CC SR 20231114 H - Willdan PSA for Code Enforcement
CITY COUNCIL MEETING DATE: 11/14/2023
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to award a professional services agreement to Willdan
Engineering for contract temporary code enforcement services.
RECOMMENDED COUNCIL ACTION:
1) Approve a professional services agreement with Willdan Engineering in the amount
of $80,000 to provide temporary code enforcement services in the Community
Development Department for up to six months during the recruitment process and
authorizing the City Manager to extend the term an additional six months as deemed
necessary; and
2) Authorize the Mayor and City Clerk to execute the agreement in a form approved by
the City Attorney.
FISCAL IMPACT: The action will result in a City expenditure of up to $80,000 which will
be funded using Professional Services in the Code Enforcement
program and from unspent salary budget through vacancies in the
Community Development Department in FY2023-24.
Amount Budgeted: $80,000
Additional Appropriation: None
Account Number(s): 101-400-4140-5101 VR
(General Fund – Code Enforcement/Professional Services)
ORIGINATED BY: Lisa Garrett, Administrative Analyst II
REVIEWED BY: Brandy Forbes, AICP, Director of Community Development
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Professional Services Agreement with Willdan Engineering (page A-1)
B. Proposal from Willdan Engineering (Page B-1)
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BACKGROUND AND DISCUSSION:
The Code Enforcement Division in the Community Development Department performs
multiple key functions and field work related to enforcement of the City’s Municipal Code,
providing information and assistance to residents for municipal code compliance,
overseeing the Coyote and Peafowl Management Plan, overseeing Animal Control
services, overseeing the City’s prohibition of short-term rentals, and enforcing the Public
Nuisance Ordinance. The division is budgeted for two full-time Code Enforcement
Officers for Fiscal Year 2023-24.
On October 3, 2023, one of the two budgeted Code Enforcement Officers resigned his
position to pursue another career opportunity. This leaves a vacancy critical to the daily
operations of the Code Enforcement Division.
To continue to provide basic services within the Code Enforcement Division as the City
undergoes the recruitment process, Staff recommends onboarding a contract temporary
Code Enforcement Officer to assist with code enforcement daily operations. Staff intends
to utilize the contract Code Enforcement Officer on a full-time temporary basis until the
vacant budgeted position is filled. Recruitment efforts are estimated to be no more than
six months, as reflected in the term of the attached professional services agreement
(Attachment A).
Staff solicited proposals from two firms known to provide such services and Willdan
Engineering was the only firm to present the City with a proposal. S taff concluded that
Willdan Engineering is qualified to perform the code enforcement services.
CONCLUSION:
Staff recommends the City Council approve the Professional Services Agreement with
Willdan Engineering for a not-to-exceed amount of $80,000 with a term not to exceed six
months, with an option for the City Manager to extend the term an additional six months
as deemed necessary.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available for
the City Council’s consideration:
1. Do not authorize the professional services agreement with Willdan Engineering.
Such a decision will delay response times in resolving code enforcement cases
and applications until the vacant position is filled and training is completed.
2. Take other action, as deemed appropriate.
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PROFESSIONAL SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
WILLDAN ENGINEERING
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AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
WILLDAN ENGINEERING
THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is made and
entered into on November 14, 2023 by and between the CITY OF RANCHO PALOS
VERDES, a California municipal corporation (“City”) and WILLDAN ENGINEERING, a
California Corporation (“Consultant”). City and Consultant may be referred to, individually or
collectively, as “Party” or “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals, the performance of the
services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal for the performance of the
services defined and described particularly in Article 1 of this Agreement, was selected by the
City to perform those services.
C. Pursuant to the City of Rancho Palos Verdes Municipal Code, City has authority
to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of
those services defined and described particularly in Article 1 of this Agreement and desire that
the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by
the Parties and contained herein and other consideration, the value and adequacy of which are
hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall
provide those services specified in the “Scope of Services”, as stated in the Proposal, attached
hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein
as the “services” or “work” hereunder. As a material inducement to the City entering into this
Agreement, Consultant represents and warrants that it has the qualifications, experience, and
facilities necessary to properly perform the services required under this Agreement in a thorough,
competent, and professional manner, and is experienced in performing the work and services
contemplated herein. Consultant shall at all times faithfully, competently and to the best of its
ability, experience and talent, perform all services described herein. Consultant covenants that it
shall follow the highest professional standards in performing the work and services required
hereunder and that all materials will be both of good quality as well as fit for the purpose
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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 DIR determination of the prevailing rate of per diem
wages, and Consultant shall post a copy of the same at each job site where work is performed
under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with
and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment
of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The
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Consultant shall, as a penalty to the City, forfeit $200 (two hundred dollars) for each calendar
day, or portion thereof, for each worker paid less than the prevailing rates as determined by the
DIR for the work or craft in which the worker is employed for any public work done pursuant to
this Agreement by Consultant or by any subcontractor.
(d) Payroll Records. Consultant shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as
specified in Section 1776; certify and make such payroll records available for inspection as
provided by Section 1776; and inform the City of the location of the records.
(e) Apprentices. Consultant shall comply with and be bound by the provisions
of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8,
Section 200 et seq. concerning the employment of apprentices on public works projects.
Consultant shall be responsible for compliance with these aforementioned Sections for all
apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall
provide City with a copy of the information submitted to any applicable apprenticeship program.
Within 60 (sixty) days after concluding work pursuant to this Agreement, Consultant and each of
its subconsultants shall submit to the City a verified statement of the journeyman and apprentice
hours performed under this Agreement.
(f) Eight-Hour Work Day. Consultant acknowledges that 8 (eight) hours labor
constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code
Section 1810.
(g) Penalties for Excess Hours. Consultant shall comply with and be bound by
the provisions of Labor Code Section 1813 concerning penalties for workers who work excess
hours. The Consultant shall, as a penalty to the City, forfeit $25 (twenty five dollars for each
worker employed in the performance of this Agreement by the Consultant or by any
subcontractor for each calendar day during which such worker is required or permitted to work
more than 8 (eight) hours in any one calendar day and 40 (forty) hours in any one calendar week
in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of 8
(eight) hours per day, and 40 (forty) hours during any one week shall be permitted upon public
work upon compensation for all hours worked in excess of 8 hours per day at not less than one
and 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% (fifteen percent)
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 $80,000 (Eighty Thousand Dollars) (the “Contract Sum”),
unless additional compensation is approved pursuant to Section 1.9. Annual compensation shall
not exceed $80,000 (Eighty Thousand Dollars), the Contract Sum.
2.2 Method of Compensation.
(a) 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.
(b) A retention of 10% shall be held from each payment as a contract retention to be
paid as part of the final payment upon satisfactory and timely completion of services. This
retention shall not apply for on-call agreements for continuous services or for agreements for
scheduled routine maintenance of City property or City facilities.
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.
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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
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 60 (sixty) 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
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this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement
pursuant to this Section.
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 six
months from the date hereof, except as otherwise provided in the Schedule of Performance
(Exhibit “D”). The City may, in its discretion, extend the Term an additional six-months.
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:
John (Terry) Cox Project Manager
(Name) (Title)
Albert Brady, C.B.O. Deputy Dir.
(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.
3.5 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,
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employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or
agents, shall obtain any rights to retirement, health care or any other benefits which may
otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may
have to any such rights.
3.6 Contract Officer.
The Contract Officer shall be Octavio Silva, Deputy Director of Community
Development or such person as may be designated by the Community Development Director. It
shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the
progress of the performance of the services and the Consultant shall refer any decisions which
must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of
City required hereunder shall mean the approval of the Contract Officer. The Contract Officer
shall have authority, if specified in writing by the City Manager, to sign all documents on behalf
of the City required hereunder to carry out the terms of this Agreement.
3.7 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 a joint venturer or a member of any
joint enterprise with Consultant.
3.8 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 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 4. INSURANCE AND INDEMNIFICATION
4.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to com mencement 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 insured
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”.
4.2 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 specifi cations 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.
4.3 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
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services hereunder. The provisions of this Section do not apply to claims or liabilities occurring
as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent
permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence,
except that design professionals’ indemnity hereunder shall be limited to claims and liabilities
arising out of the negligence, recklessness or willful misconduct of the design professional. The
indemnity obligation shall be binding on successors and assigns of Consultant and shall survive
termination of this Agreement.
ARTICLE 5. RECORDS, REPORTS, AND RELEASE OF INFORMATION
5.1 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.
5.2 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.
5.3 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
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Agreement shall be the property of City and shall be delivered to City upon request of the
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.
5.4 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 6. ENFORCEMENT OF AGREEMENT AND TERMINATION
6.1 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.
6.2 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.
6.3 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.
6.4 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.
6.5 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.
6.6 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.
6.7 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 thirty (30) days’ written notice to Consultant,
except that where termination is due to the fault of the Consultant, the period of notice may be
such shorter time as may be determined by the Contract Officer. 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.
6.8 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.
6.9 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 7. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
7.1 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.
7.2 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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7.3 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 reg ard to their race, color, creed,
religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other
protected class.
7.4 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 8. MISCELLANEOUS PROVISIONS
8.1 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
72 (seventy-two) hours from the time of mailing if mailed as provided in this section.
8.2 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.
8.3 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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8.4 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.
8.5 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.
8.6 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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8.7 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
John Cruikshank, Mayor Pro Tem
ATTEST:
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CONSULTANT:
WILLDAN ENGINEERING, a California
corporation
By:
Name: Vanessa Munoz
Title: President
By:
Name: Kate Nguyen
Title:
Address: 2401 E. Katella Ave. Suite 300
Anaheim, CA 92806
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 __________, 2023 before me, ________________, personally appeared ________________, proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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□ □
□ □ □ □ □ □
□
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2023 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.
A-25
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□ □ □ □ □ □
□
A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following on-call code enforcement services:
A. Investigate complaints from the public and staff regarding violations of the
municipal codes, ordinances, standards and health and safety regulations.
B. Identify municipal code violations.
C. Initiate contact with residents, business representatives, and other parties to
explain the nature of the violations and encourage voluntary compliance with
municipal codes, zoning and land use ordinances, and community standards.
D. Prepare notices of violation, letters, and administrative citations for non-
compliance according to applicable codes and regulations.
E. Prepare reports for cases requiring legal action or civil abatement.
F. Document all complaints received, inspections conducted through photos, notes
and correspondence.
G. Conduct inspections and reinspections.
H. When required, meet with legal counsel and provide testimony on criminal cases.
I. Maintain records of complaints, inspections, violation notices and other field
enforcement activities.
J. Coordinate with City departments on cases as they relate to code enforcement.
II. All work product is subject to review and acceptance by the City and must be revised by
the Consultant without additional charge to the City until found satisfactory and accepted
by City.
III. Consultant will utilize the following personnel to accomplish the Services:
A. Contract Code Enforcement Officer TBD
A-26
B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text indicated in bold italics, deleted text indicated in strikethrough.
[INTENTIONALLY LEFT BLANK]
A-27
C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform services at the following rates, for a maximum of 1,066
hours during the Term.
II. Within the budgeted amounts for each Task, and with the approval of the Contract
Officer, funds may be shifted from one Task subbudget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 1.9.
III. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours
worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials,
and travel properly charged to the Services.
A-28
Fee Schedule
Willda11 will p rovide cont ract code enforcement se rvices to the City of Rancho Pa llos Verdes for a f lat
hourly rate based on the Willdan h ourly r at e sche d ule below. Al l rates and costs sha ll be effective through
the term of the ag r eement.
L."l ~ •rn r•:a !l ffl\~Jlll ~ 11 1:r1111:~
Code Enforcement Officer $75/ihour
Sr. Code Enfon:emen,t Officer $90/ihour
Code Enforcement Sup e rvisor $110/houi
Code Efilfoicement Manager/Consultant $135/houi
Shou ld Wi lldan be required t o provide vehicles for the officers, an add itional! $10/h r will be added to the
rate.
NOTE: overtime rates of 1.Sx the regular hourly rate will be charged for al l overtime hou rs worked.
C-1
IV. The total compensation for the Services shall not exceed the Contract Sum as
provided in Section 2.1 of this Agreement.
V. The Consultant’s billing rates for all personnel are attached as Exhibit C-1. Not
applicable.
A-29
D-1
EXHIBIT “D
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following
schedule:
A. The services shall be provided on an on-call basis, as requested by the City’s
Contract Officer.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2. Any further extensions require City Council approval.
A-30
October 5, 2023
Ms. Lisa Garrett
Administrative Analyst II
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Subject: Code Enforcement Services
Dear Ms. Garrett:
Willdan Engineering (Willdan) appreciates the opportunity to submit this proposal to provide contract
code enforcement services to the City of Rancho Palos Verdes. We have outlined our approach to the
services requested and presented our key staff in the attached document.
With a history spanning 59 years in municipal consulting services, Willdan Engineering (Willdan) has
solidified a reputation for delivering unparalleled code compliance solutions to municipalities across the
State of California. Our extensive expertise, dedication to excellence, and proven track record in
providing exceptional code enforcement services uniquely position us as a prime candidate to assist the
City of Rancho Palos Verdes.
Understanding the pivotal role that effective code enforcement plays in nurturing a thriving
municipality, we are well-equipped to provide tailored and comprehensive code services that cater to
the specific needs of each client. Our portfolio is a testament to our capabilities, having successfully
supported numerous jurisdictions, including noteworthy clients such as the cities of La Puente,
Torrance, Long Beach, Laguna Beach, Orange County, and San Diego County.
At Willdan, our code enforcement management team is composed of seasoned professionals, each
bringing their extensive experience to the table. Our team includes Deputy Director Al Brady (32 years
of code enforcement experience), Code Enforcement Manager Terry Cox (25 years), Code Supervisor
Albert Brady (22 years), Code Consultant John Poole (40 years), Code Consultant Ed Nicholls (35 years),
and Code Consultant Scott Barber (30 years). Furthermore, our roster of code enforcement officers
comprises former code directors, managers, supervisors, senior-level officers, and experienced code
enforcement specialists.
In the attached proposal, we define our comprehensive approach to the array of code enforcement
services we provide. This document also introduces our key staff who would be dedicated to the success
of the proposed project. Should you have any questions or require additional information, please do
not hesitate to contact me at (951) 454-3539 or Mr. Cox at (562) 233-8969.
We are excited about the potential collaboration and the opportunity to contribute to the continued
progress and security of the City of Rancho Palos Verdes.
Thank you for your consideration.
WILLDAN ENGINEERING
Albert Brady, CBO
Deputy Director of Building & Safety
E: abrady@willdan.com
B-1
562.908.6200 I 800.499.4484 I fax: 562.695.2120 I 13191 Crossroads Parkway North, Suite 405, Industry, California 91746-3443 I www.w illdan.com
City of Rancho Palos Verdes
Table of Contents
Firm Profile .................................................................................................................................. 1
Scope of Work ............................................................................................................................. 2
Project Manager .......................................................................................................................... 3
Fee Schedule ................................................................................................................................ 4
Related Experience ...................................................................................................................... 4
References .................................................................................................................................... 6
Resumes ....................................................................................................................................... 7
B-2
City of Rancho Palos Verdes
City of Rancho Palos Verdes Code Enforcement Services
Page | 1
Firm Profile
Willdan Engineering, a California corporation since 1964, is a subsidiary of Willdan Group, Inc., a publicly
traded Delaware corporation. Services are provided to nationwide clientele through three subsidiary
firms – Willdan Engineering, Willdan Energy Solutions, and Willdan Financial Services – that offer a
portfolio of diversified strengths. Throughout our history, Willdan
Engineering (Willdan) has served as a full-service, multi-disciplinary firm
specializing in building safety, municipal engineering, planning, and
construction management and inspection services, along with a full
complement of support disciplines.
Willdan stands out from other providers through our additional
resources, availability, high-level oversight, and on-time performance.
Our ability to provide additional resources, such as dedicated project
management staff, state-of-the-art technology, and specialized
expertise, sets us apart from other firms. We also prioritize availability,
with an on-site team ready to respond to emergencies and urgent
requests.
Our approach to service provision is based on responsiveness, cost-control measures, and practical
training programs. We understand the importance of timely and efficient service delivery, and our team
is committed to providing quick response times while maintaining cost-effectiveness. We prioritize
effective training programs to ensure our staff possesses the necessary skills and knowledge to perform
their duties to the highest standards.
Code Enforcement
Willdan’s code enforcement management team possesses over 100 years of experience
in code program development and oversight. Our team is available to perform program
assessments and make recommendations to improve code divisions. Our staff members
review entire programs and provide analysis of specific program areas such as code
databases, revenue collection efforts, policies and procedures, and community-based
neighborhood improvement programs.
In addition, our team of code enforcement personnel assists jurisdictions with the difficult task of
maintaining the quality of life for their citizens. Willdan's staff offers extensive public agency experience
in the areas of neighborhood preservation, housing inspection, and code enforcement. Our expertise
includes the development and implementation of inspection programs designed to ensure public safety,
promote community involvement, and protect the quality of life issues through community education
and enforcement of municipal and related codes including preparation for, and participation in,
prosecution by city and district attorneys.
Code Enforcement Services
Staffing: We provide highly skilled personnel on a full-time or part-time basis for both short-
term and long-term projects. Our staff is available to work evenings, weekends, and on an
as-needed or on-call basis. Our team has extensive public agency experience and can staff
individual positions or a full division.
Development & Implementation: Willdan offers support in such areas as municipal code
amendments, specialized programs, revenue protection and collection programs, and
community-based neighborhood improvement programs.
B-3#COMPREHE N S IVE.
INNOV ATI V E.
TRUSTED.
IN B U SIN ESS FOR
. 59 Years
• /' PU BLICLY I NASDAQ: ~. • I T RAD ED WLDN I I I COMPANY
City of Rancho Palos Verdes
City of Rancho Palos Verdes Code Enforcement Services
Page | 2
Management: We have talented management personnel with all levels of experience to
serve as code enforcement directors, code compliance managers, and code supervisors.
Analysis: Our staff has reviewed entire programs for several municipalities but can also
provide analysis of specific program areas such development of policies and procedures and
community-based neighborhood improvement programs.
Other Services: Willdan offers expert support with a multitude of other services including
grant proposal writing, community education, neighborhood clean-up events, graffiti
prevention, and civil abatements and receiverships.
Code enforcement services are among the most complex and challenging services that government
agencies provide. According to nationwide studies, property values, crime rates, insurance rates,
business development, and the sense of community pride can be directly impacted by the successes of a
jurisdiction’s code enforcement program.
Willdan provides the following Code Enforcement Services:
• Inspection services for HUD section 8 programs.
• Review, study, and analysis of existing programs.
• Development of ordinances and writing of grant proposals.
• Neighborhood cleanup and improvement programs.
• Community education programs.
• Development of educational materials.
• Provide project managers and/or supervisors as onsite
“employees.”
• Provide full-time, part-time, interim, and/or weekend staff as onsite “employees.”
• Vehicle abatement and parking enforcement.
• Assist in enforcement, including preparation and participation in prosecution by city and
district attorneys.
• Illegal street/food vendor enforcement.
• The registration and enforcement of vacation rentals.
• The regulation of group and/or sober living homes.
• The operation of rental inspection programs.
• Inspection, regulation, and enforcement of marijuana dispensaries and grow houses.
B-4
e Sta ffing
• Se n ior code officers
• Co de compliance
Inspector s
• Co de technicians
• Clerical support
....,. &~/CO M PRE H EN S IV E. -vv INN O V A TIV E.
TR USTED.
Ci Manag e m e nt
• Code enforcement
d ir ectors
• Code co m p liance
ma n age r s
• Code su perviso r s
~ An a lysis
• Code dat abases
• Reven ue co l lect ion effort s
• Po licies an d proced ures
• Commun ity base d
nei ghborhood i mprovem ent
progr ams
City of Rancho Palos Verdes
City of Rancho Palos Verdes Code Enforcement Services
Page | 3
Contract Code Inspection Services
The project shall consist of Willdan staff coordinating with the City of Rancho Palos Verdes Community
Development Department and providing Code Enforcement staff to the City. Willdan staff shall conduct
inspections and re-inspections of code enforcement cases and will also identify and enforce all violations
of the City’s municipal code, ordinances, laws, and all applicable statutes as directed by City personnel.
Willdan employees shall issue notifications, letters, and citations when necessary to achieve compliance.
Staff will be required to document all complaints received, and inspections conducted through photos,
notes, and correspondence. In addition to the services mentioned above, Willdan employees would
provide the following to the City as needed (this is not intended to be a comprehensive list):
▪ Investigate complaints from the public and staff regarding violations of the municipal codes,
ordinances, standards, and health and safety regulations.
▪ Initiate contact with residents, business representatives, and other parties to explain the nature
of the violations and encourage voluntary compliance with municipal codes, zoning and land use
ordinances, and community standards.
▪ Prepare notices of violation for non-compliance according to applicable codes and regulations.
▪ Prepare reports for cases requiring legal action or civil abatement.
▪ When required, meet with legal counsel, and provide testimony on criminal cases.
▪ Maintain records of complaints, inspections, violation notices, and other field enforcement
activities.
▪ Coordinate with City departments on cases as they relate to code enforcement.
Project Management
Al Brady shall be the Principal in charge of this project. Mr. Brady has over 30 years of experience in the
code profession and has provided contract code services to approximately 100 municipalities in California,
Arizona, and Nevada. He specializes in developing new code programs, improving existing divisions,
revenue enhancement, ordinance revisions, maximizing staff efficiency, and enhancing customer
relations.
Terry Cox shall be the Project Manager with final oversight of the contract. Mr. Cox has over 25 years of
experience in the code profession and has provided contract code services to multiple municipalities in
California. His expertise lies in the development of innovative code programs, enhancement of existing
departments, effective management of vendor enforcement operations, revision of ordinances, provision
of staff training, optimization of staff productivity, and improvement of customer relationships.
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City of Rancho Palos Verdes Code Enforcement Services
Page | 4
Fee Schedule
Willdan will provide contract code enforcement services to the City of Rancho Palos Verdes for a flat
hourly rate based on the Willdan hourly rate schedule below. All rates and costs shall be effective through
the term of the agreement.
SERVICE PROVIDED HOURLY RATE
Code Enforcement Officer $75/hour
Sr. Code Enforcement Officer $90/hour
Code Enforcement Supervisor $110/hour
Code Enforcement Manager/Consultant $135/hour
Should Willdan be required to provide vehicles for the officers, an additional $10/hr will be added to the
rate.
NOTE: Overtime rates of 1.5x the regular hourly rate will be charged for all overtime hours worked.
Related Experience
City of La Puente – Project Manager. Provided interim code enforcement management and supervisory
staff who were responsible for temporarily overseeing the city’s code program.
City of Downey – Project Manager. Providing interim code enforcement management staff.
City of Los Alamitos - Directed and participated in review of the city’s code enforcement policy and
procedures and made recommendations for changes, as necessary. Additionally, provided interim code
enforcement staff and a Community Development Director.
City of Superior, AZ - Direct and participate in the review of the city’s code enforcement policy and
procedures and make recommendations for changes, as necessary. Development and Implementation
of a Nuisance and an Administrative Citation Ordinance.
City of Palm Desert – Project Management. Provided code enforcement staff on a contract basis to
address unregistered and non-compliant vacation rentals.
City of Desert Hot Springs – Project Manager. Providing interim code enforcement staff.
City of South Pasadena – Project Manager. Providing interim code enforcement staff.
City of Big Bear Lake – Project Manager. Provide seasonal code enforcement staff for the enforcement
of short-term lodging.
City of Laguna Beach – Project Manager. Provided code enforcement staff on a contract basis to
address unregistered and non-complaint vacation rentals.
City of Irwindale – Project Manager. Provided municipal code enforcement services including
monitoring of a local racetrack for compliance with the City Sound Ordinance on an interim basis.
B-6#CO MP RE H EN S IVE.
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City of Rancho Palos Verdes Code Enforcement Services
Page | 5
City of Long Beach – Project Manager. Provided interim code enforcement staff who were responsible
for enforcing the City’s Municipal Code.
City of Manhattan Beach – Project Manager. Provided interim code enforcement staff.
City of Hermosa Beach – Project Manager. Providing interim code enforcement staff.
City of Laguna Hills – Project Manager. Assisted the city in the development of a public education
program concerning the city’s code program.
City of Hawaiian Gardens – Project Manager. Assisted the City of Hawaiian Gardens in developing and
implementing an Administrative Citation program.
City of Rosemead - Project Manager. Provided interim code enforcement staff to inspect targeted areas
of the city to facilitate neighborhood improvements.
City of San Clemente – Project Manager. Provided interim Code Enforcement staff to assist with their
Code Enforcement Program.
City of La Canada Flintridge - Direct and participate in the review of the city’s code enforcement policy
and procedures and make recommendations for changes, as necessary. Development and
Implementation of a Nuisance, Cost Recovery and an Administrative Citation Ordinances. Provided
interim code enforcement staff to conduct inspections and facilitate neighborhood improvements.
City of Huntington Beach – Project Manager. Provided interim Code Enforcement staff to assist with
their Code Enforcement Program.
City of Del Mar - Provided interim code enforcement staff to the City and managed their entire Code
program.
City of Newport Beach - Provided interim code enforcement staff to the City and managed their entire
Code program.
It should be noted that the projects listed above is are not a comprehensive list of all our past code
clientele but represents a small portion of the Municipalities we have served. We have also successfully
provided service to the following jurisdictions:
• Bradbury
• Costa Mesa
• Desert Hot Springs
• El Monte
• Folsom
• Fountain Valley
• Laguna Woods
• Pasadena
• Laguna Niguel
• Burbank
• Maywood
• San Diego County
• Thousand Oaks
• San Juan Capistrano
• San Luis Obispo
• Sierra Madre
• Ventura
• West Hollywood
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#CO MPR E H EN S IVE.
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Page | 6
References
City of La Puente
John Di Mario
15900 East Main Street
La Puente, CA 91744
(626) 855-1517
Project: Staff augmentation, provided full-time staffing, enforcement of building, zoning, and nuisance-
related issues.
City of Torrance
Michelle Ramirez
3031 Torrance Boulevard
Torrance, CA 90503
(310) 618-2550
Project: Staff augmentation, providing code enforcement staff, enforcement of building, zoning,
vendor, and nuisance-related issues.
County of Orange County
Justin Kirk
601 North Ross Street
Santa Ana, CA 92701
(714) 667-8895
Project: Staff augmentation, providing code enforcement staff, enforcement of building, zoning, and
nuisance-related issues.
In closing, Willdan has provided code compliance services to numerous different California Cities and
Counties. We are confident our team can provide the customer service-based code compliance program
the City is seeking. We hope this proposal meets with your approval. The resumes for our proposed team
can be found below. Please let me know if you have any questions or require additional information.
B-8WCOMPREHENSIVE.
INNOVATIVE.
TRUSTED.
City of Rancho Palos Verdes
City of Rancho Palos Verdes Code Enforcement Services
Albert Brady, C.B.O.
Deputy Director of Building & Code Enforcement
Mr. Albert Brady is a Willdan Engineering code enforcement manager with 30 years of
experience. Mr. Brady is responsible for Code Enforcement Services Company wide
including California and Arizona. Mr. Brady leads a team of code enforcement
professionals who can provide both short and long-term services including management
of code enforcement departments.
Relevant Project Experience
County of Riverside, California. Code Enforcement Director. Managed the Code
Enforcement Department for the entire County of Riverside. Assigned to oversee all
operations and respond to all citizen concerns, County CEO complaints and Board
inquiries; Prepare and monitor the Department's budget including all revenues and
expenditures. Prepare regular staff reports for the Board of Supervisor’s regarding
ordinance development and/or municipal code revisions. Provide personnel with
direction, develop and update the Division's Policy and Procedure manual and verify that
staff adheres to all policies established within the Department. Evaluate staff's
performance on a regular basis and pursue disciplinary action when appropriate.
Interview and hire all personnel. Attend regular staff meetings; meet with civic groups
such as the Chamber of Commerce, Board of Realtors, Neighborhood groups and
Homeowner's Associations. Interact with various departments, County, State and Federal
organizations when necessary. Interact with The Riverside County District Attorney’s
Office regarding criminal investigations and County Counsel for Civil proceedings such as
Nuisance abatements, injunctions and/or receiverships.
AndersonPenna, Newport Beach, California. Code Enforcement Manager. Managed the
Code Compliance Division for a firm that provides contract code services to Municipalities
in Southern California. Contract services varied from staff augmentation, program
development and consulting. Provided service to different jurisdictions in California
including the following government agencies; County of Orange, City of Laguna Woods,
Pasadena, Ventura, La Canada Flintridge, Upland, Fountain Valley, Tustin, Desert Hot
Springs, and San Juan Capistrano. Developed and implemented code programs,
ordinances (civil citation, nuisance ordinance, rental inspection programs) and policies
and procedures manuals. Managed all contracts for service delivery and all contract
employees assigned to the projects. Attended regular City Council meetings and assured
projects remained within budget.
City of Moreno Valley, California. Code & Neighborhood Services Official. Responsible for
managing the Code and Neighborhood Services Division which is comprised of the Parking
Enforcement Team and the Code Compliance Group. Assigned to oversee all operations
and respond to all citizen concerns, City Manager complaints and Council inquiries;
Prepare and monitor the Division's budget including all revenues and expenditures.
Manage agreements with outside contractors that provide service to the City including
Riverside County Environmental Health, Abatement Contractors, and Citation Processing
Services. Monitor and prepare quarterly and annual reports for three separate Federal
programs. Prepare regular staff reports for City Council regarding ordinance
development and/or municipal code revisions. Manage specialized programs such as the
City's Graffiti Restitution Program, Shopping Cart Containment Ordinance and the
Rotational Tow Service Program. Provide personnel with direction, develop and update
the Division's Policy and Procedure manual and verify that staff adheres to all policies
Education
1988, AA, Liberal Arts, California
State University, Fullerton
1990, BA, Business
Administration, University of
Southern California, Los Angeles
Registration
PC 832 Certificate, Orange
County Sheriff's Academy,
Orange, CA
Basic Certification, SCACEO -
Southern California Association
of Code Officials
Intermediate Certification,
SCACEO - Southern California
Association of Code Officials
Advanced Certification, SCACEO
- Southern California Association
of Code Officials
Supervisory Certification,
SCACEO - Southern California
Association of Code Officials
Watershed Management
Certificate, EPA - Environmental
Protection Agency, Sacramento,
CA
ICC Certified Building Official
Affiliations
Past Education Chair, California
Association of Code Officials,
Sacramento, CA
Past Board Member, California
Association of Code
Enforcement Officials,
Sacramento, CA
Member, American Association
of Code Enforcement
30 Years’ Experience
B-9WCOMPREHENSIVE.
INNOVATIVE.
TRUSTED.
City of Rancho Palos Verdes
City of Rancho Palos Verdes Code Enforcement Services
established within the Division. Evaluate staff's performance on a regular basis and
pursue disciplinary action when appropriate. Interview and hire personnel. Attend
regular staff meetings; meet with civic groups such as the Chamber of Commerce, Board
of Realtors, Neighborhood groups and Homeowner's Associations.
Willdan, Anaheim, California. Code Enforcement Supervisor. Managed the Code
Compliance Division for a firm that provided contract code services to Municipalities in
the western United States. Contract services varied from staff augmentation, program
development and consulting. Provided service to different jurisdictions in California,
Arizona and Nevada including the following government agencies; County of Orange, City
of Anaheim, South Pasadena, Bradbury, La Canada Flintridge, Rosemead, Hawaiian
Gardens, Los Alamitos, Irvine, Laguna Hills, Del Mar, La Palma, and San Juan Capistrano.
Developed and implemented code programs, ordinances (civil citation, nuisance
ordinance, rental inspection programs) and policies and procedures manuals. Managed
all contracts for service delivery and all contract employees assigned to the projects.
Attended regular City Council meetings and assured each project remained within budget.
City of Anaheim, California. Senior Code Enforcement Officer. Supervised the CDBG
team of the Code Enforcement Division which consisted of seventeen employees.
Enforced City regulations and codes to enhance and preserve the quality of
neighborhoods. Received citizen complaints of Municipal Code violations and
coordinated the resolution of those concerns. Provided training to employees;
established and maintained the Division's policy and procedure manual and ensured that
the established practices were followed. Performed regular evaluations of employees,
prepared internal and external memorandums, staff reports, developed ordinances and
assisted with the annual preparation of the Planning Department Budget.
City of Anaheim, California. Code Enforcement Officer II. Conducted field investigations
and site surveillance of residential, commercial and industrial properties. Enforced all
applicable code provisions, ordinances and statutes; issued infraction and misdemeanor
citations for violations regarding zoning, litter, abandoned vehicles, weeds and debris
accumulation. Photographed evidence, prepared diagrams, interviewed potential
witnesses and composed letters to ensure remedial action was taken; received
complaints from citizens; issued correction notices and performed abatements when
necessary. Prepared memos and investigative reports.
City of Anaheim, California. Code Enforcement Officer I. Performed field inspections and
enforced municipal code provisions (such as animal regulations, business license
requirements, and building permits). Explained regulations relating to municipal code
provisions including zoning, land use, planning, and design review. Responded to citizen
complaints regarding potential code violations; conducted research of property
ownership, past permits and all applicable code regulations. Coordinated enforcement
actions with other City departments and other governmental agencies, as necessary.
City of Anaheim, California. Housing Coordinator/Inspector. Performed field inspections
of all Section 8 Housing Vouchers for the City of Anaheim Housing Authority. Inspections
were performed to verify compliance with the Housing Quality standards; for new
vouchers and as part of the annual recertification program. Additional duties included
providing notices for non-compliant units to both property owners and residents,
negotiating rents, performing recertification paperwork, re-inspections of non-compliant
units, and assisting customers with additional benefits available through the family self-
sufficiency program.
Albert Brady
Continued
B-10
W COMPRE HEN S IVE.
INNOVATIVE.
TRUSTED.
City of Rancho Palos Verdes
City of Rancho Palos Verdes Code Enforcement Services
John (Terry) Cox
Code Enforcement Manager
Mr. Terry Cox is a Code Official with over 25 years’ experience in addressing community blight
through developing effective neighborhood strategies. He has demonstrated the ability to train,
motivate and manage cohesive teams focused on preserving communities. He is experienced in
neighborhood improvement projects, operational management, community relations, consulting
and project management.
Relevant Project Experience
County of Orange, Santa Ana, CA. Code Enforcement Manager. Oversee the day-to-day operations
of the Neighborhood Preservation Section with the County of Orange, which includes the training
and supervision of both County and contract staff. Work closely with staff from the Board of
Supervisors, CEO’s office, multiple County Departments, and additional outside agencies to
coordinate investigations/enforcement activities and communicate findings/results, as well as to
provide thorough and effective service to unincorporated islands within the County of Orange.
Prepare and provide staff reports, departmental work plans, educational/informational materials
and special presentations related to code enforcement. Develop and implement policies and
procedures to improve program efficiency and effectiveness. Coordinate and implement special
projects such as community cleanup days, target area sweeps and community meetings, thus
spearheading the community outreach efforts of OC Development Services/OC Public Works.
Communication, both verbally and in writing, with representatives of the District Offices to address
potential code-related concerns (Board of Supervisors). Analyze current Neighborhood
Preservation procedures and implement changes when needed to improve program
efficiency/effectiveness and staff morale (i.e., office hearing scheduling procedures, improved
notification process, changes in rotational case assignments, etc.). Prepare and host Neighborhood
Preservation bi-weekly meetings to maintain staff awareness of program status, goals and
accomplishments, as well as to obtain feedback from staff with regards to improving the program.
Review officer prepared notifications to the public and case files submitted for closure to maintain
quality assurance, providing staff with assistance and direction when needed. Research and
organize additional training for members of staff to improve officer awareness and effectiveness.
Responsible for annual staff member reviews, coaching up of staff, and disciplinary action towards
staff as needed. Responsible for developing and maintaining the annual budget for Neighborhood
Preservation, as well as overseeing contract development/operations. Highly involved with the
development and implementation of the new Land Management System and the Customer
Resource Management online portal now utilized throughout OC Public Works to provide easily
accessible online services to the stakeholders and visitors of Orange County.
AndersonPenna, Newport Beach, California. Senior Code Enforcement Officer. Managed overall
contract and day-to-day operations of contract code staff assigned to the County of Orange.
Received calls for service and investigated potential zoning, building, grading and general property
maintenance code violations. Collected and documented evidence as part of code casework.
Issued notices and administrative citations as needed to ensure code compliance. Prepared
briefing papers and reports for review by management of the Board of Supervisors. Prepared and
carried out inspection and abatement warrants. Planned, prepared and participated in
Education
B.S., Business Management,
California Coast University, Santa
Ana, CA
Business Management, California
State University, Long Beach
Psychology, Cerritos Community
College
Licenses/Certifications
PC 832 Certificate - Rio Hondo
Community College
Certified Code Enforcement
Officer, CACEO - California
Association of Code Enforcement
Officials
Basic Certification, SCACEO -
Southern California
Association of Code
Enforcement Officials
Intermediate Certification,
CACEO - California
Association of Code
Enforcement Officials
Advanced Certification,
CACEO - California
Association of Code
Enforcement Officials
Supervisory Certification,
CACEO - California
Association of Code
Enforcement Officials
Watershed Management
Certificate, EPA -
Environmental Protection
Agency, Sacramento, CA
Affiliations
Member, California
Association of Code
Enforcement Officials
25 Years’ Experience
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City of Rancho Palos Verdes
City of Rancho Palos Verdes Code Enforcement Services
community meetings and clean-up events. Worked closely with County Counsel and the District
Attorney’s office to host meetings, carryout civil litigation, and proceed with criminal court filings
when voluntary compliance was not obtained.
Willdan, Anaheim, California. Senior Code Enforcement Officer. Managed overall contract and
day-to-day operations of contract code staff assigned to the County of Orange. Received calls for
service and investigated potential zoning, building, grading, and general property maintenance
code violations. Collected and documented evidence as part of code casework. Issued notices and
administrative citations as needed to ensure code compliance. Prepared briefing papers and
reports for review by management and the Board of Supervisors. Prepared and carried out
inspection and abatement warrants. Planned, prepared, and participated in community meetings
and clean-up events. Worked closely with County Counsel and the District Attorney’s office to host
meetings, carry out civil litigation, and proceed with criminal court filings when voluntary
compliance was not obtained.
Provided code services to the City of La Canada-Flintridge. Also, prepared community education
materials pertaining to code enforcement for the City of Laguna Hills.
City of Anaheim, California. Code Enforcement Officer II. Conducted field investigations and site
surveillance of residential, commercial, and industrial properties. Enforced all applicable code
provisions, ordinances and statutes; issued infraction and misdemeanor citations for violations
regarding zoning, litter, abandoned vehicles, weeds and debris accumulation. Photographed
evidence, interviewed potential witnesses and composed letters to ensure remedial action was
taken; received complaints from citizens; issued correction notices and performed abatements
when necessary. Prepared memos and investigative reports. Responsible for the enforcement of
parking violations and illegal street vendor activity.
City of Paramount, California. Code Enforcement Officer I. Conducted field investigations and site
surveillance of residential, commercial and industrial properties. Enforced all applicable code
provisions, ordinances and statutes; issued infraction and misdemeanor citations for violations
regarding zoning, litter, abandoned vehicles, weeds and debris accumulation. Photographed
evidence, interviewed potential witnesses and composed letters to ensure remedial action was
taken; received complaints from citizens; issued correction notices and performed abatements
when necessary. Prepared memos and investigative reports. Responsible for the enforcement of
parking violations and illegal street vendor activity. Also responsible for Public Safety fleet
maintenance and supervised the Los Angeles County inmates (trustees) assigned to provide
maintenance services at the City’s Public Safety Substation.
Terry Cox
Continued
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City of Rancho Palos Verdes
City of Rancho Palos Verdes Code Enforcement Services
Albert Brady, Jr.
Code Enforcement Supervisor
Mr. Brady is a Willdan Engineering code enforcement officer with over 19 years of municipal
government experience. He communicates effectively with both internal staff and the general
public. Mr. Brady strength is establishing rapport with superiors, and co-workers. He is organized,
self-motivated, enthusiastic and always willing to learn. Albert demonstrates professionalism and a
strong personal image at all times. Mr. Brady is available to provide code enforcement services to
our Southern California clients.
Relevant Experience
County of Orange. Code Enforcement Officer. As a code enforcement officer, Mr. Brady was
responsible for managing a caseload throughout the unincorporated areas of the County in support
of its Neighborhood Preservation Program, including the reviewing, processing, and closing of code
enforcement cases related to land use, zoning, building, grading, nuisance, and property
maintenance violations within the unincorporated areas of Orange County. He was responsible for
the review of case files, an inspection of properties, filing notices and complaints against violators,
documenting, and preparing violation cases for the district attorney’s office and/or County counsel,
and testifying in court. Albert conducted in-depth permit research to assist with the processing of
land use, zoning, and building violations. He worked with the general public on a daily basis providing
them with general land use, zoning, building and grading requirements as it relates to the County’s
entitlement process. Mr. Brady assisted property owners, and/or their designated agents (i.e.
architects, engineers, contractors, real estate agents, and family members) through the County’s
entitlement process.
City of Huntington Beach. Code Enforcement Officer. Mr. Brady conducted field investigations and
site surveillance of residential, commercial and industrial properties. He enforced all applicable code
provisions, ordinances and statutes; issued infraction and misdemeanor citations for violations
regarding zoning, litter, abandoned vehicles, weeds and debris accumulation. Albert photographed
evidence, prepared diagrams, interviewed potential witnesses and composed letters to ensure
remedial action was taken; received complaints from citizens; issued correction notice s and
performed abatements when necessary.
City of Anaheim. Code Enforcement Officer. Mr. Brady performed field inspections and enforced
municipal code provisions (such as animal regulations, business license requirements, and building
permits). He explained regulations relating to municipal code provisions including zoning, land use,
planning, and design review. Albert responded to citizen complaints regarding potential code
violations; conducted research of property ownership, past permits and all applicable code
regulations. Mr. Brady coordinated enforcement actions with other City departments and other
governmental agencies as necessary.
Education
C.A.C.E.O. Code Enforcement
Certified,
Former President of
C.A.C.E.O.
Administration of Justice,
Southwestern College
Orange county Sheriff’s
Academy, Rancho Santiago
College
Business Administration,
Fullerton College
Registration/Certification
Former Orange County
Deputy Sheriff Reserve
P.C. 832, State of California
Pepper Spray, Golden West
College
N.P.D.E.S., County of Orange
Universal Building Code-
General, S.C.A.C.E.O.
Abatement of Dangerous
Buildings, C.A.C.E
Abatement of Public
Nuisance (Notice and Order)
Vehicle Abatement, City of
Huntington Beach
Legal Aspects of Evidence,
Rio Hondo College
Legal Aspects of Warrant
Process, Rio Hondo College
25+ Years’ Experience
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City of Rancho Palos Verdes
City of Rancho Palos Verdes Code Enforcement Services
John W. Poole
Code Consultant
Mr. John Poole has 40 years of municipal government experience, which includes providing code
enforcement and related services. He serves as a code enforcement consultant in our Willdan
Anaheim office and provides supervisory and management services in code enforcement and
other related areas. Prior to joining the Willdan team, he was employed by the City of Anaheim as
Senior Code Enforcement Officer, Code Enforcement Supervisor, and Code Enforcement Manager.
From 1983 to 2003, he was directly responsible for a comprehensive code enforcement program,
which had a budget of approximately $3.5-million. He administered a City code-enforcement
program that was responsible for a highly diverse scope of municipal, State, and Federal codes and
related areas, which included land use, building, housing, public nuisance, and hazardous
waste/material removal. Mr. Poole successfully developed and implemented the innovative City-
sponsored community-volunteer programs, such as the anti-graffiti, “Make Your Mark on the
World, Not on the Wall,” “Paint Your Heart Out Anaheim,” which assists low-income elderly or
disabled homeowners; and “Volunteers in Pride,” which entails public participation in code
enforcement and neighborhood improvement activities.
Mr. Poole has conducted code enforcement and management seminars for the University of
California, University of Wisconsin, and the California Association of Code Enforcement Officers
(CACEO). He has been associated with CACEO since its inception and served four years as CACEO’s
President.
Mr. Poole has demonstrated the ability to conceptualize, develop, and implement programs
and/or strategies to overcome and resolve individual, committee, group, and organizational
objections to the satisfaction of all parties.
Work Experience
Willdan, Anaheim, California. Code Enforcement Manager. Mr. Poole managed the Code
Compliance Division for Willdan and provided contract code services to Municipalities in the
western United States. The contract services varied from staff augmentation, program
development and consulting. He provided service to different jurisdictions in California, Arizona
and Nevada including the following government agencies; County of Orange, City of Anaheim,
South Pasadena, Bradbury, Rosemead, Hawaiian Gardens, Los Alamitos, Irvine, Del Mar, La Palma,
and San Juan Capistrano. Mr. Poole developed and implemented code programs, ordinances (civil
citation, nuisance ordinance, rental inspection programs) and policies and procedures manuals.
He Managed all contracts for service delivery and all contract employees assigned to the projects.
City of Anaheim, CA Code Enforcement Manager. Mr. Poole was responsible for managing the
Code Enforcement Division for the City. He was assigned to oversee all operations and respond to
all citizen concerns, City Manager complaints and Council inquiries; Prepare and monitor the
Division's budget including all revenues and expenditures. John prepared regular staff reports for
City Council regarding ordinance development and/or municipal code revisions. Mr. Poole
provided personnel with direction, develop and update the Division's Policy and Procedure manual
and verify that staff adhered to all policies established within the Division. He evaluated staff's
performance on a regular basis and pursued disciplinary action when appropriate. John attended
regular staff meetings; met with civic groups such as the Chamber of Commerce, Board of
Realtors, Neighborhood groups and Homeowner's Associations. Mr. Poole interacted with various
departments, County, State and Federal organizations when necessary.
Education
1979, BS, Administration of
Justice, California State
University, Los Angeles
Registration/Certification
California P.C. 832
P.O.S.T. Reserve Police Officer
Affiliations
AACE, American Association of
Code Enforcement
CACEO, California Association of
Code Enforcement Officers
Awards and Recognition
American Planning Association
– Multiple Award Winner
California League of Cities –
Helen Putman Award Recipient
National League of Cities –
James C. Howland Award for
Urban Enrichment
40 Years’ Experience
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City of Rancho Palos Verdes
City of Rancho Palos Verdes Code Enforcement Services
Ed Nicholls, Jr.
Code Consultant
Mr. Ed Nicholls is a Willdan Engineering code enforcement consultant with over 30 years of
experience. He serves as a code enforcement consultant in our Willdan Anaheim office and
provides supervisory and management services in code. Mr. Nicholls specializes in leadership
training and development, and in program evaluation, development, and implementation.
Relevant Project Experience
County of Riverside, California. Code Enforcement Deputy Director. Mr. Nicholls directed the daily
activities of the 85-member strong Code Enforcement and Environmental Compliance Division. With a
keen attention to detail, he skillfully coordinated a spectrum of divisional programs and projects,
meticulously developing and implementing a range of training initiatives tailored to the team's ne eds.
His strategic acumen and adept collaboration with stakeholders ensured seamless alignment of
divisional objectives with overarching organizational goals. Through his proactive approach, Mr. Nicholls
identified and capitalized on opportunities to optimize operations, introducing streamlined processes
and innovative tools that enhanced the efficiency and impact of enforcement and compliance
endeavors.
City of Chino Hills, California. Neighborhood Services Manager. Mr. Nicholls skillfully managed and
supervised the day-to-day operations of the Neighborhood Services Division. With a strategic approach,
they developed and executed a range of divisional training programs aimed at enhancing staff
performance and capabilities. In addition, their forward-thinking vision led to the creation and
successful implementation of a comprehensive training curriculum dedicated to nurturing
neighborhood leadership qualities among city residents, ultimately contributing to a more empowered
and engaged local community.
City of Yorba Linda, California. Senior Community Preservation Officer. Mr. Nicholls adeptly supervised
the day-to-day operations of the Community Preservation Division, skillfully orchestrating the
development and harmonization of a diverse array of divisional programs, codes, laws, policies, and
procedures. Their remarkable leadership was evidenced by their ability to conceive and execute an
array of divisional training programs, effectively enhancing the team's knowledge base and
performance. Through their strategic acumen and commitment, they played a pivotal role in advancing
the division's objectives and ensuring its seamless functioning.
City of Fountain Valley, California. Code Enforcement Officer II. Mr. Nicholls undertook the supervision
of the Code Enforcement program, providing training to a team of two code enforcement officers, and
enforcing state and local laws for enhancing the quality of life in the City's residential and commercial
areas. His responsibilities encompassed identifying violations, taking necessary actions, and maintaining
records of their enforcement activities. Effective communication and collaboration with other
departments were key to resolving complex cases. His strong leadership, analytical skills, and
commitment to adherence underscored their role in effective code enforcement and community
improvement.
City of Anaheim, California. Code Enforcement Officer II. Conducted field investigations and site
surveillance of residential, commercial and industrial properties. Enforced all applicable code
provisions, ordinances and statutes; issued infraction and misdemeanor citations for violations
regarding zoning, litter, abandoned vehicles, weeds and debris accumulation. Photographed evidence,
prepared diagrams, interviewed potential witnesses and composed letters to ensure remedial action
was taken; received complaints from citizens; issued correction notices and performed abatements
when necessary. Prepared memos and investigative reports.
Education
M.S., Education, California
Baptist University
B.S., Business Management,
University of Phoenix
Registration
PC 832 Certificate, Orange
County Sheriff's Academy,
Orange, CA
Basic Certification, SCACEO -
Southern California Association
of Code Officials
Intermediate Certification,
SCACEO - Southern California
Association of Code Officials
Advanced Certification, SCACEO
- Southern California
Association of Code Officials
Supervisory Certification,
SCACEO - Southern California
Association of Code Officials
Affiliations
Past Education Chair, California
Association of Code Officials,
Sacramento, CA
30 Years’ Experience
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City of Rancho Palos Verdes
City of Rancho Palos Verdes Code Enforcement Services
Scott C. Barber
Code Consultant
Mr. Scott Barber brings 30 years of local government experience, creating success through innovation
and strategic partnerships, coupled with a fundamental and deeply ingrained understanding that
public trust is earned. Mr. Barber has extensive experience in development processes and economic
development activities related to business attraction through entitlement and permitting incentives.
He is an excellent communicator and presenter, with solid budgeting and finance experience.
Relevant Project Experience - Consulting
City of Huntington Beach, CA. Code Enforcement Program Evaluator. Performed a third-party
evaluation of the City’s Code Enforcement Program seeking efficiencies for the program, including a
review and suggested updates to the City’s Policy and Procedures Manual, analysis of case processing
with office and field staff, statistical and trend review of caseloads and case processing techniques,
and analysis/recommendations for “right sizing” code enforcement investigative responses based
upon staffing and budget resources. Final Deliverable: “Findings Memorandum” with specific
program recommendations.
City of Burbank, CA. Code Enforcement Program Reviewer. Onsite office/field activities evaluation,
systems analysis, program alternatives and modernization, resulting in a comprehensive "road map"
for long-term sustainable change.
City of Ventura, CA. Code Enforcement Program Reviewer. Created "Findings Memorandum" after
review of onsite office/field functions, code enforcement policies; validating staff recommendations
for City Management/Council approval.
City of Merced, CA. Code Enforcement Program Reviewer. Created a comprehensive Policies &
Procedures Manual, along with findings and recommendations for program enhancements, based
upon interviews with office, management, and field staff, for use by the City's Code Enforcement Task
Force.
County of San Mateo, CA. Expert Witness - San Mateo Sober Living Civil Case. Served as expert witness
for the County of San Mateo in defense of a federal civil rights complaint regarding housing
discrimination.
Relevant Project Experience - Local Government
City of Riverside, CA. City Manager. 80 square miles, 12th largest city in California, population
308,511. Annual budget of approx.$1 billion, 2687 FTEs. Municipal services include police, fire, roads,
parks, museums, libraries, development services, airport, and its own publicly owned utility
(electricity and water); operates a regional water quality control plant. Responsibilities and
accomplishments include:
• Revised citywide budget procedures to increase transparency in the creation and tracking of project
expenditures and strategic use of General Fund reserves.
• Led the stakeholder-involved design process for the $45 million reconstruction of the Riverside
Convention Center.
• Created successor agency to City’s former redevelopment agency; led the City to a “Finding of
Completion” from the California Department of Finance for the long-range property management of
30+ properties, and the approval of $1.57 billion in Recognized Payment Obligation Schedule (ROPS)
reimbursements.
• Construction of two new City parks (Doty-Trust and Ryan Bonamino), utilizing multiple funding
sources (COPs, RDA bonds, inter-fund loans) for $14M cost.
• Led educational outreach for two citywide ballot measures: reauthorize a parcel tax for library
services (Measure I); reauthorize transfer of water utility revenue to General Fund of $6.7 million
annually (Measure A). Both measures passed by more than sixty-six percent (66%).
Education
M.B.A., Business, California
Baptist University, Riverside
B.A., Theater Arts, University
of California, Riverside
Licenses/Certifications/
Training
Created/taught the course
"Coaching and Mentoring”.
Served as a certified
interpreter for Lominger
"Voices 360 degree"
assessments.
30 Years’ Experience
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City of Rancho Palos Verdes
City of Rancho Palos Verdes Code Enforcement Services
• Revised Economic Development Action Plan to include the principles of Riverside “Seizing Our
Destiny”, a community-based movement driving the City’s economic future, resulting in an annual
increase in local jobs (3,200 private sector, 12,000 construction-related) with local/state transportation
projects.
• Reorganized City operations, merging art and culture functions with the municipal museum, the
Development Department (included Redevelopment), and the Community Development Department,
and moved all capital projects (excluding park design) to the General Services Department.
• Guided “Business Ready Riverside” initiative, including the implementation of electronic plan review
(ProjectDox), creation of “Business First” permit concierge service to new businesses creating jobs, and
approval of City Council to move towards “Smart Codes” for the upcoming General Plan cycle: created
form-based codes, eliminating individual CEQA review on compliant projects within the zone.
City of Riverside, CA. Community Development Department Director. Department formed during FY
2005-06 by combining Planning/Building/Safety Department with the Code Enforcement Division of
the Public Works Department. Annual budget $12-15 million. Responsibilities and accomplishments
include:
• Led the adoption effort for a new General Plan, Zoning Code, Smart Growth guidelines and
implementation matrix for the City’s GP 2025, which won a Southern Cal Assoc. of Gov’t “Compass
Blueprint” award for excellence.
• Enforcement Division reorganization/upgrade, including creation of national best practices with the
Neglected Property Abatement Team, as well as winning state and national awards for marketing and
outreach programs. Created a new revenue stream through the Neglected Property Abatement
Program.
• Assisted the City’s ED efforts through the creation of “fast track” programs, (business attraction
through streamlined entitlement and permit processing) and developed the “Concurrent Processing”
procedures, reducing an applicant’s time and costs associated with development projects.
• Implemented the first “Incentive Based Green Building Program” in the State of California in
collaboration with the Building Industry Association.
• Selected and implemented new web-based code enforcement software (GoEnforce).
County of Riverside, CA. Transportation & Land Management Assistant Director. Administrative
functions included: information resources, purchasing, HR, payroll, accounting, customer service, and
asset management. Managed annual budget of approx. $170 million ($100 million in programmed
capital improvements), with oversight of 900 staff members. Responsibilities and accomplishments
include:
• Managed an annual budget of approximately $170 million ($100 million in programmed capital
improvements), with agency oversight of 900 staff members.
• Created the Environmental Programs Department, including policy, procedure and mission
implementation, creation of ordinances and operating guidelines, staffing and budgets.
• Led and/or assisted in the recruitment and hiring of three department directors (building official,
transportation director and planning director).
• Selected by the County's executive officer to be a founding member of the County's Leadership
Initiative Design Team responsible for creating/conducting leadership training programs for senior
managers throughout Riverside County.
Mr. Scott Barber
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City of Rancho Palos Verdes
City of Rancho Palos Verdes Code Enforcement Services
Jose Martinez
Code Enforcement Officer
Mr. Jose Martinez knows ordinances and is able to apply those ordinances to real-life situations, to
explain decisions and to communicate tactfully in difficult situations. He has the skill to identify with
a person's concerns as much as possible to diffuse an argument and work towards resolution. Mr.
Martinez is available to our southern California clients.
Relevant Project Experience
City of Indian Wells, CA (Willdan). Code Enforcement Officer. Mr. Martinez enforced all municipal
codes within the City and investigated violations pertaining to the violations of the municipal code
provisions in zoning ordinances, sanitary regulations, and business license regulations. He enforced
health and safety and building codes as applicable and responded to complaints received by citizens
regarding code violations. He issued Notices of Violations, Stop Work Notices, and Citations.
City of Desert Hot Springs, California. Code Enforcement Officer. Conducted field investigations
and site surveillance of residential, commercial and industrial properties. Enforced all applicable
code provisions, ordinances and statutes; issued infraction and misdemeanor citations for
violations regarding zoning, litter, abandoned vehicles, weeds and debris accumulation.
Photographed evidence, prepared diagrams, interviewed potential witnesses and composed
letters to ensure remedial action was taken; received complaints from citizens; issued correction
notices and performed abatements when necessary. Prepared memos and investigative reports.
City of Baldwin Park, CA. Code Enforcement Supervisor. Mr. Martinez provided management
supervision and work coordination for staff assigned to code enforcement activities. He supervised
and participated in the processing of permit applications and coordinated inspections. Mr. Martinez
patrol the City and conducted field investigations to ensure compliance. He enforced City ordinance,
wrote reports on violations of business license, zoning, building codes, violations of zone variances
conditional use permit, and other City ordinances. Mr. Martinez coordinated the code enforcement
activities with other City departments, property owners, and tenants to bring property into
compliance.
City of Pico Rivera, CA. Code Enforcement Officer. Mr. Martinez investigated code violations
reported by residents, issued notices of violations and citations related to City municipal code, state
and LA County codes. He maintained records and files on inspections and prepared responses and
correspondence. Mr. Martinez patrolled the City for possible violations and coordinated
assignments with outside agencies such as Animal Control, Sheriffs Department and the LA County
Health Department when applicable.
City of La Puente, CA. Code/Parking Control Officer. Mr. Martinez investigated complaints from
residents, took photos of unpermitted structures (garage conversions, room additions, etc.) and
issued notice of violations and administrative citations to property owners for violations of
applicable code(s). He patrolled assigned areas proactively to identify code violations. Mr. Martinez
followed up with residents and owners to violations were corrected.
Certifications/Registrations
PC832 Certification, Rio Hondo
College, Police Academy
Housing Choice Voucher (HCV)
Housing Standards Specialist,
Nan McKay & Associates
Developing Legendary
Leadership, CACEO
Criminal Prosecutions and
Substandard Housing
Enforcements, CACEO
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City of Rancho Palos Verdes
City of Rancho Palos Verdes Code Enforcement Services
Tricia Thompson
Code Enforcement Officer
Ms. Thompson is a Willdan code enforcement professional experienced with the enforcement of
zoning, building, and property maintenance violations and illegal food vendor enforcement. She is
a highly motivated, self-starter with the ability to manage conflict and solve problems. Tricia has
excellent written, verbal communication, and interpersonal relations skills. She is an excellent
team player and demonstrates the ability to work independently. Ms. Thompson has extensive
code training and is available to provide code enforcement services to our Southern California
clients.
Work Experience
City of Torrance, California (Willdan). Code Enforcement Officer. As a code enforcement officer,
Ms. Thompson conducted onsite inspections and re-inspections of residential and commercial
properties. She responded to complaints regarding public nuisances, zoning, signs, land use
ordinance violations, abandoned vehicles, and un-kept properties. Tricia enforced municipal,
state, local, and government codes and determined alternative methods to achieve code
compliance involving the application of related laws, ordinances, and regulations. Ms. Thompson
was heavily involved in the city’s education and enforcement efforts pertaining to illegal food
vendors.
City of Inglewood, CA (Willdan). Code Enforcement Officer. Ms. Thompson is part of the Willdan
team assigned to handle vendor control in the city. She assists city and county staff with the
enforcement of city and state codes pertaining to street food vendors within the city. She effectively
communicates with and educates illegal food vendors, while taking additional enforcement action
as needed.
City of La Puente, California. Code Enforcement Officer. Ms. Thompson conducted onsite
inspections and re-inspections of residential and commercial properties. She responded to
complaints regarding public nuisances, zoning, signs, land use ordinance violations, abandoned
vehicles, and un-kept properties. Tricia enforced municipal, state, local, and government codes
and determined alternative methods to achieve code compliance involving the application of
related laws, ordinances, and regulations. When necessary, Ms. Thompson prepared cases for
legal action, summarizing evidence gathered in the course of her inspections and appearing in
administrative hearings and/or court to present testimony.
San Bernadino Fire Department, California. First Responder/Firefighter. Ms. Thompson was
responsible for fighting both woodland and urban fires. She also responded to Haz-Mat and
medical emergencies.
Education
Code Enforcement, Santiago
Canyon College
Registration/Certification
PC832 Certification
CACEO: Basic, Intermediate,
Advanced & Supervisory
Firefighter Training
First Responder
Awareness/Operations
Haz-Mat First Responder
Operations
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City of Rancho Palos Verdes
City of Rancho Palos Verdes Code Enforcement Services
Penny Heller
Code Enforcement Officer
Ms. Penny Heller is a Willdan Engineering Code Enforcement Officer with knowledge and
experience in field inspections. She prioritizes and manages assigned projects to ensure
compliance and effectively meet critical deadlines. She conducts follow-up activities to monitor
and ensure compliance and maintains close verbal and written contact regarding progress with
the complainants. Ms. Heller is available to assist our Southern California clients with code
enforcement services.
Relevant Project Experience
Rolling Hills Estates, CA. Code Enforcement Officer. Ms. Heller inspects properties to
determine compliance with city codes and policies and answers complaints and citizen requests
for extensive research for enforcement. She investigates residential and commercial properties
for compliance with zoning, building, and property maintenance codes.
City of Inglewood, CA (Willdan). Code Enforcement Officer. Ms. Heller is part of a team of
Willdan code enforcement officers who work to ensure safety and compliance at Sofi Stadium,
a 298-acre mixed-use development that houses retail, commercial, and office space, a hotel,
residential units, and parking. Responsibilities of the code enforcement officers include
reviewing the Operation Plan, posting up at the proper locations, obtaining appropriate data
from vendors such as social security numbers, California driver’s license information, or any
other form of identification, and notifying vendors of the locations where they can conduct
business. Assist Police, Sheriffs, and the California Highway Patrol when they are conducting
corrective action on violators, receive and log complaints, write incident reports, and take video
or pictures of items confiscated and document all action taken. Ensure that businesses and
people are in compliance with public health, safety, consumer protection, and business
activities, and protect the Sofi community by regulating entities that are breaking laws and
ordinances.
Kirk Mayer Temporary Agency, Long Beach, CA. Administrative Assistant. During her tenure as
an Administrative Assistant at Kirk Mayer, Ms. Penny Heller demonstrated unwavering
commitment to delivering exceptional customer service. She efficiently managed various
administrative tasks, including coordinating client inquiries, scheduling appointments, and
processing employment documentation. Her keen attention to detail ensured accurate record-
keeping and timely reporting, while her proactive communication skills facilitated seamless
interactions with clients and temporary employees. Ms. Heller consistently exhibited high
professionalism, responding to client needs with empathy and efficiency, thereby contributing
to the agency's reputation for outstanding customer service.
Education
Code Enforcement Studies,
Santiago Canyon College
Certifications
PC 832 – Powers of Arrest
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