highly value the part-time
employees who provide outstanding service to me and my fellow residents and guests. I am speaking today to submit
my support for the part-time union and and ask that the city recognize them as soon as possible.
Thank you for your consideration and support for the part-time union in advance.
Sincerely,
Susan Pierce
Sent from my iPad
1
From:
Sent:
To:
Thomas Ferrari
Tuesday, May 17, 2022 3:22 PM
CityClerk
Subject: Support for the part-time employee union
RPV City Counsel,
As Recreation Leaders and Recreation Specialists, we are called upon to be the first point of contact when people come
to visit our parks and preserves. This face to face contact with the citizens to the city and visitors from outside the city is
many times the first impression that the city makes with these patrons. These favorable first impressions are a key part
of the success of the Recreation and Parks Department and the City of Rancho Palos Verdes overall.
Recognizing this group of employees and providing them with a collective voice, will help drive the positive and
consistent message to the public that we are valued employees who are here to provide a helpful and long lasting first
impression of city and its employees.
Please recognize and support this union and give them the voice they deserve.
Tom Ferrari
Recreation Leader 1
tferrari@rpvca.gov
Phone -(310) 544-5200
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Website: \h/W\N.rpvca.gov
Due to the current surge of tl,e COV/0-19 Omicron Voriant,, Rancho Polos 1/erdes City h'oll will be dosed
to wolk-in visitors through }anuary.3 a, 202 2, unless further notificot/on is provided, Severo/ rnembers of
the Citv's workforce ore being asked to vvork remotely during this time. inquiries wiU continue to be
revievved on a daily basis, Please be potler:t v1lith us os there moy be delays or minor inconveniences 1'n
responding to your inquiry.
1
From: Ann Zellers
Sent:
To:
Tuesday, May 17, 2022 3:16 PM
CityClerk
Subject: Union support for part time employees at RPV -for Council meeting Tues May 17
I think the part time staff that work for the City of RPV need a good advocate for their wages and benefits. Part time
staff duties range from very little to a lot with the similar low wages across the board. Unfortunately the part time
staff's compensations are drowned out by the louder voices at City Hall who think more of their needs than others.
Ann Zellers
Recreation Specialist
Docent Coordinator
annz@rpvca.gov
Phone -(310) 544-
5265
Point Vicente Interpretive Center
31501 Palos Verdes Drive West
Rancho Palos Verdes, CA 90275
Website: www.rpvca.gov
-" .
DOWNLOAD
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ihis o-n,ail messdcJe contains inforrmition belon9in9 to the Cil.y of Rancho Palos Verdes, which may be privilc9ecl, confidential andior pmtect:cd from
c:isclosurc. The information is intended only for use of the individual or entity named. Unauthorized dissemination, clistribution, or· copying is str'ictly prnhibited. If
you received this email in errnr, or are not an intended recipient, please 110\ify the sender irnrnedia\ely. Thank you for your assis\anc(o and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COV/0-19, visitors are required
to wear face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may
be working remotely. if you need to visit City Hall, please schedule an appointment in advance by calling the appropriate
department and follow all posted directions during your visit. Walk-ups are limited to one person at a time. Please note
that our response to your inquiry could be delayed. For a list of department phone numbers, visit the Staff Directory on
the City website.
1
From:
Sent:
To:
Subject:
James Ferrari <jferr039@ucr.edu>
Tuesday, May 17, 2022 2:36 PM
CityClerk
message from a concerned citizen
Greetings! I am a lifelong resident of Palos Verdes, and I wanted to voice my support for the unionization drive
happening at the city's park services. unions have been the backbone of our nations working class since they first fought
for our rights nearly 2 centuries ago, and our community could really use all the benefits they bring. with how the
economy has been lately, it's imperative that we have more of them, so I am asking the city council to please voluntarily
recognize this union and bargain with it in good faith. Palos Verdes has long been a community of forward thinking
values, so this is a great opportunity to prove it that y'all shouldn't blow.
sincerely,
-James
1
From:
Sent:
To:
Subject:
Gabriel Flores <gabrieljoseph101@icloud.com>
Tuesday, May 17, 2022 12:12 PM
CityClerk
Part Timers Union
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
Hello,
My name is Gabriel, and I am a worker of Rancho Palos Verdes. I am speaking today to submit my support for the part-
time union and ask that the city recognize them as soon as possible.
Thank you
1
From:
Sent:
To:
Subject:
To Whom It Concerns:
alicia sichan <ajgold99@yahoo.com>
Tuesday, May 17, 2022 7:51 AM
CityClerk
Union Support
I am a long-time resident of Rancho Palos Verdes and I am offering my support for the
proposed Parks and Recreation part-time union. I am asking that the City of RPV
recognize this action as soon as possible.
Thank you.
Alicia Sichan
1
Subject: FW: lnterwest Amendment No. 2
Attachments: Attachment A -Amendment No 2 to lnterwest AgreementR.docx
From: Ron Dragoo <RonD@rpvca.gov>
Sent: Tuesday, May 17, 2022 9:23 AM
To: Teresa Takaoka <TeriT@rpvca.gov>
Subject: FW: lnterwest Amendment No. 2
Teri, I wanted to give you a heads up that Elena fixed a couple of things in the lnterwest Amendment so it will need to be
late correspondence tonight. We will have it signed by lnterwest.
Ron Dragoo, PE
Principal Engineer
To limit public contact and help prevent the spread of COVID-19, City Hall is temporarily closed to the public, but services are available
by telephone, email, online and limited curbside service. Some employees are working on rotation and may be working remotely.
Please note that our response to your inquiry could be delayed. For a list of department phone numbers, visit the Staff Directory on
the City website.
1 F
AMENDMENT NO. 2
TO AGREEMENT FOR CONTRACTUAL SERVICES
This AMENDMENT NO. 2 to the June 2, 2020 "ON-CALL SERVICES AGREEMENT
BETWEEN CITY OF RANCHO PALOS VERDES & INTERWEST CONSULTING GROUP,
INC.," by and between the CITY OF RANCHO PALOS VERDES, a general law city & municipal
corporation ("City") and INTERWEST CONSULTING GROUP, INC., California corporation
("Contractor"), is effective on May 17, 2022.
RECITALS
A. City and Contractor entered into an Agreement for Contractual Services dated June
2, 2020 terminating on June 2, 2021 ("Agreement") whereby Contractor agreed to provide on-call
professional/technical support services to the City's Public Works Department for various small
cell site projects on the public right of way ("Services") for a term of 1 year and a maximum
Contract Sum of $58,000.
B. City and Contractor entered into Amendment No. 1 to the Agreement, dated June
15, 2021 to extend the term through June 30, 2022, and to increase the Contract Sum to $160,000.
C. Based on an increased demand for Services, by this Amendment No. 2 to the
Agreement, City and Contractor agree to modify the scope of services, extend the term of the
Agreement through June 30, 2023, and thereby increase the Contract Sum by $246,000 to
$406,000.
TERMS
1. Contract Changes. The Agreement, as amended, is further amended as provided
hereinafter. (Deleted text is indicated in strikethrough & added text in bold & italics.)
a. Section2.1, Contract Sum, is amended to read:
"Subject to any limitations set forth in this Agreement, City agrees
to pay Consultant amounts specified in the "Schedule of Compensation:
attached hereto as Exhibit "C" and incorporated herin by this reference. The
total compensation including reimbursement for actual expenses, shall not
exceed $406,000 (Four Hundred Six Thousand Dollars) GNE
HUNDRED SIXTY THOUSAND Dollars ($160,000) $58,000 (Fifty Eight
Thousand Dollars) (the "Contract Sum") unless additional compensation is
approved pursuant to Section 1.9."
b. Section 3.4, Term is hereby amended to read:
01203.0006/789356.5
"Unless earlier terminated in accordance with Article 7 of this Agreement,
this Agreement shall continue in full force and effect until completion of
the services but not exceeding June 30, 2023, June 30, 2022, except as
otherwise provided in the schedule of Performance (Exhibit "D")."
c. Exhibit A, Section I, is amended as follows:
"I. Consultant shall perform the following on-call engineering and
support services to City's Public Works Department for various small cell
site projects on the public right-of-way and to provide on-call
encroachment permit and associated services (the "Services"), as follows
[ ... ]
K Encroachment permit and associated services."
d. Exhibit A, Section V, is amended as follows:
"V. Consultant will utilize the following personnel to accomplish the
services
A James G. Ross -Principal -in-Charge
B. Steven L. 'NrightKevin Ko Project Manager
C. Nicole Jules -Traffic Engineer
D. Joseph Mullaney, Engineering Associate I
E. Lea Reis, PE, Public Works Permit Manager
F. Other personnel as approved by City's Contract Officer"
e. Exhibit C, (First Amended) Schedule of Compensation, Section I is replaced
with the following:
TASK (from Exhibit A) TIME (Rates in Exhibit C-1) SUB-BUDGET
A. TasksA-J As requested by City $256,000
B. TaskK As requested by City $150,000
TOTAL $406,000
f. The following is added to Exhibit C-1, Personnel Rates, (First Amended):
"Personnel rates/or FY 2022-23
PERSONNEL RATES
Principal in Charge $230.00
Project Manager $185.00
01203.0006/789356.5 -2-
Traffic Engineer $175.00
Engineering Associate I $115.00
Permit Manager $165.00
** the majority of the services will be performed by the Engineering
Associate I and the Permit Manager. Higher classifications will be used
on an as-needed basis."
2. Continuing Effect of Agreement. Except as amended by Amendment Nos. 1 and
2, all provisions of the Agreement shall remain unchanged and in full force and effect. From and
after the date of this Amendment No. 2, whenever the term "Agreement" appears in the Agreement,
it shall mean the Agreement, as amended by Amendments No. 1 through 2 to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and
Contractor each ratify and reaffirm each and every one of the respective rights and obligations
arising under the Agreement. Each party represents and warrants to the other that there have been
no written or oral modifications to the Agreement other than as provided herein. Each party
represents and warrants to the other that the Agreement is currently an effective, valid, and binding
obligation.
Contractor represents and warrants to City that, as of the date of this Amendment No. 2,
City is not in default of any material term of the Agreement and that there have been no events
that, with the passing of time or the giving of notice, or both, would constitute a material default
under the Agreement.
City represents and warrants to Contractor that, as of the date of this Amendment No. 2,
Contractor is not in default of any material term of the Agreement and that there have been no
events that, with the passing of time or the giving of notice, or both, would constitute a material
default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree
that they have each received adequate and independent consideration for the performance of the
obligations they have undertaken pursuant to this Amendment No. 2.
5. Authority. The persons executing this Amendment No. 2 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 Amendment No. 2 on behalf of said party, (iii) by so executing this
Amendment No. 2, such party is formally bound to the provisions of this Amendment , and (iv)
the entering into this Amendment No. 2 does not violate any provision of any other agreement to
which said party is bound.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on
the date and year first-above written.
[SIGNATURES ON FOLLOWING PAGE]
01203.0006/789356.5 -3-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
ATTEST:
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
David Bradley, Mayor
CONTRACTOR:
INTERWEST CONSULTING GROUP,
INC., a California corporation
By: --------------
Name: Gary Amato
Title: Chief Administrative Officer
By:
Name: Joe DeRosa
Title: Chief Revenue Officer
Address: 444 N. Cleveland Avenue
Loveland, CO 80537
Two corporate officer signatures required when Contractor 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. CONTRACTOR'S SIGNATURES
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 CONTRACTOR'S BUSINESS ENTITY.
01203.0006/789356.5 -4-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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 ____ , 2022 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.
I 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 CORPORA TE OFFICER
TITLE(S)
PARTNER(S) 0
□ ATTORNEY-IN-FACT
TRUSTEE(S)
LIMITED
GENERAL □
□ □ □ □
GUARDIAN/CONSERVATOR
OTHER ____________ _
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01203.0006/789356.5
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DA TE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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 ____ , 2022 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.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official 3cal.
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 CORPORA TE OFFICER
□
□ □ □ □
TITLE(S)
PARTNER(S) 0
□ ATTORNEY-IN-FACT
LIMITED
GENERAL
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER -------------
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01203.0006/789356.5
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DA TE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
6
AMENDMENT NO. 2
TO AGREEMENT FOR CONTRACTUAL SERVICES
This AMENDMENT NO. 2 to the June 2, 2020 "ON-CALL SERVICES AGREEMENT
BETWEEN CITY OF RANCHO PALOS VERDES & INTERWEST CONSULTING GROUP,
INC.," by and between the CITY OF RANCHO PALOS VERDES, a general law city & municipal
corporation ("City") and INTERWEST CONSULTING GROUP, INC., California corporation
("Contractor"), is effective on May 17, 2022.
RECITALS
A City and Contractor entered into an Agreement for Contractual Services dated June
2, 2020 terminating on June 2, 2021 ("Agreement") whereby Contractor agreed to provide on-call
professional/technical support services to the City's Public Works Department for various small
cell site projects on the public right of way ("Services") for a term of 1 year and a maximum
Contract Sum of $58,000.
B. City and Contractor entered into Amendment No. 1 to the Agreement, dated June
15, 2021 to extend the term through June 30, 2022, and to increase the Contract Sum to $160,000.
C. Based on an increased demand for Services, by this Amendment No. 2 to the
Agreement, City and Contractor agree to modify the scope of services, extend the term of the
Agreement through June 30, 2023, and thereby increase the Contract Sum by $246,000 to
$406,000.
TERMS
1. Contract Changes. The Agreement, as amended, is further amended as provided
hereinafter. (Deleted text is indicated in strikethrough & added text in bold & italics.)
a. Section2.1, Contract Sum, is amended to read:
"Subject to any limitations set forth in this Agreement, City agrees
to pay Consultant amounts specified in the "Schedule of Compensation:
attached hereto as Exhibit "C" and incorporated herin by this reference. The
total compensation including reimbursement for actual expenses, shall not
exceed $406,000 (Four Hundred Six Thousand Dollars) GNB
HUNDRED SIXTY THOUSAND Dollars ($160,000) $58,000 (Fifty Eight
Thousand Dollars) (the "Contract Sum") unless additional compensation is
approved pursuant to Section 1. 9."
b. Section 3.4, Term is hereby amended to read:
01203.0006/789356.5
"Unless earlier terminated in accordance with Article 7 of this Agreement,
this Agreement shall continue in full force and effect until completion of
the services but not exceeding June 30, 2023, June 30, 2022, except as
otherwise provided in the schedule of Performance (Exhibit "D")."
c. Exhibit A, Section I, is amended as follows:
"I. Consultant shall perform the following on-call engineering and
support services to City's Public Works Department for various small cell
site projects on the public right-of-way and to provide on-call
encroachment permit and associated services (the "Services"), as follows
[ ... ]
K Encroachment permit and associated services."
d. Exhibit A, Section V, is amended as follows:
"V. Consultant will utilize the following personnel to accomplish the
services
A James G. Ross -Principal -in-Charge
B. Steven L. WrightKevin Ko Project Manager
C. Nicole Jules -Traffic Engineer
D. Joseph Mullaney, Engineering Associate I
E. Lea Reis, PE, Public Works Permit Manager
F. Other personnel as approved by City's Contract Officer"
e. Exhibit C, (First Amended) Schedule of Compensation, Section I is replaced
with the following:
TASK (from Exhibit A) TIME (Rates in Exhibit C-1) SUB-BUDGET
A. TasksA-J As requested by City $256,000
B. TaskK As requested by City $150,000
TOTAL $406,000
f. The following is added to Exhibit C-1, Personnel Rates, (First Amended):
"Personnel rates/or FY 2022-23
PERSONNEL RATES
Principal in Charge $230.00
Project Manager $185.00
01203.0006/789356.5 -2-
Traffic Engineer $175.00
Engineering Associate I $115.00
Permit Manager $165.00
** the majority of the services will be performed by the Engineering
Associate I and the Permit Manager. Higher classifications will be used
on an as-needed basis."
2. Continuing Effect of Agreement. Except as amended by Amendment Nos. 1 and
2, all provisions of the Agreement shall remain unchanged and in full force and effect. From and
after the date of this Amendment No. 2, whenever the term "Agreement" appears in the Agreement,
it shall mean the Agreement, as amended by Amendments No. 1 through 2 to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and
Contractor each ratify and reaffirm each and every one of the respective rights and obligations
arising under the Agreement. Each party represents and warrants to the other that there have been
no written or oral modifications to the Agreement other than as provided herein. Each party
represents and warrants to the other that the Agreement is currently an effective, valid, and binding
obligation.
Contractor represents and warrants to City that, as of the date of this Amendment No. 2,
City is not in default of any material term of the Agreement and that there have been no events
that, with the passing of time or the giving of notice, or both, would constitute a material default
under the Agreement.
City represents and warrants to Contractor that, as of the date of this Amendment No. 2,
Contractor is not in default of any material term of the Agreement and that there have been no
events that, with the passing of time or the giving of notice, or both, would constitute a material
default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree
that they have each received adequate and independent consideration for the performance of the
obligations they have undertaken pursuant to this Amendment No. 2.
5. Authority. The persons executing this Amendment No. 2 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 Amendment No. 2 on behalf of said party, (iii) by so executing this
Amendment No. 2, such party is formally bound to the provisions of this Amendment , and (iv)
the entering into this Amendment No. 2 does not violate any provision of any other agreement to
which said party is bound.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on
the date and year first-above written.
[SIGNATURES ON FOLLOWING PAGE]
01203.0006/789356.5 -3-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
ATTEST:
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
David Bradley, Mayor
CONTRACTOR:
INTERWEST CONSULTING GROUP,
INC., a California corporation
By:
Name: Gary Amato
Title: Chief Administrative Officer
By:
Name: Joe DeRosa
Title: Chief Revenue Officer
Address: 444 N. Cleveland Avenue
Loveland, CO 80537
Two corporate officer signatures required when Contractor 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. CONTRACTOR'S SIGNATURES
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 CONTRACTOR'S BUSINESS ENTITY.
01203.0006/789356.5 -4-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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---~ 2022 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.
I 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 fonn.
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORA TE OFFICER
□
□ □ □ □
TITLE(S)
PARTNER(S) 0
□ ATTORNEY-IN-FACT
LIMITED
GENERAL
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER -------------
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01203.0006/789356.5
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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 ____ , 2022 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.
I certify under PENAL TY 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 fonn.
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORA TE OFFICER
TITLE(S)
PARTNER(S) 0
□ ATTORNEY-IN-FACT
LIMITED
GENERAL □
□ □ □ □
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER ___________ _
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01203.0006/789356.5
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
6
From:
Sent:
To:
Subject:
Teresa Takaoka
Tuesday, May 17, 2022 1 :09 PM
CityClerk
FW: Item #2-Traffic Synchronization
From: Mickey Radich <mickeyrodich@gmail.com>
Sent: Tuesday, May 17, 2022 12:56 PM
To: CC <CC@rpvca.gov>
Subject: Item #2-Traffic Synchronization
RPV has already spent $750,000 to provide traffic light synchronization on Hawthorne Blvd.
from near Peninsula Center down to PVDS and it doesn't work as promised. Staff's answer is that
RPV got a 90 % grant so that's free money. It may be free money but it's poor judgment to
continue to waste money like this. Even in light traffic situations, when one travels up Hawthorne
Blvd. from PVDS, the traffic lights are not synchronized.
Let's hope this traffic calming study is not another idea that will eventually waste the $695,000
for traffic calming measures available in our CIP appropriation?
Have any of our hired consultants ever considered not synchronizing the lights on Hawthorne
Blvd. in the first place and have the traffic intentionally stop at the traffic signals in question? It
could just be that our attempt to synchronize the traffic signals on Hawthorne Blvd could have
created this new traffic problem.
1
From:
Sent:
To:
Cc:
Subject:
Hi Gerri,
Marcia Luce <marcia_luce@hotmail.com>
Tuesday, May 17, 2022 9:14 AM
Gerri Whitten
Megan Barnes; CC; Rudy Monroy; Ken Rukavina; Karina Banales; CityClerk
Re: 2022 Peafowl Trapping and Relocation
Thank you for your quick response! I do indeed hope that the City Council will heed your recommendation and pause the
peafowl trapping for 2022. Because I heard that was supposed to happen last year but a few vocal, residents attended the
meeting in person, complained and got their way. (I personally have been staying away from public gatherings because I
have a 93 year old mother who I don't want to expose to Covid.) Which doesn't seem right. And now we barely have any
peafowl left on our street.
Best,
Marcia
From: Gerri Whitten <gwhitten@rpvca.gov>
Sent: Tuesday, May 17, 2022 7:46 AM
To: Marcia Luce <marcia_luce@hotmail.com>
Cc: Megan Barnes <mbarnes@rpvca.gov>; CC <CC@rpvca.gov>; Rudy Monroy <rmonroy@rpvca.gov>; Ken Rukavina
<krukavina@rpvca.gov>; Karina Banales <kbanales@rpvca.gov>; CityClerk <CityClerk@rpvca.gov>
Subject: RE: 2022 Peafowl Trapping and Relocation
Good morning, Marcia Luce,
Thank you for your concerns regarding the City's 2022 Peafowl Census Report and the peafowl population.
Tonight, City Council will review the 2022 Peafowl Census Report to consider our recommendation to pause the peafowl
trapping program for 2022. This recommendation is based on the results of the most recent peafowl census data which
demonstrates a decrease in population by 49% since the program began in 2015. City Council will make their decision on
the outcome of the program on May 17th. For any additional questions, please feel free to contact me directly. The
following links will direct you to the staff report and how to view and/or participate in the upcoming Council meeting.
Staff Report: https://rpv.granicus.com/MetaViewer.php?view id=S&event id=2088&meta id=103752
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/pa rticipate
Kind regards,
Gerri Whitten, CCEO
~ ... ~
CODE ENFORCEMENT
{310) 544-5299
1 3.
DOWNLOAD -11l:,
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www .rpvca.gov
City Hall Business Hours:
Monday-Thursday 7:30 a.m, to 5:30 p.m.,
Friday 7:30 a.m. to 4:30 p.m.
City Hall is closed daily noon to 1 p.m.
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COV/D-19, visitors are required to wear
face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely.
if you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted
directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be
delayed. For a list of department phone numbers, visit the Staff Directory on the City website.
From: Marcia Luce <marcia_luce@hotmail.com>
Sent: Monday, May 16, 2022 8:26 PM
To: Gerri Whitten <gwhitten@rpvca.gov>; Rudy Monroy <rmonroy@rpvca.gov>
Subject: 2022 Peafowl Trapping and Relocation
Dear Code Enforcement Officers Whitten & Monroy,
Next month, I will have been a resident of Rancho Palos Verdes for 9 years. I wanted to write to implore you to
pause the peafowl trapping. I live on Sunnyside Ridge Road, where a number of peafowl reside, so I can say that
I've experienced the perceived noise, poop, etc. on a daily basis. However, I have also experienced their extreme
beauty, their personalities, and their interactions with each other that add to the charm and uniqueness of this
special area I'm proud to call home. Although not native to this peninsula, the peafowl have predated most of the
residents on the hill.
When we were buying our house, we needed to sign a disclosure rider saying we were aware of the peafowl, and
we had no problems with them. I love seeing the mothers watch over their new chicks. A few months after I first
moved here, someone had hit a peacock with their car, and he was sitting in the middle of the road with a bent tail.
There was another peacock with him who would not leave his side. (He did move out of the road after a while and
later he was gone; hopefully, he survived.) One can tell that the peafowl obviously interact well with each other and
separating them would be cruel. On our street, the people most affected by the peafowl living on their properties
2
have no problem with them being there. (In the past, I've spoken to them about this during our neighborhood
socials.)
The complaints of a few residents should not force yearly trapping despite the numerous objections to the
Peafowl Management Program. There will always those that are willing to trap until there are no peafowl left.
They are not in the majority and should not be given preference. After trapping resumed last year, there are now
very few peafowl left on our street. The situation is sad. Please, please suspend the trapping and relocation this
year.
Sincerely,
Marcia Luce
310-831-2130
3
From:
Sent:
To:
Cc:
Subject:
Thank you
Ana Suarez <anasuarez2005@hotmail.com>
Tuesday, May 17, 2022 8:20 AM
Gerri Whitten
Megan Barnes; CC; Rudy Monroy; Ken Rukavina; Karina Banales; CityClerk
Re: Peafoul
I truly hope that you will leave these beautiful birds alone. They add beauty and charm to the peninsula and deserve to
be allowed to live in peace where they are loved by most residents.
Ana Suarez
On May 16, 2022, at 7:51 AM, Gerri Whitten <gwhitten@rpvca.gov> wrote:
Good morning, Ana Suarez,
Thank you for your concerns regarding the City's 2022 Peafowl Census Report and the peafowl
population.
On Tuesday, May 17, 2022, City Council will review the 2022 Peafowl Census Report to consider our
recommendation to pause the peafowl trapping program for 2022. This recommendation is based on
the results of the most recent peafowl census data which demonstrates a decrease in population by 49%
since the program began in 2015. City Council will make their decision on the outcome of the program
on May 17th. For any additional questions, please feel free to contact me directly. The following links
will direct you to the staff report and how to view and/or participate in the upcoming Council meeting.
Staff Report: https://rpv.granicus.com/MetaViewer.php?view id=S&event id=2088&meta id=103752
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/pa rticipate
Report Coyote Sightings: https://www.rpvca.gov/1114/Report-Coyote-Sightings
Kind regards,
Gerri Whitten, CCEO
~ ... ~
CODE ENFORCEMENT
(310) 544-5299
1 3
DOWNLOAD -. 'ttlfj
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www.rpvca.gov
City Hall Business Hours:
Monday-Thursday 7:30 a.m. to 5:30 p.m.,
Friday 7:30 a.m. to 4:30 p.m.
City Hall is closed daily noon to 1 p.m.
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or
protected from disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination,
ddribution, or copying is strictly prohibited. If you received this cm.:iil in error, or .ire not ,rn intended recipient, plc.:isc notify the sender
immediately. Thank you for your assistance and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COVID-19, visitors are
required to wear face coverings and adhere to physical distancing guidelines. Some employees are working on
rotation and may be working remotely. If you need to visit City Hall, please schedule an appointment in advance by
calling the appropriate department and follow all posted directions during your visit. Walk-ups are limited to one
person at a time. Please note that our response to your inquiry could be delayed. For a list of department phone
numbers, visit the Staff Directory on the City website.
From: Ana Suarez <anasuarez2005@hotmail.com>
Date: May 14, 2022 at 1:54:24 PM PDT
To: CC <CC@rpvca.gov>
Subject: Peafoul
I live in Palos Verde Peninsula, on Crenshaw and PV Drive North. I want to go on record
as OPPOSING the trapping and killing or our beautiful peacocks ad peafoul that make
our peninsula unique.
Trap the coyotes who are killing our pets, but please leave the peafoul alone.
Thank you
Ana Suarez
4106 Rousseau Lane
Palos Verdes Pnsla, CA
Sent from Mail for Windows
2
From:
Sent:
To:
Subject:
Teresa Takaoka
Tuesday, May 17, 2022 11 :04 AM
CityClerk
FW: PLEASE SUSPEND PEAFOWL TRAPPING
From: pdgcp4@gmail.com <pdgcp4@gmail.com>
Sent: Monday, May 16, 2022 12:56 PM
To: CC <CC@rpvca.gov>
Subject: RE: PLEASE SUSPEND PEAFOWL TRAPPING
Dear City Council Members,
I am writing to request that you vote to "SUSPEND" the trapping of peafowl. I have lived in Rancho
Palos Verdes for 46 years now, almost my entire life, and the peafowl are part of our City. I was
thrilled when a flock moved into my neighborhood, and it is incredibly sad to me that the City has
been removing these beautiful birds from our community. Rancho Palos Verdes is a rural area, not a
big city, and those who don't like the peacocks should have realized that when they moved here. To
remove the peafowl is not only cruel, but it takes away from the beautiful nature that is around us. I
not only grew up in Rancho Palos Verdes, but I also chose to raise my family here. I have seen so
many fields be built up over the years, becoming homes, parks, shopping centers, and other retail
establishments. Keeping the peafowl here is helping to preserve what we have left of the Rancho
Palos Verdes that it once was. The peafowl bring a great deal of joy to me and many other people,
and the complaints of a few residents should not override the wishes of those of us who love and
appreciate the peafowl.
Thank you in advance for your assistance with this matter.
Denise Potvin
6026 Flambeau Road
Rancho Palos Verdes
1 3
From:
Sent:
To:
Subject:
Teresa Takaoka
Tuesday, May 17, 2022 10:49 AM
CityClerk
FW: Peafowl Trapping & Relocation 2022-23
From: Marcia Luce <marcia_luce@hotmail.com>
Sent: Monday, May 16, 2022 7:10 PM
To: CC <CC@rpvca.gov>
Subject: Peafowl Trapping & Relocation 2022-23
Dear RPV City Council Members,
Next month, I will have been a resident of Rancho Palos Verdes for 9 years. I wanted to write to implore you to
pause the peafowl trapping. I live on Sunnyside Ridge Road, where a number of peafowl reside, so I can say that
I've experienced the perceived noise, poop, etc. on a daily basis. However, I have also experienced their extreme
beauty, their personalities, and their interactions with each other that add to the charm and uniqueness of this
special area I'm proud to call home. Although not native to this peninsula, the peafowl have predated most of the
residents on the hill.
When we were buying our house, we needed to sign a disclosure rider saying we were aware of the peafowl, and
we had no problems with them. I love seeing the mothers watch over their new chicks. A few months after I first
moved here, someone had hit a peacock with their car, and he was sitting in the middle of the road with a bent tail.
There was another peacock with him who would not leave his side. (He did move out of the road after a while and
later he was gone; hopefully, he survived.) One can tell that the peafowl obviously interact well with each other and
separating them would be cruel. On our street, the people most affected by the peafowl living on their properties
have no problem with them being there. (In the past, I've spoken to them about this during our neighborhood
socials.)
The complaints of a few residents should not force yearly trapping despite the numerous objections to the
Peafowl Management Program. There will always those that are willing to trap until there are no peafowl left.
They are not in the majority and should not be given preference. After trapping resumed last year, there are now
very few peafowl left on our street. The situation is sad. Please, please suspend the trapping and relocation this
year.
1 3.
Sincerely,
Marcia Luce
310-831-2130
2
From:
Sent:
Cc:
Subject:
Karina Banales
Monday, May 16, 2022 9:00 PM
Ara Mihranian; CityClerk
May 17 -Agenda Item #7
Attachments: Attachment A (Revised)-Administrative Instruction-Recruitment Incentive Program_
05-16-2022.docx
Good Evening Honorable Mayor Bradley and City Council,
Staff took another look at Attachment A of agenda item #7 "Consideration and possible action to amend the
Administrative Instruction Manual to establish a Recruitment Incentive Program" and have enclosed here for
your review as late correspondence. Changes in Attachment A include:
• Added language in
• ,'rR''!-KeH+ice-H+xH suggests a revision
The City Clerk's office will provide a printed copy for tomorrow's meeting and will upload it onto the agenda as
late correspondence,
Thank you and have a great evening,
Karina Banales
Deputy City Manager
1 7
CITY OF RANCHO PALOS VERDES
ADMINISTRATIVE INSTRUCTION MANUAL
NUMBER 2-21
SUBJECT: RECRUITMENT INCENTIVE PROGRAM
I. BACKGROUND/ PURPOSE
The City shall make available to appointing authorities a Recruitment Incentive
Program to incentivize and secure highly qualified employees for positions that
the City has determined to be difficult to fill-recruit •.vith starting salary and
benefits alone in accordance with the guidelines established herein and ~
recruitment incentive program is specific to difficult to fill positions when
funding is available.
II. DEFINITIONS
a. APPOINTING AUTHORITIES: City Manager and/or designated Subject
Matter Expert (SME) assigned to the recruitment, inclusive of Human
Resources
b. HARD ~TO-RECRUIT POSITIONS: Classification must have
demonstratable recruitment difficulty, which includes limited applicant pool,
recruitment difficulty, or a continued high vacancy rate. Job requirements
such as technical expertise, certifications, licensing and/or advanced
educational requirements may limit the pool of qualified applicants . If two or
more consecutive recruitments have been done, resulting in a limited
applicant pool, the recruitment would be defined as difficult to recruit. A
continued high vacancy rate is demonstrated through actively recruited
positions that continue to remain vacant.
Ill. PROGRAM APPLICABILITY
Appointing authorities may request authorization to apply the Recruitment
Incentive Program to assist in filling difficult-to-recruit positions in their
department. To apply, said position/classification must have demonstratable
recruitment difficulty. Recruitment difficulty may be based on any one of the
following: limited applicant pool, recruitment difficulty, and/or a continued high
vacancy rate. The Human Resources Manager shall have the authority to
determine the applicability to each requested position/classification and shall
submit a request to the City Manager for consideration. The City Manager or
his/her designee shall approve, deny, or amend the request based on the
information provided. Prior to advertising a position utilizing the Recruitment
Incentive Program, the City Manager shall notify the City Council in writing by
explaining the reason for utilizing the program and how it will be implemented
and funded.
IV. PROGRAM
A full-time employee hired into a position/classification certified for participation
in the program shall be eligible to receive a recruitment incentive in an amount
set by the City Manager and/or designee based on available funding, as
described below:
a. The full -time incumbent will be eligible for 25% of the incentive on their first
paycheck.
b . After successfully passing the probationary period, the full-time incumbent
will be eligible for a second 25% payment.
c. After completing 24 months of employment, the full-time incumbent will be
eligible for the final 50% incentive payment.
Each incentive payment s~all b~ __ considered taxable income and subject to
withholdings. The incentive payment shall not be considered in determining the
regular rate of pay for purposes of computing overtime compensation , nor shall
it be considered earnable compensation for purposes of retirement.
V. JOB POSTING
Prior to the posting of vacant positions, the Rrn cruitment !t ncentive Pf)rogram
description must be included in the job posting advising applicants they must
meet the eligibility requirements.
VI. LIMITATIONS AND EXCLUSIONS
No incentive will be paid for any candidate whose recruitment does not meet
program applicability and has not had applicability certified.
No incentive will be paid to any candidate whose name was placed on the
eligible list for full-time positions in the classification prior to the determination
of program applicability. Similarly , no incentive will be paid to any candidate
whose name was placed on the eligible list for full -time positions or forwarded
to the department for part-time positions, if applicability was not previously
certified by the City Manager and/or designee.
In the event the employee is unable or unwilling to work, is taken off work, or is
on an approved leave of absence, any payments owed shall be delayed the
same amount of time as the employee remains off work.
In the event the employee resigns, is terminated from employment, or fails to
successfully complete the probationary period with a "meets" or greater overall
rating, the employee will not be eligible to receive any outstanding payments
owed.
The Recruitment Incentive Program will remain in effect while funds are
available.
CITYOF RANCHO PALOS VERDES
TO:
FROM:
HONORABLE MAYOR & CITY COUNCIL MEMBERS
CITY CLERK
DATE: MAY 16, 2022
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, May 17, 2022 City Council meeting :
Item No. Description of Material
Attachments A-E (Professional SeNice Agreements with HR Green
Pacific, Inc.; Transtech Engineers, Inc.; Jenkins, Gales, & Martinez,
Inc.; Integrated Engineering Management; and Hout Construction
SeNices, Inc. OBA Hout Engineering)
3 Email exchange between Code Enforcement Officer Whitten and
Michael Diehl; Emails from: Carol Mueller; Susan Gates; Bob Allison;
Whitney Feng; Valerie Berg; Elaine Econom; Karen Cristanelli; Wije
Wathugala; Joe and Beatrice Marino; Sue Khurts; Tahereh Taghadomi;
Farhad Mosht; Lisa Levine; Rebecca Haeri; Ana Suarez; Cindy and
Lawrence Miller; Dr. Nooshin Aghili; Andrea Moroso; Kevin Yuan; Gauri
Rao; Heather Bowman; Mehran Moshfeghi and Maryam Rofougaran;
Bill and Sandy Patton; Jacqueline Collins; Diana Crossman; Penny
Bunnell; Stuart Friedland; Dr. Walter Rosskopf; Melissa Rooke; John
Hurrell; Joe and Greta Spells; Christy Shahnazarian; Kristen Cumby;
Caitlin Jones; Eileen Paterson; Lonnie Jordan; Maggie Jones; Melanie
Streitfeld; Denise Potvin; Chris and Kim Engen
Respectfully submitted,
~~
Teresa Takaoka
L:ILATE CORRESPONDENCE\2022 \2022 Coversheets \20220517 additions revisions to agenda thru Monday .docx
From:
Sent:
To:
Cc:
Subject:
Ramzi Awwad
Friday, May 13, 2022 2:52 PM
cc
Ara Mihranian; CityClerk
Late Correspondence
Attachments: PSA Hout On Call PM 05-12-22.pdf; PSA HR Green On Call PM 05-12-22.pdf; PSA IEM
On Call PM 05-12-22.pdf; PSA Transtech On Call PM 05-13-22.pdf; PSA JGM On Call PM
05-13-22.pdf
Honorable Mayor and Councilmembers,
Attached as late correspondence are the contracts pertaining to the May 17 Consent Calendar Item I: "Consideration
and possible action to award professional services agreements for pre-qualified on-call project management services".
Dependent upon Council action, the signed and notarized versions will be ready by next Tuesday's meeting. Please let
me know if you have any questions or if I can provide any further information. Thank you.
Ramzi
Sincerely,
Ramzi Awwad
Public Works Director
rawwad@rpvca.gov
Phone -(310) 544-5275
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Website: www.rpvca.gov
DOWNLOAD
'ht!r
~ C,t;TITON
,r:-Google Play
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which rnay be pl'ivile()('d, conticlential and/or prntected from
ciisclosure. The information is intended only for use of the individual rn· entity named. Unautl1orized clissernination, distribution, or copying is strictly prohibited. If
you r·cceivcd this email in e1rnr, or are not an intended recipient, please notify U,e sender immediately. Thank you for· your assistance and cooperation .
1 .I.
01203.0001/699504.1 EQG 1
PROFESSIONAL SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
HR GREEN PACIFIC, INC.
A-1
01203.0001/699504.1 EQG
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
HR GREEN PACIFIC, INC.
THIS AGREEMENT FOR PROFESSIONAL SERVICES (herein “Agreement”) is made
and entered into on May 17, 2022, by and between the CITY OF RANCHO PALOS VERDES,
a California municipal corporation (“City”) and HR GREEN PACIFIC, 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, the performance of the
services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal for the performance of the
services defined and described particularly in Article 1 of this 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 1 of this Agreement and desire that
the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the 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”, as stated in the Proposal, 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
A-2
01203.0001/699504.1 EQG 2
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.
1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s Proposal 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 if the 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 work 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 1
(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 of the 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
A-3
01203.0001/699504.1 EQG 3
Consultant shall, as a penalty to the City, forfeit $200 (two hundred dollars) for each calendar
day, or portion thereof, for each worker paid less 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.
(d) Payroll Records. Consultant shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as
specified in Section 1776; certify and make such payroll records available for inspection as
provided by Section 1776; and inform the City of the location of the 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 60 (sixty) 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.
(f) Eight-Hour Work Day. Consultant acknowledges that 8 (eight) hours labor
constitutes a legal day's work. Consultant shall comply with 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 $25 (twenty-five dollars) 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 8 (eight) hours in any one calendar day and 40 (forty) hours in any one calendar week
in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of 8
(eight) hours per day, and 40 (forty) 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 1½
(one and one half) 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 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of
this contract.”
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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
subcontractor's compliance with Division 2, Part 7, Chapter 1 (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. If 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 in the form of a Change Order.
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.
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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.
1.9 Additional Services.
City shall have the right at any time during the performance of the services, without
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 Change 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 15% of the Contract
Sum; or, in the time to perform of up to 90 (ninety) days, may be approved by the Contract
Officer through a written Change Order. 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.
If in the performance of the contract scope, the Consultant becomes aware of material defects in
the scope, duration or span of the contract or the Consultant becomes aware of extenuating
circumstance that will or could prevent the completion of the contract, on time or on budget, the
Consultant shall inform the Contracting Officer of an anticipated Change Order. This proposed
change order will stipulate, the facts surrounding the issue, proposed solutions, proposed costs
and proposed schedule impacts.
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 conflict between the provisions of Exhibit “B” and any
other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
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ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth 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 $1,500,000 (One Million Five Hundred Thousand Dollars)
(the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.
Annual compensation shall not exceed $500,000 (Five Hundred Thousand Dollars).
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; (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,
and (b) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the
Schedule of Compensation.
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 of the work with 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, using the City template,
or in a format acceptable to the City, 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 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 45 (forty-five) days of receipt of Consultant’s correct and
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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. In 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 of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written 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 through a Change
Order, but not exceeding 90 (ninety) 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 10 (ten) 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 of the enforced delay when
and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s
determination shall be final and conclusive upon the parties to this Agreement. In 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 of the Agreement
pursuant to this Section.
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3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding 3 years
from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit
“D”). The City may, in its unfettered discretion, extend the Term by two (2) additional years;
provided the Contract Officer gives written notice of the same to Consultant not later than sixty
(60) calendar days prior to the expiration of the 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 specified herein and make all decisions in connection therewith:
_________________ ____________________
(Name) (Title)
_______________ __________
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were 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
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 the personnel included in the Proposal 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. City shall have the right to approve or reject any proposed replacement
personnel, which approval shall not be unreasonably withheld.
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
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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 Ramzi Awwad or such person as may be designated by the
Public Works Director. 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 of the 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,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City; all subcontractors included
in the Proposal are deemed approved. 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 25% (twenty five percent) of the 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 without the express consent of City.
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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.
(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
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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 of this 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) Primary/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 and continuously maintain 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 allow
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.
(g) Enforcement of contract provisions (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
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requirements, or a waiver 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 30 (thirty) day notice of cancellation (except for
nonpayment for which a 10 (ten) day notice is required) or nonrenewal of coverage for each
required coverage.
(j) 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 with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(l) 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 review.
(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 90 (ninety) 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.
(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,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
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(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 of them 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 therefrom;
(c) In 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 officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorneys’
fees.
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
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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 of this 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 following completion of the 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 will 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.
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 of the
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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 of
uncompleted 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. § 101, 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
with 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 rewrite said response.
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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 which Consultant may cure the
default. This timeframe is 15 (fifteen) 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 party, the amount
or validity of which 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
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provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
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 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 30 (thirty) 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. 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. Consultant shall be entitled to compensation for
all services rendered prior to the effective date of the 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 of termination without cause pursuant to this Section, the City need not provide the
Consultant with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Party.
If termination is due to the failure of the other Party to fulfill its obligations under this
Agreement:
(a) 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
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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.
(b) Consultant may, after compliance with the provisions of Section 7.2, terminate the
Agreement upon written notice to the City‘s Contract Officer. Consultant shall be entitled to
payment for all work performed up to the date of termination.
7.9 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 of this Agreement.
8.2 Conflict of Interest.
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 with the interests
of City or which would in any way 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 of this Agreement.
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 warrants 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.
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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 of the Federal
Immigration and Nationality Act, 8 U.S.C. § 1101 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 of the 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 if mailed as provided in this Section.
9.2 Interpretation.
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.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
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9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It 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 of Non-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 “noninterests” pursuant to Government Code Sections 1091 or 1091.5. 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 _______
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9.7 Corporate Authority.
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 which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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01203.0001/699504.1 EQG 22
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
David L. Bradley, Mayor
ATTEST:
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CONSULTANT:
HR GREEN PACIFIC, INC., a California
corporation
By:
Name:
Title:
By:
Name:
Title:
Address:
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. CONSULTANT’S
SIGNATURES 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 BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2022 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.
I 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 DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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.
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01203.0001/699504.1 EQG
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2022 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.
I 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 DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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.
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EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will provide on-call professional services relating to project management
(the Services), as more fully detailed herein. Consultant has been selected to
provide this Scope of Services that will be readily available for a fixed rate when
needed. However, before any work is performed, Consultant must provide a
specific written proposal for any requested services and obtain advance written
approval to proceed from City’s Contract Office, as such process is more fully
described below. Unless specifically defined, each category or type of work listed
shall be construed to include all services customarily performed by a first-class
consultant as defined under such category or type.
II. Work Request Procedure
A. Each task to be performed shall be set forth in a verbal or written request
(“Request”) produced by City’s Contract Officer with a description of the work
to be performed, and the time desired for completion. All tasks shall be carried
out in conformity with all provisions of this Agreement.
B. Following receipt of the Request, Consultant shall prepare a “Task Proposal”
that includes the following components:
1. A written description of the requested task (“Task Description”) including all
components and subtasks, and including any clarifications of the descriptions
provided in the Request;
2. The costs to perform the task (“Task Budget”);
3. A break-down of the costs or an explanation of how the cost was determined;
and
4. A schedule for completion of the task (“Task Completion Schedule”),
including a final completion date (“Task Completion Date”).
C. City’s Contract Officer shall approve, modify, or reject the Task Proposal in
writing, and issue a Notice to Proceed when a written agreement has been reached
on the Task Proposal.
D. The task shall be performed at a cost not exceeding the Task Budget.
E. Consultant shall complete the task and deliver all deliverables to Contract Officer
by the Task Completion Date and in accordance with the Task Completion
Schedule.
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III. Consultant acknowledges that City has no obligation to request that any services be
performed by Consultant under this Agreement. City’s Contract Officer may
establish a rotation schedule with multiple consultants, and may seek competing
Task Proposals, may select a consultant that in its judgement is best suited for a
particular task, or may select a consultant in a manner that is in the best interest of
City.
IV. 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:
A. Consultant shall provide to City’s Contract Officer a weekly written summary of
progress on all approved Task Proposals for services lasting longer than one
week.
V. 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.
VI. Consultant shall utilize the personnel stated in their proposal to accomplish the
Services, unless otherwise approved by the Contract Officer.
SCOPE OF WORK
The following services tasks performed by the selected on-call firms requested by the
City include, but not limited to the following:
PROJECT MANAGEMENT
Tasks under the Project Management may include, but are not limited to the following:
• General management
o Researching various topics
o Preparing reports, memoranda, and sketches
o Preparing presentations
o Attending meetings, preparing agendas and read-aheads, facilitating discussions,
developing and distributing meeting minutes
o Preparing weekly Project Status Reports
o Reporting on task/project/program status, prior week’s activities, and upcoming
week’s activities
o Other general management tasks
• Scope Management
o Developing statements of scope
o Reviewing reports and designs to determine applicability to scope
o Other scope related tasks
• Schedule management
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o Preparing schedules
o Conducting progress meetings
o Assessing current progress against baseline schedule
o Forecasting schedule scenarios
o Assessing schedule risk and developing recovery strategies to mitigate impact
o Preparing justifications for schedule extensions
o Preparing schedule change order/contract extension packages
o Managing contract durations
o Other schedule management related tasks
• Budget management
o Preparing budgets
o Tracking actual costs against budgets
o Forecasting ongoing budget needs
o Identifying budget risk and developing recovery strategies to mitigate impact
o Developing justifications for additional budget when needed
o Prepare change order/contract amendment packages
o Reviewing pay applications
o Managing contract authorizations
o Other budget management related tasks
• Quality management
o Reviewing reports, plans, specifications, estimates, contracts, and other
documents
o Researching public works standards, guidelines, and best practices
o Assisting in the development of policies and procedures
o Performing value engineering and identifying opportunities to improve design and
reduce costs
• Procurement
o Performing various procurement related activities such as obtaining quotes, bids,
and proposals
o Reviewing quotes, bids, and proposals
• Coordination
o Coordinating with various stakeholders
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text indicated in bold italics, deleted text indicated in strikethrough.
I. Section 1.1, Scope of Services, is amended to read:
In compliance with all terms and conditions of this Agreement, the Consultant
shall provide those services specified in the “Scope of Services”, as stated in the
Proposal, 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
similarly qualified firms performing similar work under similar circumstances.
II. Section 5.3, Indemnification, is amended to read:
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 of them 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, but in no event shall the cost to defend
charged to Consultant exceed the statutory limitations of Civil Code Section 2782.8,
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although notwithstanding, in the event one or more defendants is unable to pay its
share of defense costs due to bankruptcy or dissolution of the business, Consultant
shall meet and confer with other parties regarding unpaid defense costs;
(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 therefrom;
(c) In 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 officers, agents or employees in such action or proceeding, including but
not limited to, legal costs and attorneys’ fees. However, in no event shall cost to defend
charged to Consultant exceed the statutory limitations of Civil Code Section 2782.8,
although notwithstanding, in the event one or more defendants is unable to pay its
share of defense costs due to bankruptcy or dissolution of the business, Consultant
shall meet and confer with other parties regarding unpaid defense costs.
(d) 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 of this Agreement.
III. Section 7.3, Retention of Funds, is amended to read:
Consultant hereby authorizes City to deduct withhold from any amount payable to
Consultant until such disputes are resolved (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
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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 party, the
amount or validity of which 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 until such lien or dispute is resolved, 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.
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the on-call services at the rates listed in Exhibit C-1. The
rates provided in Exhibit C-1 may be subject to annual CPI increases during the
term of this Agreement. Estimated quantities listed in Exhibit C-1, if any, are for the
purpose of estimation only. Actual quantities and compensation will depend on the
needs of the City.
II. Within the budgeted amounts for each task in the Task Budget, and with the
approval of the Contract Officer, funds may be shifted from one Task subbudget to
another so long as the Task Budget is not exceeded.
III. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice shall be accompanied by all Task Proposal’s for which
Consultant is requesting compensation. 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 subconsultant labor, supplies, equipment, materials, and
travel properly charged to the Services.
IV. The total compensation for the Services under this Agreement shall not exceed the
amount provided in Section 2.1 of this Agreement. The total Task Budget for any
individual Task shall not exceed $500,000.
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EXHIBIT “C-1”
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Term
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect for three (3) years.
II. Consultant shall complete each Task no later than the Task Completion Date set in
the Task Proposal and shall not receive additional compensation for work
completed after the Task Completion Date.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
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01203.0001/699504.1 EQG 1
PROFESSIONAL SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
TRANSTECH ENGINEERS, INC.
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01203.0001/699504.1 EQG
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
TRANSTECH ENGINEERS, INC.
THIS AGREEMENT FOR PROFESSIONAL SERVICES (herein “Agreement”) is made
and entered into on May 17, 2022, by and between the CITY OF RANCHO PALOS VERDES,
a California municipal corporation (“City”) and TRANSTECH ENGINEERS, 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, the performance of the
services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal for the performance of the
services defined and described particularly in Article 1 of this 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 1 of this Agreement and desire that
the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the 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”, as stated in the Proposal, 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
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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.
1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s Proposal 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 if the 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 work 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 1
(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 of the 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
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Consultant shall, as a penalty to the City, forfeit $200 (two hundred dollars) for each calendar
day, or portion thereof, for each worker paid less 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.
(d) Payroll Records. Consultant shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as
specified in Section 1776; certify and make such payroll records available for inspection as
provided by Section 1776; and inform the City of the location of the 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 60 (sixty) 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.
(f) Eight-Hour Work Day. Consultant acknowledges that 8 (eight) hours labor
constitutes a legal day's work. Consultant shall comply with 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 $25 (twenty-five dollars) 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 8 (eight) hours in any one calendar day and 40 (forty) hours in any one calendar week
in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of 8
(eight) hours per day, and 40 (forty) 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 1½
(one and one half) 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 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of
this contract.”
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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
subcontractor's compliance with Division 2, Part 7, Chapter 1 (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. If 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 in the form of a Change Order.
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.
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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.
1.9 Additional Services.
City shall have the right at any time during the performance of the services, without
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 Change 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 15% of the Contract
Sum; or, in the time to perform of up to 90 (ninety) days, may be approved by the Contract
Officer through a written Change Order. 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.
If in the performance of the contract scope, the Consultant becomes aware of material defects in
the scope, duration or span of the contract or the Consultant becomes aware of extenuating
circumstance that will or could prevent the completion of the contract, on time or on budget, the
Consultant shall inform the Contracting Officer of an anticipated Change Order. This proposed
change order will stipulate, the facts surrounding the issue, proposed solutions, proposed costs
and proposed schedule impacts.
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 conflict between the provisions of Exhibit “B” and any
other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
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ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth 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 $1,500,000 (One Million Five Hundred Thousand Dollars)
(the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.
Annual compensation shall not exceed $500,000 (Five Hundred Thousand Dollars).
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; (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,
and (b) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the
Schedule of Compensation.
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 of the work with 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, using the City template,
or in a format acceptable to the City, 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 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 45 (forty-five) days of receipt of Consultant’s correct and
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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. In 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 of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written 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 through a Change
Order, but not exceeding 90 (ninety) 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 10 (ten) 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 of the enforced delay when
and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s
determination shall be final and conclusive upon the parties to this Agreement. In 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 of the Agreement
pursuant to this Section.
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3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding 3 years
from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit
“D”). The City may, in its unfettered discretion, extend the Term by two (2) additional years;
provided the Contract Officer gives written notice of the same to Consultant not later than sixty
(60) calendar days prior to the expiration of the 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 specified herein and make all decisions in connection therewith:
_________________ ____________________
(Name) (Title)
_______________ __________
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were 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
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 the personnel included in the Proposal 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. City shall have the right to approve or reject any proposed replacement
personnel, which approval shall not be unreasonably withheld.
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
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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 Ramzi Awwad or such person as may be designated by the
Public Works Director. 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 of the 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,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City; all subcontractors included
in the Proposal are deemed approved. 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 25% (twenty five percent) of the 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 without the express consent of City.
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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.
(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
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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 of this 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) Primary/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 and continuously maintain 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 allow
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.
(g) Enforcement of contract provisions (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
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requirements, or a waiver 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 30 (thirty) day notice of cancellation (except for
nonpayment for which a 10 (ten) day notice is required) or nonrenewal of coverage for each
required coverage.
(j) 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 with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(l) 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 review.
(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 90 (ninety) 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.
(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,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
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(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 of them 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 therefrom;
(c) In 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 officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorneys’
fees.
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
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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 of this 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 following completion of the 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 will 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.
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 of the
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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 of
uncompleted 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. § 101, 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
with 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 rewrite said response.
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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 which Consultant may cure the
default. This timeframe is 15 (fifteen) 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 party, the amount
or validity of which 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
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provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
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 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 30 (thirty) 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. 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. Consultant shall be entitled to compensation for
all services rendered prior to the effective date of the 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 of termination without cause pursuant to this Section, the City need not provide the
Consultant with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Party.
If termination is due to the failure of the other Party to fulfill its obligations under this
Agreement:
(a) 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
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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.
(b) Consultant may, after compliance with the provisions of Section 7.2, terminate the
Agreement upon written notice to the City‘s Contract Officer. Consultant shall be entitled to
payment for all work performed up to the date of termination.
7.9 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 of this Agreement.
8.2 Conflict of Interest.
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 with the interests
of City or which would in any way 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 of this Agreement.
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 warrants 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.
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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 of the Federal
Immigration and Nationality Act, 8 U.S.C. § 1101 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 of the 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 if mailed as provided in this Section.
9.2 Interpretation.
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.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
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9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It 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 of Non-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 “noninterests” pursuant to Government Code Sections 1091 or 1091.5. 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 _______
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9.7 Corporate Authority.
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 which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
David L. Bradley, Mayor
ATTEST:
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CONSULTANT:
TRANSTECH ENGINEERS, INC., a California
corporation
By:
Name:
Title:
By:
Name:
Title:
Address:
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. CONSULTANT’S
SIGNATURES 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 BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2022 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.
I 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 DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2022 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.
I 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 DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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.
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EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will provide on-call professional services relating to project management
(the Services), as more fully detailed herein. Consultant has been selected to
provide this Scope of Services that will be readily available for a fixed rate when
needed. However, before any work is performed, Consultant must provide a
specific written proposal for any requested services and obtain advance written
approval to proceed from City’s Contract Office, as such process is more fully
described below. Unless specifically defined, each category or type of work listed
shall be construed to include all services customarily performed by a first-class
consultant as defined under such category or type.
II. Work Request Procedure
A. Each task to be performed shall be set forth in a verbal or written request
(“Request”) produced by City’s Contract Officer with a description of the work
to be performed, and the time desired for completion. All tasks shall be carried
out in conformity with all provisions of this Agreement.
B. Following receipt of the Request, Consultant shall prepare a “Task Proposal”
that includes the following components:
1. A written description of the requested task (“Task Description”) including all
components and subtasks, and including any clarifications of the descriptions
provided in the Request;
2. The costs to perform the task (“Task Budget”);
3. A break-down of the costs or an explanation of how the cost was determined;
and
4. A schedule for completion of the task (“Task Completion Schedule”),
including a final completion date (“Task Completion Date”).
C. City’s Contract Officer shall approve, modify, or reject the Task Proposal in
writing, and issue a Notice to Proceed when a written agreement has been reached
on the Task Proposal.
D. The task shall be performed at a cost not exceeding the Task Budget.
E. Consultant shall complete the task and deliver all deliverables to Contract Officer
by the Task Completion Date and in accordance with the Task Completion
Schedule.
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III. Consultant acknowledges that City has no obligation to request that any services be
performed by Consultant under this Agreement. City’s Contract Officer may
establish a rotation schedule with multiple consultants, and may seek competing
Task Proposals, may select a consultant that in its judgement is best suited for a
particular task, or may select a consultant in a manner that is in the best interest of
City.
IV. 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:
A. Consultant shall provide to City’s Contract Officer a weekly written summary of
progress on all approved Task Proposals for services lasting longer than one
week.
V. 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.
VI. Consultant shall utilize the personnel stated in their proposal to accomplish the
Services, unless otherwise approved by the Contract Officer.
SCOPE OF WORK
The following services tasks performed by the selected on-call firms requested by the
City include, but not limited to the following:
PROJECT MANAGEMENT
Tasks under the Project Management may include, but are not limited to the following:
• General management
o Researching various topics
o Preparing reports, memoranda, and sketches
o Preparing presentations
o Attending meetings, preparing agendas and read-aheads, facilitating discussions,
developing and distributing meeting minutes
o Preparing weekly Project Status Reports
o Reporting on task/project/program status, prior week’s activities, and upcoming
week’s activities
o Other general management tasks
• Scope Management
o Developing statements of scope
o Reviewing reports and designs to determine applicability to scope
o Other scope related tasks
• Schedule management
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o Preparing schedules
o Conducting progress meetings
o Assessing current progress against baseline schedule
o Forecasting schedule scenarios
o Assessing schedule risk and developing recovery strategies to mitigate impact
o Preparing justifications for schedule extensions
o Preparing schedule change order/contract extension packages
o Managing contract durations
o Other schedule management related tasks
• Budget management
o Preparing budgets
o Tracking actual costs against budgets
o Forecasting ongoing budget needs
o Identifying budget risk and developing recovery strategies to mitigate impact
o Developing justifications for additional budget when needed
o Prepare change order/contract amendment packages
o Reviewing pay applications
o Managing contract authorizations
o Other budget management related tasks
• Quality management
o Reviewing reports, plans, specifications, estimates, contracts, and other
documents
o Researching public works standards, guidelines, and best practices
o Assisting in the development of policies and procedures
o Performing value engineering and identifying opportunities to improve design and
reduce costs
• Procurement
o Performing various procurement related activities such as obtaining quotes, bids,
and proposals
o Reviewing quotes, bids, and proposals
• Coordination
o Coordinating with various stakeholders
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text indicated in bold italics, deleted text indicated in strikethrough.
I. Section 1.1, Scope of Services, is amended to read:
In compliance with all terms and conditions of this Agreement, the Consultant
shall provide those services specified in the “Scope of Services”, as stated in the
Proposal, 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
similarly qualified firms performing similar work under similar circumstances.
II. Section 5.3, Indemnification, is amended to read:
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 of them 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, but in no event shall the cost to defend
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charged to Consultant exceed the statutory limitations of Civil Code Section 2782.8,
although notwithstanding, in the event one or more defendants is unable to pay its
share of defense costs due to bankruptcy or dissolution of the business, Consultant
shall meet and confer with other parties regarding unpaid defense costs;
(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 therefrom;
(c) In 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 officers, agents or employees in such action or proceeding, including but
not limited to, legal costs and attorneys’ fees. However, in no event shall cost to defend
charged to Consultant exceed the statutory limitations of Civil Code Section 2782.8,
although notwithstanding, in the event one or more defendants is unable to pay its
share of defense costs due to bankruptcy or dissolution of the business, Consultant
shall meet and confer with other parties regarding unpaid defense costs.
(d) 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 of this Agreement.
III. Section 7.3, Retention of Funds, is amended to read:
Consultant hereby authorizes City to deduct withhold from any amount payable to
Consultant until such disputes are resolved (whether or not arising out of this
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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 party, the
amount or validity of which 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 until such lien or dispute is resolved, 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.
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the on-call services at the rates listed in Exhibit C-1. The
rates provided in Exhibit C-1 may be subject to annual CPI increases during the
term of this Agreement. Estimated quantities listed in Exhibit C-1, if any, are for the
purpose of estimation only. Actual quantities and compensation will depend on the
needs of the City.
II. Within the budgeted amounts for each task in the Task Budget, and with the
approval of the Contract Officer, funds may be shifted from one Task subbudget to
another so long as the Task Budget is not exceeded.
III. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice shall be accompanied by all Task Proposal’s for which
Consultant is requesting compensation. 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 subconsultant labor, supplies, equipment, materials, and
travel properly charged to the Services.
IV. The total compensation for the Services under this Agreement shall not exceed the
amount provided in Section 2.1 of this Agreement. The total Task Budget for any
individual Task shall not exceed $500,000.
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EXHIBIT “C-1”
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Term
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect for three (3) years.
II. Consultant shall complete each Task no later than the Task Completion Date set in
the Task Proposal and shall not receive additional compensation for work
completed after the Task Completion Date.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
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PROFESSIONAL SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
JENKINS, GALES & MARTINEZ, INC.
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01203.0001/699504.1 EQG
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
JENKINS, GALES & MARTINEZ, INC.
THIS AGREEMENT FOR PROFESSIONAL SERVICES (herein “Agreement”) is made
and entered into on May 17, 2022, by and between the CITY OF RANCHO PALOS VERDES,
a California municipal corporation (“City”) and JENKINS, GALES & MARTINEZ, 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, the performance of the
services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal for the performance of the
services defined and described particularly in Article 1 of this 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 1 of this Agreement and desire that
the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the 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”, as stated in the Proposal, 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
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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.
1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s Proposal 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 if the 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 work 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 1
(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 of the 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
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Consultant shall, as a penalty to the City, forfeit $200 (two hundred dollars) for each calendar
day, or portion thereof, for each worker paid less 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.
(d) Payroll Records. Consultant shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as
specified in Section 1776; certify and make such payroll records available for inspection as
provided by Section 1776; and inform the City of the location of the 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 60 (sixty) 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.
(f) Eight-Hour Work Day. Consultant acknowledges that 8 (eight) hours labor
constitutes a legal day's work. Consultant shall comply with 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 $25 (twenty-five dollars) 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 8 (eight) hours in any one calendar day and 40 (forty) hours in any one calendar week
in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of 8
(eight) hours per day, and 40 (forty) 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 1½
(one and one half) 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 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of
this contract.”
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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
subcontractor's compliance with Division 2, Part 7, Chapter 1 (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. If 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 in the form of a Change Order.
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.
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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.
1.9 Additional Services.
City shall have the right at any time during the performance of the services, without
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 Change 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 15% of the Contract
Sum; or, in the time to perform of up to 90 (ninety) days, may be approved by the Contract
Officer through a written Change Order. 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.
If in the performance of the contract scope, the Consultant becomes aware of material defects in
the scope, duration or span of the contract or the Consultant becomes aware of extenuating
circumstance that will or could prevent the completion of the contract, on time or on budget, the
Consultant shall inform the Contracting Officer of an anticipated Change Order. This proposed
change order will stipulate, the facts surrounding the issue, proposed solutions, proposed costs
and proposed schedule impacts.
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 conflict between the provisions of Exhibit “B” and any
other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
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ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth 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 $1,500,000 (One Million Five Hundred Thousand Dollars)
(the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.
Annual compensation shall not exceed $500,000 (Five Hundred Thousand Dollars).
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; (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,
and (b) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the
Schedule of Compensation.
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 of the work with 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, using the City template,
or in a format acceptable to the City, 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 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 45 (forty-five) days of receipt of Consultant’s correct and
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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. In 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 of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written 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 through a Change
Order, but not exceeding 90 (ninety) 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 10 (ten) 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 of the enforced delay when
and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s
determination shall be final and conclusive upon the parties to this Agreement. In 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 of the Agreement
pursuant to this Section.
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3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding 3 years
from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit
“D”). The City may, in its unfettered discretion, extend the Term by two (2) additional years;
provided the Contract Officer gives written notice of the same to Consultant not later than sixty
(60) calendar days prior to the expiration of the 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 specified herein and make all decisions in connection therewith:
_________________ ____________________
(Name) (Title)
_______________ __________
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were 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
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 the personnel included in the Proposal 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. City shall have the right to approve or reject any proposed replacement
personnel, which approval shall not be unreasonably withheld.
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
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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 Ramzi Awwad or such person as may be designated by the
Public Works Director. 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 of the 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,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City; all subcontractors included
in the Proposal are deemed approved. 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 25% (twenty five percent) of the 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 without the express consent of City.
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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.
(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
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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 of this 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) Primary/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 and continuously maintain 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 allow
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.
(g) Enforcement of contract provisions (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
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requirements, or a waiver 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 30 (thirty) day notice of cancellation (except for
nonpayment for which a 10 (ten) day notice is required) or nonrenewal of coverage for each
required coverage.
(j) 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 with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(l) 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 review.
(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 90 (ninety) 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.
(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,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
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(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 of them 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 therefrom;
(c) In 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 officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorneys’
fees.
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
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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 of this 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 following completion of the 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 will 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.
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 of the
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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 of
uncompleted 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. § 101, 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
with 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 rewrite said response.
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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 which Consultant may cure the
default. This timeframe is 15 (fifteen) 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 party, the amount
or validity of which 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
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provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
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 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 30 (thirty) 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. 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. Consultant shall be entitled to compensation for
all services rendered prior to the effective date of the 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 of termination without cause pursuant to this Section, the City need not provide the
Consultant with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Party.
If termination is due to the failure of the other Party to fulfill its obligations under this
Agreement:
(a) 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
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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.
(b) Consultant may, after compliance with the provisions of Section 7.2, terminate the
Agreement upon written notice to the City‘s Contract Officer. Consultant shall be entitled to
payment for all work performed up to the date of termination.
7.9 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 of this Agreement.
8.2 Conflict of Interest.
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 with the interests
of City or which would in any way 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 of this Agreement.
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 warrants 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.
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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 of the Federal
Immigration and Nationality Act, 8 U.S.C. § 1101 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 of the 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 if mailed as provided in this Section.
9.2 Interpretation.
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.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
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01203.0001/699504.1 EQG 20
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It 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 of Non-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 “noninterests” pursuant to Government Code Sections 1091 or 1091.5. 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 _______
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01203.0001/699504.1 EQG 21
9.7 Corporate Authority.
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 which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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01203.0001/699504.1 EQG 22
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
David L. Bradley, Mayor
ATTEST:
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CONSULTANT:
JENKINS, GALES & MARTINEZ, INC., a
California corporation
By:
Name: Ryan Gales
Title: CEO
By:
Name:
Title:
Address: 6033 West Century Blvd, Suite 601
Los Angeles, CA 90045
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. CONSULTANT’S
SIGNATURES 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 BUSINESS ENTITY.
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01203.0001/699504.1 EQG
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2022 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.
I 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 DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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.
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01203.0001/699504.1 EQG
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2022 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.
I 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 DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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.
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01203.0001/699504.1 EQG A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will provide on-call professional services relating to project management
(the Services), as more fully detailed herein. Consultant has been selected to
provide this Scope of Services that will be readily available for a fixed rate when
needed. However, before any work is performed, Consultant must provide a
specific written proposal for any requested services and obtain advance written
approval to proceed from City’s Contract Office, as such process is more fully
described below. Unless specifically defined, each category or type of work listed
shall be construed to include all services customarily performed by a first-class
consultant as defined under such category or type.
II. Work Request Procedure
A. Each task to be performed shall be set forth in a verbal or written request
(“Request”) produced by City’s Contract Officer with a description of the work
to be performed, and the time desired for completion. All tasks shall be carried
out in conformity with all provisions of this Agreement.
B. Following receipt of the Request, Consultant shall prepare a “Task Proposal”
that includes the following components:
1. A written description of the requested task (“Task Description”) including all
components and subtasks, and including any clarifications of the descriptions
provided in the Request;
2. The costs to perform the task (“Task Budget”);
3. A break-down of the costs or an explanation of how the cost was determined;
and
4. A schedule for completion of the task (“Task Completion Schedule”),
including a final completion date (“Task Completion Date”).
C. City’s Contract Officer shall approve, modify, or reject the Task Proposal in
writing, and issue a Notice to Proceed when a written agreement has been reached
on the Task Proposal.
D. The task shall be performed at a cost not exceeding the Task Budget.
E. Consultant shall complete the task and deliver all deliverables to Contract Officer
by the Task Completion Date and in accordance with the Task Completion
Schedule.
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III. Consultant acknowledges that City has no obligation to request that any services be
performed by Consultant under this Agreement. City’s Contract Officer may
establish a rotation schedule with multiple consultants, and may seek competing
Task Proposals, may select a consultant that in its judgement is best suited for a
particular task, or may select a consultant in a manner that is in the best interest of
City.
IV. 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:
A. Consultant shall provide to City’s Contract Officer a weekly written summary of
progress on all approved Task Proposals for services lasting longer than one
week.
V. 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.
VI. Consultant shall utilize the personnel stated in their proposal to accomplish the
Services, unless otherwise approved by the Contract Officer.
SCOPE OF WORK
The following services tasks performed by the selected on-call firms requested by the
City include, but not limited to the following:
PROJECT MANAGEMENT
Tasks under the Project Management may include, but are not limited to the following:
• General management
o Researching various topics
o Preparing reports, memoranda, and sketches
o Preparing presentations
o Attending meetings, preparing agendas and read-aheads, facilitating discussions,
developing and distributing meeting minutes
o Preparing weekly Project Status Reports
o Reporting on task/project/program status, prior week’s activities, and upcoming
week’s activities
o Other general management tasks
• Scope Management
o Developing statements of scope
o Reviewing reports and designs to determine applicability to scope
o Other scope related tasks
• Schedule management
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01203.0001/699504.1 EQG A-3
o Preparing schedules
o Conducting progress meetings
o Assessing current progress against baseline schedule
o Forecasting schedule scenarios
o Assessing schedule risk and developing recovery strategies to mitigate impact
o Preparing justifications for schedule extensions
o Preparing schedule change order/contract extension packages
o Managing contract durations
o Other schedule management related tasks
• Budget management
o Preparing budgets
o Tracking actual costs against budgets
o Forecasting ongoing budget needs
o Identifying budget risk and developing recovery strategies to mitigate impact
o Developing justifications for additional budget when needed
o Prepare change order/contract amendment packages
o Reviewing pay applications
o Managing contract authorizations
o Other budget management related tasks
• Quality management
o Reviewing reports, plans, specifications, estimates, contracts, and other
documents
o Researching public works standards, guidelines, and best practices
o Assisting in the development of policies and procedures
o Performing value engineering and identifying opportunities to improve design and
reduce costs
• Procurement
o Performing various procurement related activities such as obtaining quotes, bids,
and proposals
o Reviewing quotes, bids, and proposals
• Coordination
o Coordinating with various stakeholders
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01203.0001/699504.1 EQG B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text indicated in bold italics, deleted text indicated in strikethrough.
[INTENTIONALLY LEFT BLANK]
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01203.0001/699504.1 EQG C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the on-call services at the rates listed in Exhibit C-1. The
rates provided in Exhibit C-1 may be subject to annual CPI increases during the
term of this Agreement. Estimated quantities listed in Exhibit C-1, if any, are for the
purpose of estimation only. Actual quantities and compensation will depend on the
needs of the City.
II. Within the budgeted amounts for each task in the Task Budget, and with the
approval of the Contract Officer, funds may be shifted from one Task subbudget to
another so long as the Task Budget is not exceeded.
III. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice shall be accompanied by all Task Proposal’s for which
Consultant is requesting compensation. 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 subconsultant labor, supplies, equipment, materials, and
travel properly charged to the Services.
IV. The total compensation for the Services under this Agreement shall not exceed the
amount provided in Section 2.1 of this Agreement. The total Task Budget for any
individual Task shall not exceed $500,000.
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01203.0001/699504.1 EQG C-2
EXHIBIT “C-1”
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01203.0001/699504.1 EQG D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Term
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect for three (3) years.
II. Consultant shall complete each Task no later than the Task Completion Date set in
the Task Proposal and shall not receive additional compensation for work
completed after the Task Completion Date.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
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PROFESSIONAL SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
INTEGRATED ENGINEERING MANAGEMENT
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01203.0001/699504.1 EQG
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
INTEGRATED ENGINEERING MANAGEMENT
THIS AGREEMENT FOR PROFESSIONAL SERVICES (herein “Agreement”) is made
and entered into on May 17, 2022, by and between the CITY OF RANCHO PALOS VERDES,
a California municipal corporation (“City”) and INTEGRATED ENGINEERING
MANAGEMENT, 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, the performance of the
services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal for the performance of the
services defined and described particularly in Article 1 of this 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 1 of this Agreement and desire that
the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the 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”, as stated in the Proposal, 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
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01203.0001/699504.1 EQG 2
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.
1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s Proposal 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 if the 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 work 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 1
(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 of the 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
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01203.0001/699504.1 EQG 3
Consultant shall, as a penalty to the City, forfeit $200 (two hundred dollars) for each calendar
day, or portion thereof, for each worker paid less 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.
(d) Payroll Records. Consultant shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as
specified in Section 1776; certify and make such payroll records available for inspection as
provided by Section 1776; and inform the City of the location of the 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 60 (sixty) 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.
(f) Eight-Hour Work Day. Consultant acknowledges that 8 (eight) hours labor
constitutes a legal day's work. Consultant shall comply with 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 $25 (twenty-five dollars) 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 8 (eight) hours in any one calendar day and 40 (forty) hours in any one calendar week
in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of 8
(eight) hours per day, and 40 (forty) 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 1½
(one and one half) 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 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of
this contract.”
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01203.0001/699504.1 EQG 4
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
subcontractor's compliance with Division 2, Part 7, Chapter 1 (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. If 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 in the form of a Change Order.
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.
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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.
1.9 Additional Services.
City shall have the right at any time during the performance of the services, without
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 Change 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 15% of the Contract
Sum; or, in the time to perform of up to 90 (ninety) days, may be approved by the Contract
Officer through a written Change Order. 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.
If in the performance of the contract scope, the Consultant becomes aware of material defects in
the scope, duration or span of the contract or the Consultant becomes aware of extenuating
circumstance that will or could prevent the completion of the contract, on time or on budget, the
Consultant shall inform the Contracting Officer of an anticipated Change Order. This proposed
change order will stipulate, the facts surrounding the issue, proposed solutions, proposed costs
and proposed schedule impacts.
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 conflict between the provisions of Exhibit “B” and any
other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
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ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth 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 $1,500,000 (One Million Five Hundred Thousand Dollars)
(the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.
Annual compensation shall not exceed $500,000 (Five Hundred Thousand Dollars).
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; (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,
and (b) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the
Schedule of Compensation.
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 of the work with 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, using the City template,
or in a format acceptable to the City, 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 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 45 (forty-five) days of receipt of Consultant’s correct and
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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. In 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 of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written 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 through a Change
Order, but not exceeding 90 (ninety) 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 10 (ten) 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 of the enforced delay when
and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s
determination shall be final and conclusive upon the parties to this Agreement. In 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 of the Agreement
pursuant to this Section.
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3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding 3 years
from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit
“D”). The City may, in its unfettered discretion, extend the Term by two (2) additional years;
provided the Contract Officer gives written notice of the same to Consultant not later than sixty
(60) calendar days prior to the expiration of the 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 specified herein and make all decisions in connection therewith:
Behjat Zanjani_________________ President____________________
(Name) (Title)
Senthil Sinnadurai_______________ Senior Project Manager__________
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were 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
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 the personnel included in the Proposal 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. City shall have the right to approve or reject any proposed replacement
personnel, which approval shall not be unreasonably withheld.
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
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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 Ramzi Awwad or such person as may be designated by the
Public Works Director. 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 of the 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,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City; all subcontractors included
in the Proposal are deemed approved. 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 25% (twenty five percent) of the 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 without the express consent of City.
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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.
(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
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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 of this 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) Primary/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 and continuously maintain 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 allow
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.
(g) Enforcement of contract provisions (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
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requirements, or a waiver 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 30 (thirty) day notice of cancellation (except for
nonpayment for which a 10 (ten) day notice is required) or nonrenewal of coverage for each
required coverage.
(j) 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 with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(l) 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 review.
(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 90 (ninety) 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.
(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,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
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(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 of them 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 therefrom;
(c) In 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 officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorneys’
fees.
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
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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 of this 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 following completion of the 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 will 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.
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 of the
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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 of
uncompleted 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. § 101, 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
with 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 rewrite said response.
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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 which Consultant may cure the
default. This timeframe is 15 (fifteen) 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 party, the amount
or validity of which 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
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provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
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 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 30 (thirty) 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. 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. Consultant shall be entitled to compensation for
all services rendered prior to the effective date of the 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 of termination without cause pursuant to this Section, the City need not provide the
Consultant with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Party.
If termination is due to the failure of the other Party to fulfill its obligations under this
Agreement:
(a) 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
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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.
(b) Consultant may, after compliance with the provisions of Section 7.2, terminate the
Agreement upon written notice to the City‘s Contract Officer. Consultant shall be entitled to
payment for all work performed up to the date of termination.
7.9 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 of this Agreement.
8.2 Conflict of Interest.
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 with the interests
of City or which would in any way 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 of this Agreement.
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 warrants 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.
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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 of the Federal
Immigration and Nationality Act, 8 U.S.C. § 1101 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 of the 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 if mailed as provided in this Section.
9.2 Interpretation.
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.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
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9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It 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 of Non-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 “noninterests” pursuant to Government Code Sections 1091 or 1091.5. 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 _______
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9.7 Corporate Authority.
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 which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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01203.0001/699504.1 EQG 22
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
David L. Bradley, Mayor
ATTEST:
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CONSULTANT:
INTEGRATED ENGINEERING
MANAGEMENT, a California corporation
By:
Name: Behjat Zanjani
Title: President
By:
Name:
Title:
Address: 302 W. 5th Street, Suite 207
San Pedro, CA 90731
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. CONSULTANT’S
SIGNATURES 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 BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2022 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.
I 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 DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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.
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01203.0001/699504.1 EQG
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2022 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.
I 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 DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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.
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01203.0001/699504.1 EQG A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will provide on-call professional services relating to project management
(the Services), as more fully detailed herein. Consultant has been selected to
provide this Scope of Services that will be readily available for a fixed rate when
needed. However, before any work is performed, Consultant must provide a
specific written proposal for any requested services and obtain advance written
approval to proceed from City’s Contract Office, as such process is more fully
described below. Unless specifically defined, each category or type of work listed
shall be construed to include all services customarily performed by a first-class
consultant as defined under such category or type.
II. Work Request Procedure
A. Each task to be performed shall be set forth in a verbal or written request
(“Request”) produced by City’s Contract Officer with a description of the work
to be performed, and the time desired for completion. All tasks shall be carried
out in conformity with all provisions of this Agreement.
B. Following receipt of the Request, Consultant shall prepare a “Task Proposal”
that includes the following components:
1. A written description of the requested task (“Task Description”) including all
components and subtasks, and including any clarifications of the descriptions
provided in the Request;
2. The costs to perform the task (“Task Budget”);
3. A break-down of the costs or an explanation of how the cost was determined;
and
4. A schedule for completion of the task (“Task Completion Schedule”),
including a final completion date (“Task Completion Date”).
C. City’s Contract Officer shall approve, modify, or reject the Task Proposal in
writing, and issue a Notice to Proceed when a written agreement has been reached
on the Task Proposal.
D. The task shall be performed at a cost not exceeding the Task Budget.
E. Consultant shall complete the task and deliver all deliverables to Contract Officer
by the Task Completion Date and in accordance with the Task Completion
Schedule.
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III. Consultant acknowledges that City has no obligation to request that any services be
performed by Consultant under this Agreement. City’s Contract Officer may
establish a rotation schedule with multiple consultants, and may seek competing
Task Proposals, may select a consultant that in its judgement is best suited for a
particular task, or may select a consultant in a manner that is in the best interest of
City.
IV. 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:
A. Consultant shall provide to City’s Contract Officer a weekly written summary of
progress on all approved Task Proposals for services lasting longer than one
week.
V. 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.
VI. Consultant shall utilize the personnel stated in their proposal to accomplish the
Services, unless otherwise approved by the Contract Officer.
SCOPE OF WORK
The following services tasks performed by the selected on-call firms requested by the
City include, but not limited to the following:
PROJECT MANAGEMENT
Tasks under the Project Management may include, but are not limited to the following:
• General management
o Researching various topics
o Preparing reports, memoranda, and sketches
o Preparing presentations
o Attending meetings, preparing agendas and read-aheads, facilitating discussions,
developing and distributing meeting minutes
o Preparing weekly Project Status Reports
o Reporting on task/project/program status, prior week’s activities, and upcoming
week’s activities
o Other general management tasks
• Scope Management
o Developing statements of scope
o Reviewing reports and designs to determine applicability to scope
o Other scope related tasks
• Schedule management
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01203.0001/699504.1 EQG A-3
o Preparing schedules
o Conducting progress meetings
o Assessing current progress against baseline schedule
o Forecasting schedule scenarios
o Assessing schedule risk and developing recovery strategies to mitigate impact
o Preparing justifications for schedule extensions
o Preparing schedule change order/contract extension packages
o Managing contract durations
o Other schedule management related tasks
• Budget management
o Preparing budgets
o Tracking actual costs against budgets
o Forecasting ongoing budget needs
o Identifying budget risk and developing recovery strategies to mitigate impact
o Developing justifications for additional budget when needed
o Prepare change order/contract amendment packages
o Reviewing pay applications
o Managing contract authorizations
o Other budget management related tasks
• Quality management
o Reviewing reports, plans, specifications, estimates, contracts, and other
documents
o Researching public works standards, guidelines, and best practices
o Assisting in the development of policies and procedures
o Performing value engineering and identifying opportunities to improve design and
reduce costs
• Procurement
o Performing various procurement related activities such as obtaining quotes, bids,
and proposals
o Reviewing quotes, bids, and proposals
• Coordination
o Coordinating with various stakeholders
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01203.0001/699504.1 EQG B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text indicated in bold italics, deleted text indicated in strikethrough.
[INTENTIONALLY LEFT BLANK]
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01203.0001/699504.1 EQG C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the on-call services at the rates listed in Exhibit C-1. The
rates provided in Exhibit C-1 may be subject to annual CPI increases during the
term of this Agreement. Estimated quantities listed in Exhibit C-1, if any, are for the
purpose of estimation only. Actual quantities and compensation will depend on the
needs of the City.
II. Within the budgeted amounts for each task in the Task Budget, and with the
approval of the Contract Officer, funds may be shifted from one Task subbudget to
another so long as the Task Budget is not exceeded.
III. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice shall be accompanied by all Task Proposal’s for which
Consultant is requesting compensation. 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 subconsultant labor, supplies, equipment, materials, and
travel properly charged to the Services.
IV. The total compensation for the Services under this Agreement shall not exceed the
amount provided in Section 2.1 of this Agreement. The total Task Budget for any
individual Task shall not exceed $500,000.
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01203.0001/699504.1 EQG C-2
EXHIBIT “C-1”
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01203.0001/699504.1 EQG D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Term
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect for three (3) years.
II. Consultant shall complete each Task no later than the Task Completion Date set in
the Task Proposal and shall not receive additional compensation for work
completed after the Task Completion Date.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
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01203.0001/699504.1 EQG 1
PROFESSIONAL SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
HOUT CONSTRUCTION SERVICES, INC. DBA HOUT ENGINEERING
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01203.0001/699504.1 EQG
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
HOUT CONSTRUCTION SERVICES, INC. DBA HOUT ENGINEERING
THIS AGREEMENT FOR PROFESSIONAL SERVICES (herein “Agreement”) is made
and entered into on May 17, 2022, by and between the CITY OF RANCHO PALOS VERDES,
a California municipal corporation (“City”) and HOUT CONSTRUCTION SERVICES, INC.
DBA HOUT ENGINEERING, 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, the performance of the
services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal for the performance of the
services defined and described particularly in Article 1 of this 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 1 of this Agreement and desire that
the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the 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”, as stated in the Proposal, 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
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01203.0001/699504.1 EQG 2
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.
1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s Proposal 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 if the 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 work 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 1
(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 of the 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
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Consultant shall, as a penalty to the City, forfeit $200 (two hundred dollars) for each calendar
day, or portion thereof, for each worker paid less 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.
(d) Payroll Records. Consultant shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as
specified in Section 1776; certify and make such payroll records available for inspection as
provided by Section 1776; and inform the City of the location of the 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 60 (sixty) 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.
(f) Eight-Hour Work Day. Consultant acknowledges that 8 (eight) hours labor
constitutes a legal day's work. Consultant shall comply with 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 $25 (twenty-five dollars) 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 8 (eight) hours in any one calendar day and 40 (forty) hours in any one calendar week
in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of 8
(eight) hours per day, and 40 (forty) 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 1½
(one and one half) 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 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of
this contract.”
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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
subcontractor's compliance with Division 2, Part 7, Chapter 1 (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. If 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 in the form of a Change Order.
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.
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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.
1.9 Additional Services.
City shall have the right at any time during the performance of the services, without
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 Change 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 15% of the Contract
Sum; or, in the time to perform of up to 90 (ninety) days, may be approved by the Contract
Officer through a written Change Order. 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.
If in the performance of the contract scope, the Consultant becomes aware of material defects in
the scope, duration or span of the contract or the Consultant becomes aware of extenuating
circumstance that will or could prevent the completion of the contract, on time or on budget, the
Consultant shall inform the Contracting Officer of an anticipated Change Order. This proposed
change order will stipulate, the facts surrounding the issue, proposed solutions, proposed costs
and proposed schedule impacts.
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 conflict between the provisions of Exhibit “B” and any
other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
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ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth 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 $1,500,000 (One Million Five Hundred Thousand Dollars)
(the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.
Annual compensation shall not exceed $500,000 (Five Hundred Thousand Dollars).
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; (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,
and (b) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the
Schedule of Compensation.
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 of the work with 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, using the City template,
or in a format acceptable to the City, 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 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 45 (forty-five) days of receipt of Consultant’s correct and
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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. In 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 of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written 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 through a Change
Order, but not exceeding 90 (ninety) 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 10 (ten) 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 of the enforced delay when
and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s
determination shall be final and conclusive upon the parties to this Agreement. In 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 of the Agreement
pursuant to this Section.
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3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding 3 years
from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit
“D”). The City may, in its unfettered discretion, extend the Term by two (2) additional years;
provided the Contract Officer gives written notice of the same to Consultant not later than sixty
(60) calendar days prior to the expiration of the 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 specified herein and make all decisions in connection therewith:
_________________ ____________________
(Name) (Title)
_______________ __________
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were 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
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 the personnel included in the Proposal 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. City shall have the right to approve or reject any proposed replacement
personnel, which approval shall not be unreasonably withheld.
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
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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 Ramzi Awwad or such person as may be designated by the
Public Works Director. 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 of the 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,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City; all subcontractors included
in the Proposal are deemed approved. 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 25% (twenty five percent) of the 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 without the express consent of City.
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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.
(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
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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 of this 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) Primary/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 and continuously maintain 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 allow
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.
(g) Enforcement of contract provisions (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
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requirements, or a waiver 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 30 (thirty) day notice of cancellation (except for
nonpayment for which a 10 (ten) day notice is required) or nonrenewal of coverage for each
required coverage.
(j) 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 with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(l) 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 review.
(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 90 (ninety) 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.
(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,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
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(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 of them 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 therefrom;
(c) In 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 officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorneys’
fees.
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
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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 of this 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 following completion of the 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 will 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.
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 of the
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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 of
uncompleted 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. § 101, 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
with 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 rewrite said response.
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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 which Consultant may cure the
default. This timeframe is 15 (fifteen) 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 party, the amount
or validity of which 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
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provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
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 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 30 (thirty) 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. 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. Consultant shall be entitled to compensation for
all services rendered prior to the effective date of the 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 of termination without cause pursuant to this Section, the City need not provide the
Consultant with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Party.
If termination is due to the failure of the other Party to fulfill its obligations under this
Agreement:
(a) 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
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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.
(b) Consultant may, after compliance with the provisions of Section 7.2, terminate the
Agreement upon written notice to the City‘s Contract Officer. Consultant shall be entitled to
payment for all work performed up to the date of termination.
7.9 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 of this Agreement.
8.2 Conflict of Interest.
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 with the interests
of City or which would in any way 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 of this Agreement.
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 warrants 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.
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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 of the Federal
Immigration and Nationality Act, 8 U.S.C. § 1101 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 of the 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 if mailed as provided in this Section.
9.2 Interpretation.
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.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
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9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It 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 of Non-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 “noninterests” pursuant to Government Code Sections 1091 or 1091.5. 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 _______
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9.7 Corporate Authority.
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 which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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01203.0001/699504.1 EQG 22
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
David L. Bradley, Mayor
ATTEST:
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CONSULTANT:
HOUT CONSTRUCTION SERVICES, INC. DBA
HOUT ENGINEERING, a California corporation
By:
Name: Sam Hout
Title:
By:
Name: Adam Hout
Title:
Address: 20250 SW Acacia St, Suite 150
Newport Beach, CA 92660
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. CONSULTANT’S
SIGNATURES 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 BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2022 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.
I 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 DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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.
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01203.0001/699504.1 EQG
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2022 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.
I 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 DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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.
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01203.0001/699504.1 EQG A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will provide on-call professional services relating to project management
(the Services), as more fully detailed herein. Consultant has been selected to
provide this Scope of Services that will be readily available for a fixed rate when
needed. However, before any work is performed, Consultant must provide a
specific written proposal for any requested services and obtain advance written
approval to proceed from City’s Contract Office, as such process is more fully
described below. Unless specifically defined, each category or type of work listed
shall be construed to include all services customarily performed by a first-class
consultant as defined under such category or type.
II. Work Request Procedure
A. Each task to be performed shall be set forth in a verbal or written request
(“Request”) produced by City’s Contract Officer with a description of the work
to be performed, and the time desired for completion. All tasks shall be carried
out in conformity with all provisions of this Agreement.
B. Following receipt of the Request, Consultant shall prepare a “Task Proposal”
that includes the following components:
1. A written description of the requested task (“Task Description”) including all
components and subtasks, and including any clarifications of the descriptions
provided in the Request;
2. The costs to perform the task (“Task Budget”);
3. A break-down of the costs or an explanation of how the cost was determined;
and
4. A schedule for completion of the task (“Task Completion Schedule”),
including a final completion date (“Task Completion Date”).
C. City’s Contract Officer shall approve, modify, or reject the Task Proposal in
writing, and issue a Notice to Proceed when a written agreement has been reached
on the Task Proposal.
D. The task shall be performed at a cost not exceeding the Task Budget.
E. Consultant shall complete the task and deliver all deliverables to Contract Officer
by the Task Completion Date and in accordance with the Task Completion
Schedule.
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III. Consultant acknowledges that City has no obligation to request that any services be
performed by Consultant under this Agreement. City’s Contract Officer may
establish a rotation schedule with multiple consultants, and may seek competing
Task Proposals, may select a consultant that in its judgement is best suited for a
particular task, or may select a consultant in a manner that is in the best interest of
City.
IV. 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:
A. Consultant shall provide to City’s Contract Officer a weekly written summary of
progress on all approved Task Proposals for services lasting longer than one
week.
V. 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.
VI. Consultant shall utilize the personnel stated in their proposal to accomplish the
Services, unless otherwise approved by the Contract Officer.
SCOPE OF WORK
The following services tasks performed by the selected on-call firms requested by the
City include, but not limited to the following:
PROJECT MANAGEMENT
Tasks under the Project Management may include, but are not limited to the following:
• General management
o Researching various topics
o Preparing reports, memoranda, and sketches
o Preparing presentations
o Attending meetings, preparing agendas and read-aheads, facilitating discussions,
developing and distributing meeting minutes
o Preparing weekly Project Status Reports
o Reporting on task/project/program status, prior week’s activities, and upcoming
week’s activities
o Other general management tasks
• Scope Management
o Developing statements of scope
o Reviewing reports and designs to determine applicability to scope
o Other scope related tasks
• Schedule management
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01203.0001/699504.1 EQG A-3
o Preparing schedules
o Conducting progress meetings
o Assessing current progress against baseline schedule
o Forecasting schedule scenarios
o Assessing schedule risk and developing recovery strategies to mitigate impact
o Preparing justifications for schedule extensions
o Preparing schedule change order/contract extension packages
o Managing contract durations
o Other schedule management related tasks
• Budget management
o Preparing budgets
o Tracking actual costs against budgets
o Forecasting ongoing budget needs
o Identifying budget risk and developing recovery strategies to mitigate impact
o Developing justifications for additional budget when needed
o Prepare change order/contract amendment packages
o Reviewing pay applications
o Managing contract authorizations
o Other budget management related tasks
• Quality management
o Reviewing reports, plans, specifications, estimates, contracts, and other
documents
o Researching public works standards, guidelines, and best practices
o Assisting in the development of policies and procedures
o Performing value engineering and identifying opportunities to improve design and
reduce costs
• Procurement
o Performing various procurement related activities such as obtaining quotes, bids,
and proposals
o Reviewing quotes, bids, and proposals
• Coordination
o Coordinating with various stakeholders
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01203.0001/699504.1 EQG B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text indicated in bold italics, deleted text indicated in strikethrough.
[INTENTIONALLY LEFT BLANK]
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01203.0001/699504.1 EQG C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the on-call services at the rates listed in Exhibit C-1. The
rates provided in Exhibit C-1 may be subject to annual CPI increases during the
term of this Agreement. Estimated quantities listed in Exhibit C-1, if any, are for the
purpose of estimation only. Actual quantities and compensation will depend on the
needs of the City.
II. Within the budgeted amounts for each task in the Task Budget, and with the
approval of the Contract Officer, funds may be shifted from one Task subbudget to
another so long as the Task Budget is not exceeded.
III. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice shall be accompanied by all Task Proposal’s for which
Consultant is requesting compensation. 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 subconsultant labor, supplies, equipment, materials, and
travel properly charged to the Services.
IV. The total compensation for the Services under this Agreement shall not exceed the
amount provided in Section 2.1 of this Agreement. The total Task Budget for any
individual Task shall not exceed $500,000.
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01203.0001/699504.1 EQG C-2
EXHIBIT “C-1”
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01203.0001/699504.1 EQG D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Term
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect for three (3) years.
II. Consultant shall complete each Task no later than the Task Completion Date set in
the Task Proposal and shall not receive additional compensation for work
completed after the Task Completion Date.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
E-32
From:
Sent:
To:
Cc:
Subject:
Good morning Gerri,
Michael Diehl <Michael@coremetnyc.com>
Monday, May 16, 2022 8:12 AM
Gerri Whitten
Megan Barnes; CC; Rudy Monroy; Ken Rukavina; Karina Banales; CityClerk
RE: Peafowl
Thank you for the reply. Please keep in mind that they mate a couple of times of year, and the population builds very
quickly.
I am all for having some peacocks, but when the population grows quickly, the usual concerns and problems come back
right away.
I just don't want us to get into the situation. Prior to 2015, it was a huge mess and problem.
Again, thank you for the reply,
Michael Diehl I Senior Vice President
Coremet Trading, Inc.
1730 E. Holly Ave, Suite 314
El Segundo, CA 90245
Cell: 424.400.9622
From: Gerri Whitten <gwhitten@rpvca.gov>
Sent: Monday, May 16, 2022 7:46 AM
To: Michael Diehl <Michael@coremetnyc.com>
Cc: Megan Barnes <mbarnes@rpvca.gov>; CC <CC@rpvca.gov>; Rudy Monroy <rmonroy@rpvca.gov>; Ken Rukavina
<krukavina@rpvca.gov>; Karina Banales <kbanales@rpvca.gov>; CityClerk <CityClerk@rpvca.gov>
Subject: RE: Peafowl
Good morning, Michael Diehl,
Thank you for your concerns regarding the City's 2022 Peafowl Census Report and the peafowl population.
On Tuesday, May 17, 2022, City Council will review the 2022 Peafowl Census Report to consider our recommendation to
pause the peafowl trapping program for 2022. This recommendation is based on the results of the most recent peafowl
census data which demonstrates a decrease in population by 49% since the program began in 2015. City Council will
make their decision on the outcome of the program on May 17th. For any additional questions, please feel free to
contact me directly. The following links will direct you to the staff report and how to view and/or participate in the
upcoming Council meeting.
Staff Report: https://rpv.granicus.com/MetaViewer.php?view id=5&event id=2088&meta id=103752
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/pa rticipate
1 3.
Kind regards,
Gerri Whitten, CCEO
~ .. ~
CODE ENfORUM ENT
{310} 544-5299
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www.rpvca.gov
City Hall Business Hours:
Monday -Thursday 7:30 a.m. to 5:30 p.m.,
Friday 7:30 a.m. to 4:30 p.m.
City Hall is closed daily noon to 1 p.m.
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COVID-19, visitors are required to wear
face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely.
If you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted
directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be
delayed. For a list of department phone numbers, visit the Staff Directory on the City website.
From: Michael Diehl <Michael@coremetnyc.com>
Date: May 13, 2022 at 9:05:14 PM PDT
To: CC <CC@rpvca.gov>
Subject: Peafowl
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
Dear City Council,
Please return to rounding up the peafowl. Numbers are growing again, and they are seeking new places
to roost.
We have to keep the numbers reasonable otherwise it is completely out of control. Even the peacock
lovers must admit that 80 plus birds is excessive? Please continue with the program to trap ASAP.
I own two homes in the Los Verdes area and it is a constant concern to maintain them and peacock is
another added element that I need to clean up after and prevent from nesting on the property.
Thank you for the consideration,
Michael Diehl
2
Briarhurst Dr
Sent from my iPhone
3
From:
Sent:
To:
Subject:
Late corr
Teresa Takaoka
Wednesday, May 11, 2022 12:44 PM
CityClerk
FW: Peafowl 2022 Census Report
From: Carol Mueller <cmuell@verizon.net>
Sent: Wednesday, May 11, 2022 12:33 PM
To: CC <CC@rpvca.gov>; Gerri Whitten <gwhitten@rpvca.gov>
Subject: Fwd: Peafowl 2022 Census Report
What has happened to common sense???? Nearly every time I drive to or from my home (Vista Grande area) ... I have to
stop and let the peacocks cross ... Mostly they don't come to my house anymore as I planted cactus plants ... walked dogs
don't like them either. I offered to allow a trap again, but (see just prior comments), however, my West neighbor got all
upset. .. lets build a fence and let her take them all!!!!!!
And, just like, legalized pot (info now says worse than cig. smoke) ... however, now M.B. and H.B. want to sell it as they
see all the money the other cities are making .... Does it take a Ph.d (Pop had dough) to figure out where all the money
comes from to give away even to illegals? Or striking to get more money to afford groceries or a house ... again common
sense has died ... will never happen. Or maybe it will happen, when they are successful in busting the housing
market?????
Since the HMO prematurely ended Delong's life (misdiagnosed), now we need a new City Hall, etc .... The new PVP
Watch no longer reflects Ken Delong. Is it correct that the City Hall group is now run by people of speaks a Second
Language and has an early retirement /massive pension and healthcare plan? Does at least one of the RPV City Council
member continue to work after getting a retirement pension, etc ... just heard that one the rattle box.
Just like protecting Coyotes, et al. .. have to attack someone or kill someone as they have rights. Yes, common sense has
died. I am afraid to go outside my house after dark re what might be in my yard!!!!! Who knows even in the daytime.
Carol Mueller
-----Original Message-----
From: City of Rancho Palos Verdes <listserv@civicplus.com>
To: cmuell@verizon.net
Sent: Wed, May 11, 2022 10:30 am
Subject: Peafowl 2022 Census Report
View this in your browserPeafowl 2022 Census Report -May 17th City Council Meeting The City Council of the
City of Rancho Palos Verdes will conduct a hybrid public meeting on Tuesday, May 17, 2022, at 7:00 PM,
to consider the following:
1. Receive and file the 2022 Peafowl Census Report, and
1. Direct Staff to continue pausing the peafowl trapping program for 2022
Click here to view the May 17, 2022, City Council Staff Report
1 3.
Click here to participate in the upcoming May 17th City Council Meeting.
Inquiries should be directed to Code Enforcement Officer, Gerri Whitten, at gwhitten@rpvca.gov or
(310) 544-5299.
*************************************************
This message is been sent by the City of Rancho Palos Verdes as part of a "Notify Me" Listserv category you are
signed up for. Please do not press "reply" when responding to this message, it is an unmonitored email
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2
From:
Sent:
To:
Cc:
Subject:
Attachments:
Good morning, Susan Gates,
Gerri Whitten
Monday, May 16, 2022 9:57 AM
lomitaloon@yahoo.com
Megan Barnes; CC; Rudy Monroy; Ken Rukavina; Karina Banales; CityClerk
RE: Peafowl trapping
RPV CEIR Form .pdf
Thank you for your concerns regarding the City's 2022 Peafowl Census Report and the peafowl population.
On Tuesday, May 17, 2022, City Council will review the 2022 Peafowl Census Report to consider our recommendation to
pause the peafowl trapping program for 2022. This recommendation is based on the results of the most recent peafowl
census data which demonstrates a decrease in population by 49% since the program began in 2015. City Council will
make their decision on the outcome of the program on May 17th. For any additional questions, please feel free to
contact me directly. The following links will direct you to the staff report and how to view and/or participate in the
upcoming Council meeting.
Staff Report: https:ijrpv.granicus.com/MetaViewer.php?view id=S&event id=2088&meta id=103752
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/pa rticipate
When residents witness or suspect a violation of the Rancho Palos Verdes Municipal Code has occurred, the Code
Enforcement Division strongly encourages residents to file a formal complaint either online at
https://www.rpvca.gov/FormCenter/Community-Development-5/Code-Enforcement-Service-Reguest-Form-68 or by
completing and returning the attached complaint form via email to codeenforcement@rpvca.gov. Your information will
be kept confidential. Once the formal complaint is received, a case will be created and assigned to a Code Enforcement
Officer to investigate. You will receive an email confirmation with a case ID for reference.
RPVMC 6.04.010 LA County Animal Control Ordinance Adoption, section 10.84.010 Providing food for certain
animals-prohibited. Except as otherwise provided for in Section 10.84.020, no person shall feed or in any manner
provide food to any peafowl, crow, pigeon, seagull, nondomesticated rodent, including tree squirrels or ground
squirrels, or to a nondomesticated mammalian predator, including coyotes, foxes, opossums, skunks, and raccoons. A
violation of this section is a misdemeanor and will result in an administrative fine of $1,000 or by imprisonment in the
County Jail for not to exceed six months, or by both such fine and imprisonment. Each separate day, or any portion
thereof, during which any violation of such ordinance occurs or continues constitutes a separate offense, and upon
conviction thereof shall be punishable as herein provided. Additional offenses will result in criminal prosecution.
Kind regards,
Gerri Whitten, CCEO
~ .. ~
CODE ENFORCEMENT
{310} 544-5299
1 3.
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www.rpvca.gov
City Hall Business Hours:
Monday-Thursday 7:30 a.m. to 5:30 p.m.,
Friday 7:30 a.m. to 4:30 p.m.
City Hall is closed daily noon to 1 p.m.
DOWNLOAD -nt:;
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COVID-19, visitors are required to wear
face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely.
If you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted
directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be
delayed. For a list of department phone numbers, visit the Staff Directory on the City website.
From: Susan Gates <lomitaloon@yahoo.com>
Sent: Monday, May 16, 2022 9:28 AM
To: CC <CC@rpvca.gov>
Subject: Peafowl trapping
I'm requesting that the peafowl trapping resume. I live off of pvde and the bronco turnoff area.The situation in this area
is the same if not worse as the resident on the south east corner of bronco and stallion feeds them daily. There are many
baby chick's and adults around that address (30 stallion) that feed daily. They are migrating further up the hill. Please
consider continuing the trapping.
Susan Gates
310 339 8369
Sent from Yahoo Mail on Android
2
Please print clearly
CODE ENFORCEMENT
Complaint Form
Complaint No. CBLD/CODE-_____ _
~~
CODE ENFORCEMENT
30940 Hawthorne Blvd. RPV CA 90275
Phone: (310)-544-5281
Email: CodeEnforcement@rpvca.gov
*Location of Violation: APN:I
'-----;;=::=================:!..-, '-~;::::::::=========:
hone#: I Property Owner Name (if known):
Address: Email '---------;::=================---=============:
Resident's Name (if known): I
Phone #:._I ________ _.IEmail:.__ _________ __,Other:._I ________ ___.
*Your information: Reporting parties information is confidential.
Name Address
Phone number:! jEmail: Date:._I _______ __,
Description of Complaint: Please be specific and print clearly OR check a box to the corresponding issue.
□Property Maintenance D Inoperable/Abandoned Vehicle D Illegal Storage Units (pods)
D Coyote Sightings □ Illegal Grading
□Work without Permit D Unsafe structure
D Illegal Short-Term Rentals
D Swale Maintenance
PERMISSION TO ACCESS RPV PROPERTY FOR INSPECTION : YEsQ No □
Nature of alleged violation: (morespacelocatedonback)
For staff use only: * Required information
Received by: _________________ Date: ______ _
Officer Assigned: _______________ Date: ______ _
Action taken: ----------------------------------
Complaint form/RPV2021
Continued:
Complaint form/RPV2021
From:
Sent:
To:
Cc:
Subject:
Good morning, Bob Allison,
Gerri Whitten
Monday, May 16, 2022 8:19 AM
a 11ison90275@yahoo.com
Megan Barnes; CC; Rudy Monroy; Ken Rukavina; Karina Banales; CityClerk
RE: Please suspend peafowl trapping
Thank you for your concerns regarding the City's 2022 Peafowl Census Report and the peafowl population.
On Tuesday, May 17, 2022, City Council will review the 2022 Peafowl Census Report to consider our recommendation to
pause the peafowl trapping program for 2022. This recommendation is based on the results of the most recent peafowl
census data which demonstrates a decrease in population by 49% since the program began in 2015. City Council will
make their decision on the outcome of the program on May 17th. For any additional questions, please feel free to
contact me directly. The following links will direct you to the staff report and how to view and/or participate in the
upcoming Council meeting.
Staff Report: https://rpv.granicus.com/MetaViewer.php?view id=S&event id=2088&meta id=l03752
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/pa rtici pate
Kind regards,
Gerri Whitten, CCEO ,,,.
~~
CODE ENFORCEMENT
{310} 544-5299
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www.rpvca.gov
City Hall Business Hours:
Monday-Thursday 7:30 a.m. to 5:30 p.m.,
Friday 7:30 a.m. to 4:30 p.m.
City Hall is closed daily noon to 1 p.m.
DOWNLOA -rtifj
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COV/0-19, visitors are required to wear
face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely.
if you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted
directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be
delayed. For a list of department phone numbers, visit the Staff Directory on the City website.
1 3
From: Bob Allison <allison90275@yahoo.com>
Sent: Sunday, May 15, 2022 7:15 PM
To: CC <CC@rpvca.gov>
Subject: Please suspend peafowl trapping
City council members,
Peafowl are a unique and beautiful part of our city. They are enjoyed by many
people. Please suspend trapping. Thanks
bob allison
6910 Larkvale drive
2
From:
Sent:
To:
Cc:
Subject:
Good morning, Whitney Feng,
Gerri Whitten
Monday, May 16, 2022 8:18 AM
whitneyfeng95@gmail.com
Megan Barnes; CC; Rudy Monroy; Ken Rukavina; Karina Banales; CityClerk
RE: Please Stop Peafowl Trapping
Thank you for your concerns regarding the City's 2022 Peafowl Census Report and the peafowl population.
On Tuesday, May 17, 2022, City Council will review the 2022 Peafowl Census Report to consider our recommendation to
pause the peafowl trapping program for 2022. This recommendation is based on the results of the most recent peafowl
census data which demonstrates a decrease in population by 49% since the program began in 2015. City Council will
make their decision on the outcome of the program on May 17th. For any additional questions, please feel free to
contact me directly. The following links will direct you to the staff report and how to view and/or participate in the
upcoming Council meeting.
Staff Report: https://rpv.granicus.com/MetaViewer.php?view id=S&event id=2088&meta id=l03752
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/pa rtici pate
Kind regards,
Gerri Whitten, CCEO
~ .. ~
CODE ENFORCEMENT
{310) 544-5299
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www.rpvca.gov
City Hall Business Hours:
Monday-Thursday 7:30 a.m. to 5:30 p.m.,
Friday 7:30 a.m. to 4:30 p.m.
City Hall is closed daily noon to 1 p.m.
DOWNLOAD -'fll:r
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COVID-19, visitors are required to wear
face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely.
if you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted
directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be
delayed. For a list of department phone numbers, visit the Staff Directory on the City website.
1 3.
From: Whitney Feng <whitneyfeng95@gmail.com>
Sent: Sunday, May 15, 2022 7:54 PM
To: CC <CC@rpvca.gov>
Subject: Please Stop Peafowl Trapping
Dear City Council members,
Please do not trap the peafowl. They are one of the things that make Palos Verdes's nature so beautiful.
Thank you very much.
Whitney Feng
51 Vfa Del Cielo
Rancho Palos Verdes, CA 90275
2
From:
Sent:
To:
Cc:
Subject:
Good morning, Valerie Berg,
Gerri Whitten
Monday, May 16, 2022 8:18 AM
theatreu ro@g mail .com
Megan Barnes; CC; Rudy Monroy; Ken Rukavina; Karina Banales; CityClerk
RE: Please PAUSE the peafowl trapping
Thank you for your concerns regarding the City's 2022 Peafowl Census Report and the peafowl population.
On Tuesday, May 17, 2022, City Council will review the 2022 Peafowl Census Report to consider our recommendation to
pause the peafowl trapping program for 2022. This recommendation is based on the results of the most recent peafowl
census data which demonstrates a decrease in population by 49% since the program began in 2015. City Council will
make their decision on the outcome of the program on May 17th. For any additional questions, please feel free to
contact me directly. The following links will direct you to the staff report and how to view and/or participate in the
upcoming Council meeting.
Staff Report: https://rpv.granicus.com/MetaViewer.php?view id=S&event id=2088&meta id=103752
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/pa rticipate
Kind regards,
Gerri Whitten, CCEO
~ .. ~
CODE ENFORCEMENT
{310} 544-5299
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www.rpvca.gov
City Hall Business Hours:
Monday-Thursday 7:30 a.m. to 5:30 p.m.,
Friday 7:30 a.m. to 4:30 p.m.
City Hall is closed daily noon to 1 p.m.
DOWNL -'ftt$r
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COVID-19, visitors are required to wear
face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely.
If you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted
directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be
delayed. For a list of department phone numbers, visit the Staff Directory on the City website.
1 3 .
From: Val B <theatreuro@gmail.com>
Sent: Sunday, May 15, 2022 10:53 PM
To: CC <CC@rpvca.gov>
Subject: Please PAUSE the peafowl trapping
Hello city council members,
I am writing to you once again, asking that you please pause the Peafowl trapping program. The population is low and
very manageable at this point.
It is time to for you to respect the wishes of many of your constituents, who have been asking you to stop trapping.
Many of us wrote in after you voted last year, imploring that you at least push the program back couple months. This
might prevent leaving tiny chicks to fend for themselves when their mother gets trapped. This request went
unanswered.
The peacocks make so many people happy and they are a beautiful symbol of the peninsula that we should be proud of.
Respectfully,
Valerie Berg
Lobrook Drive
2
From:
Sent:
To:
Cc:
Subject:
Good morning, Elaine Econom,
Gerri Whitten
Monday, May 16, 2022 8:17 AM
1amadeline4me@gmail.com
Megan Barnes; CC; Rudy Monroy; Ken Rukavina; Karina Banales; CityClerk
RE: Peacock Trapping
Thank you for your concerns regarding the City's 2022 Peafowl Census Report and the peafowl population.
On Tuesday, May 17, 2022, City Council will review the 2022 Peafowl Census Report to consider our recommendation to
pause the peafowl trapping program for 2022. This recommendation is based on the results of the most recent peafowl
census data which demonstrates a decrease in population by 49% since the program began in 2015. City Council will
make their decision on the outcome of the program on May 17th. For any additional questions, please feel free to
contact me directly. The following links will direct you to the staff report and how to view and/or participate in the
upcoming Council meeting.
Staff Report: https://rpv.granicus.com/MetaViewer.php?view id=S&event id=2088&meta id=103752
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/pa rtici pate
Kind regards,
Gerri Whitten, CCEO
~ ... ~
CODE ENFORCEMENT
{310} 544-5299
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www.rpvca.gov
City Hall Business Hours:
Monday-Thursday 7:30 a.m. to 5:30 p.m.,
Friday 7:30 a.m. to 4:30 p.m.
City Hall is closed daily noon to 1 p.m.
DOWNLOAD -?tl1r
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COVID-19, visitors are required to wear
face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely.
If you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted
directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be
delayed. For a list of department phone numbers, visit the Staff Directorv on the City website.
1 3
From: E E <larnadeline4rne@grnail.com>
Date: May 15, 2022 at 11:09:10 PM PDT
To: CC <CC@rpvca.gov>
Subject: Peacock Trapping
City Council,
I'm am writing to ask that the peacock trapping be deferred this year as the numbers are already low.
Many of us value these beautiful birds and find them a benefit of living here.
Thank you for your consideration,
Elaine Econom
2
From:
Sent:
To:
Cc:
Subject:
Good morning, Karen Cristanelli,
Gerri Whitten
Monday, May 16, 2022 8:01 AM
kcristanelli@hotmail.com
Megan Barnes; CC; Rudy Monroy; Ken Rukavina; Karina Banales; CityClerk
RE: Pea fowl trapping
Thank you for your concerns regarding the City's 2022 Peafowl Census Report and the peafowl population.
On Tuesday, May 17, 2022, City Council will review the 2022 Peafowl Census Report to consider our recommendation to
pause the peafowl trapping program for 2022. This recommendation is based on the results of the most recent peafowl
census data which demonstrates a decrease in population by 49% since the program began in 2015. City Council will
make their decision on the outcome of the program on May 17th. For any additional questions, please feel free to
contact me directly. The following links will direct you to the staff report and how to view and/or participate in the
upcoming Council meeting.
Staff Report: https://rpv.granicus.com/MetaViewer.php?view id=S&event id=2088&meta id=103752
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/pa rtici pate
Kind regards,
Gerri Whitten, CCEO
~ .. ~
CODE ENFORCEMENT
{310) 544-5299
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www.rpvca.goy
City Hall Business Hours:
Monday-Thursday 7:30 a.m. to 5:30 p.m.,
Friday 7:30 a.m. to 4:30 p.m.
City Hall is closed daily noon to 1 p.m.
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COVID-19, visitors are required to wear
face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely.
if you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted
directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be
delayed. For a list of department phone numbers, visit the Staff Directory on the City website.
1 3
From: Karen Cristanelli <kcristanelli@hotmail.com>
Date: May 15, 2022 at 2:34:21 PM PDT
To: CC <CC@rpvca.gov>
Subject: Pea fowl trapping
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
I ask to please stop the trapping of Pea Fowl as a life long resident of the peninsula.
I thank you for you time and consideration of this request.
Karen Cristanelli
Rancho Palos Verdes
Sent from my iPhone
2
From:
Sent:
To:
Cc:
Subject:
Good morning, Wije Wathugala,
Gerri Whitten
Monday, May 16, 2022 8:01 AM
wathugala@gmail.com
Megan Barnes; CC; Rudy Monroy; Ken Rukavina; Karina Banales; CityClerk
RE: Please suspend peafowl trapping
Thank you for your concerns regarding the City's 2022 Peafowl Census Report and the peafowl population.
On Tuesday, May 17, 2022, City Council will review the 2022 Peafowl Census Report to consider our recommendation to
pause the peafowl trapping program for 2022. This recommendation is based on the results of the most recent peafowl
census data which demonstrates a decrease in population by 49% since the program began in 2015. City Council will
make their decision on the outcome of the program on May 17th. For any additional questions, please feel free to
contact me directly. The following links will direct you to the staff report and how to view and/or participate in the
upcoming Council meeting.
Staff Report: https://rpv.granicus.com/MetaViewer.php?view id=S&event id=2088&meta id=103752
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/pa rtici pate
Kind regards,
Gerri Whitten, CCEO
~
41~
CODE ENFORCEMENT
(310} 544-5299
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www.rpvca.goy
City Hall Business Hours:
Monday-Thursday 7:30 a.m. to 5:30 p.m.,
Friday 7:30 a.m. to 4:30 p.m.
City Hall is closed daily noon to 1 p.m.
DOWNLOA -rti!j
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COV/0-19, visitors are required to wear
face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely.
If you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted
directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be
delayed. For a list of department phone numbers, visit the Staff Directory on the City website. s
From: Wije Wathugala <wc1Jht.Jgc1l.3@gr:n_c1jl,~Qffi>
Date: May 15, 2022 at 3:10:32 PM PDT
To: CC <CC@rpvca.gov>
Cc: "Dr. Deepa Wathugala" <dwathu@gmail.com>
Subject: Please suspend peafowl trapping
Dear City Council members,
I am writing to request that you vote to "suspend" the trapping of the peafowl. The recent census report
shows that the total number of birds is within the limit set by the City.
I enjoy having the peafowl living in my community and feel that they enhance the experience of living in
Rancho Palos Verdes. They bring a great deal of joy to many people, and the complaints of a few
residents should not override the wishes of the majority. The City has actively pursued residents to allow
the traps to be placed in their yard on the premise that: "If there is a balance, people will no longer be
willing to place traps in their yards." However, all it takes is one complaining resident to allow the
trapper to lure the birds of an entire neighborhood despite the wishes of the majority of residents.
Please discontinue taking an active role in recruiting people for trap placement.
Respectfully,
Wije Wathugala
27743 Longhi!! Drive
Rancho Palos Verdes
Ca 90275
2
From:
Sent:
To:
Gerri Whitten
Monday, May 16, 2022 8:00 AM
jandbmarino@gmail.com
Cc:
Subject:
Megan Barnes; CC; Rudy Monroy; Ken Rukavina; Karina Banales; CityClerk
RE: Suspend Peafowl Trapping Program
Good morning, Joe & Beatrice Marino,
Thank you for your concerns regarding the City's 2022 Peafowl Census Report and the peafowl population.
On Tuesday, May 17, 2022, City Council will review the 2022 Peafowl Census Report to consider our recommendation to
pause the peafowl trapping program for 2022. This recommendation is based on the results of the most recent peafowl
census data which demonstrates a decrease in population by 49% since the program began in 2015. City Council will
make their decision on the outcome of the program on May 17th. For any additional questions, please feel free to
contact me directly. The following links will direct you to the staff report and how to view and/or participate in the
upcoming Council meeting.
Staff Report: https://rpv.granicus.com/MetaViewer.php?view id=S&event id=2088&meta id=103752
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/pa rtici pate
Kind regards,
Gerri Whitten, CCEO
~ ... ~
CODE ENFORCEMENT
{310) 544-5299
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www.rpvca.gov
City Hall Business Hours:
Monday-Thursday 7:30 a.m. to 5:30 p.m.,
Friday 7:30 a.m. to 4:30 p.m.
City Hall is closed daily noon to 1 p.m.
DOWNLOAD -?'tl!i
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COV/0-19, visitors are required to wear
face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely.
If you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted
directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be
delayed. Fa, a Ust of deportment phone numbers, visit the Staff Dfr:cta,, on the City website. g
From: Joe & Bea Marino <jandbmarino@gmail.com>
Date: May 15, 2022 at 3:09:39 AM PDT
To: CC <CC@rpvca.gov>
Subject: Suspend Peafowl Trapping Program
Dear City Council Members,
We are writing to request that you vote to pause/suspend the trapping of the peafowl in RPV. The recent
census report shows that the total number ofthese beautiful ornamental birds is now safely within the limit
set by the City.
We love having the peafowl living in our community and feel that they enhance the experience and beauty of
living in Rancho Palos Verdes, making our city more unique. These beautiful birds bring a great deal of joy to
many residents, especially to children in the community. We loved seeing them in our back yard and have
missed them for some years. The complaints of some residents should not override the wishes of the
majority to currently keep peafowl in the community.
The City has actively pursued residents to allow traps to be placed in their yards on the premise that: "If there
is a balance, people will no longer be willing to place traps in their yards." However, all it takes is one
complaining resident to allow the trapper to lure, trap, and remove the birds of the entire neighborhood (as
happened in ours) despite the wishes of the majority of residents. Please do not continue to take an active
role in recruiting people for trap placement.
We urge you to vote to suspend the trapping of peafowl in RPV.
Respectfully,
Joe & Beatrice Marino
6203 Monera Dr.
Rancho Palos Verdes, CA 90275
2
From:
Sent:
To:
Cc:
Subject:
Good morning, Sue Khurts,
Gerri Whitten
Monday, May 16, 2022 7:59 AM
suekhurts888@gmail.com
Megan Barnes; CC; Rudy Monroy; Ken Rukavina; Karina Banales; CityClerk
RE: No to peacock trapping
Thank you for your concerns regarding the City's 2022 Peafowl Census Report and the peafowl population.
On Tuesday, May 17, 2022, City Council will review the 2022 Peafowl Census Report to consider our recommendation to
pause the peafowl trapping program for 2022. This recommendation is based on the results of the most recent peafowl
census data which demonstrates a decrease in population by 49% since the program began in 2015. City Council will
make their decision on the outcome of the program on May 17th. For any additional questions, please feel free to
contact me directly. The following links will direct you to the staff report and how to view and/or participate in the
upcoming Council meeting.
Staff Report: https://rpv.granicus.com/MetaViewer.php?view_id=5&event_id=2088&meta_id=103752
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/participate
Kind regards,
Gerri Whitten, CCEO
(310) 544-5299
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www.rpvca.gov
City Hall Business Hours:
Monday -Thursday 7:30 a.m. to 5:30 p.m., Friday 7:30 a.m. to 4:30 p.m.
City Hall is closed daily noon to 1 p.m.
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged,
confidential and/or protected from disclosure. The information is intended only for use of the individual or entity
named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If you received this email in error, or
are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COVID-19, visitors are
required to wear face coverings and adhere to physical distancing guidelines. Some employees are working on rotation
and may be working remotely. If you need to visit City Hall, please schedule an appointment in advance by calling the
appropriate department and follow all posted directions during your visit. Walk-ups are limited to one person at a time.
Please note that our response to your inquiry could be delayed. For a list of department phone numbers, visit the Staff
Directory on the City website.
1
-----Original Message-----
From: Sue Khurts <suekhurts888@gmail.com>
Sent: Saturday, May 14, 2022 10:43 PM
To: CC <CC@rpvca.gov>
Subject: No to peacock trapping
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
Dear City,
Please stop your discussion on trapping peacocks. They are symbol of PV Hill. They are gorgeous and attractive and
harmless! The coyotes are out of control. Please start trapping coyotes and not the peafowls.
Thank you!
Sent from my iPhone
2
From:
Sent:
To:
Cc:
Subject:
Gerri Whitten
Monday, May 16, 2022 7:58 AM
ttaghadomi@yahoo.com
Megan Barnes; CC; Rudy Monroy; Ken Rukavina; Karina Banales; CityClerk
RE: Please Suspend Peafowl Trapping
Good morning, Tahereh Taghadomi,
Thank you for your concerns regarding the City's 2022 Peafowl Census Report and the peafowl population.
On Tuesday, May 17, 2022, City Council will review the 2022 Peafowl Census Report to consider our recommendation to
pause the peafowl trapping program for 2022. This recommendation is based on the results of the most recent peafowl
census data which demonstrates a decrease in population by 49% since the program began in 2015. City Council will
make their decision on the outcome of the program on May 17th. For any additional questions, please feel free to
contact me directly. The following links will direct you to the staff report and how to view and/or participate in the
upcoming Council meeting.
Staff Report: https://rpv.granicus.com/MetaViewer.php?view id=S&event id=2088&meta id=l03752
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/pa rticipate
Kind regards,
Gerri Whitten, CCEO
~ ~~
CODE ENFORCEMENT
(310} 544-5299
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www.rpvca.gov
City Hall Business Hours:
Monday-Thursday 7:30 a.m. to 5:30 p.m.,
Friday 7:30 a.m. to 4:30 p.m.
City Hall is closed daily noon to 1 p.m.
DOWN -112:r
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COVID-19, visitors are required to wear
face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely.
If you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted
directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be
delayed. For a list of department phone numbers, visit the Staff Directorv on the City website.
1 3
From: Tahereh <ttaghadomi@yahoo.com>
Date: May 14, 2022 at 6:56:49 PM PDT
To: CC <CC@rpvca.gov>
Subject: Please Suspend Peafowl Trapping
Dear City Council members
Please stop trapping and relocating peafowl. They are a wonderful part of Palos Versus.
Thank you.
Tahereh Taghadomi
2
From:
Sent:
To:
Cc:
Subject:
Good morning, Farhad Mosht,
Gerri Whitten
Monday, May 16, 2022 7:57 AM
fmoshfeg h i@yahoo.com
Megan Barnes; CC; Rudy Monroy; Ken Rukavina; Karina Banales; CityClerk
RE: Trapping and relocating birds
Thank you for your concerns regarding the City's 2022 Peafowl Census Report and the peafowl population.
On Tuesday, May 17, 2022, City Council will review the 2022 Peafowl Census Report to consider our recommendation to
pause the peafowl trapping program for 2022. This recommendation is based on the results of the most recent peafowl
census data which demonstrates a decrease in population by 49% since the program began in 2015. City Council will
make their decision on the outcome of the program on May 17th. For any additional questions, please feel free to
contact me directly. The following links will direct you to the staff report and how to view and/or participate in the
upcoming Council meeting.
Staff Report: https://rpv.granicus.com/MetaViewer.php?view id=S&event id=2088&meta id=103752
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/pa rtici pate
Kind regards,
Gerri Whitten, CCEO
~ ... ~
CODE ENFORCEMENT
{310) 544-5299
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www.rpvca.gov'.
City Hall Business Hours:
Monday-Thursday 7:30 a.m. to 5:30 p.m.,
Friday 7:30 a.m. to 4:30 p.m.
City Hall is closed daily noon to 1 p. m.
DOWNl -'ltl:,
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COVID-19, visitors are required to wear
face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely.
If you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted
directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be
delayed. For a list of department phone numbers, visit the Staff Directory on the City website.
1 3
From: Farhad Moshfeghi <fmoshfeghi@yahoo.com>
Date: May 14, 2022 at 6:45:04 PM PDT
To: CC <CC@rpvca.gov>
Subject: Trapping and relocating birds
Dear City Council members,
Please do not trap and relocate any more peafowl. They are such a beautiful part of Palos Verdes
Respectfully
Farhad Mosht
Sent from my iPhone
2
From:
Sent:
To:
Cc:
Subject:
Good morning, Lisa Levine,
Gerri Whitten
Monday, May 16, 2022 7:56 AM
lisalevine2@icloud.com
Megan Barnes; CC; Rudy Monroy; Ken Rukavina; Karina Banales; CityClerk
RE: please suspend peafowl trapping
Thank you for your concerns regarding the City's 2022 Peafowl Census Report and the peafowl population.
On Tuesday, May 17, 2022, City Council will review the 2022 Peafowl Census Report to consider our recommendation to
pause the peafowl trapping program for 2022. This recommendation is based on the results of the most recent peafowl
census data which demonstrates a decrease in population by 49% since the program began in 2015. City Council will
make their decision on the outcome of the program on May 17th. For any additional questions, please feel free to
contact me directly. The following links will direct you to the staff report and how to view and/or participate in the
upcoming Council meeting.
Staff Report: https://rpv.granicus.com/MetaViewer.php?view id=S&event id=2088&meta id=103752
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/pa rtici pate
Kind regards,
Gerri Whitten, CCEO
~ ... ~
CODE ENFORCEMENT
{310) 544-5299
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www.rpvca.gov
City Hall Business Hours:
Monday-Thursday 7:30 a.m. to 5:30 p.m.,
Friday 7:30 a.m. to 4:30 p.m.
City Hall is closed daily noon to 1 p.m.
DOWN
'Hl:r
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COV/0-19, visitors are required to wear
face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely.
if you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted
directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be
delayed. For a list of department phone numbers, visit the Staff Directory on the City website.
1 3.
From: Lisa Levine <lisalevine2@icloud.com>
Date: May 14, 2022 at 4:46:15 PM PDT
To: CC <CC@rpvca.gov>
Subject: please suspend peafowl trapping
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
Dear City Council members,
Please, please do not trap and re-locate any more peafowl. They are such a beautiful part of Palos
Verdes and add charm and whimsy to our little community.
I remember racing home from Miraleste Elementary with my brother to see if any feathers had dropped
that we could collect and bring to our mom.
I remember coming home one day and a peacock, with a 6' train, had entered our wide open kitchen
door and stood sentry on our kitchen counter! My dad had to gently shoo him back outside with a
broom.
I remember hand feeding them and marveling at the intricate feathers when seen up close.
My family loves the peacocks and it would be a great gift if people could see them for the beautiful
creatures they are.
Thank you very much.
Lisa Levine
1 Via Del Cielo
Rancho Palos Verdes
2
From:
Sent:
To:
Cc:
Subject:
Good morning, Rebecca Haeri,
Gerri Whitten
Monday, May 16, 2022 7:52 AM
rebecca.haeri@gmail.com
Megan Barnes; CC; Rudy Monroy; Ken Rukavina; Karina Banales; CityClerk
RE: Stop Peafowl Trapping
Thank you for your concerns regarding the City's 2022 Peafowl Census Report and the peafowl population.
On Tuesday, May 17, 2022, City Council will review the 2022 Peafowl Census Report to consider our recommendation to
pause the peafowl trapping program for 2022. This recommendation is based on the results of the most recent peafowl
census data which demonstrates a decrease in population by 49% since the program began in 2015. City Council will
make their decision on the outcome of the program on May 17th. For any additional questions, please feel free to
contact me directly. The following links will direct you to the staff report and how to view and/or participate in the
upcoming Council meeting.
Staff Report: https://rpv.granicus.com/MetaViewer.php?view id=S&event id=2088&meta id=103752
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/pa rticipate
Kind regards,
Gerri Whitten, CCEO
~ ... ~
CODE ENFORCEMENT
{310} 544-5299
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www.rpvca.go_y
City Hall Business Hours:
Monday-Thursday 7:30 a.m. to 5:30 p.m.,
Friday 7:30 a.m. to 4:30 p.m.
City Hall is closed daily noon to 1 p.m.
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COV/0-19, visitors are required to wear
face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely.
If you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted
directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be
delayed. For a list of department phone numbers, visit the Staff Directory on the City website.
1 3.
From: Rebecca Haeri <rebecca.haeri@gmail.com>
Date: May 14, 2022 at 2:12:41 PM PDT
To: CC <CC@rpvca.gov>
Subject: Stop Peafowl Trapping
Dear City Council Members,
I understand at this Tuesday's city council meeting you will be discussing the continuation of peafowl
trapping for the year ahead. As a resident of RPV I strongly urge you to suspend trapping. Since last
year's trapping activities, I have hardly seen any peacocks or peahens in our city and I'm afraid if
trapping continues, that they will soon disappear altogether.
My children and I enjoy living around the peacocks -it is one of the things that I found most interesting
and unique about RPV when I first came here more than 20 years ago. The peafowl have been here long
before most of the residents that complain about them. They bring joy to many people and are a large
part of what makes our community so special -we even have peacocks on all our city signage ! Please
consider the wishes of the majority of residents who cohabitate peacefully with these beautiful
creatures over the complaints of a vocal few. If we continue to trap and relocate these animals we will
soon lose them as part of our city altogether which I personally believe would be a devastating
outcome.
In addition, I feel that trapping is a cruel practice, sending these birds to other places without guarantee
that they will be properly cared for or kept in suitable environments. And I was heartbroken to read
several posts on NextDoor last year regarding peahens that were separated from their babies through
trapping, which is just cruel and inhumane.
Again, please suspend trapping and allowing citizens to trap these protected birds that make RPV such a
special place to live.
Thank you for your consideration,
Rebecca Haeri
RPV Resident
2
From:
Sent:
To:
Gerri Whitten
Monday, May 16, 2022 7:51 AM
anasuarez2005@hotmail.com
Cc:
Subject:
Megan Barnes; CC; Rudy Monroy; Ken Rukavina; Karina Banales; CityClerk
RE: Peafoul
Good morning, Ana Suarez,
Thank you for your concerns regarding the City's 2022 Peafowl Census Report and the peafowl population.
On Tuesday, May 17, 2022, City Council will review the 2022 Peafowl Census Report to consider our recommendation to
pause the peafowl trapping program for 2022. This recommendation is based on the results of the most recent peafowl
census data which demonstrates a decrease in population by 49% since the program began in 2015. City Council will
make their decision on the outcome of the program on May 17th. For any additional questions, please feel free to
contact me directly. The following links will direct you to the staff report and how to view and/or participate in the
upcoming Council meeting.
Staff Report: https://rpv.granicus.com/MetaViewer.php?view id=S&event id=2088&meta id=103752
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/participate
Report Coyote Sightings: https://www.rpvca.gov/1114/Report-Coyote-Sightings
Kind regards,
Gerri Whitten, CCEO
~ .. ~
CODE ENFORCEMENT
(310) 544-5299
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www.rpvca.gov
City Hall Business Hours:
Monday-Thursday 7:30 a.m. to 5:30 p.m.,
Friday 7:30 a.m. to 4:30 p.m.
City Hall is closed daily noon to 1 p.m.
DOWNLOAD -'fft7r
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COV/0-19, visitors are required to wear
face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely.
if you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted
directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be
delayed. For a J;st af department phone numbers, ,/sit the Staff Dlr:ctory on the City website. 3 .
From: Ana Suarez <anasuarez2005@hotmail.com>
Date: May 14, 2022 at 1:54:24 PM PDT
To: CC <CC@rpvca.gov>
SubjP.r.t: PP.~foul
I live in Palos Verde Peninsula, on Crenshaw and PV Drive North. I want to go on record as OPPOSING
the trapping and killing or our beautiful peacocks ad peafoul that make our peninsula unique.
Trap the coyotes who are killing our pets, but please leave the peafoul alone.
Thank you
Ana Suarez
4106 Rousseau Lane
Palos Verdes Pnsla, CA
Sent from Mail for Windows
2
From:
Sent:
To:
Cc:
Subject:
Gerri Whitten
Monday, May 16, 2022 7:49 AM
mil1ers544@icloud.com
Megan Barnes; CC; Rudy Monroy; Ken Rukavina; Karina Banales; CityClerk
RE: Suspend Peafowl Trapping
Good morning, Cindy & Lawrence Miller,
Thank you for your concerns regarding the City's 2022 Peafowl Census Report and the peafowl population.
On Tuesday, May 17, 2022, City Council will review the 2022 Peafowl Census Report to consider our recommendation to
pause the peafowl trapping program for 2022. This recommendation is based on the results of the most recent peafowl
census data which demonstrates a decrease in population by 49% since the program began in 2015. City Council will
make their decision on the outcome of the program on May 17th. For any additional questions, please feel free to
contact me directly. The following links will direct you to the staff report and how to view and/or participate in the
upcoming Council meeting.
Staff Report: https://rpv.granicus.com/MetaViewer.php?view id=S&event id=2088&meta id=103752
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/participate
Kind regards,
Gerri Whitten, CCEO
4!fl>. ... ~
CODE ENFORCEMENT
{310) 544-5299
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www.rpvca.gov
City Hall Business Hours:
Monday-Thursday 7:30 a.m. to 5:30 p.m.,
Friday 7:30 a.m. to 4:30 p.m.
City Hall is closed daily noon to 1 p.m.
DOWN D -11l:;
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COV/0-19, visitors are required to wear
face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely.
if you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted
directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be
delayed. For a list of department phone numbers, visit the Staff Directory on the City website.
1 3.
From: Cindy Miller <millers544@icloud.com>
Date: May 14, 2022 at 9:55:44 AM PDT
To: CC <CC@rpvca.gov>
Subject: Suspend Peafowl Trapping
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
Dear City Council Members
We are writing to request that you vote to suspend the trapping of the peafowl.
The recent census report shows that the total number of birds is within the limit set by the City. We
enjoy having the peafowl living in our community and feel that they enhance the experience of living in
Rancho Palos Verdes. They bring a great deal of joy to many people, and the complaints of a few
residents should not override the wishes of the majority.
The City has actively pursued residents to allow the traps to be placed in their yard on the premise that:
"If there is a balance, people will no longer be willing to place traps in their yards."
However, all it takes is one complaining resident to allow the trapper to lure the birds of an entire
neighborhood despite the wishes of the majority of residents. Please discontinue taking an active role in
recruiting people for trap placement.
Respectfully,
Cindy L. Miller
Lawrence F. Miller
57 Via Malena
Rancho Palos Verdes
Sent from my iPad
2
From:
Sent:
To:
Cc:
Subject:
Good morning, Dr. Nooshin Aghili,
Gerri Whitten
Monday, May 16, 2022 7:48 AM
nooshinaghili@gmail.com
Megan Barnes; CC; Rudy Monroy; Ken Rukavina; Karina Banales; CityClerk
RE: Suspend peafowl removal
Thank you for your concerns regarding the City's 2022 Peafowl Census Report and the peafowl population.
On Tuesday, May 17, 2022, City Council will review the 2022 Peafowl Census Report to consider our recommendation to
pause the peafowl trapping program for 2022. This recommendation is based on the results of the most recent peafowl
census data which demonstrates a decrease in population by 49% since the program began in 2015. City Council will
make their decision on the outcome of the program on May 17th. For any additional questions, please feel free to
contact me directly. The following links will direct you to the staff report and how to view and/or participate in the
upcoming Council meeting.
Staff Report: https://rpv.granicus.com/MetaViewer.php?view id=S&event id=2088&meta id=103752
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/pa rticipate
Kind regards,
Gerri Whitten, CCEO
~ ~~
CODE ENFORCEMENT
(310} 544-5299
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www.rpvca.gov
City Hall Business Hours:
Monday-Thursday 7:30 a.m. to 5:30 p.m.,
Friday 7:30 a.m. to 4:30 p.m.
City Hall is closed daily noon to 1 p.m.
DOWNLOAD -1tl~
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COVID-19, visitors are required to wear
face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely.
If you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted
directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be
delayed. For a list of department phone numbers, visit the Staff Directory on the City website.
1 S.
From: Nooshin Aghili <nooshinaghili@gmail.com>
Date: May 13, 2022 at 9:33:36 PM PDT
To: CC <CC@rpvca.gov>
Subject: Suspend peafowl removal
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
Hi
Please suspend any further removal of peafowl. These magnificent birds are one of the best things
about this area. We love them and hate their trapping and removal.
I live and work in the area.
home address:
6749 El Rodeo
RPV, CA 90275
Dr. Nooshin Aghili
Sent from my iPhone
2
From:
Sent:
To:
Cc:
Subject:
Good morning, Andrea Morose,
Gerri Whitten
Monday, May 16, 2022 7:47 AM
captainosmo@icloud.com
Megan Barnes; CC; Rudy Monroy; Ken Rukavina; Karina Banales; CityClerk
RE: SUSPEND PEAFOWL TRAPPING!
Thank you for your concerns regarding the City's 2022 Peafowl Census Report and the peafowl population.
On Tuesday, May 17, 2022, City Council will review the 2022 Peafowl Census Report to consider our recommendation to
pause the peafowl trapping program for 2022. This recommendation is based on the results of the most recent peafowl
census data which demonstrates a decrease in population by 49% since the program began in 2015. City Council will
make their decision on the outcome of the program on May 17th. For any additional questions, please feel free to
contact me directly. The following links will direct you to the staff report and how to view and/or participate in the
upcoming Council meeting.
Staff Report: https://rpv.granicus.com/MetaViewer.php?view id=S&event id=2088&meta id=103752
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/pa rticipate
Kind regards,
Gerri Whitten, CCEO
~ ... ~
CODE ENFORCEMENT
{310) 544-5299
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www.rpvca.gov
City Hall Business Hours:
Monday-Thursday 7:30 a.m. to 5:30 p.m.,
Friday 7:30 a.m. to 4:30 p.m.
City Hall is closed daily noon to 1 p.m.
DOWNLOAD -'ht:,
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COV/0-19, visitors are required to wear
face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely.
If you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted
directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be
delayed. For a list of department phone numbers, visit the Staff Directory on the City website.
1 8.
From: Andrea Morose <captainosmo@icloud.com>
Date: May 13, 2022 at 9:05:24 PM PDT
To: CC <CC@rpvca.gov>
Subject: SUSPEND PEAFOWL TRAPPING!
Dear City Council members, I am writing to request that you vote to "suspend" the trapping
of the peafowl. The recent census report shows that the total number of birds is within the
limit set by the City. I enjoy having the peafowl living in my community and feel that they
enhance the experience of living in Rancho Palos Verdes. They bring a great deal of joy to
many people, and the complaints of a few residents should not override the wishes of the
majority. The City has actively pursued residents to allow the traps to be placed in their yard
on the premise that: "If there is a balance, people will no longer be willing to place traps in
their yards." However, all it takes is one complaining resident to allow the trapper to lure the
birds of an entire neighborhood despite the wishes of the majority of residents. Please
discontinue taking an active role in recruiting people for trap placement. Respectfully,
Andrea Moroso
9 Via Granada
Rolling Hills Estates
90274
Sent from my iPhone
2
From:
Sent:
To:
Cc:
Subject:
Good morning, Kevin Yuan,
Gerri Whitten
Monday, May 16, 2022 7:44 AM
kevin.yuan317@gmail.com
Megan Barnes; CC; Rudy Monroy; Ken Rukavina; Karina Banales; CityClerk
RE: Suspend peafowl trapping
Thank you for your concerns regarding the City's 2022 Peafowl Census Report and the peafowl population.
On Tuesday, May 17, 2022, City Council will review the 2022 Peafowl Census Report to consider our recommendation to
pause the peafowl trapping program for 2022. This recommendation is based on the results of the most recent peafowl
census data which demonstrates a decrease in population by 49% since the program began in 2015. City Council will
make their decision on the outcome of the program on May 17th. For any additional questions, please feel free to
contact me directly. The following links will direct you to the staff report and how to view and/or participate in the
upcoming Council meeting.
Staff Report: https://rpv.granicus.com/MetaViewer.php?view id=S&event id=2088&meta id=103752
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/pa rtici pate
Kind regards,
Gerri Whitten, CCEO
~ .. ~
CODE ENFORCEMENT
(310) 544-5299
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www.rpvca.gov
City Hall Business Hours:
Monday-Thursday 7:30 a.m. to 5:30 p.m.,
Friday 7:30 a.m. to 4:30 p.m.
City Hall is closed daily noon to 1 p.m.
DOWNLOAD -'fll:r
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COV/0-19, visitors are required to wear
face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely.
if you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted
directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be
delayed. For a list of department phone numbers, visit the Staff Directory on the City website.
1 3
From: kevin yuan <kevin.yuan317@gmail.com>
Date: May 13, 2022 at 7:27:02 PM PDT
To: CC <CC@rpvca.gov>
Subject: Suspend peafowl trapping
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
Dear City Council members,
We are writing to request that you vote to "suspend" the trapping of the peafowl.
The recent census report shows that the total number of birds is within the limit set by the City. We
enjoy having the peafowl living in our community and feel that they enhance the experience of living in
Rancho Palos Verdes. They bring a great deal of joy to many people, and the complaints of a few
residents should not override the wishes of the majority.
The City has actively pursued residents to allow the traps to be placed in their yard on the premise that:
"If there is a balance, people will no longer be willing to place traps in their yards." However, all it takes
is one complaining resident to allow the trapper to lure the birds of an entire neighborhood despite the
wishes of the majority of residents. Please discontinue taking an active role in recruiting people for trap
placement.
Respectfully,
Kevin Yuan
27110 Fond Du Lac Rd
RPV, CA 90275
2
From:
Sent:
To:
Cc:
Subject:
Good morning, Gauri Rao,
Gerri Whitten
Monday, May 16, 2022 7:43 AM
gaurinrao4@gmail.com
Megan Barnes; CC; Rudy Monroy; Ken Rukavina; Karina Banales; CityClerk
RE: Suspend Trapping of the Peafowl
Thank you for your concerns regarding the City's 2022 Peafowl Census Report and the peafowl population.
On Tuesday, May 17, 2022, City Council will review the 2022 Peafowl Census Report to consider our recommendation to
pause the peafowl trapping program for 2022. This recommendation is based on the results of the most recent peafowl
census data which demonstrates a decrease in population by 49% since the program began in 2015. City Council will
make their decision on the outcome of the program on May 17th. For any additional questions, please feel free to
contact me directly. The following links will direct you to the staff report and how to view and/or participate in the
upcoming Council meeting.
Staff Report: https://rpv.granicus.com/MetaViewer.php?view id=S&event id=2088&meta id=103752
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/participate
Kind regards,
Gerri Whitten, CCEO
~ .. ~
CODE ENFORCEMENT
{310} 544-5299
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www.rpvca.gov
City Hall Business Hours:
Monday-Thursday 7:30 a.m. to 5:30 p.m.,
Friday 7:30 a.m. to 4:30 p.m.
City Hall is closed daily noon to 1 p.m.
DOWNLOAD nz~
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COVID-19, visitors are required to wear
face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely.
if you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted
directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be
delayed. For a list of department phone numbers, visit the Staff Directory on the City website.
1 3
From: GAURI RAO <gaurinrao4@gmail.com>
Date: May 13, 2022 at 6:10:32 PM PDT
To: CC <CC@rpvca.gov>
Subject: Suspend Trapping of the Peafowl
Dear City Council members, I am writing to request that you vote to "suspend" the trapping of
the peafowl. The recent census report shows that the total number of birds is within the limit
set by the City. I enjoy having the peafowl living in my community and feel that they enhance
the experience of living in Rancho Palos Verdes and the rest of the hill. They bring a great deal
of joy to many people, and the complaints of a few residents should not override the wishes of
the majority. The City has actively pursued residents to allow the traps to be placed in their
yard on the premise that: "If there is a balance, people will no longer be willing to place traps in
their yards." However, all it takes is one complaining resident to allow the trapper to lure the
birds of an entire neighborhood despite the wishes of the majority of residents. Please
discontinue taking an active role in recruiting people for trap placement. Respectfully, Gauri
Rao Stonecrest Road
CA. 90275
2
From:
Sent:
To:
Cc:
Subject:
Gerri Whitten
Monday, May 16, 2022 7:41 AM
heathernbowman@gmail.com
Megan Barnes; CC; Rudy Monroy; Ken Rukavina; Karina Banales; CityClerk
RE: Suspend Peafowl Trapping
Good afternoon, Heather Bowman,
Thank you for your concerns regarding the City's 2022 Peafowl Census Report and the peafowl population.
On Tuesday, May 17, 2022, City Council will review the 2022 Peafowl Census Report to consider our recommendation to
pause the peafowl trapping program for 2022. This recommendation is based on the results of the most recent peafowl
census data which demonstrates a decrease in population by 49% since the program began in 2015. City Council will
make their decision on the outcome of the program on May 17th. For any additional questions, please feel free to
contact me directly. The following links will direct you to the staff report and how to view and/or participate in the
upcoming Council meeting.
Staff Report: https://rpv.granicus.com/MetaViewer.php?view id=S&event id=2088&meta id=103752
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/pa rticipate
Kind regards,
Gerri Whitten, CCEO
~ ... ~
CODE ENFORCEMENT
(310) 544-5299
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www.rpvca.gov
City Hall Business Hours:
Monday-Thursday 7:30 a.m. to 5:30 p.m.,
Friday 7:30 a.m. to 4:30 p.m.
City Hall is closed daily noon to 1 p.m.
DOWNLOAD -'hl:r
► '•""""'tePlay
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COV/0-19, visitors are required to wear
face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely.
if you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted
directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be
delayed. For a list of department phone numbers, visit the Staff Directory on the City website.
1 3
From: Gmail <heathernbowman@gmail.com>
Date: May 13, 2022 at 6:57:54 PM PDT
To: CC <CC@rpvca.gov>
Subject: Suspend Peafowl Trapping
Dear City Council members,
We are writing to request that you vote to "suspend" the trapping of the peafowl.
The recent census report shows that the total number of birds is within the limit set by the City. We
enjoy having the peafowl living in our community and feel that they enhance the experience of living in
Rancho Palos Verdes. They bring a great deal of joy to many people, and the complaints of a few
residents should not override the wishes of the majority.
The City has actively pursued residents to allow the traps to be placed in their yard on the premise that:
"If there is a balance, people will no longer be willing to place traps in their yards." However, all it takes
is one complaining resident to allow the trapper to lure the birds of an entire neighborhood despite the
wishes of the majority of residents. Please discontinue taking an active role in recruiting people for trap
placement.
Respectfully,
Heather Bowman
27110 Fond Du Lac Rd
RPV, CA 90275
2
From:
Sent:
To:
Cc:
Subject:
Gerri Whitten
Monday, May 16, 2022 7:40 AM
m_moshfeghi@yahoo.com
Megan Barnes; CC; Rudy Monroy; Ken Rukavina; Karina Banales; CityClerk
RE: No to Trapping Peacocks
Good afternoon, Mehran Moshfeghi and Maryam Rofougaran,
Thank you for your concerns regarding the City's 2022 Peafowl Census Report and the peafowl population.
On Tuesday, May 17, 2022, City Council will review the 2022 Peafowl Census Report to consider our recommendation to
pause the peafowl trapping program for 2022. This recommendation is based on the results of the most recent peafowl
census data which demonstrates a decrease in population by 49% since the program began in 2015. City Council will
make their decision on the outcome of the program on May 17th. For any additional questions, please feel free to
contact me directly. The following links will direct you to the staff report and how to view and/or participate in the
upcoming Council meeting.
Staff Report: https://rpv.granicus.com/MetaViewer.php?view id=S&event id=2088&meta id=103752
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/pa rtici pate
Kind regards,
Gerri Whitten, CCEO
~ ... ~
CODE ENFORCEMENT
{310} 544-5299
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www.rpvca.gov
City Hall Business Hours:
Monday-Thursday 7:30 a.m. to 5:30 p.m.,
Friday 7:30 a.m. to 4:30 p.m.
City Hall is closed daily noon to 1 p.m.
DOWNLOA -nt:r
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COV/0-19, visitors are required to wear
face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely.
If you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted
directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be
delayed. For a list of department phone numbers, visit the Staff Directory on the City website.
1 8
From: Mehran Moshfeghi <m moshfeghi@yahoo.com>
Date: May 13, 2022 at 6:25:21 PM PDT
To: CC <CC@rpvca.gov>
Subject: No to Trapping Peacocks
Reply-To: Mehran Moshfeghi <m moshfeghi@yahoo.com>
Dear City Council members,
We are writing to request that you vote to "suspend" the trapping of the peafowl.
The recent census report shows that the total number of birds is within the limit set by the City.
We enjoy having the peafowl living in our community and feel that they enhance the experience
of living in Rancho Palos Verdes. They bring a great deal of joy to many people, and the
complaints of a few residents should not override the wishes of the majority.
The City has actively pursued residents to allow the traps to be placed in their yard on the
premise that: "If there is a balance, people will no longer be willing to place traps in their
yards." However, all it takes is one complaining resident to allow the trapper to lure
the birds of an entire neighborhood despite the wishes of the majority of
residents. Please discontinue taking an active role in recruiting people for trap
placement.
Respectfully,
Mehran Moshfeghi and Maryam Rofougaran
67 Marguerite Dr, RPV
310-804-9808
2
From:
Sent:
To:
Gerri Whitten
Monday, May 16, 2022 7:39 AM
bil1patton21@icloud.com
Cc:
Subject:
Megan Barnes; CC; Rudy Monroy; Ken Rukavina; Karina Banales; CityClerk
RE: No to Trapping Peacocks
Good morning, Bill & Sandy Patton,
Thank you for your concerns regarding the City's 2022 Peafowl Census Report and the peafowl population.
On Tuesday, May 17, 2022, City Council will review the 2022 Peafowl Census Report to consider our recommendation to
pause the peafowl trapping program for 2022. This recommendation is based on the results of the most recent peafowl
census data which demonstrates a decrease in population by 49% since the program began in 2015. City Council will
make their decision on the outcome of the program on May 17th. For any additional questions, please feel free to
contact me directly. The following links will direct you to the staff report and how to view and/or participate in the
upcoming Council meeting.
Staff Report: https://rpv.granicus.com/MetaViewer.php?view id=S&event id=2088&meta id=103752
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/pa rticipate
Kind regards
Gerri Whitten, CCEO
~ ... ~
CODE ENFORCEMENT
(310) 544-5299
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www.rpvca.gov
City Hall Business Hours:
Monday-Thursday 7:30 a.m. to 5:30 p.m.,
Friday 7:30 a.m. to 4:30 p.m.
City Hall is closed daily noon to 1 p.m.
DOWNLOAD -?tt:r
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COVID-19, visitors are required to wear
face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely.
If you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted
directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be
delayed. Foe a J;st of department phone numbm, v;,Jt the Staff o;,;ctocy on the Oty websUe. 3
.
From: William Patton <billpatton21@icloud.com>
Date: May 13, 2022 at 6:20:14 PM PDT
To: CC <CC@rpvca.gov>
Subject: No to Trapping Peacocks
Dear City Council members,
We are writing to request that you vote to "suspend" the trapping of the peafowl.
The recent census report shows that the total number of birds is within the limit set by the City.
We enjoy having the peafowl living in our community and feel that they enhance the experience
of living in Rancho Palos Verdes.
They bring a great deal of joy to many people, and the complaints of a few residents should not
override the wishes of the majority.
The City has actively pursued residents to allow the traps to be placed in their yard on the
premise that: "If there is a balance, people will no longer be willing to place traps in their
yards."
However, all it takes is one complaining resident to allow the trapper to lure the birds of an entire
neighborhood despite the wishes of the majority of residents.
Please discontinue taking an active role in recruiting people for trap placement.
Respectfully,
Bill & Sandy Patton
71 Marguerite Dr
310-480-5130
2
From:
Sent:
To:
Cc:
Subject:
Good morning, Jacqueline,
Gerri Whitten
Monday, May 16, 2022 7:37 AM
jackie.collins@cox.net
Megan Barnes; CC; Rudy Monroy; Ken Rukavina; Karina Banales; CityClerk
RE: Peacocks
Thank you for your concerns regarding the City's 2022 Peafowl Census Report and the peafowl population.
On Tuesday, May 17, 2022, City Council will review the 2022 Peafowl Census Report to consider our recommendation to
pause the peafowl trapping program for 2022. This recommendation is based on the results of the most recent peafowl
census data which demonstrates a decrease in population by 49% since the program began in 2015. City Council will
make their decision on the outcome of the program on May 17th. For any additional questions, please feel free to
contact me directly. The following links will direct you to the staff report and how to view and/or participate in the
upcoming Council meeting.
Staff Report: https://rpv.granicus.com/MetaViewer.php?view id=S&event id=2088&meta id=103752
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/pa rtici pate
Kind regards,
Gerri Whitten, CCEO
~ ... ~
CODE ENFORCEMENT
{310) 544-5299
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www.rpvca.gov
City Hall Business Hours:
Monday-Thursday 7:30 a.m. to 5:30 p.m.,
Friday 7:30 a.m. to 4:30 p.m.
City Hall is closed daily noon to 1 p.m.
DOWNLOAD -?tt:r
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COV/0-19, visitors are required to wear
face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely.
If you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted
directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be
delayed. For a list of department phone numbers, visit the Staff Directory on the City website.
1 3
From: Jackie Collins <jackie.collins@cox.net>
Sent: Friday, May 13, 2022 4:33 PM
To: CC <CC@rpvca.gov>
Subject: Peacocks
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
Dear City Council Members:
I have lived in Palos Verdes most of my life and have always enjoyed the beauty of our wild peacocks. I am a home
owner in Rancho Palos Verdes and want to let you know that I am AGAINST the trapping of the peacocks. They are one
of the things that make the peninsula interesting and beautiful.
Sincerely,
Jacqueline Collins
RPV Homeowner
310-809-3869
Sent from my iPhone
2
From:
Sent:
To:
Cc:
Subject:
Good afternoon, Diana Crossman,
Gerri Whitten
Friday, May 13, 2022 12:28 PM
crossmandiana@icloud.com
Megan Barnes; CC; Rudy Monroy; Ken Rukavina; Karina Banales; CityClerk
RE: Peafowl
Thank you for your concerns regarding the City's 2022 Peafowl Census Report and the peafowl population.
On Tuesday, May 17, 2022, City Council will review the 2022 Peafowl Census Report to consider our recommendation to
pause the peafowl trapping program for 2022. This recommendation is based on the results of the most recent peafowl
census data which demonstrates a decrease in population by 49% since the program began in 2015. City Council will
make their decision on the outcome of the program on May 17th. For any additional questions, please feel free to
contact me directly. The following links will direct you to the staff report and how to view and/or participate in the
upcoming Council meeting.
Staff Report: https://rpv.granicus.com/MetaViewer.php?view id=S&event id=2088&meta id=103752
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/pa rticipate
Kind regards,
Gerri Whitten, CCEO
~ ... ~
CODE ENFORCEMENT
{310) 544-5299
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www .rpvca.gov
City Hall Business Hours:
Monday-Thursday 7:30 a.m. to 5:30 p.m.,
Friday 7:30 a.m. to 4:30 p.m.
City Hall is closed daily noon to 1 p.m.
DOWNLOAD -'fll:;
►~Play
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COV/0-19, visitors are required to wear
face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely.
if you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted
directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be
delayed. For a list of department phone numbers, visit the Staff Directory on the City website.
1 3
From: Diana Crossman <crossmandiana@icloud.com>
Date: May 13, 2022 at 11:39:51 AM PDT
To: CC <CC@rpvca.gov>
Subject: Peafowl
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
Please stop the trapping! We love them and enough is enough.
Diana Crossman
Sent from my iPhone
2
From:
Sent:
To:
Gerri Whitten
Friday, May 13, 2022 12:27 PM
dachel42@aol.com
Cc:
Subject:
Megan Barnes; CC; Rudy Monroy; Ken Rukavina; Karina Banales; CityClerk
RE: Peafowl
Good afternoon, Penny Bunnell,
Thank you for your concerns regarding the City's 2022 Peafowl Census Report and the peafowl population.
On Tuesday, May 17, 2022, City Council will review the 2022 Peafowl Census Report to consider our recommendation to
pause the peafowl trapping program for 2022. This recommendation is based on the results of the most recent peafowl
census data which demonstrates a decrease in population by 49% since the program began in 2015. City Council will
make their decision on the outcome of the program on May 17th. For any additional questions, please feel free to
contact me directly. The following links will direct you to the staff report and how to view and/or participate in the
upcoming Council meeting.
I have included a link to the City's Coyote page for review which includes the latest information regarding Coyotes in RPV
including the recently released Coyote Bulletin and the Wildlife Watch Forum held on April 27 th . It's important to clarify
that coyotes do not attack or eat Peafowl.
Staff Report: https://rpv.granicus.com/MetaViewer.php?view id=S&event id=2088&meta id=103752
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/pa rticipate
More info on Coyotes: https://www.rpvca.gov/335/Coyotes
Kind regards,
Gerri Whitten, CCEO
~
..... ~
CODE ENFORCEMENT
{310} 544-5299
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www.rpvca.gov
City Hall Business Hours:
Monday-Thursday 7:30 a.m. to 5:30 p.m.,
Friday 7:30 a.m. to 4:30 p.m.
City Hall is closed daily noon to 1 p.m.
DOWNLOA
'hl!{
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COV/0-19, visitors are required to wear
face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely.
1 8
If you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted
directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be
delayed. For a list of department phone numbers, visit the Staff Directory on the City website.
From: PENNY BUNNELL <dachel42@aol.com>
Date: May 13, 2022 at 9:12:49 AM PDT
To: CC <CC@rpvca.gov>
Subject: Peafowl
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
Hello I live in Portuguese Bend and am against any trapping of the Peafowl. Many have been taken by
coyotes, hit by cars and killed by some neighbors. I love these birds and enjoy the heritage we have on
the Peninsula and even the books written locally of these beautiful birds. Please do not trap and remove
them we love them.
Sincerely, Penny Bunnell
Sent from my iPhone
2
From:
Sent:
To:
Cc:
Subject:
Good morning, Stuart Friedland,
Gerri Whitten
Friday, May 13, 2022 9:50 AM
stuart_friedland@yahoo.com
Megan Barnes; CC; Rudy Monroy; Ken Rukavina; Karina Banales; CityClerk
RE: Pause the Peafowl Culling
Thank you for your concerns regarding the City's 2022 Peafowl Census Report and the peafowl population.
On Tuesday, May 17, 2022, City Council will review the 2022 Peafowl Census Report to consider our recommendation to
pause the peafowl trapping program for 2022. This recommendation is based on the results of the most recent peafowl
census data which demonstrates a decrease in population by 49% since the program began in 2015. City Council will
make their decision on the outcome of the program on May 17th. For any additional questions, please feel free to
contact me directly. The following links will direct you to the staff report and how to view and/or participate in the
upcoming Council meeting.
Staff Report: https://rpv.granicus.com/MetaViewer.php?view id=S&event id=2088&meta id=103752
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/pa rticipate
Kind regards,
Gerri Whitten, CCEO
~ ... ~
CODE ENFORCEMENT
{310) 544-5299
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www.rpvca.gov
City Hall Business Hours:
Monday-Thursday 7:30 a.m. to 5:30 p.m.,
Friday 7:30 a.m. to 4:30 p.m.
City Hall is closed daily noon to 1 p.m.
DOWN -rll:r
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COV/0-19, visitors are required to wear
face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely.
if you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted
directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be
delayed. For a list of department phone numbers, visit the Staff Directory on the City website.
1 3
From: Stuart Friedland <stuart friedland@yahoo.com>
Date: May 12, 2022 at 8:15:29 PM PDT
To: CC <CC@rpvca.gov>
Cc: Editor Letters to <letters@pvnews.com>
Subject: Pause the Peafowl Culling
Dear City Counsel:
Peafowl are a natural asset to our community, and should not be further
reduced.
I believe the majority of people who have chosen to invest our lives here,
like my wife and myself 35+ years ago, did so because of the natural beauty
of the Peninsula -including the occasional treasured sighting and their
seasonal calling; By the way, the peafowl were already here. It reminds us
that we are closer to and connected with nature then we would be if we lived
in the city. The peafowl are an important component to our Peninsula's
beauty.
As proven over and over again, when you label one particular species a
nuisance and remove it, the entire ecosystem is thrown out of whack. The
best known current example is the removal and subsequent return of the
Yellowstone wolves. When the wolves were "removed" other species
proliferate or perished with many unwanted consequences to plant life, flow
of rivers and other species negatively impacted. When the wolves returned
plants came back, rivers returned to normal, butterflies, birds, little ground
cruising mammals returned, and ecosystem rebounded to what it should be.
I suspect that this is not the argument presented by those who wish to cull
the peafowl or the consultants who make a living on trapping and removing.
Their assessment that everything will be improved by the peafowl removal
are invariably proven wrong.
The forbearance of the relatively minor conveniences associated with
peafowl are more than out-weighted by their beneficial presence in our
community. We believe that their place in our Peninsula's ecosystem should
be preserved, and not "improved" by extracting a crucial iconic symbol
associated only with Palos Verdes.
Isn't it our true responsibility to maintain the special beauty that is the
Peninsula, along with open space, and our natural views as best we can?
Sincerely,
Stuart Friedland
2
Lobrook Dr., RPV
(310) 544-3933
3
From:
Sent:
To:
Cc:
Subject:
Gerri Whitten
Friday, May 13, 2022 9:43 AM
captaincloaca5@gmail.com
Megan Barnes; CC; Rudy Monroy; Ken Rukavina; Karina Banales; CityClerk
RE: Peafowl
Good morning, Dr Walter Rosskopf,
Thank you for your concerns regarding the City's 2022 Peafowl Census Report and the peafowl population.
On Tuesday, May 17, 2022, City Council will review the 2022 Peafowl Census Report to consider our recommendation to
pause the peafowl trapping program for 2022. This recommendation is based on the results of the most recent peafowl
census data which demonstrates a decrease in population by 49% since the program began in 2015. City Council will
make their decision on the outcome of the program on May 17th. For any additional questions, please feel free to
contact me directly. The following links will direct you to the staff report and how to view and/or participate in the
upcoming Council meeting.
Staff Report: https://rpv.granicus.com/MetaViewer.php?view id=S&event id=2088&meta id=103752
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/pa rtici pate
Kind regards,
Gerri Whitten, CCEO ,.
.4111~
CODE ENFORCEMENT
(310} 544-5299
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www.rpvca.gov
City Hall Business Hours:
Monday-Thursday 7:30 a.m. to 5:30 p.m.,
Friday 7:30 a.m. to 4:30 p.m.
City Hall is closed daily noon to 1 p. m.
DOWNLOAD -1fl:r
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COV/0-19, visitors are required to wear
face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely.
If you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted
directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be
delayed. For a list of department phone numbers, visit the Staff Directory on the City website.
1 3.
From: waiter rosskopf <captaincloaca5@gmail.com>
Date: May 12, 2022 at 8:38:52 PM PDT
To: CC <CC@rpvca.gov>
Subject: Peafowl
I rarely see our iconic birds anymore. Please do not allow trapping this year. Sincerely, Dr Walter
Rosskopf, RPV resident for 52 years.
2
From:
Sent:
To:
Cc:
Gerri Whitten
Friday, May 13, 2022 9:43 AM
me.rooke@gmail.com
Subject:
Megan Barnes; CC; Rudy Monroy; Ken Rukavina; Karina Banales; CityClerk
RE: Please pause the peafowl trapping
Good morning, Melissa Rooke,
Thank you for your concerns regarding the City's 2022 Peafowl Census Report and the peafowl
population.
On Tuesday, May 17, 2022, City Council will review the 2022 Peafowl Census Report to consider our
recommendation to pause the peafowl trapping program for 2022. This recommendation is based on
the results of the most recent peafowl census data which demonstrates a decrease in population by 49%
since the program began in 2015. City Council will make their decision on the outcome of the program
on May 17th. For any additional questions, please feel free to contact me directly. The following links
will direct you to the staff report and how to view and/or participate in the upcoming Council meeting.
Staff Report: https://rpv.granicus.com/MetaViewer.php?view id=S&event id=2088&meta id=103752
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/pa rtici pate
Kind regards,
From: Melissa Rooke <me.rooke@gmail.com>
Date: May 12, 2022 at 8:55:07 PM PDT
To: CC <CC@rpvca.gov>
Subject: Please pause the peafowl trapping
Hello,
I live in the Los Verdes area and I'm asking that you pause the peafowl trapping. We have not seen any
around here in a long time. I'm asking that you please pause the trapping!
Melissa Rooke
310.213.0137
3
From: Gerri Whitten
Sent: Thursday, May 12, 2022 3:43 PM
To:
Subject:
Megan Barnes; CC; Rudy Monroy; Ken Rukavina; Karina Banales; CityClerk
FW: peafowl
FYI -Sorry, I forgot to include all. ..
From: Gerri Whitten
Sent: Thursday, May 12, 2022 3:42 PM
To: zetaspan@gmail.com
Subject: RE: peafowl
Good afternoon, John and Ann,
Thank you kindly for the recognition and for your concerns regarding the City's 2022 Peafowl Census Report and the
peafowl population.
On Tuesday, May 17, 2022, City Council will review the 2022 Peafowl Census Report to consider our recommendation to
pause the peafowl trapping program for 2022. This recommendation is based on the results of the most recent peafowl
census data which demonstrates a decrease in population by 49% since the program began in 2015. City Council will
make their decision on the outcome of the program on May 17th. For any additional questions, please feel free to
contact me directly. The following links will direct you to the staff report and how to view and/or participate in the
upcoming Council meeting.
Staff Report: https://rpv.granicus.com/MetaViewer.php?view id=S&event id=2088&meta id=103752
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/pa rticipate
Kind regards,
Gerri Whitten, CCEO
~ ... ~
CODE ENFORCEMENT
{310) 544-5299
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www.rpvca.gov
City Hall Business Hours:
Monday-Thursday 7:30 a.m. to 5:30 p.m.,
Friday 7:30 a.m. to 4:30 p.m.
City Hall is closed daily noon to 1 p.m.
DOWN D -'Hi:r
► •::.<'H,"»i lePl.oy
1
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COV/D-19, visitors are required to wear
face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely.
If you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted
directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be
delayed. For a list of department phone numbers, visit the Staff Directory on the City website.
From: John and Ann <zetaspan@gmail.com>
Sent: Thursday, May 12, 2022 2:45 PM
To: Rudy Monroy <rmonroy@rpvca.gov>
Subject: Fwd: peafowl
----------Forwarded message---------
From: John and Ann <zetaspan@gmail.com>
Date: Thu, May 12, 2022 at 1:42 PM
Subject: peafowl
To: <monroy@rpvca.gov>, <krukavina@rpvca.gov>, <cc@rpvca.gov>
I had encouraged the Council to consider trapping peafowl in the Vista Grande area for 2021. The results tabulated in
the 2022 census show the success of that trapping policy.
And I would like to applaud the work consistently carried out by Gerri Whitten to sustain our appropriate level of
peafowl in the community.
I also believe in collecting data to be able to follow trapping success or otherwise. So I suggest that we should not be
trapping this year in Vista Grande and Sunnyside Ridge, in order to access last year's work.
The Council will need to decide whether or not to implement trapping in Portuguese Bend.
Thank you.
John Hurrell
2
From:
Sent:
To:
Cc:
Subject:
Gerri Whitten
Thursday, May 12, 2022 2:16 PM
outlook_9517105D8CF63ECE@outlook.com
Megan Barnes; CC; Rudy Monroy; Ken Rukavina; Karina Banales; CityClerk
RE: RPV Peafowl
Good afternoon, Joe and Greta Spells,
Thank you for your concerns regarding the City's 2022 Peafowl Census Report and the peafowl population.
On Tuesday, May 17, 2022, City Council will review the 2022 Peafowl Census Report to consider our recommendation to
pause the peafowl trapping program for 2022. This recommendation is based on the results of the most recent peafowl
census data which demonstrates a decrease in population by 49% since the program began in 2015. City Council will
make their decision on the outcome of the program on May 17th. For any additional questions, please feel free to
contact me directly. The following links will direct you to the staff report and how to view and/or participate in the
upcoming Council meeting.
Staff Report: https://rpv.granicus.com/MetaViewer.php?view id=S&event id=2088&meta id=103752
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/pa rticipate
Kind regards,
Gerri Whitten, CCEO
~ ... ~
CODE ENFORCEMENT
(310) 544-5299
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www.rpvca.gov
City Hall Business Hours:
Monday-Thursday 7:30 a.m. to 5:30 p.m.,
Friday 7:30 a.m. to 4:30 p.m.
City Hall is closed daily noon to 1 p.m.
DOWNLOAD -'tlifj
► ~lePlny
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COVID-19, visitors are required to wear
face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely.
If you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted
directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be
delayed. For a list of department phone numbers, visit the Staff Directory on the City website.
1 8.
From: Joseph Spells <outlook 9S1710SD8CF63ECE@outlook.com>
Sent: Thursday, May 12, 2022 12:32 PM
To: CC <CC@rpvca.gov>
Subject: RPV Peafowl
We love the beautiful peacocks and hope that their numbers can increase a bit
Thank you,
Joe and Greta Spells
28904 Indian Valley Road
Rancho Palos Verdes
Sent from Mail for Windows
2
From:
Sent:
To:
Cc:
Subject:
Gerri Whitten
Thursday, May 12, 2022 2:14 PM
christy shahnazarian
Megan Barnes; CC; Rudy Monroy; Ken Rukavina; Karina Banales; CityClerk
RE: Peafowl trapping
Good afternoon, Christy Shahnazarian,
Thank you for your concerns regarding the City's 2022 Peafowl Census Report and the peafowl population.
On Tuesday, May 17, 2022, City Council will review the 2022 Peafowl Census Report to consider our recommendation to
pause the peafowl trapping program for 2022. This recommendation is based on the results of the most recent peafowl
census data which demonstrates a decrease in population by 49% since the program began in 2015. City Council will
make their decision on the outcome of the program on May 17th. For any additional questions, please feel free to
contact me directly. The following links will direct you to the staff report and how to view and/or participate in the
upcoming Council meeting.
Staff Report: https://rpv.gra n icus.com/MetaViewer.ph p ?view _id=5&event_id=2088&meta_id=103752
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/participate
Kind regards,
Gerri Whitten, CCEO
(310) 544-5299
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www.rpvca.gov
City Hall Business Hours:
Monday -Thursday 7:30 a.m. to 5:30 p.m., Friday 7:30 a.m. to 4:30 p.m.
City Hall is closed daily noon to 1 p.m.
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged,
confidential and/or protected from disclosure. The information is intended only for use of the individual or entity
named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If you received this email in error, or
are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COVID-19, visitors are
required to wear face coverings and adhere to physical distancing guidelines. Some employees are working on rotation
and may be working remotely. If you need to visit City Hall, please schedule an appointment in advance by calling the
appropriate department and follow all posted directions during your visit. Walk-ups are limited to one person at a time.
Please note that our response to your inquiry could be delayed. For a list of department phone numbers, visit the Staff
Directory on the City website.
1
-----Original Message-----
From: christy shahnazarian <cshazl@yahoo.com>
Sent: Thursday, May 12, 2022 12:52 PM
To: CC <CC@rpvca.gov>
Subject: Peafowl trapping
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
Hello,
I pray the city will continue the peafowl trapping and relocation. On most days i have about 20 peacocks in my back yard
damaging my plants, destroying my outdoor furniture and breaking our roof tiles. I spend hours a day cleaning up after
them!
They are so comfortable around humans now that I can not scare them off my property.
Also this time of year during mating season the screaming all night long is torture! Please consider my property for
future trapping.
Thank you,
Christy Shahnazarian
310-345-5955
6 Headland Dr. RPV
2
From:
Sent:
To:
Cc:
Subject:
Good morning, Kristen Cumby,
Gerri Whitten
Thursday, May 12, 2022 11 :19 AM
kristencu mby@cox.net
Megan Barnes; CC; Rudy Monroy; Ken Rukavina; Karina Banales; CityClerk
RE: Peafowl trapping
Thank you for your concerns regarding the City's 2022 Peafowl Census Report and the peafowl population.
On Tuesday, May 17, 2022, City Council will review the 2022 Peafowl Census Report to consider our recommendation to
pause the peafowl trapping program for 2022. This recommendation is based on the results of the most recent peafowl
census data which demonstrates a decrease in population by 49% since the program began in 2015. City Council will
make their decision on the outcome of the program on May 17th. For any additional questions, please feel free to
contact me directly. The following links will direct you to the staff report and how to view and/or participate in the
upcoming Council meeting.
Staff Report: https://rpv .gra nicus.com/MetaViewer.php ?view _id=5&event_id=2088&meta_id= 103 7 52
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/pa rticipate
Kind regards,
Gerri Whitten, CCEO
(310) 544-5299
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www.rpvca.gov
City Hall Business Hours:
Monday-Thursday 7:30 a.m. to 5:30 p.m., Friday 7:30 a.m. to 4:30 p.m.
City Hall is closed daily noon to 1 p.m.
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged,
confidential and/or protected from disclosure. The information is intended only for use of the individual or entity
named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If you received this email in error, or
are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COVID-19, visitors are
required to wear face coverings and adhere to physical distancing guidelines. Some employees are working on rotation
and may be working remotely. If you need to visit City Hall, please schedule an appointment in advance by calling the
appropriate department and follow all posted directions during your visit. Walk-ups are limited to one person at a time.
Please note that our response to your inquiry could be delayed. For a list of department phone numbers, visit the Staff
Directory on the City website.
3
-----Original Message-----
From: Kristen Cumby <kristencumby@cox.net>
Sent: Thursday, May 12, 2022 10:58 AM
To: CC <CC@rpvca.gov>
Subject: Peafowl trapping
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
Hi CC at RPV,
I am writing about the peafowl trapping, especially in Portuguese Bend where I have lived for 30 years.
I enjoy the peafowl and prefer not trapping them at the current population. Please consider my email as a vote against
trapping them.
Thank you so much,
Kristen Cumby
9 Limetree Lane
Rancho Palos Verdes, CA 90275
310 502-0105
Sent from my iPhone
2
From:
Sent:
To:
Cc:
Subject:
Good morning, Caitlin Jones,
Gerri Whitten
Thursday, May 12, 2022 10:02 AM
ccjones47@gmail.com
Megan Barnes; CC; Rudy Monroy; Ken Rukavina; Karina Banales; CityClerk
RE: Peacock Trapping
Thank you for your concerns regarding the City's 2022 Peafowl Census Report and the peafowl population.
On Tuesday, May 17, 2022, City Council will review the 2022 Peafowl Census Report to consider our recommendation to
pause the peafowl trapping program for 2022. This recommendation is based on the results of the most recent peafowl
census data which demonstrates a decrease in population by 49% since the program began in 2015. City Council will
make their decision on the outcome of the program on May 17th. For any additional questions, please feel free to
contact me directly. The following links will direct you to the staff report and how to view and/or participate in the
upcoming Council meeting.
Staff Report: https://rpv.granicus.com/MetaViewer.php?view id=S&event id=2088&meta id=103752
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/pa rtici pate
Kind regards,
Gerri Whitten, CCEO ,..
... ~
CODE ENFORCEMENT
{310) 544-5299
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www.rpvca.gov
City Hall Business Hours:
Monday-Thursday 7:30 a.m. to 5:30 p.m.,
Friday 7:30 a.m. to 4:30 p.m.
City Hall is closed daily noon to 1 p.m.
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COV/0-19, visitors are required to wear
face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely.
If you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted
directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be
delayed. For a list of department phone numbers, visit the Staff Directory on the City website.
1 3
From: Caitlin Jones <ccjones47@gmail.com>
Sent: Thursday, May 12, 2022 9:56 AM
To: CC <CC@rpvca.gov>
Subject: Peacock Trapping
To whom it may concern,
My name is Caitlin. My family and I have been residents of Rancho Palos Verdes for over a decade and we love calling this place
home. I'm writing to you with my concern about Peafowl Trapping.
When I heard that peafowl trapping would be reinstated I was worried. The peafowl are a very important part of the peninsula
community and as such I feel a responsibility to speak out on behalf of their safety and wellbeing.
Please consider lowering the number of trappings as much as possible so as to avoid any risks to the health of the population and
of each individual peafowl during the relocation process. It is very important to me, my family and many neighbors who share
the same sentiment.
On that note, I would also like to request more information on the process of peafowl trapping -how it's carried out, the selection
criteria for which peafowls will be relocated, where they are relocated to, etc.
Thank you for your time and I look forward to your response.
Caitlin Jones
2
From:
Sent:
To:
Cc:
Subject:
Good morning, Eileen Paterson,
Gerri Whitten
Thursday, May 12, 2022 9:21 AM
enpaterson@gmail.com
Megan Barnes; CC; Rudy Monroy; Ken Rukavina; Karina Banales; CityClerk
RE: Peafowls should not be trapped
Thank you for your concerns regarding the City's 2022 Peafowl Census Report and the peafowl population.
On Tuesday, May 17, 2022, City Council will review the 2022 Peafowl Census Report to consider our recommendation to
pause the peafowl trapping program for 2022. This recommendation is based on the results of the most recent peafowl
census data which demonstrates a decrease in population by 49% since the program began in 2015. City Council will
make their decision on the outcome of the program on May 17th. For any additional questions, please feel free to
contact me directly. The following links will direct you to the staff report and how to view and/or participate in the
upcoming Council meeting.
Staff Report: https://rpv.granicus.com/MetaViewer.php?view id=S&event id=2088&meta id=103752
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/pa rtici pate
Kind regards,
Gerri Whitten, CCEO
~ ... ~
CODE ENFORCEMENT
(310} 544-5299
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www.rpvca.gov
City Hall Business Hours:
Monday-Thursday 7:30 a.m. to 5:30 p.m.,
Friday 7:30 a.m. to 4:30 p.m.
City Hall is closed daily noon to 1 p.m.
DOWNLOAD -'fll:r
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COVJD-19, visitors are required to wear
face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely.
If you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted
directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be
delayed. For a list of department phone numbers, visit the Staff Directory on the City website.
1 3
From: Eileen N. Paterson <enpaterson@gmail.com>
Sent: Thursday, May 12, 2022 9:08 AM
To: CC <CC@rpvca.gov>
Subject: Peafowls should not be trapped
Dear Council,
Let's not denigrate our beautiful peninsula by trapping peafowls. The vast majority of people here love these beautiful
animals and their presence is integrated with Palos Verdes. I grew up in Arcadia -near an Arboretum and we have
peafowls all over our city growing up. It was lovely for me as a child and we never would have thought to trap or
extinguish them. Ridding PV of one of its most beautiful (and harmless) animals is a base proposition at best and
barbaric at worst. It would be an abomination to rely on negative information about peafowls -information not backed
by science, that is iffy, faulty, and unreliable. Please Council, do not succumb to this; please do not allow a few vocal
people to destroy one of things that makes PV beautiful.
Thank you,
Eileen Paterson
2
From:
Sent:
To:
Cc:
Subject:
Good morning, Lonnie Jordan,
Gerri Whitten
Thursday, May 12, 2022 9:14 AM
jockoplotz@gmail.com
Megan Barnes; CC; Rudy Monroy; Ken Rukavina; Karina Banales; CityClerk
RE: Peafowl trapping
Thank you for your concerns regarding the City's 2022 Peafowl Census Report and the peafowl population.
On Tuesday, May 17, 2022, City Council will review the 2022 Peafowl Census Report to consider our recommendation to
pause the peafowl trapping program for 2022. This recommendation is based on the results of the most recent peafowl
census data which demonstrates a decrease in population by 49% since the program began in 2015. City Council will
make their decision on the outcome of the program on May 17th. For any additional questions, please feel free to
contact me directly. The following links will direct you to the staff report and how to view and/or participate in the
upcoming Council meeting.
Staff Report: https://rpv.granicus.com/MetaViewer.php?view id=S&event id=2088&meta id=103752
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/pa rtici pate
Kind regards,
Gerri Whitten, CCEO
~ ... ~
CODE ENFORCEMENT
(310) 544-5299
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www.rpvca.gov
City Hall Business Hours:
Monday-Thursday 7:30 a.m. to 5:30 p.m.,
Friday 7:30 a.m. to 4:30 p.m.
City Hall is closed daily noon to 1 p.m.
DOWNLOA -11'/fj
, C¼»nh.~ll4t.s""fhr
• AppStore
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COV/0-19, visitors are required to wear
face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely.
If you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted
directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be
delayed. For a list of department phone numbers, visit the Staff Directory on the City website.
1 3
From: jockoplotz@gmail.com <jockoplotz@gmail.com>
Sent: Thursday, May 12, 2022 8:31 AM
To: CC <CC@rpvca.gov>
Subject: Peafowl trapping
Hello,
I would like to encourage you to cease trapping the peafowl in RPV. They are a symbol of our city and their image can be
found everywhere including on the side of city vehicles.
Please let them live in peace. They were here before us and help to make RPV a unique city in southern California.
Thank You for your time
Lonnie Jordan
Grayslake Rd, RPV.
2
From:
Sent:
To:
Cc:
Subject:
Good morning, Maggie Jones,
Gerri Whitten
Thursday, May 12, 2022 9:06 AM
majoneslaw@gmail.com
Megan Barnes; CC; Rudy Monroy; Ken Rukavina; Karina Banales; CityClerk
RE: Help our peacocks
Thank you for your concerns regarding the City's 2022 Peafowl Census Report and the peafowl population.
On Tuesday, May 17, 2022, City Council will review the 2022 Peafowl Census Report to consider pausing or reinstating
the peafowl trapping program for 2022. This recommendation is based on the results of the most recent peafowl census
data which demonstrates a decrease in population by 49% since the program began in 2015. City Council will make their
decision on the future of the program on May 17th. For any additional questions, please feel free to contact me directly.
The following links will direct you to the staff report and how to view and/or participate in the upcoming Council
meeting.
Staff Report: https://rpv.gra n icus.com/MetaViewer. php ?view _id=5&event_id=2088&meta_id= 103 7 52
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/pa rtici pate
Kind regards,
Gerri Whitten, CCEO
(310) 544-5299
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www.rpvca.gov
City Hall Business Hours:
Monday-Thursday 7:30 a.m. to 5:30 p.m., Friday 7:30 a.m. to 4:30 p.m.
City Hall is closed daily noon to 1 p.m.
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged,
confidential and/or protected from disclosure. The information is intended only for use of the individual or entity
named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If you received this email in error, or
are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COVID-19, visitors are
required to wear face coverings and adhere to physical distancing guidelines. Some employees are working on rotation
and may be working remotely. If you need to visit City Hall, please schedule an appointment in advance by calling the
appropriate department and follow all posted directions during your visit. Walk-ups are limited to one person at a time.
Please note that our response to your inquiry could be delayed. For a list of department phone numbers, visit the Staff
Directory on the City website.
1 3
-----Original Message-----
From: majoneslaw@gmail.com <majoneslaw@gmail.com>
Sent: Wednesday, May 11, 2022 4:28 PM
To: CC <CC@rpvca.gov>
Subject: Help our peacocks
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
Hi. Please don't trap any peacocks this year. I love them They are beautiful and make the neighborhood special. It's
one of the reasons I moved to my neighborhood. Thanks
Maggie Jones
Sent from my iPhone
2
From:
Sent:
To:
Cc:
Subject:
Good morning, Mrs. Streitfeld,
Rudy Monroy
Thursday, May 12, 2022 8:46 AM
Streitfeld@cox.net
CityClerk; CC; Gerri Whitten; Ken Rukavina
RE: Please stop trapping our peafowl
Thank you for your concerns in regards to the City's peafowl population. As you know, on Tuesday, May 17, 2022, City
Council will be reviewing the 2022 Peafowl Census Report to consider pausing or reinstating peafowl trapping for 2022.
This recommendation is based on the results of the peafowl census that demonstrates a decrease in population of 49%
since the program began in 2015. Of course, City Council will make the final decision on the future of the program. For
any additional questions please feel free to contact me directly. The following links are to the staff report as well as to
information on how to view and/or participate in the upcoming Council Meeting.
https://www.rpvca.gov/agendas
https://www.rpvca.gov/pa rticipate
Kind regards,
Rudy Monroy
Code Enforcement Officer
City of Rancho Palos Verdes I Code Enforcement Division
30940 Hawthorne Blvd. I Rancho Palos Verdes, CA 90275 Main Line: 310-544-5296 I Office: 310-544-5281 I Email:
Rmonroy@rpvca.gov
-----Original Message-----
From: Melanie Streitfeld <streitfeld@cox.net>
Sent: Wednesday, May 11, 2022 7:57 PM
To: CC <CC@rpvca.gov>
Subject: Please stop trapping our peafowl
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
Dear Council Members,
Please do not continue to keep trapping the peafowl. There is only one bird left in the Crestridge area. I have heard one
other bird across the canyon in Rolling Hills. Many of my neighbors miss the birds. They are so beautiful and their
numbers have been kept in check due to coyotes. Trapping seems to have become unnecessary. Thank you for your
consideration.
Melanie Streitfeld 3
Rancho Palos Verdes
2
From:
Sent:
To:
Cc:
Subject:
Good afternoon, Denise Potvin,
Gerri Whitten
Monday, May 16, 2022 1 :53 PM
pdgcp4@gmail.com
Megan Barnes; CC; Rudy Monroy; Ken Rukavina; Karina Banales; CityClerk
RE: PLEASE SUSPEND PEAFOWL TRAPPING
Thank you for your concerns regarding the City's 2022 Peafowl Census Report and the peafowl population.
On Tuesday, May 17, 2022, City Council will review the 2022 Peafowl Census Report to consider our recommendation to
pause the peafowl trapping program for 2022. This recommendation is based on the results of the most recent peafowl
census data which demonstrates a decrease in population by 49% since the program began in 2015. City Council will
make their decision on the outcome of the program on May 17th. For any additional questions, please feel free to
contact me directly. The following links will direct you to the staff report and how to view and/or participate in the
upcoming Council meeting.
Staff Report: https://rpv.granicus.com/MetaViewer.php?view id=S&event id=2088&meta id=103752
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/pa rticipate
Kind regards,
Gerri Whitten, CCEO
~ .... ~
CODE ENFORCEMENT
(310) 544-5299
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www.rpvca.gov
City Hall Business Hours:
Monday-Thursday 7:30 a.m. to 5:30 p.m.,
Friday 7:30 a.m. to 4:30 p.m.
City Hall is closed daily noon to 1 p.m.
DOWNLOAD -. . 'ftlf; .··
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from
disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If
you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COVID-19, visitors are required to wear
face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely.
If you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted
directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be
delayed. For a list of department phone numbers, visit the Staff Directory on the City website.
1 3
From: pdgcp4@gmail.com <pdgcp4@gmail.com>
Sent: Monday, May 16, 2022 12:56 PM
To: CC <CC@rpvca.gov>
Subject: RE: PLEASE SUSPEND PEAFOWL TRAPPING
Dear City Council Members,
I am writing to request that you vote to "SUSPEND" the trapping of peafowl. I have lived in Rancho
Palos Verdes for 46 years now, almost my entire life, and the peafowl are part of our City. I was
thrilled when a flock moved into my neighborhood, and it is incredibly sad to me that the City has
been removing these beautiful birds from our community. Rancho Palos Verdes is a rural area, not a
big city, and those who don't like the peacocks should have realized that when they moved here. To
remove the peafowl is not only cruel, but it takes away from the beautiful nature that is around us. I
not only grew up in Rancho Palos Verdes, but I also chose to raise my family here. I have seen so
many fields be built up over the years, becoming homes, parks, shopping centers, and other retail
establishments. Keeping the peafowl here is helping to preserve what we have left of the Rancho
Palos Verdes that it once was. The peafowl bring a great deal of joy to me and many other people,
and the complaints of a few residents should not override the wishes of those of us who love and
appreciate the peafowl.
Thank you in advance for your assistance with this matter.
Denise Potvin
6026 Flambeau Road
Rancho Palos Verdes
2
From:
Sent:
To:
Subject:
Gerri Whitten
Monday, May 16, 2022 1 :47 PM
ce35@mac.com
RE: Pea Fowl Trapping
Good afternoon, Chris and Kim Engen,
Thank you for your concerns regarding the City's 2022 Peafowl Census Report and the peafowl population.
On Tuesday, May 17, 2022, City Council will review the 2022 Peafowl Census Report to consider our recommendation to
pause the peafowl trapping program for 2022. This recommendation is based on the results of the most recent peafowl
census data which demonstrates a decrease in population by 49% since the program began in 2015. City Council will
make their decision on the outcome of the program on May 17th. For any additional questions, please feel free to
contact me directly. The following links will direct you to the staff report and how to view and/or participate in the
upcoming Council meeting.
Staff Report: https:// rpv .gra nicus.com/M eta Viewer. ph p ?view _id=5&event_id=2088&meta_id=103 752
Agendas: https://www.rpvca.gov/agendas
Participate: https://www.rpvca.gov/pa rticipate
Kind regards,
Gerri Whitten, CCEO
(310) 544-5299
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5200
www.rpvca.gov
City Hall Business Hours:
Monday -Thursday 7:30 a.m. to 5:30 p.m., Friday 7:30 a.m. to 4:30 p.m.
City Hall is closed daily noon to 1 p.m.
This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged,
confidential and/or protected from disclosure. The information is intended only for use of the individual or entity
named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If you received this email in error, or
are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
City Hall is open to the public during regular business hours. To help prevent the spread of COVID-19, visitors are
required to wear face coverings and adhere to physical distancing guidelines. Some employees are working on rotation
and may be working remotely. If you need to visit City Hall, please schedule an appointment in advance by calling the
appropriate department and follow all posted directions during your visit. Walk-ups are limited to one person at a time.
Please note that our response to your inquiry could be delayed. For a list of department phone numbers, visit the Staff
Directory on the City website.
-----Original Message-----3
1
From: CHRIS ENGEN <ce35@mac.com>
Sent: Monday, May 16, 2022 12:13 PM
To: CC <CC@rpvca.gov>
Subject: Pea Fowl Trapping
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
My wife and I are in the Sunnyside Ridge pea fowl section (73 Headland Drive) and hope you will continue to do trapping
in our area.
We are bothered regularly by pea fowl on our roof and in our yard. They disturb us with noise almost every night. It is
not uncommon to see a flock of 5-10 of them on the street in front of our house.
If I am reading the city statistics correctly, the Sunnyside Ridge area has the smallest decrease in population of all the
districts.
Please keep trapping in our area!
Thank you.
Chris and Kim Engen
2