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CC SR 20250617 K - FY25-26 Annual PSA & POs Over $25K CITY COUNCIL MEETING DATE: 06/17/2025 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration to approve professional service agreements , amendments, and purchase orders which exceed $25,000 for Fiscal Year 2025-26. RECOMMENDED COUNCIL ACTION: (1) Approve 13 amendments to existing professional service agreements for Fiscal Year 2025-26; (2) Award 4 new professional service agreements for Fiscal Year 2025 -26; (3) Approve 15 Purchase Orders for FY 2025-26 that exceed $25,000 for various City Departments; (4) Authorize the Mayor to execute 13 amendments to existing professional services agreements approved as to form by the City Attorney; and, (5) Authorize the Mayor to execute two agreements for professional services and two agreements for class instruction approved as to form by the City Attorney. FISCAL IMPACT: If approved, the value of the contracts is approximately $3.04 million. This amount is included in the FY 2025-26 Draft Budget for all Departments being considered tonight by the City Council under a separate agenda item. VR Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: James O’Neill, Senior Administrative Analyst JO REVIEWED BY: Vina Ramos, Director of Finance VR APPROVED BY: Ara Mihranian, AICP, City Manager ______________________________________________________________________ ATTACHED SUPPORTING DOCUMENTS: A. Summary of Maintenance and Operations Vendors and Funding Sources Over $25,000 per FY (page A-1) B. Amendment No. 2 to the Agreement for Professional Services with Blais & Associates, LLC (page B-1) C. Amendment No. 1 to the Agreement for Professional Services with Jeff Koven (page C-1) - Forthcoming Late Correspondence 1 D. Amendment No. 1 to the Agreement for Professional Services with Maria Serrao (page D-1) - Forthcoming Late Correspondence E. Amendment No. 1 to Agreement for Professional Services with Tripepi Smith (page E-1) F. Amendment No. 2 to the Agreement for Professional Services with Coleen Berg (page F-1) G. Amendment No. 2 to Agreement for Professional Services with Cotton Shires and Associates (page G-1) H. Amendment No. 1 to Agreement for Professional Services with Coyote Wildlife and Pest Solutions, Inc. (page H-1) I. Amendment No. 1 to Agreement for Professional Services with Infinity Technologies (page I-1) J. Amendment No. 2 to Agreement for Professional Services with LSA Associates, Inc. (page J-1) K. Amendment No. 2 to Agreement for Professional Services with Willdan Engineering (page K-1) - Forthcoming Late Correspondence L. Agreement for Professional Services with Shuster Advisory Group, LLC. (page L-1) M. Amendment No. 2 to Agreement for Professional Services with All City Management Services, Inc. (page M-1) N. Amendment No. 1 to Agreement for Professional Services with Black Knight Patrol, LLC. (page N-1) O. Amendment No. 1 to Agreement for Professional Services with West Coast Arborists, Inc. (page O-1) P. Agreement for Class Instruction with Kathleen Borgida (page P-1) Q. Professional Services Agreement with Marina Graphic Center, Inc. (page Q-1) R. Agreement for Class Instruction with Matsumoto Music, LLC (page R-1) BACKGROUND: This report addresses planned professional services agreements, maintenance agreements, other non-personnel services, and purchases of supplies and small equipment valued at $25,000 or more for FY 202 5-26 that have not been previously authorized by the City Council through multi-year agreements. Initiated in FY 2017-18, this process is designed to consolidate the approval of ongoing annual agreements and purchase orders that would result in cumulative expenditures with a vendor exceeding $25,000, resulting in enhanced efficiency, transparency, and oversight. This procedure does not include agreements, associated amendments and other authorizations for expenditures that have previously been authorized by the City Council for the 2025-26 Fiscal Year, including those related to capital improvement projects. Prior to this process, each authorization for agreements and purchase orders that would result in a cumulative expenditure for a vendor within a fiscal year would be presented to City Council individually for consideration. 2 This process also adheres to City policies, including Ordinance No. 618 (Purchasing), codified in Rancho Palos Verdes Municipal Code (RPVMC) Chapter 2.14 – Approval and Execution of Contracts, which requires City Council approval and Mayoral execution for new or amended agreements over $25,000. Additionally, RPVMC § 2.44.050(C) requires City Council approval for purchases of supplies or small equipment exceeding $25,000 per vendor. Accordingly, for budget authorization, Staff seeks City Council approval for the allocation and expenditure of funds pursuant to adoption of the annual budget for Fiscal Year 2025 - 26, for which the public hearing for the FY 2025-26 Budget adoption is a separate item on the agenda. DISCUSSION: Tonight, staff is recommending that the City Council approve the renewal of ongoing annual service agreements, purchase orders of $25,000 or more, and authorize the Mayor to sign new or amended professional services agreements as outlined in this report. This summary includes vendor names, contract terms, estimated costs, account details and budgeted amounts for items under consideration. Estimated costs and budgeted amounts may change during the year, and not-to-exceed (NTE) amounts may be lower based on actual work and negotiated rates. Expenditures beyond the NTE will return to the City Council for approval as required by the City's Purchasing Ordinance. The details discussed below are organized by department and item number, corresponding to the Summary of Maintenance and Operations Vendors and Funding Sources Over $25,000 for FY 2025-26 (Attachment A). CITY ADMINISTRATION #1 - Azteca Systems, LLC Azteca Systems, LLC (Azteca) provides software licensing, maintenance and support for the Cityworks software program utilized by the City’s Public Works Department. The City entered into a Licensing Agreement with Azteca in July of 2021, with the option to renew annually. Staff recommend that City Council authorize the renewal of the Licensing Agreement for one year and for staff to issue a Purchase Order for FY2025-26 not-to-exceed $48,000. Account number(s): 101-400-1470-5201 (General Fund / Information Technology / Repair & Maintenance Services) 3 #2 - Blais & Associates, LLC Blais & Associates, LLC (Blais) provides grant management services which support the City’s grant program. The City entered into a one-year Agreement with Blais for $62,507 in June 2023, with the option for two one-year extensions. The City Council exercised the first option, extending the term through June 30, 2025, by approving Amendment No. 1 on June 18, 2024. Staff recommend approval of Amendment No. 2 (Attachment B) to extend the Agreement through June 30, 2026 and increase the contract amount to a not-to-exceed amount of $121,555. The estimated cost in FY 2025-26 is not-to-exceed $59,336. Account number(s): 101-400-2999-5101 (General Fund / Non-Departmental / Repair & Maintenance Services) #3 - Canon Solutions America Canon Solutions America (Canon) provides equipment, maintenance and service for the majority of equipment used by staff for daily printing and scanning. The City entered into a five-year Agreement with Canon to lease eight multi-function printers and a plotter. The Agreement included the lease cost, consumables, maintenance and service throughout term of the Agreement. The City increased the scope of that contract to add two devices in October 2022. Staff recommend that City Council authorize staff to issue a Purchase Order for FY 2025- 26 for an amount not-to-exceed $56,000. Account number(s): 101-400-1470-5201 ($14,000) (General Fund / Non-Departmental / Repair & Maintenance Services) 681-400-0000-5106 ($42.500) (General Fund / Non-Departmental / Repair & Maintenance Services) #4 - Civic Plus The City entered into a agreement with CivicPlus, LLC in September of 2014 to redesign, implement and host the new official City website. Since the start of the Agreement, CivicPlus acquired two other companies used by the City for Municipal Code and Social Media Archiving Services resulting in the total value of the services provided by CivicPlus to exceed the $25,000 annual threshold. Staff recommend that City Council authorize staff to issue a Purchase Order for FY 2025- 26 for an amount not-to-exceed $33,000. Account number(s): 101-400-1470-5201 (General Fund / Information Technology - Datal / Repair & Maintenance Services) 4 #5 - DELL Marketing, L.P. DELL Marketing, L.P. (DELL) is a well-known national manufacturer of desktop and laptop computers, computer servers, and related equipment, from which the City has purchased products to support daily operations. The City entered into a three-year contract with DELL for licensing of Microsoft products for City use. Staff recommend that City Council authorize staff to issue a Purchase Order for FY 2025- 26 for an amount not-to-exceed $165,000, which includes the payment of the third year of the Licensing Agreement (for $95,000) and for potential hardware and equipment that is deemed necessary during the course of the fiscal year. Account number(s): 101-400-1470-5201 ($95,000) (General Fund / Information Technology / Repair & Maintenance Services) 101-400-1470-4310 ($20,000) (General Fund / Information Technology / Repair & Maintenance Services) 681-400-0000-4401 ($50,000) (Equipment Replacement / Unassigned / Rents & Leases) #6 - Jeff Koven Jeff Koven has provided audio-visual services to the City’s RPVtv Channel since 2011, namely filming City Council meetings, City events, and segments for RPVtv shows. Mr. Koven’s three-year Professional Services Agreement is scheduled to expire on August 16, 2025. To ensure continuity of services, Staff recommends City Council to authorize Amendment No. 1 to extend Mr. Koven’s Agreement by an additional year, update his hourly rates, and increase his contract compensation by $40,000 for a total not-to-exceed amount of $160,000. Account number(s): 101-400-1440-5101 ($125,000) (RPV TV Professional / Tech Services) #7 - Maria Serrao Maria Serra has provided television production services to the City’s RPVtv Channel since 2011, namely filming City events and filming segments for RPVtv shows. Ms. Serrao’s three-year Professional Services Agreement is scheduled to expire on August 16, 2025. To ensure continuity of services, Staff recommends City Council authorize Amendment No. 1 to extend Ms. Serrao’s Agreement by an additional year and increase her contract compensation by $46,000 for a total not-to-exceed amount of $184,000. Account number(s): 101-400-1440-5101 ($125,000) (RPV TV Professional / Tech Services) 5 #8 - SHI International Corp. SHI International Corp. (SHI) provides annual software licensing and services, warranties for hardware, and support to the City’s Information Technologies (IT) division, and assists the IT division in miscellaneous hardware and software purchases. Staff recommend that City Council authorize staff to issue a Purchase Order for FY 2025- 26 in an amount not-to-exceed $85,000. Account number(s): 101-400-1470-5201 ($65,000) (General Fund / Information Technology / Repair & Maintenance Services) 101-400-1470-4310 ($20,000) (General Fund / Information Technology / Operating Materials & Supplies) #9 - Tripepi Smith and Associates, Inc. Tripepi Smith and Associates, Inc. (Tripepi Smith) provides strategic landslide communications support services to the City. The City entered into a one -year Agreement with Tripepi Smith for $35,000 in June 2024 under the local state of emergency declaration. Staff recommend that City Council approve Amendment No. 1 (Attachment C) to extend the Agreement through June 30, 2026, and increase the contract amount to a not-to- exceed amount of $117,500. The estimated cost for FY 2025-26 is not-to-exceed $35,500. Account number(s): 101-400-2999-5101 (General Fund / Non-Departmental / Professional & Technical Services) COMMUNITY DEVELOPMENT DEPARTMENT #10 - Coleen Berg (Choice Mediation) Coleen Berg (Choice Mediation) provides mediation consulting services, primarily associated with view preservation and restoration cases, on an as-needed basis. The City entered into a two-year Professional Services Agreement (Agreement with Ms. Berg) for a not-to-exceed amount of $135,000 on July 1, 2022, with an option to extend the term by one year. On July 1, 2024, the City Council exercised the option to extend the term through June 30, 2025 by approving Amendment No. 1. Staff recommend that City Council approve proposed Amendment No. 2 (Attachment F) to authorize Ms. Berg to continue providing mediation consulting services to the City by extending the term of the Agreement by three years, through June 30, 2028, and increase the contract amount by $135,000, to a revised not-to-exceed amount of $270,000. The estimated cost in FY 2025-26 is not to exceed $45,000. 6 Account number(s): 101-400-4150-5101 (General Fund / View Restoration / Professional & Technical Services) #11 - Cotton, Shires and Associates, Inc. Cotton, Shires and Associates, Inc. (Cotton Shires) provides on-call geotechnical consulting services on an as-needed basis. These services are specific to permit applications and not related to the services provided by Cotton Shires related to the landslide complex, which is addressed separately through the Capital Improvement Program. The City entered into a two-year Agreement with Cotton Shires for $540,000 on July 1, 2022, with an option to extend services for one-year. The City Council exercised the option to extend the term through June 30, 2025 by approving Amendment No. 1 on July 1, 2024. Staff recommend that City Council approve Amendment No. 2 (Attachment G) to extend the Agreement through June 30, 2027 and increase the contract amount to a not-to- exceed amount of $900,000. It is important to note that applicants / property owners pay for the expenses related to this contract, through Trust Deposits. Although billing rates remain unchanged for Amendment No. 2, Cotton Shires has stated that they will likely request a 10% rate increase for work after June 30, 2026. The estimated cost in FY 2025-26 is not to exceed $180,000. Account number(s): 101-400-4170-5101 (General Fund / Geology / Professional & Technical Services) #12 - Coyote Wildlife and Pest Solutions, Inc. Coyote Wildlife and Pest Solutions, Inc. (Coyote Wildlife) provides services to the City in response to concerns regarding coyotes. The City entered into a two-year Professional Service Agreement with Coyote Wildlife on September 5, 2023 for $180,000, with an option to extend the contract term by an additional year. Staff recommend that City Council approve Amendment No. 1 (Attachment H) to the Agreement with Coyote Wildlife to extend the Agreement through June 30, 2026, without increasing the contract amount of $180,000. The estimated cost in FY 2025-26 is not to exceed $60,000. Account number: 101-400-4180-5101 (General Fund / Animal Control / Professional & Technical Services) #13 - Infinity Technologies Infinity Technologies (Infinity) provides on-call Citywide Geographic Information System (GIS) services. The City entered into a two-year Professional Services Agreement with 7 Infinity (Agreement with Infinity) for $225,000 on June 30, 2023, with the option to extend the contract term by an additional year. Staff recommend that City Council approve Amendment No. 1 (Attachment I) to the Agreement with Infinity to exercise that option and extend the term of the Agreement through June 30, 2026 without increasing the contract sum. The estimated cost in FY 2025-26 is not-to-exceed $75,000. Account number: 101-400-4110-5101 (General Fund / Community Dev. Admin. / Professional & Technical Services) #14 - LSA Associates, Inc. LSA Associates, Inc. (LSA) provides on-call biological review services on an as needed basis. The City entered into a two-year Professional Services Agreement with LSA (Agreement with LSA) for $30,000 on July 1, 2022, with the option to extend the term by one year. On July 1, 2024, the City Council exercised the option to extend the term through June 30, 2025, by approving Amendment No. 1. Staff recommend that City Council approve Amendment No. 2 (Attachment J) to the Agreement with LSA to extend the term of the agreement by two additional years, through June 30, 2027, without increasing the contract amount of $30,000. It is important to note that the City is reimbursed by applicants / property owners, through Trust Deposits, for most expenses related to this contract. The estimated cost in FY 2025-26 is not to exceed $30,000. Account number: 101-400-4120-5101 (General Fund / Planning / Professional & Technical Services ) #15 - Willdan Engineering Willdan Engineering (Willdan) provides on-call consulting review services on an as- needed basis. The City entered into a two-year Professional Services Agreement with Willdan (Agreement with Willdan) for $12,000 on July 1, 2022, with the option to extend the term by one year. On July 1, 2024, the City Council exercised the option to extend the term through June 30, 2025, by approving Amendment No. 1. Staff recommend that City Council approve Amendment No. 2 (Attachment K) to the Agreement with Willdan, to extend the term of the Agreement by two additional years, through June 30, 2027, and increase the contract amount by $30,000, resulting in a revised contract sum of $42,000. It is important to note that the expenses related to this contract are paid by applicants / property owners through Trust Deposits. The estimated cost in FY 2025-26 is not to exceed $30,000. 8 Account number: 101-400-4120-5101 (General Fund / Planning / Professional & Technical Services ) FINANCE DEPARTMENT #16 - Shuster Advisory Group, LLC On December 13, 2019, the City approved an Agreement with SFG Retirement Plan Consulting, LLC, now the Shuster Advisory Group, LLC (Shuster) to provide Fiduciary and Non-Fiduciary Services for the City’s 457 Deferred Compensation, 401 Money Purchase Plan and Trust, and Retirement Health Savings Plans. This service is critical for the City’s human resources and payroll bi-weekly process. While the City has used this service since 2019, a recent review by Staff, in coordination with the City Attorney, determined that it would be best to enter into a new agreement. Therefore, rather than a renewal, Staff recommend that City Council approve a new Contract Services Agreement (Attachment L) for Shuster to continue to provide those services at the same annual rate the City has been charged each year since January 2021. The new Contract Services Agreement is for a three-year term, with the option of two one-year extensions, at an annual rate of $22,000. This amount is charged throughout the year directly from the City’s plan assets. The estimated cost for FY 2025-26 is not-to-exceed $22,000. (Not paid through an invoice, instead, an offset directly from the City’s plan assets). Account number(s): N/A PUBLIC WORKS DEPARTMENT #17 - All City Management Services, Inc. All City Management Services, Inc. (ACMS) provides crossing-guard services before and after school (including summer sessions) at four school locations within the City . The City partners with Palos Verdes Peninsula Unified School District (PVPUSD) and the Peninsula Education Foundation (PEF) and shares the costs of crossing guard services at the three PVPUSD school locations, with the City being assigned 43% of the costs, whereas the City pays the full cost of crossing guard services at the Los Angeles Unified School District (LAUSD) location. The following locations and associated number of crossing-guards positions assigned are: ▪ (PVPUSD) Miraleste Intermediate School ........ 3 guards ▪ (PVPUSD) Ridgecrest Intermediate School ...... 1 guard ▪ (PVPUSD) Silver Spur Elementary School ....... 2 guards ▪ (LAUSD) Dodson Middle School ....................... 1 guard ACMS has provided these services for the City since 2001, and the City contracts with ACMS to help ensure maximum continuity of services with crossing guard services provided by PVPUSD. 9 The City entered into a one-year Agreement with ACMS for $62,507 in June 2023, with the option for two one-year extensions, based on mutual consent. The City Council exercised the first option, extending the term through June 30, 2025 and increasing the contract sum by $59,048, by approving Amendment No. 1 on June 18, 2024. Staff recommend that City Council approve Amendment 2 (Attachment M) for ACMS to continue to provide crossings guard services, extending the term of the agreement through June 30, 2026 and increasing the contract sum by $143,338. This proposed extension to provide crossing guard services for the 2025 -26 school year is based on a negotiated rate of $143,338 plus 15% contingency. The estimated cost in FY 2025-26 is not-to-exceed $164,839, of which up to $70,881 is the City’s financial obligation and up to $93,958 is the financial obligation of PVPUSD and the Peninsula Education Foundation based on the assigned percentages of costs described above. Account Number(s): 101-400-3120-5101 ($70,881) (General Fund / Traffic Safety / Professional & Technical Services) #18 - Bay Alarm Bay Alarm provides security, fire monitoring, and response services for City facilities. Staff solicited security and fire monitoring services in 2019 and found Bay Alarm the lowest cost. Staff have since requested quotes from other companies providing similar services; however, other vendors have declined to provide quotes, citing limits of their service areas. Therefore, Staff recommend that City Council authorize staff to issue a purchase order for FY 2025-26 in an amount not-to-exceed $52,000 Account number(s): 101-400-3140-5201 (General Fund / Building Maintenance / Repair & Maintenance Services) #19 - Black Knight Black Knight Patrol, LLC (Black Knight) provides security and patrol services to the City, including opening and securing gates at parks and facilities, and security services for City events such as Whale of Day, July 4th Celebration, Trunk-or-Treat and Concerts in the Park events. On July 1, 2021, the City entered a 3-year contract with Black Knight, with the option of one additional 1-year term that expires June 30, 2025. Black Knight has provided satisfactory service. Staff recommend that City Council approve Amendment 2 (Attachment N) to the Agreement with Black Knight to extend the current contract for an additional 1-year term for service through June 30, 2026, with a total contract sum amount of $178,000. The estimated cost in FY 2025-26 is not-to-exceed $32,000. Account number(s): 101-400-3140-5201 10 (General Fund / Building Maintenance / Repair & Maintenance Services) #20 - Eagle Portables Eagle Portables provides mobile restrooms and sinks for parks, trails, open spaces, City facilities, and Recreation and Parks Department special events. Staff obtained informal quotes for these services from four vendors and found Eagle Portables to be the lowest cost. Therefore, Staff recommend that City Council approve staff to issue a purchase order for FY2025-26 in an amount not-to-exceed $38,000. Account number(s): 101-400-3150-5106 ($30,000) (General Fund / Trails & Open Space Maintenance / Rents & Leases) 101-400-5170-5106 ($8,000) (General Fund / Special Events & Programs / Rents & Leases) #21 - Howards Electric Howards Electric provides on-call/emergency electrician services to help the City maintain various City facilities and the Abalone Cove Sewer System District, including replacing electrical components of the low-pressure grinder pump systems. Staff have attempted to obtain services from other vendors; however, Howard Electric has been the only vendor that has provided reliable and consistent service when needed. Therefore, Staff recommend that City Council authorize the services and authorize staff to issue a purchase order in an amount not-to-exceed $34,000. Account number(s): 101-400-3140-5201 ($28,000) (General Fund / Building Maintenance / Repair & Maintenance Services) 225-400-0000-5201($6,000) (Abalone Cove Sewer Maintenance Fund / Unassigned / Repair & Maintenance Services) #22 - Palos Verdes Peninsula Transit Authority The Palos Verdes Peninsula Transit Authority (PVP Transit), created by the cities of Rancho Palos Verdes, Palos Verdes Estates, and Rolling Hills Estates in April 2012, provides public transportation services for the Peninsula community, including the Dial - A-Ride service for eligible residents. Staff recommend that City Council authorize staff to issue a purchase order for these continued services in an amount not -to-exceed $903,200. Account number(s): 216-400-0000-5120 (Proposition A Fund / Unassigned / Transit Programs) #23 - Statewide Safety Systems Statewide Safety Systems (Statewide) produces regulatory roadway signs, street signs, park signs, and related hardware that have been purchased in recent years by the City for the replacement, repair, and maintenance of roadway signs throughout the City. Staff 11 obtained informal quotes from three vendors and found Statewide to be the offer the lowest price on these products. Therefore, Staff recommend that City Council approve a purchase order for FY 2025-26 in an amount not-to-exceed $44,000. Account number(s): 101-400-3150-4310 ($8,000) (General Fund / Trails & Open Space Maintenance / Operating Materials & Supplies) 101-400-3151-4310 ($6,000) (General Fund / Parks Maintenance / Operating Materials & Supplies) 202-400-3180-4310 ($30,000) (Proposition A Fund / Unassigned / Operating Materials & Supplies) #24 - Unisan Products Unisan Products (Unison) is a well-known supplier of custodial cleaning supplies and consumables, from which the City has purchased products for use at City facilities. This vendor has fulfilled orders without interruption and delivered products in a timely manner, whereas others have had supply shortages. Based on informal quotes, this vendor’s prices are competitive with the market. Therefore, Staff recommend that City Council authorize staff to issue a purchase order for FY 2025-26 in an amount not-to-exceed $45,000. Account number(s): 101-400-3140-4310 (General Fund / Building Maintenance / Operating Materials & Supplies) #25 - Waltons Automotive Group, Inc. Waltons Automotive Group Inc (Waltons) provides on-call/emergency automotive repair services to City fleet vehicles and equipment including annual smog testing as required by the State. Services also include inspections and replacing mechanical components, tire replacement, routine maintenance, and towing. Waltons is one of two local Peninsula full service mechanic shops, more competitively priced than the other local mechanic shop, and has experience servicing fleets such as the City’s. Therefore, Staff recommend that City Council approving their use of ser vices provided by Waltons and authorize staff to issue a purchase order for FY 2025 -26 in an amount not-to-exceed $50,000. Account number: 101-400-3240-5201 (General Fund / Building & Safety / Professional & Technical Services) #26 - West Coast Arborist West Coast Arborists (WCA) provides arborist services to assist the Public Works Department address tree concerns. The City entered into a five-year Agreement for Professional Services with WCA in June 2020. Staff recommend that the City Council approve Amendment 2 (Attachment O) for WCA 12 to continue providing services to the City, extending the term of the Agreement to June 30, 2026 and increasing the contract sum to a not-to-exceed amount of $2,541,478, with an annual not to exceed amount of $500,000. It should be noted that the Agreement is forthcoming and will be provided to the City Council as late correspondence. Account number: 101-400-3180-5201 ($200,000) (General Fund / Street Landscape Maintenance / Professional & Technical Services) 213-400-0000-5201 ($100,000) (Waste Reduction Fund / Unassigned / Professional & Technical Services) 221-400-0000-5201 ($200,000) (Measure M Fund / Unassigned / Professional & Technical Services) RECREATION AND PARKS DEPARTMENT #27 - Kathleen Borgida Kathleen Borgida (Ms. Borgida) has provided yoga and fitness classes through the City’s Recreation and Parks Department since 2021. Each subsequent fiscal year, the City has entered into a one-year “Agreement for Class Instruction.” Staff recommend approving a new Agreement for Class Instruction (Attachment P) for her to continue to provide those classes through June 30, 2026. The estimated cost in FY 2025-26 is not-to-exceed $31,000, which is more than offset by attendee fees generated by the classes. Ms. Borgida is paid 70% of attendee fees, while the City retains the remaining 30%. Account Number(s): 101-400-5131-5101 (General Fund / Recreation and Parks/ Professional & Technical Services) #28 - Marina Graphic Center, Inc. Marina Graphic Center, Inc (Marina Graphic) has provided printing services to the City’s Recreation and Parks Department, primarily for publication of the City’s quarterly newsletters and recreation guides and their preparation for mailing. The most recent agreement with Marina Graphic is set to expire on June 30, 2025. Staff recently completed a bidding process under which Marina Graphic was the successful lowest responsible bidder, and Staff recommend approving a new Agreement (Attachment Q) for Marina Graphic to provide those services through June 30, 2026, with the option for the City to extend those services by two one-year extensions, at an annual not-to-exceed cost of $39,728. This amount reflects a reduction from the FY2024-25 not-to-exceed cost of $42,364. The estimated cost in FY 2025-26 is not-to-exceed $39,728. 13 Account Number(s): 101-400-5110-5103 ($20,000) (General Fund / Recreation Administration / Printing & Binding) 101-400-1420-5103 ($6,400) (General Fund / Community Outreach / Printing & Binding) 101-400-2999-5103 ($1,200) (General Fund / Non-Departmental / Printing & Binding) 213-400-0000-5103 ($10,000) (Waste Reduction Fund / / Printing & Binding) 216-400-0000-5103 ($2,200) (Proposition A Fund / / Printing & Binding) #29 - Matsumoto Music, LLC Matsumoto Muisc, LLC (Matsumoto Music) has provided a variety of music-themed classes through the City’s Recreation and Parks Department since 2023. Each subsequent fiscal year, the City has entered into a one-year “Agreement for Class Instruction”, with the current agreement set to expire on June 30, 2025. Staff recommend approving a new Agreement for Class Instruction (Attachment R) for Matsumoto Music to continue to provide those classes through June 30, 2026. The estimated cost in FY 2025-2026 is not to exceed $47,000, which is more than offset by attendee fees generated by the classes. Matsumoto is paid 70% of attendee fees, while the City retains the remaining 30%. Account Number(s): 101-400-5131-5101 (General Fund / Contract Classes / Professional & Technical Services) NON-DEPARTMENT #30 - Media News Group (Daily Breeze and PV News) Media News Group owns and operates the local news publications Daily Breeze and Peninsula News, which is utilized by the City to advertise various City activities, including advertisements for bids, elections, job recruitments, requests for qualifications and proposals, and legal notices of public hearings. Staff recommend that City Council authorize the continued use of the Daily Breeze and Peninsula News for City advertisements and authorize staff to issue a purchase order for FY2025-26 in an amount not-to-exceed $50,000. Account Number(s): 101-400-XXXX-4310 (General Fund / [various] / Operating Materials & Supplies) #31 - Office Depot Office Depot is a well-known national supplier of common office supplies, products and small equipment, from which the City has purchased products to support daily operations. 14 Staff recommend that City Council authorize staff to issue purchase orders in FY2025-26 with a cumulative total amount not-to-exceed $50,000. Account number(s): 101-400-XXXX-4310 (General Fund / [various] / Operating Materials & Supplies) #32 - WilScot Mobile Mini (Mobile Mini) WilScot Mobile Mini (Mobile Mini) provides storage units and other equipment for rent. The City has historically rented such storage units for miscellaneous department storage and the City, currently rents an office trailer for the Open Space Management Division of the Recreation and Parks Department to provide additional office and storage space at the Ken Dyda Civic Center location. Staff recommend that City Council authorize staff to issue a purchase order in FY2025 - 26 to continue the rental of these units and trailer in an amount not to exceed $40,000. Account Number(s): 101-400-XXXX-5106 (General Fund / [various] / Rents & Leases) CONCLUSION: In conclusion, the City Council is requested to approve the recommended amendments, agreements and purchase orders exceeding $25,000 and authorize the Mayor to sign approved agreements and amendments, adhering to the City policies and ordinances referenced above. Vendor information, contract terms, and budget details have been provided within this report and as attachments. Lastly, any expenditure beyond the not- to-exceed (NTE) amounts will require further City Council approval as per the City's Purchasing Ordinance. ALTERNATIVES: In addition to the Staff recommendation s, the following alternative actions are available for the City Council’s consideration: 1. Do not approve extensions to certain agreements and direct Staff to issue requests for proposals for consideration by the City Council at a later date. 2. Identify concerns with contract amounts and provide Staff with direction. 3. Discuss and take other action related to this item. 15 CITY OF RANCHO PALOS VERDES Maintenance and Opersations Vendors Over $25,000 for FY 2025-26 Item No. Vendor Name Program Description Object Description FY 2025-26 Budget 1 Azteca Systems, LLC $48,000 101-400-1470-5201 Admin - Information Technology (Data)(Repair & Maintenance Services)$48,000 2 Blais & Associates, LLC $59,336 101-400-1470-5201 Admin - Information Technology (Data)(Repair & Maintenance Services)$59,336 3 Canon Solutions America $56,500 101-400-1470-5201 Admin - Information Technology (Data)(Repair & Maintenance Services)$14,000 681-400-0000-5106 (Unassigned)(Rents & Leases)$42,500 4 Civic Plus $33,000 101-400-1470-5201 Admin - Information Technology (Data)(Repair & Maintenance Services)$33,000 5 DELL Marketing, LP $165,000 101-400-1470-5201 Admin - Information Technology (Data)(Repair & Maintenance Services)$95,000 101-400-1470-5201 Admin - Information Technology (Data)(Repair & Maintenance Services)$20,000 101-400-1470-5201 Admin - Information Technology (Data)(Repair & Maintenance Services)$50,000 6 Jeff Koven $40,000 101-400-1440-5101 Admin - RPV TV (Professional/Technical Services)$40,000 7 Maria Serrao $46,000 101-400-1440-5101 Admin - RPV TV (Professional/Technical Services)$46,000 8 SHI International Corp $85,000 101-400-1470-5201 Admin - Information Technology (Data)(Repair & Maintenance Services)$65,000 101-400-1470-4310 Admin - Information Technology (Data)(Operating Materials & Supplies)$20,000 9 Tripepi Smith and Associates, Inc.$35,500 101-400-1470-5201 Admin - Information Technology (Data)(Repair & Maintenance Services)$35,500 10 Coleen Berg (Choice Mediation)$45,000 101-400-1470-5201 Admin - Information Technology (Data)(Repair & Maintenance Services)$45,000 11 Cotton, Shires and Associates, Inc.$180,000 101-400-1470-5201 Admin - Information Technology (Data)(Repair & Maintenance Services)$180,000 12 Coyote Wildlife and Pest Solutions, Inc.$60,000 101-400-4180-5101 CDD - Animal Control (Professional/Technical Services)$60,000 13 Infinity Technologies $75,000 101-400-4110-5101 CDD - Administration (Professional/Technical Services)$75,000 14 LSA Associates, Inc.$30,000 101-400-4120-5101 CDD - Planning (Professional/Technical Services)$30,000 15 Willdan Engineering $30,000 101-400-4120-5101 CDD - Planning (Professional/Technical Services)$30,000 16 Shuster Advisory Group, LLC $22,000 N/A N/A (Professional/Technical Services)$22,000 17 All City Management Services, Inc.$70,881 101-400-3120-5101 PW - Traffic Safety (Professional/Technical Services)$70,881 18 Bay Alarm $52,000 101-400-3140-5201 PW - Building Maintenance (Repair & Maintenance Services)$52,000 19 Black Knight Patrol, LLC $32,000 101-400-3140-5201 PW - Building Maintenance (Repair & Maintenance Services)$32,000 20 Eagle Portables $38,000 101-400-3150-5106 PW - Trails & Open Space Maintenance (Rents & Leases)$30,000 101-400-5170-5106 RP - Special Events & Programs (Rents & Leases)$8,000 A-1 CITY OF RANCHO PALOS VERDES Maintenance and Opersations Vendors Over $25,000 for FY 2025-26 21 Howards Electric $34,000 101-400-3140-5201 PW - Building Maintenance (Repair & Maintenance Services)$28,000 225-400-0000-5201 (Unassigned)(Repair & Maintenance Services)$6,000 22 Palos Verdes Peninsula Transit Authority $903,200 216-400-0000-5120 (Unassigned)(Transit Programs)$903,200 23 Statewide Safety Systems $44,400 101-400-3150-4310 PW - Trails & Open Space Maintenance (Operating Materials & Supplies)$8,000 101-400-3151-4310 PW - Parks Maintenance (Operating Materials & Supplies)$6,400 202-400-3180-4310 PW - Street Landscape Maintenance (Operating Materials & Supplies)$30,000 24 Unison Products $45,000 101-400-3140-4310 PW - Building Maintenance (Operating Materials & Supplies)$45,000 25 Waltons Automotive Group, Inc.$50,000 101-400-3240-5201 (Vehicle Maintenance)(Repair & Maintenance Services)$50,000 26 West Coast Arborists $500,000 101-400-0000-5201 (Unassigned)(Repair & Maintenance Services)$500,000 27 Kathleen Borgida $31,000 101-400-5131-5101 RP - Contract Classes (Professional/Technical Services)$31,000 28 Marina Graphic Center, Inc.$39,800 101-400-5110-5103 RP - Administration (Printing / Binding)$20,000 101-400-1420-5103 Admin - Community Outreach (Printing / Binding)$6,400 101-400-2999-5103 Non-Departmental (Printing / Binding)$1,200 213-400-0000-5103 (Unassigned)(Printing / Binding)$10,000 216-400-0000-5103 (Unassigned)(Printing / Binding)$2,200 29 Matsumoto Music, LLC $47,000 101-400-5131-5101 RP - Contract Classes (Professional/Technical Services)$47,000 30 Media News Group (Daily Breeze and PV News)$50,000 101-400-XXXX-4310 Various (Operating Materials & Supplies)$50,000 31 ODP Business Solutions (Office Depot)$50,000 101-400-1470-5201 Admin - Information Technology (Data)(Repair & Maintenance Services)$50,000 32 WilScot Mobile Mini $40,000 101-400-1470-5201 Admin - Information Technology (Data)(Repair & Maintenance Services)$40,000 Grand Total $3,037,617 A-2 AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL SERVICES THIS AMENDMENT to that certain AGREEMENT FOR PROFESSIONAL SERVICES (“Amendment No. 2”) by and between the CITY OF RANCHO PALOS VERDES (“City”) and BLAIS & ASSOCIATES, LLC, a Texas limited liability company (“Consultant”) is effective as of June 17, 2025. RECITALS A. City and Consultant entered into that certain “Agreement for Professional Services dated,” June 20, 2023 (“Agreement”), whereby Consultant agreed to provide grant management services (the “Services”) for one year for a Contract Sum of $62,507. The Agreement provided for two additional one-year extensions at the City’s discretion. B. In June of 2024, City and Consultant amended the Agreement to extend the Term of the Agreement through June 30, 2025 and increased the Contract Sum by $59,048, to $121,555 (“Amendment No. 1”). C. City and Consultant now desire to further amend the Agreement, as amended (“Amendment No. 2”), and exercise the option to extend the Term of the Agreement for one year through June 30, 2026 and increase the Contract Sum by $59,336, for a maximum Contract Sum of $180,891. TERMS 1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. (a) Section 2.1, Contract Sum, is hereby amended to read: 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 $121,555 (One Hundred Twenty One Thousand Five Hundred Fifty Five Dollars) $180,891 (One Hundred Eighty Thousand Eight Hundred and Ninety One Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9. (b) Section 3.4, Term & Extended Term, is hereby amended to read: Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding June 30, 2025 June 30, 2026 except as otherwise B-1 -2- provided in the Schedule of Performance (Exhibit “D”). The City may, in its sole discretion, extend the Term by one (1) additional one-year term) provided the City give written notice of the same not later than ninety (90) days’ before the expiration of the Term. (c) Section I of Exhibit “C” Schedule of Compensation shall be amended to include: For FY 2025-26, Consultant shall perform all tasks on a fixed fee basis per the schedule below: Task Description Estimated Total Cost 6) Research Consultation, Monitoring, and Fact Sheets Monitor/send targeted grant opportunities, summaries, and fact sheets; Develop Monthly Grant Activity Reports (GARs); Monthly calls to review opportunities and grants in-progress; Go/no-go consultation; Participate in coordination calls with client; Develop Year-End Grant Roll-Up Reports. $3,178 Monthly Fixed Fee 7) Grant Application Development Full turnkey or collaborative grant writing development to include submission (cost will vary by application complexity and client involvement). Quoted upon request; up to $21,200/year* 8) Grant Management Services Grant management and reporting services (cost will vary by application complexity and client involvement). Quoted upon request** 9) BGAPS Grant Management Software Proprietary grant management software system. Quoted upon request (30-day FREE trial) Total $59,048 $59,336 *All grant proposal development projects are quoted upon request based on specific project requirements (costs typically range between $5,000 - $25,000 per grant application). B-2 -3- **All grant reporting and management projects are quoted upon request based on specific project requirements (costs typically range between $500 - $2,500/month per grant). (d)Exhibit “C-1” Schedule of Fees and Costs, is hereby amended to read: Description Fee Professional Services FY 2024-25: Monthly Fixed Fee of $3,154 FY 2025-26: Monthly Fixed Fee of $3,178 External Consultants (e.g., BCA analysis) Cost -no markup Mileage Prevailing Standard IRS Rate Travel (tolls, taxi, airfare, hotel) Cost -no markup Printing, Copying, Binding, etc. Cost -no markup Shipping Express Mail, or Courier Cost -no markup 2.Continuing Effect of Agreement. Except as amended by this Amendment No.2, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No.2, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No.2 to the Agreement. 3.Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation. B-3 -4- Consultant represents and warrants to City that, as of the date of this Amendment No.2, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. City represents and warrants to Consultant that, as of the date of this Amendment No.2, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2. 5. Authority. The persons executing this Amendment No. 2 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No. 2, such party is formally bound to the provisions of this Amendment No. 2, and (iv) the entering into this Amendment No 2 does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] B-4 IN WITNESS WHEREOF, th e parti es hereto have exec ut ed thi s Ag ree ment on the date and year fir st -above w ritt e n. ATT ES T: Te resa Takaoka , C it y Clerk APPROVED AS TO FORM: ALES HIR E & WY NDER , LLP Wi lli am W. Wy nder, C ity Att o rn ey CITY: CITY OF RANCHO PALOS VE RD ES, a muni cipa l cor porat ion Dav id L. Brad ley, Mayo r CONSULTANT: N e : Jord a n.,P.. Ca rt er T itl e : C hi ef Exec ut ive O ffi cer By ~L. N~.ca\.ter T it le : Pres iderfl Ad dress : Blai s & Assoc iates -5 - 2807 A ll en Street, Su ite 2050 Da ll as, TX 75204 B-5 -6- 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. B-6 AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES THIS AMENDMENT to that certain AGREEMENT FOR PROFESSIONAL SERVICES (“Amendment No. 1”) by and between the CITY OF RANCHO PALOS VERDES (“City”) and TRIPEPI SMITH AND ASSOCIATES, INC., a California corporation (“Consultant”) is effective as of June 17, 2025. RECITALS A.City and Consultant entered into that certain Agreement for Professional Services dated June 18, 2024 (“Agreement”) whereby Consultant agreed to provide strategic landslide communications support services (the “Services”) for one year for a Contract Sum of $35,000. B. City and Consultant now desire to amend the Agreement (“Amendment No.1”) and extend the Term of the Agreement for one year through June 30, 2026 and increase the Contract Sum by $82,500 for a maximum Contract Sum of $117,500. TERMS 1.Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. (a) Section 2.1, Contract Sum, is hereby amended to read: 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 $35,000 (Thirty Five Thousand Dollars)$117,500 (One Hundred Seventeen Thousand Five Hundred Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9. (b) Section 3.4, Term, is hereby amended to read: 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 one year from the date hereof June 30, 2025, except as otherwise provided in the Schedule of Performance (Exhibit “D”). E-1 -2- (c) Section I of Exhibit “C” Schedule of Compensation shall be amended to include: I. Consultant shall perform the services at the following rates: 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. E-2 -3- D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. IV. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement. 2. Continuing Effect of Agreement. Except as amended by Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 1. 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation. Consultant represents and warrants to City that, as of the date of this Amendment No. 1, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. City represents and warrants to Consultant that, as of the date of this Amendment No. 1, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. 5. Authority. The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound. (d) Section V of Exhibit “A” Scope of Services shall be amended to read: V. Consultant will utilize the following personnel to accomplish the Services: A. Christine Martin - Account Manager and Strategic Advisor Jennifer Vaughn - Account Manager and Strategic Advisor B. Peter Johnson – Project Manager E-3 -4- C. Kara Cato Erin Pinkelman - Content Producer D. Members of Tripepi Smith’s Creative Team, as needed E-4 -5- [SIGNATURES ON FOLLOWING PAGE] E-5 -6- IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: CITY OF RANCHO PALOS VERDES, a municipal corporation ____________________________________ David L. Bradley, Mayor ATTEST: _________________________________ Teresa Takaoka, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP _________________________________ William W. Wynder, City Attorney CONSULTANT: TRIPEPI SMITH AND ASSOCIATES, INC., a California corporation By: Name: Ryder Todd Smith Title: Co-Founder & President By: Name: Nicole Smith Title: Chief Financial Officer Address: P.O. Box 52152, Irvine, CA 92619 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. E-6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On __________, 2024 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. E-7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On __________, 2024 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. E-8 01203.0005/984648.2 AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL SERVICES THIS AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES (“Amendment No. 2”) by and between the CITY OF RANCHO PALOS VERDES a California municipal corporation (City) and COLEEN BERG, an individual (“Consultant”), and is effective as of July 1, 2025. RECITALS A.City and Consultant entered into that certain “Agreement for Professional Services,” dated July 1, 2022 (“Agreement”), whereby Consultant agreed to provide mediation services for the View Restoration/Preservation Division of the Community Development Department for a Contract Sum of $135,000, for a Term of two years with an option to extend one additional year. B.On July 1, 2024, City and Consultant entered into Amendment No. 1, which amended the Agreement and exercised the option to extend the Agreement by one (1) calendar year without increasing the contract sum to continue to provide mediation services through June 30, 2025. C.City and Consultant now desire to enter into Amendment No. 2 to increase the total sum of the Agreement by $135,000 for a total Contract Sum of $270,000 and extend the Agreement 3 years to continue on-call Mediation professional services for the View Restoration/Preservation Planning Division through June 30, 2028. TERMS 1.Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. Section 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 $135,000 (One Hundred Thirty-Five Thousand Dollars) $270,000 (Two Hundred Seventy Thousand), (the Contract Sum"), unless additional compensation is approved pursuant to Section 1.9. Annual compensation shall not exceed $45,000 (Forty-Five Thousand Dollars). Compensation for the third year of the Term is contingent on renewal of the Agreement after the initial 2-year term. Section 3.4, Term is amended to read: 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 F-1 01203.0005/984648.2 but not exceeding two (2) years from the date hereof June 30, 2025, June 30, 2028 except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City may, in its discretion, extend the Term by one additional one year term by giving advance written notice of the same not later than sixty (60) calendar days prior to the expiration of the Term. 2. Continuing Effect of Agreement. Except as amended by Amendment No. 2, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 2. 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation. 4. Compensation and Method of Payment. Consultant represents and warrants to City that, as of the date of this Amendment No. 2, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 5. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2. 6. Authority. The persons executing this Amendment No 2. on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No. 2 , such party is formally bound to the provisions of this Amendment No.2, and (iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] F-2 F-3 G-1 G-2 G-3 G-4 H-1 H-2 H-3 01203.0005/977164.1 AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES THIS AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES (“Amendment No. 1”) by and between the CITY OF RANCHO PALOS VERDES a California municipal corporation (City) and INFINITY TECHNOLOGIES a California corporation, (“Consultant”) and is effective as of July 1, 2025. RECITALS A.On June 20, 2023 City and Consultant entered into Agreement for Professional Services (“Agreement”) whereby Consultant agreed to provide Citywide GIS services for a Contract Sum of $225,000 for the term of 2-years through June 30, 2025 with an option to extend the Agreement one additional year. B.City and Consultant now desire to exercise the option to extend the Agreement one- year without increasing the contract sum to continue to provide Consulting Services related to GIS through June 30, 2026. TERMS 1.Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. 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 June 30, 2025. 2026. The City may, in its discretion, extend the term by one additional one-year term. 2.Continuing Effect of Agreement. Except as amended by Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 1. 3.Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation. 4.Compensation and Method of Payment. Consultant represents and warrants to City that, as of the date of this Amendment No. 1, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. I-1 01203.0005/977164.1 5. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. 6. Authority. The persons executing this Amendment No 1. on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1 , such party is formally bound to the provisions of this Amendment No.1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] I-2 01203.0005/977164.1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: CITY OF RANCHO PALOS VERDES, a municipal corporation ____________________________________ David L. Bradley, Mayor ATTEST: _________________________________ Teresa Takaoka, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP _________________________________ William W. Wynder, City Attorney CONSULTANT: INFINITY TECHNOLOGIES, a California Corporation By: Name: Mohammad Ahmed Title: President By: Name: Mohammad Ahmed Title: CFO Address: 9831 W. Taron Drive Elk Grove, CA 95757 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. I-3 01203.0005/984355.2 AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL SERVICES THIS AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES (“Amendment No. 2”) by and between the CITY OF RANCHO PALOS VERDES a California municipal corporation (City) and LSA ASSOCIATES, INC. a California corporation, (“Consultant”) and is effective as of July 1, 2025. RECITALS A.On July 1, 2022 City and Consultant entered into that certain Agreement for Professional Services (“Agreement”) whereby Consultant agreed to provide on-call environmental consulting services for the Planning Division of the Community Development Department for a Contract Sum of $30,000, for a Term of two years with an option to extend one additional year. B.On July 1, 2024 City and Consultant amended the Agreement to exercise the option to extend the Agreement one year without increasing the Contract Sum to continue to provide on- call Consulting Services related to biological field surveys through June 30, 2025. C.City and Consultant now desire to enter into Amendment No. 2 to extend the Agreement two year without increasing the Contract Sum to continue to provide on-call Consulting Services related to biological field surveys through June 30, 2027. TERMS 1.Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. 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 two years, from the date hereof, June 30, 2027 except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City may, in its discretion, extend the Term by one additional one-year term. 2.Continuing Effect of Agreement. Except as amended by Amendment No. 2, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 2. 3.Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party J-1 01203.0005/984355.2 represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation. 4. Compensation and Method of Payment. Consultant represents and warrants to City that, as of the date of this Amendment No. 2, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 5. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2. 6. Authority. The persons executing this Amendment No 2. on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No. 2, such party is formally bound to the provisions of this Amendment No.2, and (iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] J-2 01203.0005/984355.2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: CITY OF RANCHO PALOS VERDES, a municipal corporation ____________________________________ David L. Bradley, Mayor ATTEST: _________________________________ Teresa Takaoka, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP _________________________________ William W. Wynder, City Attorney CONSULTANT: LSA ASSOCIATES, INC. is a California corporation. By: Name: Anthony Petros Title: CEO By: Name: Justin Cary Title: CFO Address: 3210 El Camino Real, Suite 100 Irvine, CA 92602 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. J-3 L-1 L-2 L-3 L-4 L-5 L-6 L-7 L-8 L-9 L-10 L-11 L-12 L-13 L-14 L-15 L-16 L-17 L-18 L-19 L-20 L-21 L-22 L-23 L-24 L-25 L-26 L-27 L-28 L-29 L-30 L-31 L-32 L-33 L-34 L-35 AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL SERVICES THIS AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES (“Amendment No. 2”) by and between the CITY OF RANCHO PALOS VERDES, a municipal corporation (“City”) and ALL CITY MANAGEMENT SERVICES, INC., a California corporation (“Consultant”) is effective as of June 17, 2025. RECITALS A.City and Consultant entered into that certain “Agreement for Professional Services,” dated June 20, 2023 (“Agreement”), whereby Consultant agreed to provide school crossing guard and related services for a Contract Sum of $129,865 for Fiscal Year 2023-24, with two optional one-year extensions. B.On June 18, 2024, City and Consultant entered into an amendment to the Agreement (“Amendment No. 1)” to extend the Term of the Agreement by one year, and to increase compensation by $138,120. C.City and Consultant now agree to further amend the Agreement to exercise the final of two-one-year extensions through July 31, 2025, and increase the yearly compensation up to $143,338, for a new Contract Sum of $411,323. TERMS 1.Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. a.Section 2.1, Contract Sum, is amended to read: 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 $267,985 (Two Hundred Sixty Seven Thousand Nine Hundred Eighty Five Dollars) $411,323 (Four Hundred Eleven Thousand Three Hundred Twenty-Three Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9. b.Section 3.4, Term, is amended to read: 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 July 31, 20242025 2026, except as otherwise provided in the Schedule of Performance (Exhibit “D”). M-1 c. Exhibit “A” Amendment No. 1 is repealed and replaced with Exhibit “A” Amendment No. 2 Scope of Services, attached hereto and incorporated by reference d. Exhibit “C” Amendment No. 1 is repealed and replaced with Exhibit “C” Amendment No. 2 Schedule of Compensation, attached hereto and incorporated by reference. e. Exhibit “D” Amendment No. 1 is repealed and replaced with Exhibit “D” Amendment No. 2 Schedule of Performance, attached hereto and incorporated by reference. 2. Continuing Effect of Agreement. Except as amended by Amendment No. 2, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 2. 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation. Consultant represents and warrants to City that, as of the date of this Amendment No .2, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. City represents and warrants to Consultant that, as of the date of this Amendment No. 2, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2. 5. Authority. The persons executing this Amendment No. 2 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No. 2, such party is formally bound to the provisions of this Amendment No. 2, and (iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] M-2 M-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On __________, 2024 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. M-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On __________, 2024 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. M-5 EXHIBIT “A” AMENDMENT NO.2 SCOPE OF SERVICES I. Consultant will perform Professional School Crossing Guard Services for the City of Rancho Palos Verdes from mid-August 2023 to the end of the summer school term in mid-July 2025; mid-August 2025 to the end of the summer school term in mid-July, 2025; and mid-August 2025 to the end of the summer school term in mid-July, 2026. Maps of the intersections and the approximate location of the Crossing Guards are attached in Exhibit A-Maps of the Agreement. • Consultant shall provide personnel equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks. Such personnel shall be herein referred to as a Crossing Guard. Consultant is an independent contractor and the Crossing Guards to be furnished by it shall at all times be its employees and not employees of City. • Consultant shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties. The apparel must be appropriate for weather conditions. Consultant shall also provide all Crossing Guards with handheld Stop Signs and appropriate safety vest. • Consultant shall provide supervisory personnel to see that Crossing Guard activities are taking place at the required place and times, and in accordance with all items of this agreement. • Consultant shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any person fails to report for work at the assigned time and location and agrees to provide immediate replacement. • Consultant shall provide personnel properly trained as herein specified for the performance of duties of Crossing Guards. In the performance of their duties the Consultant and employees of Consultant shall conduct themselves in accordance with the conditions of this Agreement and the laws and codes of the State of California pertaining to general pedestrian safety and school crossing areas. • Consultant’s Crossing Guards shall keep a daily record of all relevant information and incidents, including weather conditions, start and end times of services, and any traffic accidents or pedestrian injuries that occur during the Services. These records shall be provided to City upon request. • Crossing Guard Services shall be provided by Consultant at such designated locations as shall be identified by City from time to time, and at the designated hours on all days on which designated schools in the City of Rancho Palos Verdes are in session. Seven locations will have Crossing Guards. One Crossing Guard per location. M-6 • Each Crossing Guard will work a minimum of 3 hours per day, and in any event will cover both peak drop off and pickup times, no matter how long the services will be required. The typical peak times are between 7:15 AM to 8:15 AM, and pick up times are typically between 2:45 PM to 3:45 PM. This time varies slightly by each school. However, Consultant shall be responsible for adjusting the hours that services are provided based on observations of traffic patterns, and shall also stay informed of school events, holidays, and alternate scheduling (e.g., late-start days) that affect traffic patterns, and adjust service hours accordingly. • Crossing Guard services shall be provided every day that the appropriate Palos Verdes Peninsula Unified School District (PVPUSD) and Los Angeles Unified School District Schools are in session from mid-August 2023 to mid-July 2024; mid-August 2024 to mid- July, 2025; and mid-August 2025 to mid-July 2026, unless otherwise directed by City. • Services will be provided at the following locations: (1) Regular School Year: Dodson Middle School, Miraleste Intermediate School, Ridgecrest Intermediate School, and Silver Spur Elementary. Services will be provided at seven (7) total intersections as shown on the maps in Exhibit “A” of the Agreement. (2) Summer School Sessions: Miraleste Intermediate School. Services will be provided at two (2) intersections as shown on the maps in Exhibit “A” of the Agreement. Optional Addition: At the City’s sole discretion, an additional crossing guard, if needed, may be added at a location to be determined by the City’s Contract Officer. Consultant will be notified 30 days prior to implementation. The additional crossing guard shall be compensated at the rate in Exhibit C. II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City: NOT APPLICABLE III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports: NOT APPLICABLE IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City. V. Consultant will utilize the following personnel to accomplish the Services: A. Personnel will be assigned by Consultant as appropriate to staff all locations consistent with this Agreement. M-7 EXHIBIT “C’ AMENDMENT NO.2 SCHEDULE OF COMPENSATION I.Consultant shall perform the Services at the following rates for the 2023-24; 2024-25 and 2025-26 school years. The rates are inclusive of all equipment, materials, licenses and training necessary to perform the Services. Consultant will only be paid for actual days and hours worked, and will not be entitled to a flat weekly rate. The services are based on approximately 3,894 hours of work per school year, including summer school. Service 2023-24 Rate 2024-25 Rate 2025-26 Rate Crossing Guards Services: $33.35/hour $35.47/hour $36.81/hour (7)Crossing Guards working 3 hours per day for 180 School days $700.35/day $126,063 / 180 School Days $744.87/day $134,076.60 / 180 School Days $773.01/day $139,141.80/ 180 School Days Summer school tentatively (19) days with (2) Crossing Guards, working 3 hours per day $3,801.90. $4,043.58. $4,196.34 Subtotal $129,864.90 $138,120 $143,338 Contingency $19,479.74 $20,718 $21,500 Total Compensation $149,344.64 $158,838 $164,839 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.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. M-8 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. IV.The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement M-9 EXHIBIT “D” AMENDMENT NO. 2 SCHEDULE OF PERFORMANCE I.Consultant shall provide crossing guard services for the 2023-2024 and 2024-2025 school year including summer school sessions. Services shall be provided on every day that appropriate schools are in session, unless otherwise directed by City. A.The PVUSD and LAUSD 2023-24; 2024-25; and 2025-26 School Year Calendars (including Summer Session/Summer School calendars) are attached below. B.The PVPUSD 2023-24 School Year Calendar will be incorporated herein by reference once it is available. The PVPUSD calendar will be consistent with the following dates: • Wednesday, August 23rd – First day of Classes (Minimum Day) • Monday, September 4th – Holiday – Labor Day • Friday, November 10th – Holiday Veterans’ Day Observance • Monday, November 20th - Friday, November 24th – Thanksgiving Break • Friday, December 22nd – Minimum Day • Monday, December 25th – Friday, January 5th – Winter Break • Friday, March 29th – Minimum Day • Monday, April 1st – Friday, April 5th – Spring Break • Monday, May 27th – Holiday Memorial Day • Thursday, June 6th – Last day of Classes (Minimum Day) C.The PVPUSD 2024-25 School Year Calendar will be incorporated herein by reference once it is available. The PVPUSD calendar will be consistent with the following dates: •Wednesday, August 21st – First day of Classes (Minimum Day) •Monday, September 2nd – Holiday – Labor Day •Monday, November 11th – Holiday Veterans’ Day Observance •Monday, November 25th - Friday, November 29th – Thanksgiving Break •Friday, December 20th – Minimum Day •Monday, December 23rd – Friday, January 3rd – Winter Break •Monday, April 1st – Friday, April 5th – Spring Break • Friday, April 4th – Minimum Day •Friday, May 23rd – Minimum Day M-10 • Monday, May 26th – Holiday Memorial Day •Thursday, June 5th – Last day of Classes (Minimum Day) D.The PVPUSD 2025-26* School Year Calendar will be incorporated herein by reference once it is available. The PVPUSD calendar will be consistent with the following dates: •Wednesday, August 20th – First day of Classes (Minimum Day) •Monday, September 1st – Labor Day •Tuesday, November 11th – Holiday Veteran’s Day Observance •Monday, November 24th - Friday, November 28th – Thanksgiving Break •Friday, December 19th – Minimum Day •Monday, December 22nd – Friday, January 2nd – Winter Break •Monday, January 19th – Martin Luther King Jr. Day •Friday, April 3rd – Minimum Day •Monday, April 6th – Friday, April 10th – Spring Break •Monday, May 25th – Holiday Memorial Day •Thursday, June 4th – Last day of Classes (Minimum Day) * The entire calendar is subject to negotiations with CSEA and PVFA prior to being adopted by the Board of Education II.The Schedule may be revised by the Contract Officer pursuant to Section 3.2 of this Agreement. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. Any further extensions require City Council approval. M-11 III.PVPUSD 2023-24 School Year Calendar M-12 IV.PVPUSD 2024-25 School Year Calendar M-13 V.LAUSD 2023-24 School Year Calendar M-14 VI.LAUSD 2024-25 School Year Calendar M-15 VII. PVPUSD 2025-26 School Year Calendar M-16 LAUSD 2025-26 School Year Calendar M-17 AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL SERVICES THIS AMENDMENT to that certain AGREEMENT FOR PROFESSIONAL SERVICES ("Amendment No. 1") by and between the CITY OF RANCHO PALOS VERDES ("City") and WEST COAST ARBORISTS, INC., a California corporation ("Consultant"), is effective as of July 1, 2025 RECITALS A.City and Consultant entered into that certain Agreement for Professional Services dated June 16, 2020 ("Agreement") whereby Consultant agreed to provide tree trimming and maintenance services (the "Services") for a Term of five years, for a Contract Sum of $1,400,116. B.City and Consultant amended the Agreement on June 21, 2022 (Amendment No. 1) to increase the Contract Sum to a total not to exceed $2,041,478 for the Term of the contract, with an annual not-to-exceed amount of $500,000 for fiscal years 2022 -23 through 2024-25, with no change to the Consultant's rates, in order to account for the City's increased need for tree trimming and maintenance services. C.City and Consultant now desire to amend the agreement, extend services for one year, and increase the Contract Sum to a total not to exceed to $2,541,478 for the Term of the contract, with an annual not-to-exceed amount of $500,000 for fiscal years 2025 -26, with a three percent (3%) increase to the Consultant's rates from FY2024/25. TERMS 1.Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. a.Section 2.1, Contract Sum, is amended to read: "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 $2,041,478 (Two Million Forty One Thousand Four Hundred Seventy Eight Dollars) $2,541,478 (Two Million Five Hundred Forty-One Thousand Four Hundred Seventy Eight Dollars (the "Contract Sum"), and shall not exceed $500,000 (Five Hundred Thousand Dollars) annually for FY 202 5-26, unless additional compensation is approved pursuant to Section 1.9. " b.The annual budget table found in Section I of Exhibit C, "Schedule of Compensation", is amended to read: Docusign Envelope ID: C7A2D78D-2077-46F8-8322-0F83B7DBB109 N-1 Contract Year Annual Budget 1. FY 2020-21 $263,304 2. FY 2021-22 $278,174 3. FY 2022-23 $500,000 4. FY 2023-24 $500,000 5. FY 2024-25 $500,000 6. FY 2025-26 $500,000 Contract Sum $2,541,478 The "Annual Budget breakdowns" provided for FY 2024-25 in Section I of Exhibit C, "Schedule of Compensation", are hereby replaced with the following: TASK BUDGETED UNITS SUBTOTALS A. Periodic Tree Trimming $235,118.10 A.1 Right of way 2,999 $197,694.08 A.2 Park Locations 491 $37,424.02 B. Complete/Full trimming of trees for view restoration 62 $5,747.40 C. Certified Arborist Inspections 411 $38,110.00 D. Miscellaneous On-Call Tree Maintenance $221,029.76 D.l Complete /Full trimming of trees in right -of-way locations (with or without street access) 305 $29,530.10 D.2 Tree skirting 34 $2,241.28 D.3 Complete Tree and stump removals (very large 36" diameter and up) 34 $41,813.88 D.4 Complete Tree and stump removals (large 24" - 36" diameter) 34 $42,689.38 D.5 Complete Tree and stump removals (medium 12" - 24" diameter) 34 $24,303.88 D.6 Complete Tree and stump removals (small 12" diameter and less) 15 $5,932.80 D.7 Stump Only removals (very large 36" diameter and up) 24 $2,323.68 D.8 Stump Only removals (large 24" - 36" diameter) 24 $3,559.68 D.9 Stump Only removals (medium 12" - 24" diameter) 24 $3,065.28 D.10 Stump Only removals (small 12" diameter and less) 20 $1,936.40 D.11 Root pruning 100 $4,532.00 D.12 Tree planting (15 gallon with root barrier) 12 $1,903.44 D.13 Tree planting ( 15 gallon without root barrier) 12 $1,779.84 D.14 Tree planting (24" box with root barrier) 12 $4,993.44 01203.0006/791788.l -2- Docusign Envelope ID: C7A2D78D-2077-46F8-8322-0F83B7DBB109 N-2 D.15 Tree planting (24" box without root barrier) 11 $4,237.42 D.16 Palm tree trimming 10 $968.20 D.17 Crew Rental- Non-Emergency Clean Up and Trimming Work 24 $6,674.40 D.18 Supervisor/Certified Arborist - Non-Emergency Clean Up and Trimming Work 24 $2,234.07 D.19 Certified Inspection Arborist - Non-Emergency Clean Up and Trimming Work 24 $2,243.34 D.20 Tree Trimmer/Bucket Truck Operator - Non-Emergency Clean Up and Trimming Work 24 $2,224.80 D.21 Ground Person - Non-Emergency Clean Up and Trimming Work 24 $2,224.80 D.22 Tractor/Loader Operator - Non-Emergency Clean Up and Trimming Work 24 $2,224.80 D.23 Truck Driver - Non-Emergency Clean Up and Trimming Work 24 $2,224.80 D.24 Crupper Truck & Crupper Truck Operator - Non-Emergency Clean Up and Trimming Work 24 $2,224.80 D.25 Crane- All Sizes as Needed - Non-Emergency Clean Up and Trimming Work 7 $1,946.70 D.26 Crew Rental - Emergency Clean Up and Trimming Work 15 $6,257.25 D.27 Supervisor/Certified Arborist - Emergency Clean Up and Trimming Work 15 $2,085.75 D.28 Tree Trimmer/Bucket Truck Operator - Emergency Clean Up and Trimming Work 15 $2,085.75 D.29 Ground Person - Emergency Clean Up and Trimming Work 15 $2,085.75 D.30 Tractor/Loader Operator - Emergency Clean Up and Trimming Work 15 $2,085.75 D.31 Truck Driver- Emergency Clean Up and Trimming Work 15 $2,085.75 D.32 Crupper Truck & Crupper Truck Operator - Emergency Clean Up and Trimmin g Work 15 $2,085.75 D.33 Crane-All Sizes as Needed - Emergency Clean Up and Trimming Work 8 $2,224.80 Total $500,000 Section V of Exhibit C, "Schedule of Compensation", is amended to read: "The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement, nor the annual budgets provided in Exhibit "C 1". The consultant shall perform the services at the billing rates found in Exhibit "C-1", "Consultant's Rates"." 2. Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 2, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No.2 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations 01203.0006/791788.1 -3- arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party Docusign Envelope ID: C7A2D78D-2077-46F8-8322-0F83B7DBB109 N-3 represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation. Consultant represents and warrants to City that, as of the date of this Amendment No. 2, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. City represents and warrants to Consultant that, as of the date of this Amendment No. 2, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 4. Adequate Consideration. The parties hereto stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2. 5. Authority. The persons executing this Amendment No. 2 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No. 2, such party is formally bound to the provisions of this Amendment No. 2, and (iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] Docusign Envelope ID: C7A2D78D-2077-46F8-8322-0F83B7DBB109 N-4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: CITY OF RANCHO PALOS VERDES, a municipal corporation ___________________________________________________________ David L. Bradley, Mayor ATTEST: _______________________________ Teresa Takaoka, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP ________________________________ William Wynder, City Attorney CONSULTANT: West Coast Arborist Inc, a California Corporation By: ________________________ Name: Patrick Mahoney Title: President By: ________________________ Name: Richard Mahoney Title: Secretary Address: 2200 East Via Burton Anaheim, California 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. Docusign Envelope ID: C7A2D78D-2077-46F8-8322-0F83B7DBB109 N-5 Docusign Envelope ID: C7A2D78D-2077-46F8-8322-0F83B7DBB109 N-6 AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL SERVICES THIS AMENDMENT to that certain AGREEMENT FOR PROFESSIONAL SERVICES ("Amendment No. 1") by and between the CITY OF RANCHO PALOS VERDES ("City") and WEST COAST ARBORISTS, INC., a California corporation ("Consultant"), is effective as of July 1, 2025 RECITALS A.City and Consultant entered into that certain Agreement for Professional Services dated June 16, 2020 ("Agreement") whereby Consultant agreed to provide tree trimming and maintenance services (the "Services") for a Term of five years, for a Contract Sum of $1,400,116. B.City and Consultant amended the Agreement on June 21, 2022 (Amendment No. 1) to increase the Contract Sum to a total not to exceed $2,041,478 for the Term of the contract, with an annual not-to-exceed amount of $500,000 for fiscal years 2022 -23 through 2024-25, with no change to the Consultant's rates, in order to account for the City's increased need for tree trimming and maintenance services. C.City and Consultant now desire to amend the agreement, extend services for one year, and increase the Contract Sum to a total not to exceed to $2,541,478 for the Term of the contract, with an annual not-to-exceed amount of $500,000 for fiscal years 2025 -26, with a three percent (3%) increase to the Consultant's rates from FY2024/25. TERMS 1.Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. a.Section 2.1, Contract Sum, is amended to read: "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 $2,041,478 (Two Million Forty One Thousand Four Hundred Seventy Eight Dollars) $2,541,478 (Two Million Five Hundred Forty-One Thousand Four Hundred Seventy Eight Dollars (the "Contract Sum"), and shall not exceed $500,000 (Five Hundred Thousand Dollars) annually for FY 202 5-26, unless additional compensation is approved pursuant to Section 1.9. " b.The annual budget table found in Section I of Exhibit C, "Schedule of Compensation", is amended to read: Docusign Envelope ID: C7A2D78D-2077-46F8-8322-0F83B7DBB109 O-1 Contract Year Annual Budget 1. FY 2020-21 $263,304 2. FY 2021-22 $278,174 3. FY 2022-23 $500,000 4. FY 2023-24 $500,000 5. FY 2024-25 $500,000 6. FY 2025-26 $500,000 Contract Sum $2,541,478 The "Annual Budget breakdowns" provided for FY 2024-25 in Section I of Exhibit C, "Schedule of Compensation", are hereby replaced with the following: TASK BUDGETED UNITS SUBTOTALS A. Periodic Tree Trimming $235,118.10 A.1 Right of way 2,999 $197,694.08 A.2 Park Locations 491 $37,424.02 B. Complete/Full trimming of trees for view restoration 62 $5,747.40 C. Certified Arborist Inspections 411 $38,110.00 D. Miscellaneous On-Call Tree Maintenance $221,029.76 D.l Complete /Full trimming of trees in right -of-way locations (with or without street access) 305 $29,530.10 D.2 Tree skirting 34 $2,241.28 D.3 Complete Tree and stump removals (very large 36" diameter and up) 34 $41,813.88 D.4 Complete Tree and stump removals (large 24" - 36" diameter) 34 $42,689.38 D.5 Complete Tree and stump removals (medium 12" - 24" diameter) 34 $24,303.88 D.6 Complete Tree and stump removals (small 12" diameter and less) 15 $5,932.80 D.7 Stump Only removals (very large 36" diameter and up) 24 $2,323.68 D.8 Stump Only removals (large 24" - 36" diameter) 24 $3,559.68 D.9 Stump Only removals (medium 12" - 24" diameter) 24 $3,065.28 D.10 Stump Only removals (small 12" diameter and less) 20 $1,936.40 D.11 Root pruning 100 $4,532.00 D.12 Tree planting (15 gallon with root barrier) 12 $1,903.44 D.13 Tree planting ( 15 gallon without root barrier) 12 $1,779.84 D.14 Tree planting (24" box with root barrier) 12 $4,993.44 01203.0006/791788.l -2- Docusign Envelope ID: C7A2D78D-2077-46F8-8322-0F83B7DBB109 O-2 D.15 Tree planting (24" box without root barrier) 11 $4,237.42 D.16 Palm tree trimming 10 $968.20 D.17 Crew Rental- Non-Emergency Clean Up and Trimming Work 24 $6,674.40 D.18 Supervisor/Certified Arborist - Non-Emergency Clean Up and Trimming Work 24 $2,234.07 D.19 Certified Inspection Arborist - Non-Emergency Clean Up and Trimming Work 24 $2,243.34 D.20 Tree Trimmer/Bucket Truck Operator - Non-Emergency Clean Up and Trimming Work 24 $2,224.80 D.21 Ground Person - Non-Emergency Clean Up and Trimming Work 24 $2,224.80 D.22 Tractor/Loader Operator - Non-Emergency Clean Up and Trimming Work 24 $2,224.80 D.23 Truck Driver - Non-Emergency Clean Up and Trimming Work 24 $2,224.80 D.24 Crupper Truck & Crupper Truck Operator - Non-Emergency Clean Up and Trimming Work 24 $2,224.80 D.25 Crane- All Sizes as Needed - Non-Emergency Clean Up and Trimming Work 7 $1,946.70 D.26 Crew Rental - Emergency Clean Up and Trimming Work 15 $6,257.25 D.27 Supervisor/Certified Arborist - Emergency Clean Up and Trimming Work 15 $2,085.75 D.28 Tree Trimmer/Bucket Truck Operator - Emergency Clean Up and Trimming Work 15 $2,085.75 D.29 Ground Person - Emergency Clean Up and Trimming Work 15 $2,085.75 D.30 Tractor/Loader Operator - Emergency Clean Up and Trimming Work 15 $2,085.75 D.31 Truck Driver- Emergency Clean Up and Trimming Work 15 $2,085.75 D.32 Crupper Truck & Crupper Truck Operator - Emergency Clean Up and Trimmin g Work 15 $2,085.75 D.33 Crane-All Sizes as Needed - Emergency Clean Up and Trimming Work 8 $2,224.80 Total $500,000 Section V of Exhibit C, "Schedule of Compensation", is amended to read: "The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement, nor the annual budgets provided in Exhibit "C 1". The consultant shall perform the services at the billing rates found in Exhibit "C-1", "Consultant's Rates"." 2. Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 2, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No.2 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations 01203.0006/791788.1 -3- arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party Docusign Envelope ID: C7A2D78D-2077-46F8-8322-0F83B7DBB109 O-3 represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation. Consultant represents and warrants to City that, as of the date of this Amendment No. 2, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. City represents and warrants to Consultant that, as of the date of this Amendment No. 2, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 4. Adequate Consideration. The parties hereto stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2. 5. Authority. The persons executing this Amendment No. 2 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No. 2, such party is formally bound to the provisions of this Amendment No. 2, and (iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] Docusign Envelope ID: C7A2D78D-2077-46F8-8322-0F83B7DBB109 O-4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: CITY OF RANCHO PALOS VERDES, a municipal corporation ___________________________________________________________ David L. Bradley, Mayor ATTEST: _______________________________ Teresa Takaoka, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP ________________________________ William Wynder, City Attorney CONSULTANT: West Coast Arborist Inc, a California Corporation By: ________________________ Name: Patrick Mahoney Title: President By: ________________________ Name: Richard Mahoney Title: Secretary Address: 2200 East Via Burton Anaheim, California 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. Docusign Envelope ID: C7A2D78D-2077-46F8-8322-0F83B7DBB109 O-5 Docusign Envelope ID: C7A2D78D-2077-46F8-8322-0F83B7DBB109 O-6 01203.0001/575243.4 1 of 10 AGREEMENT FOR CLASS INSTRUCTION Business Name/ DBA/Sole Proprietor Kathleen Borgida Type of Legal Entity Corporation Limited liability company (LLC) Limited partnership (LP) General partnership (GP) Sole proprietor Address for Notices Street: 30045 Avenida Elegante City: Rancho Palos Verdes State: CA Zip Code: 90275 Email Address: katlynbee@aol.com Work Phone: 310-544-7775 Cell Phone: This Agreement is made and entered into by and between the City of Rancho Palos Verdes, a municipal corporation (City) and Kathleen Borgida (Instructor). RECITALS A. City desires to offer one or more classes, as described in Exhibit “A”, Class Schedule, to this Agreement, B. Instructor represents Instructor (i) has sufficient professional experience for the classes identified in Exhibit “A”, (ii) will teach such classes to the best of Instructor’s ability and in accordance with the highest professional standards, and (iii) has all required licenses, permits, and approvals required by law for the performance of the services required by this Agreement. Therefore, City and Instructor mutually agree as follows: 1. INSTRUCTOR’S SERVICES. 1.1. Recitals. The foregoing Recitals are true and correct, and are incorporated herein by this reference. 1.2. Responsibilities of Instructor. The Instructor has the following responsibilities in providing Instruction services on behalf of City: 1.2.1 Instructor is responsible for the preparation and facility set-up of their respective class and shall arrive at the class location on each class day prior to the scheduled start time of said class, with that time determined by Instructor based on Instructor’s experience and needs, to ensure all needed set-up is completed prior to commencement of the class. Docusign Envelope ID: 0E30F6BB-BD42-4341-BE14-922D960AE23B P-1 01203.0001/575243.4 2 of 12 1.2.2 Instructor will return the facility to the state it was in prior to Instructor’s class. 1.2.3 If the specified minimum number of students do not enroll in the class as of the date of class commencement, the class will be cancelled unless the City and Instructor provide mutual consent to the continuation of the class. So as to provide value to the students, Instructor shall refrain from enrolling more than the Enrollment Maximum described in Exhibit “A”, unless at the Instructor’s sole discretion, it is possible to enroll additional students without compromising the integrity of the class for the other students already enrolled. 1.2.4 Instructor will only utilize storage space at City’s facility to store Instructor’s materials necessary for the class after receiving written approval and permission from the facility’s supervisor. 1.2.5 In the event Instructor must cancel any classes, Instructor shall notify City at least 48 hours in advance of the classes to be cancelled if at all practicable, and shall also notify class enrollees by telephone or email that the class has been cancelled. Only in the event of an unforeseeable emergency should Instructor provide less than 48 hours advance notice, since Instructor will need to provide notice of the cancellation to students . If Instructor cancels classes, then Instructor shall make up the same number of classes cancelled prior to the end of the respective session, and at a date and time determined by Instructor subject to City facility availability. Instructor will be liable to City for any Damages incurred by City as described in Section 3.3 if Instructor fails to make up any cancelled classes, since students have enrolled in and paid for the class with the expectation of a specific number of class sessions. 1.2.6 If Instructor is unavailable to instruct more than twenty-five percent (25%) of the scheduled classes, students will be allowed to withdraw from the class and receive a pro rata refund for the remaining classes not provided by Instructor. Any amounts refunded under this section will be subtracted from the remaining payment owed to Instructor by City. 1.2.7 If Instructor is unavailable to provide instruction for a particular class, Instructor may use a substitute instructor selected by Instructor, provided the substitute instructors and assistants have been fully vetted and approved by City (including necessary documents in Section 1.3) to instruct the specified program or activity. The substitute instructor’s contract must be fully processed and approved by City’s Recreation and Parks Department for the current fiscal year prior to the substitute instructor providing any instruction services on behalf of Instructor. 1.2.8 Instructor will provide City’s Recreation and Parks Department with a list of all employees and any potential substitute instructors Instructor plans to utilize for Instructor’s class during the Term of this Agreement. Instructor will ensure that prior to utilizing the services of any Instructor employees or a substitute instructor, City’s Recreation and Parks Department has approved said individuals to provide services for Instructor. 1.2.9 Instructor will conduct each of Instructor’s responsibilities under this Agreement at the highest professional standards. Docusign Envelope ID: 0E30F6BB-BD42-4341-BE14-922D960AE23B P-2 01203.0001/575243.4 3 of 12 1.3. Submittals to City. On or before July 1, 2025, Instructor shall provide the following documents to City: (1) a course proposal; (2) a completed W9 form; (3) proof of all insurance required; (4) Live Scan fingerprints and related criminal background checks as required by Section 1.6 of this Agreement; (5) a copy of Instructor’s valid and current City business tax certificate; and (6) proof of medical certification, as required in Section 1.7 of this Agreement. If Instructor has no employees, then Instructor must provide a written statement signed under penalty of perjury confirming that Instructor has no employees, at which time City’s requirement for Workers’ Compensation Insurance shall be waived. 1.4. Policies and Procedures. Instructor agrees to comply with all City Recreation and Parks Department policies and procedures for Contract Instructors, as outlined in this Agreement and The City of Rancho Palos Verdes Independent Contractor Handbook, a copy of which is attached to this Agreement as Exhibit “B”. 1.5. Responsibilities of City. City has the following responsibilities to Instructor: 1.5.1 No less than six weeks prior to the start of each class session, City will notify Instructor in writing regarding (i) the details of the classes Instructor will teach for that session, including day, time, dates, and room location of the classes; (ii) any documentation that is due from Instructor prior to the start of the new session; and (iii) City shall notify Instructor, at least 48 hours in advance if possible, if for any reason City cancels or needs to relocate any class to another location. 1.5.2 City will provide a clean room or facility for each class prior to the Instructor’s use of that room or facility. 1.5.3 City will unlock the room or facility prior to Instructor’s use, and lock the room or facility following Instructor’s use. 1.5.4 City will provide office services related to the Instructor’s class, including registration of students in the class; collecting and processing student payments for the class; collecting waivers or emergency forms from students; providing copies of rosters to Instructor; providing emergency forms and student payment receipts to Instructor; and advertising the class via the City’s online tools. 1.6. Background Check. Instructor, and any employee or agent of Instructor who may provide services pursuant to this Agreement, and who may have contact with children, shall not have been convicted of any offense specified in Public Resources Code section 5164 or Penal Code section 11105.3, which would preclude any such person from working with children. In addition, Instructor agrees to provide City with Live Scan fingerprints and the related criminal background check for Instructor, and for any employee or agent of Instructor who may provide services pursuant to this Agreement, who may have contact with children. 1.7. Medical Check. Instructor warrants Instructor, and any employee or agent of Instructor who may provide services pursuant to this Agreement who may have contact with children, has been examined and found free of communicable tuberculosis within the last two years prior to the execution of this Agreement, as required by Public Resource Code section 5163. In Docusign Envelope ID: 0E30F6BB-BD42-4341-BE14-922D960AE23B P-3 01203.0001/575243.4 4 of 12 addition, Instructor agrees to provide City with a medical certificate confirming said testing and test result for Instructor and any employee or agent of Instructor who may provide services pursuant to this Agreement, who may have contact with children. 1.8. Taking or Using of Photos and Videos of Students. Instructor agrees Instructor and Instructor’s employees and agents may only make video recordings and take photographs of students of classes provided pursuant to this Agreement after receiving (i) prior written notice from City, and (ii) signed consent forms from the students, or in the case of a student who is a minor, from the student’s parent or guardian. Moreover, if Instructor desires to use those previously authorized photos or video for any purpose other than personal use, including but not limited to advertising Instructor’s business on flyers or on the internet or social media, then that specific purpose must be clearly described in the notice signed by City and by or on behalf of Instructor’s students. Instructor’s violation of this section is grounds for immediate termination of this Agreement, and shall result in Instructor being barred from contracting with City for a minimum of three (3) years. 2. PAYMENT FOR SERVICES. 2.1. Basic Fee Amount. Instructor’s compensation for providing the instructional services specified in this Agreement shall be in the form of a commission, based on and derived from the Gross Receipts generated by the session/class. Gross Receipts are defined as a total sum paid by the students as fees for enrolling in the instructional activity, less any non - resident fee. City shall receive 30% of the Gross Receipts and Instructor shall receive 70% of the Gross Receipts. 2.2. Fee Inclusions. Instructor’s fee rate shall include, without limitation, the costs for Instructors’ instruction, substitute instructors, assistants, instructional supplies, and materials, publicity, and transportation. Costs for student supplies, if required, must be included in the Instructor’s fee rate. Instructor shall not receive separate reimbursement for any costs incurred in providing instruction services, apart from the basic fee amount. 2.3. Time of Payment. Following the completion of a class session, and City’s receipt and verification of signed invoices for services previously rendered by Instructor to City’s satisfaction, City will process payment for Instructor once a month. Invoices shall be submitted to City and must include line items for each class taught, including the time, date, and number of students that attended the class. 3. GENERAL PROVISIONS. 3.1. Term. The term of this Agreement shall commence upon full execution by all parties, and unless terminated sooner pursuant to Section 3.4, shall expire on June 30, 2026. 3.2. Termination. 3.2.1. Should Instructor breach any part of this Agreement, City may, in its sole discretion, terminate this Agreement immediately. Docusign Envelope ID: 0E30F6BB-BD42-4341-BE14-922D960AE23B P-4 01203.0001/575243.4 5 of 12 3.2.2 City may terminate this Agreement for any reason, with or without cause, City shall provide Instructor with seven (7) days’ advance written notice of termination except for termination of the Agreement pursuant to Section 3.2.1. 3.2.3. If Instructor cancels a class without prior notice (see Section 1.2.5) or fails to attend a class required hereunder, then Instructor shall be responsible to City for all ensuing damages to City including, but not limited to, all costs associated with retaining a replacement instructor, unless City agrees in writing to waive any or all resulting damages. 3.2.4. Instructor may terminate this Agreement at any time, for any reason. City requests Instructor provide 7 days’ advance written notice of termination of the Agreement. If Instructor terminates this Agreement prior to its expiration Instructor shall receive payment only for the time through the date of termination. 3.3. Indemnity. Instructor agrees to indemnify, hold harmless and defend City and each of its officers, employees, agents, and volunteers from any and all claims, losses, awards, judgments, damages, actions or costs, including reasonable attorney’s fees and court costs Damages), arising out of Instructor’s or any of Instructor’s officers’, employees’, representatives’ or volunteers’ act or omission related directly or indirectly to this Agreement, including the use or possession by Instructor or any of Instructor’s officers, employees, representatives, agents or volunteers of unauthorized images (i.e. photographs in any format) of any student or any of their invitees; provided, that Instructor’s obligation to indemnify and hold harmless is only to the extent Damages are caused by Instructor or any of Instructor’s officers, employees, representatives, agents, or volunteers. 3.4. Non-Discrimination. In carrying out the performance of the services designated in this Agreement, Instructor shall not discriminate against any employee or member of the public because of race, religion, creed, color, medical condition, sex, marital status, national origin, or sexual orientation. 3.5. Entire Agreement. This Agreement supersedes any and all other agreements, either oral or written, between the parties, and contains all of the covenants and agreements between the parties with respect to the subject matter hereof. Each party to this Agreement acknowledges no representations, inducements, promises, or agreements, orally or otherwise, have been made by either party or anyone acting on behalf of any party, which are not embodied herein and that any other agreement, statement, or promise not contained in the Agreement shall not be valid or binding. Any modifications of this Agreement will be effective only if memorialized in a writing signed by both parties. 3.6. Governing Law. This Agreement shall be governed by the laws of the State of California and any lawsuit or action relating in any way to this Agreement must be filed in Los Angeles County, California. 3.7. Prohibition Against Subcontracting or Assignment. Instructor shall not contract with any person or entity to perform in whole or in part the work or services required hereunder except as provided by this Agreement. Neither this Agreement nor any interest herein Docusign Envelope ID: 0E30F6BB-BD42-4341-BE14-922D960AE23B P-5 01203.0001/575243.4 6 of 12 may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 3.8. Independent Contractor. Neither City nor any of its officers, employees, agents, or volunteers shall have any control over the manner, mode, or means by which Instructor performs the services required herein, except as otherwise set forth. Instructor shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Instructor shall not at any time or in any manner represent that it or any of Instructor’s agents or employees are agents or employees of City. 3.9. Insurance. Unless otherwise stated in writing from City’s City Manager or designee, Instructor shall procure and maintain, at its sole cost and expense, in a form, amount and content satisfactory to City’s City Manager or designee, during the entire term of this Agreement, including any extension thereof, the following policies of insurance: 3.9.1 Commercial General Liability Insurance. A policy of commercial general liability insurance for $1,000,000 using Insurance Services Office Commercial General Liability” policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Additionally, City and each of its officers, employees and agents must be mentioned as additional insureds and each insurance certificate must be accompanied by all applicable additional insured endorsement pages. 3.9.2 Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence basis shall not be required as Instructor is not required to use an automobile in connection with the services hereunder. However, Instructor understands that automobile insurance and/or financial responsibility is required on any vehicle operated or parked on California roadways. Instructor agrees that they will carry evidence of automobile insurance and/or financial responsibility in their vehicle at all times and that proof of same must be provided as specified: when requested by law enforcement; when renewing vehicle registration; when the vehicle is involved in a traffic collision. Accordingly, Instructor agrees if a vehicle will be used by Instructor/Instructor’s officer, employee or agent to commute to the classes provided pursuant to this Agreement or other activities in connection therewith, then Instructor shall comply with the minimum liability insurance requirements for private passenger vehicles per California Insurance Code subdivision 11580.1(b). 3.9.3 Workers Compensation Insurance. A policy of worker’s compensation insurance on a state-approved policy form providing statutory benefits as required by law with employer's liability limits per accident for all covered losses. However, this requirement shall not apply if Instructor has no employees and Instructor provides the letter signed under penalty of perjury as described in Section 1.3. 3.9.4 The policies of insurance shall not be cancelled without providing ten-days’ prior written notice by registered mail to City. In the event any of the policies of insurance are cancelled or amended, Instructor shall, prior to the cancellation or amendment date, submit new evidence of insurance in conformance with this Section to City’s City Manager or designee. No work or services under this Agreement shall commence until Instructor has provided Docusign Envelope ID: 0E30F6BB-BD42-4341-BE14-922D960AE23B P-6 01203.0001/575243.4 7 of 12 City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by City’s City Manager or designee. Instructor agrees the provisions of this Section shall not be construed as limiting in any way the extent to which Instructor may be held responsible for the payment of damages to any persons or property resulting from Instructor’s activities or the activities of any person or persons for which Instructor is otherwise responsible. The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide or The Key Rating, and only if they are of a financial category Class VII or better, unless such requirements are waived by City’s City Manager or designee, due to unique circumstances. 3.10. Notice. 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 City: Attn: City Manager 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275, In the case of Instructor: At the address designated on the signature page of this Agreement. 3.11. Severability. In the event part of 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 portions 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. 3.12. Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. 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. 3.13. Conflict of Interest. No officer, employee, director, or agent of City shall participate in any decision relating to this Agreement, which affects their personal interest or the interest of any corporation, partnership, or association in which they are directly or indirectly Docusign Envelope ID: 0E30F6BB-BD42-4341-BE14-922D960AE23B P-7 01203.0001/575243.4 8 of 12 interested, nor shall any such person have any interest, direct or indirect, in this Agreement or the provisions thereof. SIGNATURES ON FOLLOWING PAGE] Docusign Envelope ID: 0E30F6BB-BD42-4341-BE14-922D960AE23B P-8 01203.0001/575243.4 9 of 12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the date set forth below. CITY: INSTRUCTOR: City of Rancho Palos Verdes Kathleen Borgida 30940 Hawthorne Blvd. 30045 Avenida Elegante Rancho Palos Verdes, CA 90275 Rancho Palos Verdes, CA 90275 By: ______________________________ By: ______________________________ David Bradley, Mayor ________________ Its ______________ Date: ______________ Date: ______________ ATTEST: By: ______________________________ Its ____________________ Teresa Takaoka, City Clerk Date: ______________ Docusign Envelope ID: 0E30F6BB-BD42-4341-BE14-922D960AE23B Yoga Instructor P-9 01203.0001/575243.4 10 of 12 EXHIBIT “A” CLASS SCHEDULE Instructor agrees to provide the following classes: Docusign Envelope ID: 0E30F6BB-BD42-4341-BE14-922D960AE23B P-10 01203.0001/575243.4 11 of 12 Docusign Envelope ID: 0E30F6BB-BD42-4341-BE14-922D960AE23B P-11 01203.0001/575243.4 12 of 12 Docusign Envelope ID: 0E30F6BB-BD42-4341-BE14-922D960AE23B P-12 Exhibit “B” INDEPENDENT CONTACTOR HANDBOOK 8/25/ 2020 Rancho Palos Verdes Recreation and Parks Department INDEPENDENT CONTRACT INSTRUCTOR HANDBOOK Docusign Envelope ID: 0E30F6BB-BD42-4341-BE14-922D960AE23B P-13 CONTRACT INSTRUCTOR HANDBOOK 2 About Us Thank you for your interest in teaching classes with the City of Rancho Palos Verdes Recreation and Parks Department! The Recreation and Parks Department is dedicated to providing a variety of recreational opportunities to the Palos Verdes Peninsula and is always seeking to offer new and exciting activities for all ages, interests, and abilities. The City places a high value on building partnerships with members of our community, understanding their needs, and delivering the services they desire in the most effective manner possible. We look for independent contractors that will be professional, responsible, and committed to the services they are contracted to provide. Please review this Contract Instructor Handbook for more information on how to offer classes through the Recreation and Parks Department. For more information or to submit class proposals, please contact us: Recreation and Parks Department 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Email: parks@rpvca.gov Phone: 310-544-5260 Docusign Envelope ID: 0E30F6BB-BD42-4341-BE14-922D960AE23B P-14 CONTRACT INSTRUCTOR HANDBOOK 3 Becoming and Independent Contract Instructor As an instructor with the City, you are considered an independent contractor with specific professional skills and expertise in the area in which you are providing instruction. As an independent contractor, you are in charge of organizing your curriculum and course instruction materials as you deem appropriate. The City will provide you with a facility to teach your class, coordinate enrollment of your students, and provide advertising and marketing. The City will not dictate or control the manner in which you organize or teach your course. Before teaching classes, potential contract instructors must complete and submit a class proposal form for approval by the Department. The Department will review proposals and discuss appropriate and available dates, times, and facilities for the class. Submitting a proposal does not guarantee that the class or activity will be added to the Department’s class offerings. Additionally, there are no guarantees the Department will offer a class or program on an on-going basis. Upon approval of a class proposal, an Agreement for Class Instruction will be completed by the Department and the instructor and submitted to the City. In addition to the class proposal and agreement, instructors may need to submit the following: Completed W9 form Proof of insurance Live Scan fingerprints and related criminal background checks Copy of Instructor’s valid and current City business tax certificate If needed, proof of current Instructor Certification If the instruction will be of minors, proof of successful completion of an adult and child CPR and First Aid class Proof of workers compensation insurance or a letter stating that the contractor has no employees Submitting a Class Proposal A Class Proposal Form must be completed and submitted for all new classes. The Department may not accept proposals for classes similar to those already offered or classes offered in the past that have not been successful. Considerations will be made for instructors who can demonstrate that significant interest exists for their proposed class. The proposal from will include: Class Description: Provide a thoughtful and concise class description to be included in the quarterly Recreation Activity Guide and listed online. The description should sell your class to the community and can include benefits of the activity, desired outcomes, an explanation of the specific discipline, required skills and equipment, and your qualifications as an instructor. Class descriptions should not exceed 50 words. Example Class Description: Beginning Yoga - Increase strength and flexibility, reduce stress, and improve your energy and well-being through the foundations of yoga. Class incorporates poses and movements Docusign Envelope ID: 0E30F6BB-BD42-4341-BE14-922D960AE23B P-15 CONTRACT INSTRUCTOR HANDBOOK 4 appropriate for beginner to intermediate students. Led by an instructor with over 20 years of teaching experience. Bring a yoga mat! Day, time, and location: Include a desired, day, time, and facility for your class. This information helps us determine where your class may best fit. Facility availability is subject to City and Department use. Class start and end dates may be determined by the Department to align with regular, seasonal offerings. Fees: When proposing a fee for your class, consider the minimum dollar amount you as an instructor are willing to accept for your services, how many students you can accommodate, class materials and supplies, and time spent planning and preparing curriculum. Fees must include the cost of all class materials. No fees should be collected by the instructor directly from the students. The Department can assist you in determining an appropriate fee for your class and may suggest a minimum fee. About our Contract Prior to instructing classes, an Agreement for Class Instruction must be completed and executed. The agreement includes responsibilities of the instructor, responsibilities of the City, compensation, indemnity, insurance requirements, and City and Department rules and policies. Review the agreement carefully prior to submitting to the City for execution. Fingerprinting and Background Checks All instructors must submit proof of Live Scan fingerprinting and clearance of a Department of Justice background check. The Recreation and Parks Department will provide instructions for the completion of this step. The instructor is responsible for all fingerprinting and background check fees. Insurance The City does not insure independent contractors. Instructors are responsible for providing proof of insurance coverage that meets the minimum requirements stated in the Agreement for Class Instruction. Instructors may purchase insurance coverage through the City’s vendor at a rate determined by vendor based on estimated attendance and the nature of the class activities. The activity supervisor can provide more information on coverage and rates and assist in purchasing coverage. Compensation Class fees are determined by the instructor and approved by the City. All class fees are collected by the City. The standard payment to an instructor will 70% of the primary fees collected for the class. The City retains 30% of the fees collected and any non-resident fees. Payments to instructors will be made following the completion of a class session, not more than once per month. Payments will be issued only after instructor submits an invoice to the activity supervisor that includes the class name, meeting dates, and the number of students registered. Payments will be issued in accordance with the Finance Department’s payment schedule. Docusign Envelope ID: 0E30F6BB-BD42-4341-BE14-922D960AE23B P-16 CONTRACT INSTRUCTOR HANDBOOK 5 Marketing The Recreation and Parks Department will provide marketing for your class in our quarterly Recreation Activity Guide. At the instructor’s request, The Recreation and Parks Department can design a flyer for each class and provide electronic and printed copies for distribution. Up to two 11” x 17” posters and 200 5.5” x 8” flyers will be provided to the instructor per class per session. In addition to the quarterly activity guide and flyers, the Recreation and Parks Department periodically sends email notifications, issues press releases, and posts to Facebook and Next Door to announce new classes and programs. All marketing materials produced by the instructor and used to promote classes must be approved by the Program Manager/Supervisor. Before posting or distributing marketing materials, instructors should always receive permission from the property owner or manager. Class Registration All class participants will register using the City’s Active Net registration software. The activity registration website is accessed through the Department’s webpage or directly at apm.activecommunities.com/rpv. All classes will be listed on the registration website and open for enrollment quarterly according to the Department’s activity season schedule. Refunds and Transfers Full refunds will be granted to customers if written request for activity withdrawal and refund is made at least five business days prior to the first meeting date or if an activity is cancelled due to low enrollment. No refunds will be issued after an activity begins or for non-attendance The Department may consider customer requests for full or partial refunds for extenuating circumstances such as illness or injury or if a customer is not satisfied with an activity. Class Cancellations The Recreation and Parks Department will make every effort to avoid cancelling classes. However, when the enrollment is not met, the class will be cancelled unless the Department and instructor mutually agree to run the class with fewer students. If the class is cancelled due to low enrollment or by the City for any other reason, the Department will notify students of the cancellation and issue refunds. If a class session or meeting date is cancelled by the instructor, the instructor should notify the Department and students of cancellation and schedule a make-up meeting date. Classes cancelled by the instructor may result in lowered or no payment to the instructor. Class Evaluations In order to provide a high level of customer service, the Recreation and Parks Department will distribute and collect class evaluations at the end of the class session. Docusign Envelope ID: 0E30F6BB-BD42-4341-BE14-922D960AE23B P-17 CONTRACT INSTRUCTOR HANDBOOK 6 City Holidays The City of Rancho Palos Verdes observes the following holidays: New Year’s Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day, Christmas Eve, and Christmas Day. Recreation facilities will be closed and no classes will be held. Class Facilities The Recreation and Parks Department will work with instructors to determine a suitable location for classes. Instructors can propose a desired facility for their class when submitting a class proposal. Recreation facilities are sometimes used for City meetings and functions and classes may be moved or rescheduled if scheduling conflicts occur. Facility Equipment The Recreational and Parks Department will provide tables and chairs, AV equipment, and other similar facility equipment as needed and available. Instructors provide all other necessary equipment and supplies for their class. All requests for equipment should be made when submitting a class proposal. Equipment provided by instructor must be approved by the facility supervisor. Class Setup Recreation and Parks facility staff will set up tables, chairs, and other facility equipment prior to class. Instructors should submit a Facility Setup Request Diagram prior to the first class meeting. Instructors will have access to the facility at least fifteen minutes and up to thirty minutes prior to and after class to set up and clean up. Instructors should leave the facility in the condition in which it was found prior to the class. Storage Storage at facilities is limited, so instructor’s supplies and equipment may not be stored at the facility without the facility supervisor’s approval. Instructors should discuss storage needs when submitting a class proposal. Safety It is imperative that instructors provide for the safety of their class participants. The City expects that instructors be well trained in their disciplines and take all possible measures to prevent accidents, injuries, and damage to property. All maintenance issues and accidents, injuries, and damage to facility property must be reported to facility staff immediately. Instructor’s use of the premises shall be performed in conformance with the State of California and the Los Angeles County Department of Health orders and standards related to social distancing, the use of face coverings, cleaning, disinfecting, and other sanitation steps and necessary to limit the spread of the novel corona virus known as COVID-19, as those standards may be adjusted from time-to-time. Docusign Envelope ID: 0E30F6BB-BD42-4341-BE14-922D960AE23B P-18 CONTRACT INSTRUCTOR HANDBOOK 7 Emergency Situations In the event of an emergency, instructors should notify facility staff if possible and remove participants from the facility according to posted evacuation plans. Instructors should remain calm and be aware of announcements and instructions from facility staff. Docusign Envelope ID: 0E30F6BB-BD42-4341-BE14-922D960AE23B P-19 Q-1 Q-2 Q-3 Q-4 Q-5 Q-6 Q-7 Q-8 Q-9 Q-10 Q-11 Q-12 Q-13 Q-14 Q-15 Q-16 Q-17 Q-18 Q-19 Q-20 Q-21 Q-22 Q-23 Q-24 Q-25 Q-26 Q-27 Q-28 Q-29 Q-30 Q-31 Q-32 01203.0001/575243.4 1 of 10 AGREEMENT FOR CLASS INSTRUCTION Business Name/ DBA/Sole Proprietor Matsumoto Music, LLC Type of Legal Entity Corporation Limited liability company (LLC) Limited partnership (LP) General partnership (GP) Sole proprietor Address for Notices Street: 24421 Narbonne Ave. City: Lomita State: CA Zip Code: 90717 Email Address: niko2niko@gmail.com Work Phone: Cell Phone: 949-742-1656 This Agreement is made and entered into by and between the City of Rancho Palos Verdes, a municipal corporation (City) and Matsumoto Music, LLC (Instructor). RECITALS A. City desires to offer one or more classes, as described in Exhibit “A”, Class Schedule, to this Agreement, B. Instructor represents Instructor (i) has sufficient professional experience for the classes identified in Exhibit “A”, (ii) will teach such classes to the best of Instructor’s ability and in accordance with the highest professional standards, and (iii) has all required licenses, permits, and approvals required by law for the performance of the services required by this Agreement. Therefore, City and Instructor mutually agree as follows: 1. INSTRUCTOR’S SERVICES. 1.1. Recitals. The foregoing Recitals are true and correct, and are incorporated herein by this reference. 1.2. Responsibilities of Instructor. The Instructor has the following responsibilities in providing Instruction services on behalf of City: 1.2.1 Instructor is responsible for the preparation and facility set-up of their respective class and shall arrive at the class location on each class day prior to the scheduled start time of said class, with that time determined by Instructor based on Instructor’s experience and needs, to ensure all needed set-up is completed prior to commencement of the class. Docusign Envelope ID: 78DE53AA-2F54-4E28-AA41-8583C5507086 R-1 01203.0001/575243.4 2 of 11 1.2.2 Instructor will return the facility to the state it was in prior to Instructor’s class. 1.2.3 If the specified minimum number of students do not enroll in the class as of the date of class commencement, the class will be cancelled unless the City and Instructor provide mutual consent to the continuation of the class. So as to provide value to the students, Instructor shall refrain from enrolling more than the Enrollment Maximum described in Exhibit “A”, unless at the Instructor’s sole discretion, it is possible to enroll additional students without compromising the integrity of the class for the other students already enrolled. 1.2.4 Instructor will only utilize storage space at City’s facility to store Instructor’s materials necessary for the class after receiving written approval and permission from the facility’s supervisor. 1.2.5 In the event Instructor must cancel any classes, Instructor shall notify City at least 48 hours in advance of the classes to be cancelled if at all practicable, and shall also notify class enrollees by telephone or email that the class has been cancelled. Only in the event of an unforeseeable emergency should Instructor provide less than 48 hours advance notice, since Instructor will need to provide notice of the cancellation to students . If Instructor cancels classes, then Instructor shall make up the same number of classes cancelled prior to the end of the respective session, and at a date and time determined by Instructor subject to City facility availability. Instructor will be liable to City for any Damages incurred by City as described in Section 3.3 if Instructor fails to make up any cancelled classes, since students have enrolled in and paid for the class with the expectation of a specific number of class sessions. 1.2.6 If Instructor is unavailable to instruct more than twenty-five percent (25%) of the scheduled classes, students will be allowed to withdraw from the class and receive a pro rata refund for the remaining classes not provided by Instructor. Any amounts refunded under this section will be subtracted from the remaining payment owed to Instructor by City. 1.2.7 If Instructor is unavailable to provide instruction for a particular class, Instructor may use a substitute instructor selected by Instructor, provided the substitute instructors and assistants have been fully vetted and approved by City (including necessary documents in Section 1.3) to instruct the specified program or activity. The substitute instructor’s contract must be fully processed and approved by City’s Recreation and Parks Department for the current fiscal year prior to the substitute instructor providing any instruction services on behalf of Instructor. 1.2.8 Instructor will provide City’s Recreation and Parks Department with a list of all employees and any potential substitute instructors Instructor plans to utilize for Instructor’s class during the Term of this Agreement. Instructor will ensure that prior to utilizing the services of any Instructor employees or a substitute instructor, City’s Recreation and Parks Department has approved said individuals to provide services for Instructor. 1.2.9 Instructor will conduct each of Instructor’s responsibilities under this Agreement at the highest professional standards. Docusign Envelope ID: 78DE53AA-2F54-4E28-AA41-8583C5507086 R-2 01203.0001/575243.4 3 of 11 1.3. Submittals to City. On or before July 1, 2025 Instructor shall provide the following documents to City: (1) a course proposal; (2) a completed W9 form; (3) proof of successful completion of an adult and child CPR and First Aid class; (4) proof of all insurance required; (5) Live Scan fingerprints and related criminal background checks as required by Section 1.6 of this Agreement; (6) a copy of Instructor’s valid and current City business tax certificate; and 7) proof of medical certification, as required in Section 1.7 of this Agreement. If Instructor has no employees, then Instructor must provide a written statement signed under penalty of perjury confirming that Instructor has no employees, at which time City’s requirement for Workers’ Compensation Insurance shall be waived. 1.4. Policies and Procedures. Instructor agrees to comply with all City Recreation and Parks Department policies and procedures for Contract Instructors, as outlined in this Agreement and The City of Rancho Palos Verdes Independent Contractor Handbook, a copy of which is attached to this Agreement as Exhibit “B”. 1.5. Responsibilities of City. City has the following responsibilities to Instructor: 1.5.1 No less than two weeks prior to the start of each class session, City will notify Instructor in writing regarding (i) the details of the classes Instructor will teach for that session, including day, time, dates, and room location of the classes; (ii) any documentation that is due from Instructor prior to the start of the new session; and (iii) City shall notify Instructor, at least 48 hours in advance if possible, if for any reason City cancels or needs to relocate any class to another location. 1.5.2 City will provide a clean room or facility for each class prior to the Instructor’s use of that room or facility. 1.5.3 City will unlock the room or facility prior to Instructor’s use, and lock the room or facility following Instructor’s use. 1.5.4 City will provide office services related to the Instructor’s class, including registration of students in the class; collecting and processing student payments for the class; collecting waivers or emergency forms from students; providing copies of rosters to Instructor; providing emergency forms and student payment receipts to Instructor; and advertising the class via the City’s online tools. 1.6. Background Check. Instructor, and any employee or agent of Instructor who may provide services pursuant to this Agreement, and who may have contact with children, shall not have been convicted of any offense specified in Public Resources Code section 5164 or Penal Code section 11105.3, which would preclude any such person from working with children. In addition, Instructor agrees to provide City with Live Scan fingerprints and the related criminal background check for Instructor, and for any employee or agent of Instructor who may provide services pursuant to this Agreement, who may have contact with children. 1.7. Medical Check. Instructor warrants Instructor, and any employee or agent of Instructor who may provide services pursuant to this Agreement who may have contact with children, has been examined and found free of communicable tuberculosis within the last two years Docusign Envelope ID: 78DE53AA-2F54-4E28-AA41-8583C5507086 R-3 01203.0001/575243.4 4 of 11 prior to the execution of this Agreement, as required by Public Resource Code section 5163. In addition, Instructor agrees to provide City with a medical certificate confirming said testing and test result for Instructor and any employee or agent of Instructor who may provide services pursuant to this Agreement, who may have contact with children. 1.8. Taking or Using of Photos and Videos of Students. Instructor agrees Instructor and Instructor’s employees and agents may only make video recordings and take photographs of students of classes provided pursuant to this Agreement after receiving (i) prior written notice from City, and (ii) signed consent forms from the students, or in the case of a student who is a minor, from the student’s parent or guardian. Moreover, if Instructor desires to use those previously authorized photos or video for any purpose other than personal use, including but not limited to advertising Instructor’s business on flyers or on the internet or social media, then that specific purpose must be clearly described in the notice signed by City and by or on behalf of Instructor’s students. Instructor’s violation of this section is grounds for immediate termination of this Agreement, and shall result in Instructor being barred from contracting with City for a minimum of three (3) years. 2. PAYMENT FOR SERVICES. 2.1. Basic Fee Amount. Instructor’s compensation for providing the instructional services specified in this Agreement shall be in the form of a commission, based on and derived from the Gross Receipts generated by the session/class. Gross Receipts are defined as a total sum paid by the students as fees for enrolling in the instructional activity, less any non - resident fee. City shall receive 30% of the Gross Receipts and Instructor shall receive 70% of the Gross Receipts. 2.2. Fee Inclusions. Instructor’s fee rate shall include, without limitation, the costs for Instructors’ instruction, substitute instructors, assistants, instructional supplies, and materials, publicity, and transportation. Costs for student supplies, if required, must be included in the Instructor’s fee rate. Instructor shall not receive separate reimbursement for any costs incurred in providing instruction services, apart from the basic fee amount. 2.3. Time of Payment. Following the completion of a class session, and City’s receipt and verification of signed invoices for services previously rendered by Instructor to City’s satisfaction, City will process payment for Instructor once a month. Invoices shall be submitted to City and must include line items for each class taught, including the time, date, and number of students that attended the class. 3. GENERAL PROVISIONS. 3.1. Term. The term of this Agreement shall commence upon full execution by all parties, and unless terminated sooner pursuant to Section 3.4, shall expire on June 30, 2026. 3.2. Termination. 3.2.1. Should Instructor breach any part of this Agreement, City may, in its sole discretion, terminate this Agreement immediately. Docusign Envelope ID: 78DE53AA-2F54-4E28-AA41-8583C5507086 R-4 01203.0001/575243.4 5 of 11 3.2.2 City may terminate this Agreement for any reason, with or without cause, City shall provide Instructor with seven (7) days’ advance written notice of termination except for termination of the Agreement pursuant to Section 3.2.1. 3.2.3. If Instructor cancels a class without prior notice (see Section 1.2.5) or fails to attend a class required hereunder, then Instructor shall be responsible to City for all ensuing damages to City including, but not limited to, all costs associated with retaining a replacement instructor, unless City agrees in writing to waive any or all resulting damages. 3.2.4. Instructor may terminate this Agreement at any time, for any reason. City requests Instructor provide 7 days’ advance written notice of termination of the Agreement. If Instructor terminates this Agreement prior to its expiration Instructor shall receive payment only for the time through the date of termination. 3.3. Indemnity. Instructor agrees to indemnify, hold harmless and defend City and each of its officers, employees, agents, and volunteers from any and all claims, losses, awards, judgments, damages, actions or costs, including reasonable attorney’s fees and court costs Damages), arising out of Instructor’s or any of Instructor’s officers’, employees’, representatives’ or volunteers’ act or omission related directly or indirectly to this Agreement, including the use or possession by Instructor or any of Instructor’s officers, employees, representatives, agents or volunteers of unauthorized images (i.e. photographs in any format) of any student or any of their invitees; provided, that Instructor’s obligation to indemnify and hold harmless is only to the extent Damages are caused by Instructor or any of Instructor’s officers, employees, representatives, agents, or volunteers. 3.4. Non-Discrimination. In carrying out the performance of the services designated in this Agreement, Instructor shall not discriminate against any employee or member of the public because of race, religion, creed, color, medical condition, sex, marital status, national origin, or sexual orientation. 3.5. Entire Agreement. This Agreement supersedes any and all other agreements, either oral or written, between the parties, and contains all of the covenants and agreements between the parties with respect to the subject matter hereof. Each party to this Agreement acknowledges no representations, inducements, promises, or agreements, orally or otherwise, have been made by either party or anyone acting on behalf of any party, which are not embodied herein and that any other agreement, statement, or promise not contained in the Agreement shall not be valid or binding. Any modifications of this Agreement will be effective only if memorialized in a writing signed by both parties. 3.6. Governing Law. This Agreement shall be governed by the laws of the State of California and any lawsuit or action relating in any way to this Agreement must be filed in Los Angeles County, California. 3.7. Prohibition Against Subcontracting or Assignment. Instructor shall not contract with any person or entity to perform in whole or in part the work or services required hereunder except as provided by this Agreement. Neither this Agreement nor any interest herein Docusign Envelope ID: 78DE53AA-2F54-4E28-AA41-8583C5507086 R-5 01203.0001/575243.4 6 of 11 may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 3.8. Independent Contractor. Neither City nor any of its officers, employees, agents, or volunteers shall have any control over the manner, mode, or means by which Instructor performs the services required herein, except as otherwise set forth. Instructor shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Instructor shall not at any time or in any manner represent that it or any of Instructor’s agents or employees are agents or employees of City. 3.9. Insurance. Unless otherwise stated in writing from City’s City Manager or designee, Instructor shall procure and maintain, at its sole cost and expense, in a form, amount and content satisfactory to City’s City Manager or designee, during the entire term of this Agreement, including any extension thereof, the following policies of insurance: 3.9.1 Commercial General Liability Insurance. A policy of commercial general liability insurance for $1,000,000 using Insurance Services Office Commercial General Liability” policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Additionally, City and each of its officers, employees and agents must be mentioned as additional insureds and each insurance certificate must be accompanied by all applicable additional insured endorsement pages. 3.9.2 Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence basis shall not be required as Instructor is not required to use an automobile in connection with the services hereunder. However, Instructor understands that automobile insurance and/or financial responsibility is required on any vehicle operated or parked on California roadways. Instructor agrees that they will carry evidence of automobile insurance and/or financial responsibility in their vehicle at all times and that proof of same must be provided as specified: when requested by law enforcement; when renewing vehicle registration; when the vehicle is involved in a traffic collision. Accordingly, Instructor agrees if a vehicle will be used by Instructor/Instructor’s officer, employee or agent to commute to the classes provided pursuant to this Agreement or other activities in connection therewith, then Instructor shall comply with the minimum liability insurance requirements for private passenger vehicles per California Insurance Code subdivision 11580.1(b). 3.9.3 Workers Compensation Insurance. A policy of worker’s compensation insurance on a state-approved policy form providing statutory benefits as required by law with employer's liability limits per accident for all covered losses. However, this requirement shall not apply if Instructor has no employees and Instructor provides the letter signed under penalty of perjury as described in Section 1.3. 3.9.4 The policies of insurance shall not be cancelled without providing ten-days’ prior written notice by registered mail to City. In the event any of the policies of insurance are cancelled or amended, Instructor shall, prior to the cancellation or amendment date, submit new evidence of insurance in conformance with this Section to City’s City Manager or designee. No work or services under this Agreement shall commence until Instructor has provided Docusign Envelope ID: 78DE53AA-2F54-4E28-AA41-8583C5507086 R-6 01203.0001/575243.4 7 of 11 City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by City’s City Manager or designee. Instructor agrees the provisions of this Section shall not be construed as limiting in any way the extent to which Instructor may be held responsible for the payment of damages to any persons or property resulting from Instructor’s activities or the activities of any person or persons for which Instructor is otherwise responsible. The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide or The Key Rating, and only if they are of a financial category Class VII or better, unless such requirements are waived by City’s City Manager or designee, due to unique circumstances. 3.10. Notice. 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 City: Attn: City Manager 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275, In the case of Instructor: At the address designated on the signature page of this Agreement. 3.11. Severability. In the event part of 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 portions 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. 3.12. Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. 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. 3.13. Conflict of Interest. No officer, employee, director, or agent of City shall participate in any decision relating to this Agreement, which affects their personal interest or the interest of any corporation, partnership, or association in which they are directly or indirectly Docusign Envelope ID: 78DE53AA-2F54-4E28-AA41-8583C5507086 R-7 01203.0001/575243.4 8 of 11 interested, nor shall any such person have any interest, direct or indirect, in this Agreement or the provisions thereof. SIGNATURES ON FOLLOWING PAGE] Docusign Envelope ID: 78DE53AA-2F54-4E28-AA41-8583C5507086 R-8 01203.0001/575243.4 9 of 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the date set forth below. CITY: INSTRUCTOR: City of Rancho Palos Verdes Sachiko Matsumoto, 30940 Hawthorne Blvd. 24421 Narbonne Ave Rancho Palos Verdes, CA 90275 Lomita, CA 90717 By: ______________________________ By: ______________________________ David Bradley, Mayor ________________ Its ______________ Date: ______________ Date: ______________ ATTEST: By: ______________________________ Its ____________________ Teresa Takaoka, City Clerk Date: ______________ Docusign Envelope ID: 78DE53AA-2F54-4E28-AA41-8583C5507086 Owner R-9 01203.0001/575243.4 10 of 11 EXHIBIT “A” CLASS SCHEDULE Instructor agrees to provide the following classes: Docusign Envelope ID: 78DE53AA-2F54-4E28-AA41-8583C5507086 R-10 01203.0001/575243.4 11 of 11 Docusign Envelope ID: 78DE53AA-2F54-4E28-AA41-8583C5507086 R-11