CC SR 20211221 M - Award PSA for Wireless Telecom Consulting
CITY COUNCIL MEETING DATE: 12/21/2021
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to award a Professional Services Agreement to
Telecom Law Firm to perform consulting services related to permitting for wireless
facilities.
RECOMMENDED COUNCIL ACTION:
(1) Award a Professional Services Agreement to Telecom Law Firm for a three-year
term, with an optional additional two years, in the not-to-exceed amount $750,000
(maximum of $250,000 annually) for consulting services related to City-issued
wireless facility permits; and
(2) Authorize the Mayor to execute the Professional Services Agreement in a form
acceptable to the City Attorney.
FISCAL IMPACT: The review of wireless facility permit applications within the public
right-of-way is funded from a Trust Deposit established by the project
applicant, with no impact to the City’s financial position. General
consulting services, if needed, will be funded through appropriated
operating budget funds.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): 780-200-0000-0201 (ACCOUNTS / VOUCHER PAYABLE)
ORIGINATED BY: Charles Eder, PE, Senior Engineer
REVIEWED BY: Ramzi Awwad, Public Works Director
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Professional Services Agreement with Telecom Law Firm (page A-1)
B. Wireless Services Proposal (page B-1)
C. Request for Proposals for Consultant Services (page C-1)
BACKGROUND:
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CITYOF RANCHO PALOS VERDES
On September 27, 2018, the Federal Communications Commission (FCC) released an
updated ruling on the federal Telecommunications Act of 1996, which was intended to
ensure that the public has sufficient access to telecommunication services. Based on this
federal law, a local government shall not prohibit or have the effect of prohibiting the
provision of personal wireless services.
On April 16, 2019 meeting, the City Council adopted an ordinance based on this FCC
ruling to update the regulatory framework and standards for wireless facilities within the
public right-of-way. The ordinance set the permitting procedures and updated design and
development standards for wireless facilities in the City’s public right-of-way. The
ordinance also contains a comprehensive list of required application exhibits and permit
conditions that applies to wireless encroachment permits, including, but not limited to,
acoustic analysis, wind load analysis, Federal Aviation Administration (FAA)
documentation, insurance requirements, indemnity, performance bond for removal upon
abandonment, and maintenance and inspection requirements.
DISCUSSION:
As a department in a small contract city, the Public Works Department does not have the
capacity in-house to review wireless facility applications. Consequently, the City utilizes
a consultant to perform these professional services . The current contract for these
services, currently provided by Telecom Law Firm, expires at the end of December 2021.
Staff seeks to award a new contract for these services.
On September 17, 2021, the City issued a request for proposals (RFP) for wireless
telecommunications facilities consulting services. The scope of services is more
thoroughly described in the attached RFP (Attachment C), and includes:
▪ Reviewing wireless siting applications and their exhibits to determine
completeness and compliance;
▪ Evaluating wireless facility designs for conformance with the City’s Ordinance;
▪ Assessing alternatives to proposed wireless facility designs, within the City’s
regulatory authority, that better meet the City’s needs;
▪ Developing and providing memoranda documenting the application’s
completeness, regulatory classification, design conformance to regulatory
requirements and the City’s Ordinance, and other technical or regulatory issues.
▪ Providing consultation services as requested by City, for matters related to the
wireless siting applications.
Proposals were received from two firms, and an evaluation panel of three members,
comprised of the Director of Public Works, the Principal Engineer, and the Senior
Engineer reviewed the proposals. The evaluation panel interviewed the firms on
December 2, 2021.
After the reviews and interviews were conducted, the evaluation panel scored the
proposals from the two interviewed firms and ranked Telecom Law Firm as the most
qualified firm. The proposers ranked follows:
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RFP WIRELESS TELECOMMUNICATIONS
FACILITIES CONSULTING SERVICES
Scoring Sheet
HGR TLF
Criteria Value
Raw
Score
(0-10)
Final
Score
Raw
Score
(0-10)
Final
Score
Approach to Scope of Services 20% 10 2 6.5 1.3
Proposal Schedule 10% 20 2 20 2
Staff Qualifications & Experience 40% 8 3.2 9.5 3.8
Organization & Staffing 20% 7.5 1.5 9.5 1.9
Quality Control 10% 8.5 0.9 7.5 0.8
Totals 100% 9.55 9.75
Attached for City Council consideration is the professional services agreement with
Telecom Law Firm to perform technical and legal analysis of wireless projects submitted
to the City (Attachment A).
The fee structure is based on a fixed cost of $2,523 to review each application. This cost
is 100% reimbursed by the applicant through the trust deposit process.
The professional services agreement also allows the City to request general consulting
services for wireless facilities, such as master plans.
Staff recommends awarding a professional services agreement (Attachment A) to
Telecom Law Firm for consulting services related to wireless facilities for a three-year
term, with an optional additional two years.
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ALTERNATIVES:
In addition to Staff recommendation, the following alternative actions are available for the
City Council’s consideration:
1. Do not award a professional services agreement to Telecom Law Firm and direct
Staff to re-solicit the proposed services.
2. Take other action, as deemed appropriate.
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01203.0006/756875.2 1
PROFESSIONAL SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
TELECOM LAW FIRM, P.C.
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01203.0006/756875.2
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
TELECOM LAW FIRM, P.C.
THIS AGREEMENT FOR PROFESSIONAL SERVICES (herein “Agreement”) is made
and entered into on December 21, 2021, by and between the CITY OF RANCHO PALOS
VERDES, a California municipal corporation (“City”) and TELECOM LAW FIRM P.C., a
California professional 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) determinatio n 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 $750,000 (Seven Hundred Fifty Thousand Dollars) (the
“Contract Sum”), unless additional compensation is approved pursuant to Section 1.9. Annual
compensation shall not exceed $250,000 (Two Hundred Fifty Thousand).
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 three (3)
years from the date hereof, except as otherwise provided in the Schedule of Performance
(Exhibit “D”). The City may, in its sole discretion, extend the Term for two additional one-year
terms.
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:
Jonathan L. Kramer President
(Name) (Title)
Valerie Halvorsen Business 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
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
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agents, shall obtain any rights to retirement, health care or any other benefits which may
otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may
have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Ron Dragoo, Principal Engineer, or such person as may be
designated by the City Manager. It shall be the Consultant’s responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the services and the
Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless
otherwise specified herein, any approval of City required hereunder shall mean the approval 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:
TELECOM LAW FIRM, P.C.
By:
Name: Jonathan L. Kramer
Title: President
By:
Name:
Title:
Address:
3570 Camino del Rio N., Suite 102
San Diego, CA 92108
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 __________, 2021 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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01203.0006/756875.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2021 before me, ________________, personally appeared ________________, proved to me o n
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.
A-25
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01203.0006/756875.2 A-1
EXHIBIT “A”
SCOPE OF SERVICES
Consultant will perform the following Services relating to wireless facilities applications:
A. Wireless Siting Application Reviews:
1. Application Reviews: As a wireless site application reviewer, a part of the City’s
planning team, Consultant will review wireless siting applications and provide the City
with a written compliance and completeness analysis as described below.
2. Memorandum/Memoranda Content:
a. Incomplete Memorandum.
Upon receipt of an application by the Consultant directly from the City,
Consultant will evaluate and identify whether any items that are required in the
City’s wireless application are not completed by the applicant. If there are
incomplete items, the Consultant will send the City an “Incomplete
Memorandum” on Consultant’s letterhead in PDF format by email within:
i. nine (9) calendar days for an initial review of a wireless application that
is submitted by the applicant as a small wireless facility; or
ii. twenty-one (21) calendar days for an initial review of a wireless
application that is submitted by the applicant in a category that is not a
small wireless facilities; or
iii. nine (9) calendar days for a resubmittal review of a wireless
application that was previously deemed incomplete.
b. Project Memorandum:
Once an application is determined by the City or deemed by operation of law to
be complete, Consultant will send the City a Project Memorandum on
Consultant’s letterhead in PDF format by email providing the following
information, as applicable:
i. identify the regulatory classification under which the project should be
processed (i.e., Section 6409(a); Small Wireless Facility; major
modification; AB 2421 generator permit; new wireless site; enforcement
of prior wireless permit non-compliance issues, etc.); and
ii. discuss design matters, if any, that may reduce the impact of the
proposed site configuration;
iii. review emergency standby generator request, analyze proposal under
AB2421 requirements;
iv. evaluate time, place, and manner considerations for wireless sites
located in the Public Right of Way;
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01203.0006/756875.2 A-2
v. assess the planned compliance with federal radio frequency exposure
guidelines established by the Federal Communications Commission, and;
vi. determine any other wireless site-related issues that Consultant, in its
experience and opinion, believes to be relevant or helpful to the City’s
review of the wireless application.
3. Memorandum Revision:
At City’s request, without any additional fee, Consultant shall prepare one revision or
follow-up to the Incomplete or Project Memorandum. All subsequent/additional revisions
or follow-ups are charged on an hourly basis.
4. Consultation Time:
a. Consultant will provide reasonable consultation by telephone, video link,
and/or through e-mail with the City per project at no additional cost for the flat
fee portion of any project.
b. For any project where hourly charges apply (i.e., after the flat fee portion of a
project), hourly fees for consultations via telephone and/or email may apply at
Consultant’s option.
c. It is understood by the City and Consultant that every wireless project is unique
as to location and design, and some projects may not proceed all the way to an
approval or denial, or the project at a given location may be moved by an
applicant to a different location, each of which may necessitate an entirely new
project review under a separate fee at Consultant’s option.
B. Attendance at Meetings.
As requested by City and subject to Consultant’s availability and prior commitments, Consultant
will attend City meetings in-person, by telephone, or by video. Meeting attendance in person will
also involve billed travel time from Consultant’s office to and from the City. Meeting attendance
is billed at the hourly rates in this Agreement. Travel time to and from the City for in person
meetings will be billed at sixty percent (60%) of the applicable hourly rate.
C. General Consultation.
At the City’s request, Consultant will engage with the City regarding any non-privileged
communications within the competence of Consultant as determined by Consultant in any form
on a time available basis for Consultant and will be invoiced on an hourly basis (including travel
time from Consultant’s office to and from the City as requested by the City billed at sixty percent
(60%) of the applicable hourly charge).
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01203.0006/756875.2 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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01203.0006/756875.2 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Flat Fees.
Consultant shall perform all flat-rate services described in Scope Of Work For Wireless
Project Reviews, Section A, Subsection 1 through 3 and 4(a) for a fixed fee of $2,523.00 per
project. Project hours are not reported by Consultant for the flat fee portion of any flat fee
projects.
Flat fee projects are billed to the City as a single unit on the first project invoice, which is
issued upon submission of Consultant’s first substantive project memorandum (that can include a
memo regarding an incomplete application, a project review memo, or another substantive
project-related memo).
The flat fee (and any subsequent hourly fees) are fully earned by and payable to
Consultant once the Consultant has provided its first substantive memorandum to the City, even
when the project is subsequently cancelled, abandoned, transferred to a different location. In the
event that a project is tendered to the Consultant by the City but terminated for any reason prior
to issuance of Consultant’s first memorandum, City shall pay Consultant on the hourly basis set
out in this Agreement for all time spent by Consultant on the project prior to Consultant’s receipt
of City’s notice of termination.
II. Hourly Fees.
Consultant shall perform all services described in Scope Of Work For Wireless Project
Reviews, Section B and C and all other extra services not described in the Scope of Work but
mutually agreed upon by City and Consultant, on an hourly fee basis as follows:
Personnel Rate:
Per Partner or Senior Project Manager $ 330
Per Associate/Of Counsel or Project Manager $ 278
Per Paralegal or Senior Project Assistant $ 206
Per Assistant or Project Assistant $ 124
All time is billed in 0.1-hour (6 minute) units rounded up to the next 0.1 hour unit.
Annual Fee Adjustments. The Flat Rate and Hourly Fees set out in this Agreement shall
automatically increase by three percent (3%) on each anniversary of this Agreement.
III. Expenses.
City will reimburse the Consultant for all ordinary costs and expenses reasonably
incurred by Consultant in performance of the services provided by Consultant to City pursuant to
this Agreement.
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01203.0006/756875.2 C-2
IV. The City’s designated point of contact for billing queries is the City’s Contract Officer.
Consultant’s designated point of contact for billing queries is Val Halvorsen, Business
Manager, BManager@telecomLawFirm.com, 310-312-9900 ext 135. Either party may
change its designated point of contact for billing queries at any time upon ten (10)
business days’ written notice to the other.
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01203.0006/756875.2 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
Incomplete Memorandum:
◼ Nine (9) calendar days for an initial review of a wireless application that is submitted by
the applicant as a small wireless facility; or
◼ Twenty-one (21) calendar days for an initial review of a wireless application that are
submitted by the applicant in a category that is not a small wireless facilities; or
◼ Nine (9) calendar days for a resubmittal review of a wireless application that was deemed
incomplete.
Attendance at Meetings:
◼ As requested, on an hourly basis portal to portal, and subject to prior scheduling.
General Consultation:
◼ As requested, on an hourly basis portal to portal, and subject to prior scheduling.
A-31
2708 Wilshire Blvd• Suite 330 • Los Angeles • CA 90403 • T 310-312-9900
3570 Camino Del Rio North• Suite 102 • San Diego • CA 92108 • T 619-272-6200
TelecomLawFirm.com
DR. JONATHAN L. KRAMER, ESQ.
KRAMER@TELECOMLAWFIRM.COM
DIRECT CA: (310) 405-7333
DIRECT NM: (505) 490-6800
LOS ANGELES OFFICE
Submitted via Email (publicworks@rpvca.gov)
October 20, 2021
Public Works Department
Attention: Charles Eder, Senior Engineer
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Reference: REQUEST FOR Proposal (the “RFP”) for
Wireless Telecommunication Facilities Consulting Services
Dear Members of the Public Works Department:
On behalf of Telecom Law Firm, P.C., (“TLF”) I am pleased to provide the attached responses to the City
of Rancho Palos Verdes’ (“City”) Request for Proposal as provided to us on October 19, 2021.
For over a decade, TLF has served the City with planning support services in connection with wireless
communications planning and permitting matters before the City. We appreciate the opportunity to be
considered to extend our long-standing relationship with the City. Our project planning and support
services for jurisdictions goes back over 20 years and many thousands of cell site application reviews and
recommendations. Our municipal clients are in California, Colorado, Oregon, Washington, New Mexico,
Arizona, Texas, Georgia, Florida, Massachusetts, and Wyoming.
Present Staff and Qualifications:
We have five full-time attorneys in the firm. They are in seniority order:
o Dr. Jonathan L. Kramer, Senior Partner. 15 years with TLF (CV attached)
o Mr. Robert C. May III, Managing Partner. 13 years with TLF (CV attached)
o Mr. Michael Johnston, Partner. 5 1/2 years with TLF.
o Mr. David Nagele, Associate. 1 1/2 years with TLF.
o Ms. Sophie Geguchadze, Associate. About 1 year with TLF.
In addition to our team of highly qualified attorneys, we are supported by four full time support
staff of wireless siting professionals and business professionals, all in seniority order:
B-1
B TELECOM W L AW FIRM PC
Public Works Department
2021 TLF Responses to RFP
October 20, 2021
Page 2
Telecom Law Firm PC
o Ms. Lory Kendirjian, Senior Project Manager. 7 years with TLF. (FT)
Ms. Kendirjian, under Dr. Kramer’s supervision, is the key person conducting
wireless project reviews for City Planning.
o Ms. Joey Isaac, Project Manager. 3.5 years with TLF. (FT)
Ms. Isaac, under Ms. Kendirjian’s supervision, assists in conducting wireless
project reviews for City Planning.
o Ms. Valerie Halvorsen, Business Manager. 5 years with TLF. (FT)
o Ms. Annette Strong, Operations Specialist. 3 years with TLF. (FT)
TLF policy is to seek to hire and promote highly qualified individuals without excluding or
restricting any potential candidate or employee for any reason, including race, creed, national
origin, military status, or physical abilities.
We know of no other firm with our depth and breadth of experience. Our staff are full time employees
of the firm, unlike some other firms that use 1099 subcontractors . Our firm’s type of organization is as a
Professional Corporation (type “C” corporation) registered in California in good standing with the
Secretary of State, the Franchise Tax Board, and the State Bar of California.
Tripp May and I are available to answer any questions you may have, and we hope the City will select our
firm, once again, to provide our telecom planning services in support of the City’s mission set out under
its local Municipal Code, the laws and regulations of the State of California, and the laws and regulations
of the federal government.
Both Tripp and I stand ready to respond to any questions that the City may have. Our contact
information is:
Dr. Jonathan L. Kramer, Senior Partner
Telecom Law Firm PC
2708 Wilshire Blvd. Suite 330
Los Angeles, CA 90403
Tel: 310-405-7333
Email: Kramer@TelecomLawFirm.com
Mr. Robert C. May III, Managing Partner
Telecom Law Firm PC
3570 Camino del Rio North, Suite 102 San Diego,
California 92108
Tel: 619-272-6200
Email: Tripp@TelecomLawFirm.com
Sincerely,
Telecom Law Firm, P.C.
by
______________________
Dr. Jonathan L. Kramer, Esq.
It’s Senior Partner
Attachments: (1) TLF’s response to the City’s RFP Requests
(2) Dr. Jonathan Kramer’s CV
(3) Mr. Tripp May’s CV
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Public Works Department
2021 TLF Responses to RFP
October 20, 2021
Page 3
Telecom Law Firm PC
SCOPE OF WORK FOR WIRELESS PROJECT REVIEWS
At the direction of the City, TLF shall provide technical and regulatory non-privileged advice and
reviews to City concerning applications tendered to the City for telecommunications facilities.
Our services, proposed, which follow those we have for years provided to the City, are as follows:
A. Wireless Siting Application Reviews:
1. Application Reviews: As a wireless site application reviewer, a part of the City’s
planning team, TLF will review wireless siting applications and provide the City
with our written compliance and completeness analysis as described below.
2. Memorandum/Memoranda Content:
a. Incomplete Memorandum. Upon receipt of an application by the TLF
directly from the City, TLF will evaluate and identify whether any items that are
required in the City’s wireless application are not completed by the applicant. If
there are incomplete items, the TLF will send the City an “Incomplete
Memorandum” on our letterhead in PDF format by email within:
i. nine (9) calendar days for an initial review of a wireless application
that is submitted by the applicant as a small wireless facility; or
ii. twenty-one (21) calendar days for an initial review of a wireless
application that are submitted by the applicant in a category that is not a small
wireless facilities; or
iii. nine (9) calendar days for a resubmittal review of a wireless
application that was deemed incomplete.
b. Project Memorandum:
Once an application is determined by the City or deemed by operation of law to
be complete, TLF will send the City a Project Memorandum on our letterhead in
PDF format by email addressing, as applicable:
i. identify the regulatory classification under which the project should
be processed (i.e., Section 6409(a); Small Wireless Facility; major
modification; AB 2421 generator permit; new wireless site;
enforcement of prior wireless permit non-compliance issues, etc.);
and
ii. discuss design matters, if any, that may reduce the impact of the
proposed site configuration;
iii. review emergency standby generator request, analyze proposal
under AB2421 requirements;
B-3
Public Works Department
2021 TLF Responses to RFP
October 20, 2021
Page 4
Telecom Law Firm PC
iv. evaluate time, place, and manner considerations for wireless sites
located in the Public Right of Way;
v. assess the planned compliance with federal radio frequency
exposure guidelines established by the Federal Communications
Commission, and;
vi. determine any other wireless site-related issues that TLF, in its
experience and opinion, believes to be relevant or helpful to the
City’s review of the wireless application.
3. Memorandum Revision: At City’s request, without any additional fee, TLF shall
prepare one revision or follow-up to the Incomplete or Project Memorandum. All
subsequent/additional revisions or follow-ups are charged on an hourly basis.
4. Consultation Time:
i. TLF will provide reasonable consultation by telephone, video link, and/or
through e-mail with the City per project at no additional cost for the flat
fee portion of any project.
ii. For any project where hourly charges apply (i.e., after the flat fee portion
of a project), hourly fees for consultations via telephone and/or email may
apply at TLF’s option.
iii. It is understood by the City and TLF that every wireless project is unique as
to location and design, and some projects may not proceed all the way to
an approval or denial, or the project at a given location may be moved by
an applicant to a different location, each of which may necessitate an
entirely new project review under a separate fee at TLF’s option.
B. Attendance at Meetings: As requested by City and subject to TLF’s availability and prior
commitments, TLF will attend City meetings in-person, telephonic, or by video. Meeting
attendance in person will also involve billed travel time from TLF’s office to and from the City.
Meeting attendance is billed at the hourly rates in this Agreement. Travel time to and from the
City for in person meetings will be billed at sixty percent (60%) of the applicable hourly rate.
C. General Consultation: At the City’s request, TLF will engage with the City regarding any
non-privileged communications within the competence of TLF as determined by TLF in any form
on a time available basis for TLF and will be invoiced on an hourly basis (including travel time
from TLF’s office to and from the City as requested by the City billed at sixty percent (60%) of the
applicable hourly charge).
[END OF SCOPE OF WORK FOR WIRELESS PROJECT REVIEWS]
B-4
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Public Works Department
2021 TLF Responses to RFP
October 20, 2021
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Telecom Law Firm PC
CONSULTANT'S SCHEDULE OF FEES
The Consultant consults with and is responsible to the City. The City is responsible payment of
for Consultant invoices. Payment of Consultant’s invoices is not contingent upon the City
receiving any deposit or reimbursement from any party.
1. Flat Fees: Consultant shall perform all flat-rate services described in Scope Of Work
For Wireless Project Reviews, Section A, Subsection 1 through 3 and 4(i) for a fixed fee
of $2,523.00 per project. Project hours are not reported by Consultant for the flat fee
portion of any flat fee projects.
Due to FCC shot clock time limitations, all projects must be submitted to Consultant by
the City in searchable PDF documents within one calendar day of receipt by the City from
the Applicant. Accordingly, Consultant urges the City to enforce a wireless application
requirement that obligates the applicant to tender the entire wireless application,
including all exhibits and attachments, in searchable PDF format, as well as in paper form.
Flat fee projects are billed to the City as a single unit on the first project invoice, which is
issued upon submission of Consultant’s first substantive project memorandum (that can
include a memo regarding an incomplete application, a project review memo, or another
substantive project-related memo).
The flat fee (and any subsequent hourly fees) are fully earned by and payable to
Consultant once the Consultant has provided its first substantive memorandum to the
City, even when the project is subsequently cancelled, abandoned, transferred to a
different location. In the event that a project is tendered to the Consultant by the City
but terminated for any reason prior to issuance of Consultant’s first memorandum, City
shall pay Consultant on the hourly basis set out in this Agreement for all time spent by
Consultant on the project prior to Consultant’s receipt of City’s notice of termination.
2. Hourly Fees: Consultant shall perform all services described in Scope Of Work For
Wireless Project Reviews, Section B and C and all other extra services not described in the
Scope of Work but mutually agreed upon by City and Consultant, on an hourly fee basis
as follows:
Personnel Rate ________
Per Partner or Senior Project Manager $ 330
Per Associate/Of Counsel or Project Manager $ 278
Per Paralegal or Senior Project Assistant $ 206
Per Assistant or Project Assistant $ 124
All time is billed in 0.1-hour (6 minute) units rounded up to the next 0.1 hour unit.
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2021 TLF Responses to RFP
October 20, 2021
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Telecom Law Firm PC
3. Annual Fee Adjustments. The Flat Rate and Hourly Fees set out in this Agreement shall
automatically increase by three percent (3%) on each anniversary of this Agreement.
4. Expenses: City will reimburse the Consultant for all ordinary costs and expenses
reasonably incurred by Consultant in performance of the services provided by Consultant
to City pursuant to this Agreement.
5. The City’s designated point of contact for billing queries is:
______________________________ _______________________
Name and Title Email Address
__________________
Telephone Number
The Consultant’s designated point of contact for billing queries is:
______________________________ ___________________________
Name and Title Email Address
______________________________
Telephone Number
Either party may change its designated point of contact for billing queries at any time
upon ten (10) business days’ written notice to the other.
[END OF ASSOCIATED FEES FOR WIRELESS PROJECT REVIEWS]
Valerie Halvorsen, Business Manager BManager@TelecomLawFirm.com
(310) 312-9900 ext. 135
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Public Works Department
2021 TLF Responses to RFP
October 20, 2021
Page 7
Telecom Law Firm PC
ORGANIZATION AND STAFFING
Dr. Jonathan L. Kramer, Senior Partner and founding attorney (CV attached). Admitted to
practice law in California and New Mexico. 15 years of telecom practice as an attorney, and a
total of 35 years of telecom engineering practice as a RF and broadband engineer. Earlier in 2021
Jonathan also became licensed as a Real Estate Broker in California. For 40 years, Jonathan has
been licensed by the CSLB as a telecommunications contractor. He has an excessive number of
FCC licenses, senior and fellow memberships in telecom engineering societies in the U.S. and
Europe, and is a member of various usual suspect organizations that promote the interests of
governments, such as IMLA, NATOA, SCAN NATOA, etc.
Mr. Robert C. May III, Managing Partner. 13 years with TLF (CV attached).
Admitted in California. Prior to his admission to the California Bar, Tripp started in TLF as the
firm’s first intern. His entire legal career has been devoted to serving government and private
clients. His practice is focused on representing public agencies and landlords in telecom
infrastructure regulations and transactions. He represents the League of California Cities, League
of Oregon Cities, League of Arizona Cities and Towns and dozens more public agencies before the
FCC and federal courts. He represents hundreds of public agencies in telecom regulation,
permitting, leasing, construction, and litigation matters.
Mr. Michael Johnston, Partner. 5 years of telecom practice. Admitted in California. He specializes
in telecommunications land use, leasing and regulatory matters on behalf of public agencies and
private property owners. His regulatory practice primarily involves developing strategies for
compliance with federal and state law applicable to wireline and wireless infrastructure. Mr.
Johnston represented the Cities of Rancho Palos Verdes, Bakersfield, and Fresno and the League
of Oregon Cities, League of California Cities, League of Arizona Cities and Towns in the litigation
against the FCC's Small Cell Order. He currently represents the Cities of Rancho Palos Verdes,
Torrance and Glendora, and the League of California Cities and League of Oregon Cities in the
litigation against the FCC's 5G Upgrade Order that affects local authority over modifications to
existing wireless facilities. Mr. Johnston has co-authored numerous filings on behalf of municipal
coalitions in the FCC’s broadband deployment proceedings. He is admitted to practice in
California and before the United States Court of Appeals for the Ninth and Tenth Circuits.
Mr. David Nagele, Associate. 5 years of telecom practice. Admitted in California. He specializes in
telecommunications transactional and regulatory matters. David drafts and negotiates leases
and licenses for traditional wireless facilities and small cell facilities for both private property
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Public Works Department
2021 TLF Responses to RFP
October 20, 2021
Page 8
Telecom Law Firm PC
landlords and local government clients. He has a particular focus on lease compliance,
enforcement, and cost recovery for his clients. David also develops wireless and wireline policies
and ordinances concerning private property and the public rights-of-way for municipal clients.
He is admitted to practice law in California.
Ms. Sophie Geguchadze, Associate. 3 years of telecom practice. About 1 year with TLF. Admitted
in Washington State, Oregon, and Pennsylvania. Not admitted in California. She specializes in
telecommunications transactional and regulatory matters. Sophie drafts and negotiates leases
and licenses for traditional wireless facilities and small cell facilities for both private property
landlords and local government clients. She has a particular focus on lease compliance,
enforcement, and cost recovery for her clients. She is admitted to practice law in Washington,
Oregon, and Pennsylvania.
Ms. Lory Kendirjian, Senior Project Manager and Senior Paralegal. 7.5 years of telecom
experience. 7.5 years with TLF. Heads TLF’s Wireless Application Processing Staff. She has
processed greater than 3,800 wireless projects for new sites/small cells, modifications renewals
in Oregon, Washington, California, New Mexico, Texas. She supervises TLF staff conducting
project reviews. She has a Master of Laws (LL.M) Internet Law & Policy IT & Telecommunications
Law from the University of Strathclyde. Her dissertation was on “Federal and Local Government
Small Wireless Facilities Policy Frameworks: Using Wireless Siting Applications to Identify and
Bridge Competing Goals and Interests.”
Ms. Joey Isaac, Project Coordinator. 3.5 years of telecom experience. 3.5 years with TLF. She
provides attentive support for both internal employees and external clients. She acts as a liaison
between the two to promote and provide customer service in our operations. With over 10 years
of legal administrative experience, she brings a keen organizational skill along with sharp
attention to detail in the analyzing and reviewing process of submitted documents for wireless
application approvals. She handles administrative and clerical duties in accordance with
management directives to ensure timely and accurate responses to all assignments. She
improves and updates office processes and policies to ensure that the office operates smoothly.
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October 20, 2021
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Telecom Law Firm PC
STAFF QUALIFICATIONS AND EXPERIENCE
The primary contact person/project manager responsible for the overall delivery of the project
is me, Dr. Jonathan Kramer. Jonathan L. Kramer, Esq., J.D., LL.M, LP.D is Telecom Law Firm’s
founder, first managing partner, and now its senior partner. He is also a nationally recognized
radio frequency/broadband technology engineer with over 35 years of experience. Dr. Kramer
has advised and lectured to thousands of local and state government agencies—and three
branches of the military—regarding issues in telecommunications infrastructure agreements,
radio frequency (RF) emissions safety, broadband, fiber optic and cable television law and
technology.
Over the last 25-plus years, Dr. Kramer has served as a telecommunications expert for
government agencies across the United States, including more than 40 engagements as an expert
witness, trial advisor, or both. Dr. Kramer co-authored and co-edited the FCC’s national guidance
on radio frequency emissions safety, “A Local Government Official’s Guide to Transmitting
Antenna RF Emission Safety: Rules, Procedures, and Practical Guidance”.
A lawyer admitted to practice in California and New Mexico, and in the relevant federal district
and appellate courts, Dr. Kramer also holds five FCC licenses and is licensed as a communications
contractor (Class C7, currently inactive) in California. Note that Dr. Kramer is not a registered
professional engineer but is exempted pursuant to Professional Engineers Act (B&P) Section
6746.1. In addition to his Juris Doctor degree, Dr. Kramer holds an LL.M degree in Information
Technology and Telecommunications Law from University of Strathclyde Law School in the United
Kingdom. He completed his Doctorate in Law and Policy from Northeastern University. His thesis
addressed legal and technical issues regarding cell sites near residences. Dr. Kramer currently
serves as an instructor at Northeastern University in the Masters and Doctoral graduate level
programs.
The key personnel to perform the work for the wireless reviews, under my supervision will be
Ms. Lory Kendirjian given her extensive knowledge and experience processing wireless
applications. She has 7.5 years of telecom experience. Ms. Lory Kendirjian, holds an LL.M in
telecommunications law and policy. Her dissertation addressed federal and local government
small wireless facility policy frameworks: using wireless siting applications to identify and bridge
competing goals and interests. She holds a California real estate license. Ms. Kendirjian, a
certificated Paralegal, directly manages TLF’s project/application review team.
Ms. Kendirjian serves as a critical role and participates in important management decisions
relating to wireless application reviews and processing. She and her team, under my supervision
and guidance, reviews each wireless application. Those reviews include wireless application
completeness; federal and state shot clock calculations; jurisdiction-specific ordinance and
design guideline requirements; ADA compliance, inverse condemnations, power and fiber
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2021 TLF Responses to RFP
October 20, 2021
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Telecom Law Firm PC
encroachment permits, fiber backhauls, alternative sites analysis, signal coverage and capacity
requirements and preliminary RF analysis. Leading TLF’s project review team of professionals,
she is responsible for the timely processing and analysis of all wireless projects. Over the past
7.5 years at TLF, she has been involved in over 3,800 wireless siting projects reviews for TLF’s
local government clients.
Ms. Kendirjian will be further assisted, under my supervision, by Ms. Joey Isaac. At this point in
time, TLF does not foresee the need for any subcontractors. As discussed elsewhere in this letter,
our firm is staffed by full time employees; we do not farm out work to 1099 contractors.
Our project path flow is simplicity because the process steps are orderly. After TLF’s intake, Ms.
Kendirjian and Ms. Isaac perform the bulk of the project reviews and initial writing. The writings
then come to me for my review, edits, and then final approvals.
Dr. Kramer Ms. Kendirjian Ms. Isaac Dr. Kramer
By having three different sets of eyes look at projects, our internal quality controls are
strengthened to produce a far more reliable and accountable work product. Moreover, the
project manager and the key staff will remain assigned to this project through the completion of
the Scope of Services of each wireless application.
TLF has for the past 15 years provided local governments with precisely the services requested
by the RFP. TLF advises and represents public agencies in connection with wireless and wireline
telecommunications infrastructure matters, including:
(1) evaluating proposed deployments for compliance with local, state, and federal law.
(2) drafting, revising, implementing, and enforcing telecommunications and wireless
ordinances, policies, design guidelines, procedures, staff reports and resolutions; and
(3) negotiating, drafting, and enforcing communications multiple infrastructure/lease
agreements (MLAs) for deployments in the public rights-of-way and on other government
property.
Through our staff attorneys and wireless siting professionals, we guide our government clients in
understanding and resolving unique issues in telecommunications facilities siting matters while
striking the balance between rapid deployment and community aesthetics that uniquely suits
each community.
Unlike most law firms and consultancies, TLFs professionals understand the technology issues
and industry practices, and the impact on local regulatory and proprietary concerns. Our
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founding partner was a telecommunications engineer for decades before becoming an attorney,
and he holds multiple FCC licenses and a California Contractors License for telecommunications
systems (currently inactive). He has also served as a communications technology expert witness
in over 40 wireless and wireline cases.
We pride ourselves on being educators translating wireless technical issues and practices into
plain English so that our clients can make informed regulatory and policy decisions, and our
clients’ constituents better understand the regulatory setting and limitations faced by local
governments.
Unlike most law or consulting firms, we have direct experience providing the services requested
in this RFP to local public agencies like the City. Past experiences have taught us that wireless
infrastructure deployments—especially those within residential public rights-of-way—raise
sensitive and passionate community concerns that are addressed with high standards, rigorous
analysis, and responsiveness to public participation in the review process. Our professionals
provide the objective perspective municipal staff and officials need to make informed policy
decisions that best respond to local concerns.
A representative list of TLF local government clients in California we have provided the same
basic scope of services sought by the City include, but are not limited to:
Agoura Hills; Bakersfield; Berkeley; Brentwood, Calabasas; Carson; Cerritos; Concord; Costa
Mesa; El Monte; Encinitas; Fountain Valley; Glendora; Antioch; Bakersfield; Brentwood;
Calabasas; Carson; Cerritos, Concord; Danville; El Monte; Encinitas; Fresno; Gardena; Goleta,
Hillsborough; Inglewood; La Mesa; Lakewood; Lawndale; Malibu; Oxnard, Pasadena;
Pleasanton; Richmond; San Marcos; San Pablo; Santa Barbara, Santa Monica, Signal Hill; Simi
Valley; Solana Beach; South Gate; Temecula; Thousand Oaks, and Torrance.
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City of Rancho Palos Verdes
RFP- Wireless Telecommunication Facilities Consulting Services
September 17, 2021
City of Rancho Palos Verdes
Request for Proposals
WIRELESS TELECOMMUNICATION FACILITIES
CONSULTING SERVICES
Public Works Department
Attention: Charles Eder, Senior Engineer
30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275
Phone: 310.544.5252 | Email: publicworks@rpvca.gov
RFP Release Date: September 17, 2021
Request for Clarification Deadline: September 30, 2021
RFP Submittal Deadline: October 14, 2021
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City of Rancho Palos Verdes
RFP- Wireless Telecommunication Facilities Consulting Services
September 17, 2021
WIRELESS TELECOMMUNICATION FACILITIES CONSULTING
SERVICES
The City of Rancho Palos Verdes is requesting proposals from qualified
consulting firms to perform Wireless Telecommunication Facilities
consulting services.
All correspondence and questions regarding this RFP should be submitted via
email to:
Charles Eder, Senior Engineer
Email: publicworks@rpvca.gov
To be considered for this project, submit an electronic copy of the proposal to the
above email address by 4:30PM, on October 14, 2021
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City of Rancho Palos Verdes
RFP- Wireless Telecommunication Facilities Consulting Services
September 17, 2021
TABLE OF CONTENTS
I. Introduction Page 4
II. Project Objective Page 4
III. Project Description and Background Page 4
IV. Scope of Services Page 5
V. Preliminary Project Schedule Page 7
VI. Necessary Qualifications and Submittal
Requirements Page 8
VII. Submission of Proposal Page 10
VIII. Evaluation and Selection Process Page 10
IX. Attachments
Attachment A – Sample Professional Services Agreement
Attachment B – April 16, 2019 Staff Report and City Ordinance
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City of Rancho Palos Verdes
RFP- Wireless Telecommunication Facilities Consulting Services
September 17, 2021
I. INTRODUCTION
The City of Rancho Palos Verdes (City) is a scenic, upscale, residential coastal
community, with a population of approximately 42,000, located on the Palos Verdes
Peninsula of southwestern Los Angeles County.
The City is a contract city, meaning that som e services are provided by contract with
agencies (both public and private) and some services are delivered by the City’s own
employees.
City Government: Rancho Palos Verdes is a General Law City and has operated under
the Council-Manager form of government since its incorporation in 1973. Policy-making
and legislative authority are vested in the governing City Council, which consists of five
Council Members, including the Mayor and Mayor Pro-Tem. The City is fiscally sound and
functions on an annual budget cycle.
The City is seeking a consultant that can review and develop comments, specific to
Wireless Telecommunications Facilities Permit (WTFP) applications that are submitted to
the City from various wireless telecommunications companies. The consultant must be
knowledgeable in the field of wireless telecommunications, their required facilities,
operational requirements, placement, city permitting requirements, and the regulatory
authority for placement of these facilities.
The purpose of this document is to provide proposers with the information needed to
submit a proposal for review by the City and, if selected, enter into a Professional Service
Agreement with the City. Enclosed is a blank Professional Services Agreement form for
proposers’ review.
II. PROJECT OBJECTIVE
The City is requesting proposals from qualified consulting firms to provide professional
services to review and provide analysis of wireless telecommunications facilities
applications. The applications will be reviewed for completeness, compliance, adequacy,
appropriateness for the proposed site, and for any technical or regulatory issues.
III. PROJECT DESCRIPTION AND BACKGROUND
The City requires specialized assistance in reviewing wireless telecommunication
facilities permit applications for completeness with City requirements and compliance
with federal and local regulations.
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City of Rancho Palos Verdes
RFP- Wireless Telecommunication Facilities Consulting Services
September 17, 2021
The federal Telecommunications Act of 1996 was intended to ensure that the public has
sufficient access to telecommunication services. Based on this federal law, the City is not
allowed to prohibit or have the effect of prohibiting the provision of personal wireless
services. The law further restricts the City from dictating, or even considering, wireless
entitlements based on “the environmental (health) effects of radio frequency emissions to
the extent that such facilities comply with the Commission’s regulations concerning such
emissions.” A zoning authority’s mere consideration of health effects, including potential
effects on property values due to potential radio frequency emissions, may not serve as
“substantial evidence” for purposes of denying a wireless facility. The City’s role in the
siting and providing input on proposed designs of wireless telecommunications facilities
(WTFs) is generally limited to aesthetics. See the following link for more information:
https://www.fcc.gov/general/telecommunications-act-1996.
On September 27, 2018, the Federal Communications Commission (FCC) released an
update on the ruling - https://docs.fcc.gov/public/attachments/FCC-18-133A1.pdf. The
City Council, at their April 16, 2019 meeting (Attachment B), adopted an ordinance
based on this FCC ruling to update the regulatory framework and standards for wireless
facilities within the public-right-of-way. The ordinance set the permitting procedures and
updated design and development standards for wireless facilities in the City’s public
right-of-way. The Ordinance also contains a comprehensive list of required application
exhibits and permit conditions that will apply to wireless encroachment permits,
including, but not limited to, acoustic analysis, wind load analysis, FAA documentation,
insurance requirements, indemnity, performance bond for removal upon abandonment,
and maintenance and inspection requirements. Additional applicable information is
provided here: https://www.rpvca.gov/DocumentCenter/View/13827/RPV---ROW-
Wireless-Telecommunications-Ordinance-April-16-2019-PDF
IV. SCOPE OF SERVICES
The City is accepting proposals to perform consulting services including performing
technical, location/placement, and legal analysis of wireless telecommunication facilities
applications submitted to the City.
SCOPE OF WORK
Consultant will review the application material and exhibits for compliance and
completeness. The analysis of the application and its attachments will include, but not be
limited, to: determination of the type of proposed installation; design considerations;
compliance with federal, state, and local regulations; and least intrusive placement of
installation. Depending on the classification of the proposed installation, consultant must
review and respond to the application within nine (9) days for Small Wireless Facilities
(SWFs) – initial submittals and resubmittals – and twenty-one (21) days for larger and
multiple-installation applications. This process is further described below:
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City of Rancho Palos Verdes
RFP- Wireless Telecommunication Facilities Consulting Services
September 17, 2021
1. Review Application: Consultant shall review wireless siting applications and their
exhibits to determine completeness and compliance. Provide City with a written
analysis (in the form of a “Memorandum”).
2. Develop Memorandum:
Consultant shall prepare a Memorandum evaluating the following:
a. application completeness; including completeness of all required
application exhibit files/attachments.
b. regulatory classification under which the project should be
processed (i.e., small wireless facility or SWF; major modification,
new site, etc.);
c. design considerations, if any, that may reduce the impact of the
proposed site configuration;
d. location and appearance considerations for wireless sites located
in the public right-of-way;
e. actual or planned compliance with federal radio frequency
exposure guidelines established by the Federal Communications
Commission;
f. any technical or regulatory issues pertaining to wireless facilities
siting specifically requested by City.
Depending on the nature of the proposal, the Memorandum may also evaluate
the following:
g. applicability and/or compliance with applicable federal and state
regulations for wireless facilities siting;
h. potential issues with applicant’s signal coverage in applicant’s
service as disclosed in the application;
i. whether the applicant proposes the “least intrusive means” to
achieve its technical objectives;
j. potentially feasible or available alternative locations and/or
designs; and/or
k. any other issues that Consultant, in its experience and opinion,
finds relevant or helpful to City’s review.
If an application is deemed incomplete, all possible corrections must be
included in the memorandum. Consultant shall prepare a second memorandum
and follow-up Memorandums until the application is deemed complete or
withdrawn by the applicant.
3. Consultation Time:
Consultant shall provide consultation services by telephone and/or e-mail to
City and, if requested by City, to the applicant on matters related to the wireless
siting application.
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City of Rancho Palos Verdes
RFP- Wireless Telecommunication Facilities Consulting Services
September 17, 2021
It is understood by the Parties that each wireless project is unique as to location
and/or design, some projects may not proceed all the way to an approval or
denial, and projects may be moved to a different location. Accordingly, the
specific project review performed by Consultant may not necessarily include all
of the components listed above and may include components, items and/or
address issues not listed above.
4. Attendance at Meetings:
Consultant shall attend any meetings at City Hall or at any project site, as
requested by City, subject to Consultant’s availability.
5. General Consultation:
As needed, Consultant shall meet or confer with City regarding any
communications within the area of Consultant’s expertise in any form subject to
Consultant’s availability.
Consultant shall complete other tasks deemed necessary for the accomplishment of
a complete and comprehensive outcome as described in the project objective.
Consultant shall expand on the above-noted tasks, where appropriate, and provide
suggestions which might lead to efficiencies and enhance the results or usefulness of
the work.
Deliverables
As part of the Services, Consultant will prepare and deliver the following tangible work
products to the City.
1. Memorandum to City, including any response attachments, within twenty-one
(21) days for wireless projects not involving SWFs, within nine (9) days for
wireless projects involving SWF, and within nine (9) days for resubmitted
wireless project applications that are deemed incomplete.
2. A monthly Summary Memorandum to include list of applications, key
comments, and status.
3. Electronic and hard copy files generated during review process.
City staff may request that check-sets or working versions of documents be submitted for
ongoing routine review. City staff will review all deliverables, including preparatory or
record materials for service deliverables, and provide comments. Consultant is required
to revise draft deliverables to address City staffs’ comments.
V. PRELIMINARY PROJECT SCHEDULE
A. RFP Schedule
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City of Rancho Palos Verdes
RFP- Wireless Telecommunication Facilities Consulting Services
September 17, 2021
The following is the anticipated schedule for the RFP process:
Request for Proposal available September 17, 2021
Request for Clarification due September 30, 2021
Proposals due October 14, 2021
Firm Interviews (if necessary) October 2021
Anticipated Notice of Award November 16, 2021
B. Anticipated Project Schedule
Application Review 21 Calendar Days after non-SWF 1st submittal
9 Calendar Days after SWF 1st submittal
9 Calendar Days after application re-submittal
Attendance at Meetings As Needed
General Consultation As Needed
Please note that this schedule is preliminary. It is included to provide the Consultant with
a sense of the expected timeline for the Scope of Service and emphasize the urgent
nature of the work and the City’s expectation that the Scope of Services will be
completed as quickly as possible. The ideal Consultant candidate will have available
resources and personnel, either in-house or under subcontract, to ensure the completion
of the Scope of Services at the earliest possible time.
VI. NECESSARY QUALIFICATIONS AND SUBMITTAL REQUIREMENTS
1. Only one proposal per firm will be considered.
2. The submittal should be as brief as possible while adequately describing the
qualifications of the firm. The submittal shall be sent as a PDF via email to
Charles Eder, Senior Engineer at publicworks@rpvca.gov.
3. The proposing firm shall submit the following information with the package,
including the same information for subcontractors, in the following format:
a) Cover Letter: Provide the name, address, and phone number of the firm; the
present staff (size, classification, credentials); the primary contact’s name,
phone number, and email address; any qualifying statements or comments
regarding the proposal; and identification of any sub-consultants and their
responsibilities. Identify the firm’s type of organization (individual, partnership,
corporation), including names and contact information for all officers, and proof
that the organization is currently in good standing. The signed letter should
also include a paragraph stating that the firm is unaware of any conflict of
interest in performing the proposed work. (No more than two pages)
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City of Rancho Palos Verdes
RFP- Wireless Telecommunication Facilities Consulting Services
September 17, 2021
b) Approach to Scope of Services: Re-state the Scope of Services with any
additions, expansions, clarifications, or modifications that the firm proposes in
order to provide the services and produce the deliverables contained in this
RFP. Describe how completing the Scope of Services will be approached and
any cost-saving or value-adding strategies or innovations the firm will bring to
the project. (No more than two pages)
c) Organization and Staffing: Identify the person who will be the Project Manager
and primary contact person responsible for the overall delivery of the project.
Provide an organizational chart of the project team that clearly delineates
communication and reporting relationships among the project staff and among
the sub-consultants involved in the project. Identify key personnel to perform
work in the various tasks and include major areas of subcontracted work.
Indicate the expected contributions of each staff member in time as a
percentage of the total effort. Specifically show the availability of staff to
provide the necessary resource levels to meet the City’s needs. Indicate that
the Project Manager and key staff will remain assigned to this project through
completion of the Scope of Services. (No more than two pages)
d) Staff Qualifications and Experience: Describe qualifications of the assigned
staff and sub-contractors including relevant technical experience. Staff
assigned to complete the Scope of Services must have p revious experience in
providing the necessary services as described under the Scope of Services. A
registered Professional Engineer must be the Project Manager.
Description of Consultant’s experience should include:
• Prior Experience: Demonstrate that the firm has significant experience
providing services similar to those described under the Scope of Services.
(No more than two page)
• Staff Qualifications: Provide resumes for the Project Manager and any
other key staff members to be assigned to contribute to the Scope of
Services, with an emphasis on similar services which they provided to
other agencies. (No more than ten pages)
• Reference Projects: Include at least three projects with similar scope of
services performed by the project team within the past three years and
indicate the specific responsibilities of each team member on the reference
project. Provide contact information for each client. (No more than ten
pages)
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City of Rancho Palos Verdes
RFP- Wireless Telecommunication Facilities Consulting Services
September 17, 2021
e) Project Schedule: Provide a detailed critical-path-method schedule for
completion of the tasks and sub-tasks required to accomplish the scope of
work. Note all deliverables and interim milestones on the schedule. (No more
than one 11” x 17” page)
f) Quality Control Plan: Describe the quality control procedures and associated
staff responsibilities which will ensure that the deliverables will meet the City’s
needs. (No more than one page)
g) Acceptance of Conditions: State the offering firm’s acceptance of all conditions
listed in the Request for Proposal (RFP) document and Sample Professional
Services Agreement (Attachment A). Any exceptions or suggested changes to
the RFP or Professional Services Agreement (PSA), including the suggested
change, the reasons therefore and the impact it may have on cost or other
considerations on the firm’s behalf must be stated in the proposal. Unless
specifically noted by the firm, the City will rely on the proposal being in
compliance with all aspects of the RFP and in agreement with all provisions of
the PSA. (No more than one page)
VII. Submission of Proposal
A. Requests for Clarification
Requests for clarification of the information contained herein shall be submitted in
writing prior to 4:30 pm on September 30, 2021. Responses to any clarification
question will be provided to each firm from which proposals have been requested.
It is highly recommended that the prospective consultant firms visit the City to
view the project location prior to submitting a request for clarification.
B. Confirmation Email
Upon submission of proposal to the City, the proposing firm shall request an email
confirmation that the proposal was received and retain the email as a record. If an
email confirmation is not received, the proposing firm shall correspond with the City
until a confirmation is received.
VIII. EVALUATIONS AND SELECTION PROCESS
1. Proposals Will be Evaluated Based on the Following Criteria:
a) Approach to Scope of Services (20%)
• Understanding of the Scope of Services as demonstrated by the
thoroughness of the proposal, introduction of cost-saving or value-adding
strategies or innovations (including those applying to overall project
schedule), and an overall approach most likely to result in the desired
outcome for the City.
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City of Rancho Palos Verdes
RFP- Wireless Telecommunication Facilities Consulting Services
September 17, 2021
b) Proposal Schedule (10%)
• Ability to complete the work in the shortest schedule possible (excluding
time for review and community meetings).
c) Staff Qualifications and Experience (40%)
• Relevance of experience of the proposing firm (to provide support
resources to the project team)
• Relevance of experience and strength of qualifications of the Project
Manager
• Relevance of experience and strength of qualifications of the key personnel
performing the work
• Relevance of referenced projects and client review of performance during
those projects
d) Organization and Staffing (20%)
• Availability of key staff to perform the services throughout the duration of
the project
• Assignment of appropriate staff in the right numbers to perform the Scope
of Services
• Appropriate communication and reporting relation ships to meet the City’s
needs
e) Quality Control (10%)
• Adequate immediate supervision and review of staff performing the work as
well as appropriate independent peer review of the work by qualified
technical staff not otherwise involved in the project.
2. Selection Process
An evaluation panel will review all proposals submitted and select the top proposals.
These top firms may then be invited to make a (virtual) presentation to the
evaluation panel, at no costs to the City. The panel will select the proposal, if any,
which best fulfills the City’s requirements. The City will then further refine the scope
and schedule with that firm and request a fixed cost, per application review, fee
proposal. The City will negotiate the fee with that firm. The City reserves the right
to negotiate special requirements and proposed service levels using the selected
proposal as a basis. If the City is unable to negotiate an agreeable fee for services
with top firm, the City will negotiate with the next firm chosen among the top firms.
3. Award Notification
The City will notify all proposers in writing of the outcome of the selection process
and intent to award. This RFP does not commit the City to award an agreement,
nor pay any costs incurred in the preparation and submission of the proposal in
anticipation of an agreement. The City reserves the right to reject any or all
proposals, or any part thereof, to waive any formalities or informalities, and to award
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City of Rancho Palos Verdes
RFP- Wireless Telecommunication Facilities Consulting Services
September 17, 2021
the agreement to the proposer deemed to be in the best interest of the City and the
Department.
4. Award of Agreement
The selected firm shall be required to enter into a written agreement (see sample
City agreement in Attachment A) with the City, in a form approved by the City
Attorney, to perform the Scope of Services. This RFP and the proposal, or any part
thereof, may be incorporated into and made a part of the final agreement; however,
the City reserves the right to further negotiate the terms and conditions of the
agreement with the selected consultant. The agreement will, in any event, include
a maximum "fixed cost" to the City.
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