CC SR 20260203 E - PSA for Ryan Park Playground Improvements
CITY COUNCIL MEETING DATE: 02/03/2026
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consider awarding a professional services agreement to RHA Landscape Architects-
Planners Inc. for design and support services for playground improvements at Ryan
Park.
RECOMMENDED COUNCIL ACTION:
(1) Award a Professional Services Agreement (PSA) in the amount of $122,500 for a
term of six months to RHA Landscape Architects-Planners Inc. for Design and
Engineering Services for playground improvements at Ryan Park pursuant to
Capital Improvement Project No. 8426 – Park Playground Improvements;
(2) Authorize the Mayor to execute the agreement in a form approved by the City
Attorney;
(3) Approve use of existing allocated Measure A funds by authorizing staff to submit
a grant application to the Los Angeles County Regional Park and Open Space
District for reimbursement in the amount of $122,500; and,
(4) Approve a budget adjustment of $92,500 from Measure A Fund under Park
Playground Improvements from Construction to Design and Engineering Services.
FISCAL IMPACT: The recommended Council action will result in an expenditure not-
to-exceed $122,500. The total project budget included in the Fiscal
Year (FY) 2025-26 CIP is $400,000, funded through Measure A, Los
Angeles County Regional Park and Open Space District. This
amount includes design, engineering, management, inspection,
construction and contingency. The original budget for the design and
engineering is $30,000. A budget adjustment is requested to move
unspent funds from Construction to Design and Engineering
Services in the amount of $92,500.
If approved, the City will initially cover the costs and subsequently
seek reimbursement through the Measure A Grant allocation.
Measure A funds are provided on a reimbursement basis and are
limited to eligible projects costs. VR
Amount Budgeted: $400,000
Additional Appropriation: Budget adjustment transfer of $92,500 Transfer from: 224-400-8426-8802
Transfer to: 224-400-8426-8005
Account Number(s): 224-400-8426-XXXX (various accounts)
[Measure A – Park Playground Improvements) VR
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CITYOF RANCHO PALOS VERDES
ORIGINATED BY: Andrew Berg, Recreation Program Supervisor
REVIEWED BY: Daniel Trautner, Recreation and Parks Director
David Copp, Public Works Deputy Director
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. PSA with RHA Landscape Architects-Planners (page A-1)
B. Proposal from RHA Landscape Architects-Planners (page B-1)
C. Request for Qualifications for Design Services for Ryan Park Playground
Improvements (page C-1)
D. Project Budget Sheet for Park Playground Improvements Project from FY
2025-2026 Capital Improvement Program (page D-1)
E. Resolution No. 2025-14 (page E-1)
F. Measure A Master Agreement (page F-1)
BACKGROUND:
The FY 2025-26 CIP includes funding for Park Playground Improvements (Attachment
D). The phased playground improvements identified in the CIP are to repair, upgrade, or
replace playground components at the following city parks:
• Ryan Park
• Hesse Park
• Eastview Park
• Ladera Linda Community Park
Improvements to playground areas are needed to ensure that they remain compliant with
current playground regulations. Playground areas to be repaired, upgraded, or replaced
are typically identified by a facilities assessment conducted by a specialized consultant
and further supported by City staff's regular inspections. Where recommended,
playground improvements may need to be replaced completely.
The scope of work may include landing platforms, bridges, guardrails and barriers,
playground hardware, playground signs, loose fill surfacing, unitary surfacing, and
playground-adjacent items such as retaining walls, fencing, walkways, curbs, turf, and
irrigation.
DISCUSSION:
For FY 2025-26, the CIP specifically budgets $400,000 for playground improvements to
Ryan Park as phase one.
On August 28, 2025, Staff advertised a Request for Qualifications (RFQ) for design and
support services for Ryan Park Playground Improvements Project (Project). The RFQ
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was posted online via PlanetBids and Staff notified companies known to perform
playground design and landscape architecture services. The scope of services generally
includes the following, and is more thoroughly described in the attached RFQ (Attachment
C):
• Site assessment and analysis including evaluating existing site characteristics and
infrastructure.
• Design concepts for play elements, landscaping, and other features, and planning
level cost estimates and equipment recommendations for each concept.
• Facilitate one or more public design workshops and present a summary report of
findings.
• Prepare construction plans and specifications.
Proposals were received from seven firms by the RFQ deadline, and an evaluation panel
of three Staff members from the Departments of Recreation and Parks and Public Works
scored the proposals as shown below:
Table 1: Summary of Proposal Evaluation Results
Staff began negotiations with the top-ranked firm, RJM Design (RJM), for a fee proposal.
During the negotiation process, RJM was unable to provide a reasonably detailed
breakdown of subcontractor fees, nor could they provide viable fee reduction options
without reducing their proposed scope of services to an extent that would not meet the
core objectives of the project. As a result, Staff were unable to successfully negotiate a
fee with this firm. On November 21, 2025 staff notified RJM that the City would not be
selecting the firm’s proposal.
Approach to Scope of Services 25%6.3 1.6 7 1.8 7 1.8 5.7 1.4 5 1.3 8 2 6.3 1.6
Proposal Schedule 20%6.7 1.3 5.7 1.1 7.3 1.5 6.3 1.3 4.7 0.9 7.3 1.5 7 1.4
Staff Qualifications & Experience 30%8 2.4 6.7 2 8 2.4 4.3 1.3 7.7 2.3 7.7 2.3 6.7 2
Organization & Staffing 15%7.3 1.1 6.7 1 7.7 1.2 5.3 0.8 7.7 1.2 8 1.2 7.3 1.1
Quality Control 10%8.3 0.8 7.7 0.8 8 0.8 7.3 0.7 6.7 0.7 7.7 0.8 7 0.7
Totals 100%7.25 6.65 7.57
Final
Score
Raw
Score
(0-10)
Final
Score
Raw
Score
(0-10)
Final
Score
RFP [Robert Ryan Park Playground Replacement] Scoring Sheet
5.52
EPT Design
6.3
RJM Design
7.73
Hirsch &
Associates,
Inc.
DVDC
RHA
Landscape
Architects
Criteria Value
DSH
Architecture
Raw
Score
(0-10)
Nuvis
Landscape
Architecture
6.78
Raw
Score
(0-10)
Final
Score
Raw
Score
(0-10)
Final
Score
Raw
Score
(0-10)
Final
Score
Raw
Score
(0-10)
Final
Score
3
Staff then began negotiations with the second-ranked firm, RHA Landscape Architects
(RHA), for a fee proposal (Attachment B). Following a successful negotiation process,
Staff determined that RHA’s fee is fair and reasonable by reviewing the labor hours
estimated by RHA to complete all required design deliverables and determining if the
hours allocated is appropriate based on project size and level of effort for each proposed
staff member and discipline involved. Staff also evaluated the consultant hourly rates to
assure they are reasonable and within industry standards. Attached for City Council
consideration is the PSA with RHA Landscape Architects-Planners (Attachment A).
Funding
The CIP budget estimate of $30,000 for Design and Engineering Services was
significantly lower because it was based on a simple design calling for the removal and
replacement of the existing equipment. The design and engineering services included in
this proposal addresses needed ADA improvements including improved access and
connective trails linking the park equipment pods. Due to this increase in design and
engineering costs, a budget adjustment of $92,500 is needed from the Measure A Fund
under Park Playground Improvements from Construction to Design and Engineering
Services. This adjustment increases the Design and Engineering Design budget from
$30,000 to $122,500.
Staff recommend that funding for the Project design phase come from existing Los
Angeles County Measure A allocated grant funds. The Safe, Clean Neighborhood Parks,
Open Space Beaches, Rivers Protection, and Water Conversation Measure (Measure A)
was approved by Los Angeles County voters in 2016. The measure authorizes funding
for park, recreation, and open space projects and their maintenance through an annual
special tax on all taxable real property in the County. Measure A distributes funds through
annual allocations using set formulas and through competitive grants. The annual
allocation varies based on revenue received each year.
The City currently receives an annual, formula-based allocation of approximately
$180,000 to $190,000 per year and has accrued a balance of approximately$1,200,000
in Measure A funds. These funds are managed by the Los Angeles County Regional Park
and Open Space District (RPOSD) which require agencies to adopt a resolution
authorizing the submittal of applications and acceptance of the grant funds. The City
Council approved a resolution and an annual Master Plan Allocation Grant Agreement
between the City and RPOSD on March 4, 2025. (Attachments E and F). The Resolution
authorizes the City Manager or his designee to submit future grant applications.
Measure A annual allocation funds can be used for planning, design, engineering, and
construction of various parks, open space, and recreational use projects subject to
approval by RPOSD. RPOSD staff have informed City staff that this project is an
appropriate candidate for Measure A funding. If the City Council approves the
recommendation to use Measure A funds for the Project, Staff will submit an application
to RPOSD. The application review period would likely take 4-6 weeks to complete. No
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matching funds are required, and this is not a competitive grant; the funds have already
been allocated by the County and will be paid to the City on a reimbursement basis.
Any park projects developed using Measure A funds must be maintained and operated in
perpetuity and must comply with applicable provisions of the California Environmental
Quality Act (CEQA). The grant application requires a description of the public outreach
efforts planned for the project.
If acceptable to the City Council, the project schedule anticipates starting work included
in the scope of this PSA in March 2026 and completing work by September 2026.
ADDITIONAL INFORMATION:
Once the project design and engineering are completed, Staff intends to seek out funding
sources for the construction phase of the project. The precise total cost of this project will
be determined during the design and engineering phase, but it is anticipated to be in
excess of the current $400,000 FY 2025-26 CIP budget estimate. Once the design and
engineering phase are complete, the Ryan Park Playground Project would be “shovel-
ready” which would make it eligible and competitive for a wider range of grant and
alternative funding opportunities.
CONCLUSION:
Staff recommend awarding a professional services agreement (Attachment A) to RHA
Landscape Architects-Planners for design and engineering support services for Ryan
Park Playground Improvements in the amount of $122,500. If approved, a budget
adjustment of $92,500 will be transferred from Construction to Design and Engineering
Services.
ALTERNATIVES:
In addition to Staff recommendation, the following alternative actions are available for the
City Council’s consideration:
1. Do not award a professional services agreement to RHA Landscape Architects-
Planners and direct Staff to re-solicit proposals.
2. Direct Staff not to pursue improvements at Ryan Park. If this alternative is selected,
sections of the park and certain playground equipment may have to be closed due
to compliance issues with ADA-requirements.
3. Take other action, as deemed appropriate.
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PROFESSIONAL SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
RHA Landscape Architects - Planners, Inc.
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01203.0001/835260.1
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
RHA Landscape Architects - Planners, Inc.
THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is made and
entered into on February 3rd, 2026 by and between the CITY OF RANCHO PALOS
VERDES, a California municipal corporation (“City”) and RHA Landscape Architects -
Planners, Inc., a California Corporation (“Consultant”). City and Consultant may be
referred to, individually or collectively, as “Party” or “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals, the performance of the
services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal for the performance of the
services defined and described particularly in Article 1 of this Agreement, was selected by the
City to perform those services.
C. Pursuant to the City of Rancho Palos Verdes Municipal Code, City has authority
to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of
those services defined and described particularly in Article 1 of this Agreement and desire that
the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by
the Parties and contained herein and other consideration, the value and adequacy of which are
hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall
provide those services specified in the “Scope of Services”, as stated in the Proposal, attached
hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein
as the “services” or “work” hereunder. As a material inducement to the City entering into this
Agreement, Consultant represents and warrants that it has the qualifications, experience, and
facilities necessary to properly perform the services required under this Agreement in a thorough,
competent, and professional manner, and is experienced in performing the work and services
contemplated herein. Consultant shall at all times faithfully, competently and to the best of its
ability, experience and talent, perform all services described herein. Consultant covenants that it
shall follow the highest professional standards in performing the work and services required
hereunder and that all materials will be both of good quality as well as fit for the purpose
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intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean
those standards of practice recognized by one or more first-class firms performing similar work
under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s Proposal which shall be incorporated
herein by this reference as though fully set forth herein. In the event of any inconsistency
between the terms of such Proposal and this Agreement, the terms of this Agreement shall
govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder
in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and
any Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 California Labor Law.
If the Scope of Services includes any “public work” or “maintenance work,” as those
terms are defined in California Labor Code section 1720 et seq. and California Code of
Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more,
Consultant shall pay prevailing wages for such work and comply with the requirements in
California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws,
including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be
performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and
that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1
(commencing with Section 1720) of the California Labor Code relating to public works contracts
and the rules and regulations established by the Department of Industrial Relations (“DIR”)
implementing such statutes. The work performed under this Agreement is subject to compliance
monitoring and enforcement by the DIR. Consultant shall post job site notices, as prescribed by
regulation.
(b) Prevailing Wages. Consultant shall pay prevailing wages to the extent
required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the
prevailing rate of per diem wages are on file at City Hall and will be made available to any
interested party on request. By initiating any work under this Agreement, Consultant
acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem
wages, and Consultant shall post a copy of the same at each job site where work is performed
under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with
and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment
of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The
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Consultant shall, as a penalty to the City, forfeit $200 (two hundred dollars) for each calendar
day, or portion thereof, for each worker paid less than the prevailing rates as determined by the
DIR for the work or craft in which the worker is employed for any public work done pursuant to
this Agreement by Consultant or by any subcontractor.
(d) Payroll Records. Consultant shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as
specified in Section 1776; certify and make such payroll records available for inspection as
provided by Section 1776; and inform the City of the location of the records.
(e) Apprentices. Consultant shall comply with and be bound by the provisions
of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8,
Section 200 et seq. concerning the employment of apprentices on public works projects.
Consultant shall be responsible for compliance with these aforementioned Sections for all
apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall
provide City with a copy of the information submitted to any applicable apprenticeship program.
Within 60 (sixty) days after concluding work pursuant to this Agreement, Consultant and each of
its subconsultants shall submit to the City a verified statement of the journeyman and apprentice
hours performed under this Agreement.
(f) Eight-Hour Work Day. Consultant acknowledges that 8 (eight) hours labor
constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code
Section 1810.
(g) Penalties for Excess Hours. Consultant shall comply with and be bound by
the provisions of Labor Code Section 1813 concerning penalties for workers who work excess
hours. The Consultant shall, as a penalty to the City, forfeit $25 (twenty five dollars for each
worker employed in the performance of this Agreement by the Consultant or by any
subcontractor for each calendar day during which such worker is required or permitted to work
more than 8 (eight) hours in any one calendar day and 40 (forty) hours in any one calendar week
in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of 8
(eight) hours per day, and 40 (forty) hours during any one week shall be permitted upon public
work upon compensation for all hours worked in excess of 8 hours per day at not less than one
and 1½ (one and one half) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700
provide that every employer will be required to secure the payment of compensation to its
employees if it has employees. In accordance with the provisions of California Labor Code
Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of
this contract.”
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Consultant’s Authorized Initials
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor
who will perform work under this Agreement, Consultant shall be responsible for such
subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720)
of the California Labor Code, and shall make such compliance a requirement in any contract
with any subcontractor for work under this Agreement. Consultant shall be required to take all
actions necessary to enforce such contractual provisions and ensure subcontractor's compliance,
including without limitation, conducting a review of the certified payroll records of the
subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to
pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take
corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals
as may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus
applicable penalties and interest, which may be imposed by law and arise from or are necessary
for the Consultant’s performance of the services required by this Agreement, and shall
indemnify, defend and hold harmless City, its officers, employees or agents of City, against any
such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City
hereunder.
1.6 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant’s risk until written instructions
are received from the Contract Officer in the form of a Change Order.
1.7 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to
furnish continuous protection to the work, and the equipment, materials, papers, documents,
plans, studies and/or other components thereof to prevent losses or damages, and shall be
responsible for all such damages, to persons or property, until acceptance of the work by City,
except such losses or damages as may be caused by City’s own negligence.
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1.8 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all
instruments, prepare all documents and take all actions as may be reasonably necessary to carry
out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible
for the service of the other.
1.9 Additional Services
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services
or make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written Change Order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra
work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the
written approval of the Consultant.
Any increase in compensation of up to 15% (fifteen percent) of the Contract Sum; or, in
the time to perform of up to 90 (ninety) days, may be approved by the Contract Officer through a
written Change Order. Any greater increases, taken either separately or cumulatively, must be
approved by the City Council. It is expressly understood by Consultant that the provisions of this
Section shall not apply to services specifically set forth in the Scope of Services. Consultant
hereby acknowledges that it accepts the risk that the services to be provided pursuant to the
Scope of Services may be more costly or time consuming than Consultant anticipates and that
Consultant shall not be entitled to additional compensation therefor. City may in its sole and
absolute discretion have similar work done by other Consultants. No claims for an increase in the
Contract Sum or time for performance shall be valid unless the procedures established in this
Section are followed.
If in the performance of the Services, the Contractor becomes aware of material defects
in the Scope of Work, duration, or span of the Services, or the Contractor becomes aware of
extenuating circumstance that will or could prevent the completion of the Services, on time or on
budget, the Contractor shall inform the City’s Contract Officer of an anticipated Change Order.
This proposed change order will stipulate the facts surrounding the issue, proposed solutions,
proposed costs, and proposed schedule impacts.
1.10 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated
herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any
other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
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ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and
incorporated herein by this reference. The total compensation, including reimbursement for
actual expenses, shall not exceed $122,478.00 (One Hundred Twenty Two Thousand and Four
Hundred Seventy Eight Dollars) (the “Contract Sum”), unless additional compensation is
approved pursuant to Section 1.9.
2.2 Method of Compensation.
(a) The method of compensation may include: (i) a lump sum payment upon
completion; (ii) payment in accordance with specified tasks or the percentage of completion of
the services; (iii) payment for time and materials based upon the Consultant’s rates as specified
in the Schedule of Compensation, provided that (a) time estimates are provided for the
performance of sub tasks, and (b) the Contract Sum is not exceeded; or (iv) such other methods
as may be specified in the Schedule of Compensation.
(b) A retention of 10% shall be held from each payment as a contract retention to be
paid as part of the final payment upon satisfactory and timely completion of services. This
retention shall not apply for on-call agreements for continuous services or for agreements for
scheduled routine maintenance of City property or City facilities.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Consultant is required to attend additional meetings to facilitate such coordination, Consultant
shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice, using the City template,
or in a format acceptable to the City, for all work performed and expenses incurred during the
preceding month in a form approved by City’s Director of Finance. By submitting an invoice for
payment under this Agreement, Consultant is certifying compliance with all provisions of the
Agreement. The invoice shall detail charges for all necessary and actual expenses by the
following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-
contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant
shall not invoice City for any duplicate services performed by more than one person.
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City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Consultant to be paid within 45 (forty-five) days of receipt of Consultant’s correct and
undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run
procedures, the City cannot guarantee that payment will occur within this time period. In the
event any charges or expenses are disputed by City, the original invoice shall be returned by City
to Consultant for correction and resubmission. Review and payment by City for any invoice
provided by the Consultant shall not constitute a waiver of any rights or remedies provided
herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be
deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in
the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this
reference. When requested by the Consultant, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer through a Change
Order, but not exceeding 60 (sixty) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Consultant,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather,
fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes,
wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant
shall within 10 (ten) days of the commencement of such delay notify the Contract Officer in
writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of
delay, and extend the time for performing the services for the period of the enforced delay when
and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s
determination shall be final and conclusive upon the parties to this Agreement. In no event shall
Consultant be entitled to recover damages against the City for any delay in the performance of
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this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement
pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding 18
months, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the
work specified herein and make all decisions in connection therewith:
Doug Grove President
(Name) (Title)
Greg Meek Principal
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, Consultant shall utilize
only the personnel included in the Proposal to perform services pursuant to this Agreement.
Consultant shall make every reasonable effort to maintain the stability and continuity of
Consultant’s staff and subcontractors, if any, assigned to perform the services required under this
Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors,
if any, assigned to perform the services required under this Agreement, prior to and during any
such performance. City shall have the right to approve or reject any proposed replacement
personnel, which approval shall not be unreasonably withheld.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or
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any of Consultant’s officers, employees, or agents are in any manner officials, officers,
employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or
agents, shall obtain any rights to retirement, health care or any other benefits which may
otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may
have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Andrew Berg, Recreation Program Supervisor, or such
person as may be designated by the Daniel Trautner, Director of Director of Recreation and
Parks. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept
informed of the progress of the performance of the services and the Consultant shall refer any
decisions which must be made by City to the Contract Officer. Unless otherwise specified herein,
any approval of City required hereunder shall mean the approval of the Contract Officer. The
Contract Officer shall have authority, if specified in writing by the City Manager, to sign all
documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode
or means by which Consultant, its agents or employees, perform the services required herein,
except as otherwise set forth herein. City shall have no voice in the selection, discharge,
supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing
their number, compensation or hours of service. Consultant shall perform all services required
herein as an independent contractor of City and shall remain at all times as to City a wholly
independent contractor with only such obligations as are consistent with that role. Consultant
shall not at any time or in any manner represent that it or any of its agents or employees are
agents or employees of City. City shall not in any way or for any purpose become or be deemed
to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any
joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City; all subcontractors included
in the Proposal are deemed approved. In addition, neither this Agreement nor any interest herein
may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation
of law, whether for the benefit of creditors or otherwise, without the prior written approval of
City. Transfers restricted hereunder shall include the transfer to any person or group of persons
acting in concert of more 25% (twenty five percent) of the present ownership and/or control of
Consultant, taking all transfers into account on a cumulative basis. In the event of any such
unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No
approved transfer shall release the Consultant or any surety of Consultant of any liability
hereunder without the express consent of City.
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ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to commencement of
any services under this Agreement, Consultant shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and amounts
described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01,
in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily
injury, personal injury, and property damage. The policy must include contractual liability that
has not been amended. Any endorsement restricting standard ISO “insured contract” language
will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury
and property damage for all activities of the Consultant arising out of or in connection with
Services to be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall
maintain professional liability insurance that covers the Services to be performed in connection
with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any
policy inception date, continuity date, or retroactive date must be before the effective date of this
Agreement and Consultant agrees to maintain continuous coverage through a period no less than
three (3) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance. Consultant shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at
least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated
herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers’ compensation. Insurance certificates and endorsements must be
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approved by City’s Risk Manager prior to commencement of performance. Current certification
of insurance shall be kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
(b) Duration of coverage. Consultant shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or damages to
property, which may arise from or in connection with the performance of the Services hereunder
by Consultant, its agents, representatives, employees or subconsultants.
(c) Primary/noncontributing. Coverage provided by Consultant shall be
primary and any insurance or self-insurance procured or maintained by City shall not be required
to contribute with it. The limits of insurance required herein may be satisfied by a combination
of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or
be endorsed to contain a provision that such coverage shall also apply on a primary and non-
contributory basis for the benefit of City before the City’s own insurance or self-insurance shall
be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced,
City has the right but not the duty to obtain and continuously maintain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of insurance
or that is on the List of Approved Surplus Line Insurers in the State of California, with an
assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger)
in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by
the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or
appointed officers, agents, officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each of
its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Consultant of non-compliance with any requirement imposes no additional obligations on the
City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or
limits contained in this section are not intended as a limitation on coverage, limits or other
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requirements, or a waiver of any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains to a given
issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other
coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums
shown above, the City requires and shall be entitled to coverage for the higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the specified minimum limits
of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or
broker and insurers to provide to City with a 30 (thirty) day notice of cancellation (except for
nonpayment for which a 10 (ten) day notice is required) or nonrenewal of coverage for each
required coverage.
(j) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers
shall be additional insureds under such policies. This provision shall also apply to any
excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(l) Separation of insureds. A severability of interests provision must apply for
all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the insurer’s limits of
liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Consultant agrees to ensure that its subconsultants,
subcontractors, and any other party involved with the project who is brought onto or involved in
the project by Consultant, provide the same minimum insurance coverage and endorsements
required of Consultant. Consultant agrees to monitor and review all such coverage and assumes
all responsibility for ensuring that such coverage is provided in conformity with the requirements
of this section. Consultant agrees that upon request, all agreements with consultants,
subcontractors, and others engaged in the project will be submitted to City for review.
(n) Agency’s right to revise specifications. The City reserves the right at any
time during the term of the contract to change the amounts and types of insurance required by
giving the Consultant 90 (ninety) days advance written notice of such change. If such change
results in substantial additional cost to the Consultant, the City and Consultant may renegotiate
Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured retentions be eliminated,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
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(p) Timely notice of claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Consultant’s performance
under this Agreement, and that involve or may involve coverage under any of the required
liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will
hold and save them and each of them harmless from, any and all actions, either judicial,
administrative, arbitration or regulatory claims, damages to persons or property, losses, costs,
penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims
or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein
of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or
entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or
indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any
of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection
with the negligent performance of or failure to perform such work, operations or activities of
Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and
employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Consultant for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorneys’
fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if
it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and
failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Consultant in the performance of professional
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services hereunder. The provisions of this Section do not apply to claims or liabilities occurring
as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent
permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence,
except that design professionals’ indemnity hereunder shall be limited to claims and liabilities
arising out of the negligence, recklessness or willful misconduct of the design professional. The
indemnity obligation shall be binding on successors and assigns of Consultant and shall survive
termination of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of
accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder (the “books and records”), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete
and detailed. The Contract Officer shall have full and free access to such books and records at all
times during normal business hours of City, including the right to inspect, copy, audit and make
records and transcripts from such records. Such records shall be maintained for a period of three
(3) years following completion of the services hereunder, and the City shall have access to such
records in the event any audit is required. In the event of dissolution of Consultant’s business,
custody of the books and records may be given to City, and access shall be provided by
Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully
cooperate with the City in providing access to the books and records if a public records request is
made and disclosure is required by law including but not limited to the California Public Records
Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost
of work and services to be performed pursuant to this Agreement. For this reason, Consultant
agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that
may or will materially increase or decrease the cost of the work or services contemplated herein
or, if Consultant is providing design services, the cost of the project being designed, Consultant
shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the “documents and materials”)
prepared by Consultant, its employees, subcontractors and agents in the performance of this
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Agreement shall be the property of City and shall be delivered to City upon request of the
Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim
for further employment or additional compensation as a result of the exercise by City of its full
rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any
use, reuse or assignment of such completed documents for other projects and/or use of
uncompleted documents without specific written authorization by the Consultant will be at the
City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties
shall not extend to such use, reuse or assignment. Consultant may retain copies of such
documents for its own use. Consultant shall have the right to use the concepts embodied therein.
All subcontractors shall provide for assignment to City of any documents or materials prepared
by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify
City for all damages resulting therefrom. Moreover, Consultant with respect to any documents
and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such
documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the Contract Officer or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at
depositions, response to interrogatories or other information concerning the work performed
under this Agreement. Response to a subpoena or court order shall not be considered “voluntary”
provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and
fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice
of deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work
performed there under. City retains the right, but has no obligation, to represent Consultant or be
present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully
with City and to provide City with the opportunity to review any response to discovery requests
provided by Consultant. However, this right to review any such response does not imply or mean
the right by City to control, direct, or rewrite said response.
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ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of Los Angeles, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in the County of Los
Angeles, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work performed
after the date of default. Instead, the City may give notice to Consultant of the default and the
reasons for the default. The notice shall include the timeframe in which Consultant may cure the
default. This timeframe is 15 (fifteen) days, but may be extended, though not reduced, if
circumstances warrant. During the period of time that Consultant is in default, the City shall hold
all invoices and shall, when the default is cured, proceed with payment on the invoices. In the
alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding
invoices during the period of default. If Consultant does not cure the default, the City may take
necessary steps to terminate this Agreement under this Article. Any failure on the part of the City
to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s
legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of
City to exercise such right to deduct or to withhold shall not, however, affect the obligations of
the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
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provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a
waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of
any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain
any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant,
except that where termination is due to the fault of the Consultant, the period of notice may be
such shorter time as may be determined by the Contract Officer. Upon receipt of any notice of
termination, Consultant shall immediately cease all services hereunder except such as may be
specifically approved by the Contract Officer. Consultant shall be entitled to compensation for
all services rendered prior to the effective date of the notice of termination and for any services
authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation
or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the
event of termination without cause pursuant to this Section, the City need not provide the
Consultant with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Party.
If termination is due to the failure of the other Party to fulfill its obligations under this
Agreement:
(a) City may, after compliance with the provisions of Section 7.2, take over the work
and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable
to the extent that the total cost for completion of the services required hereunder exceeds the
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compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate
such damages), and City may withhold any payments to the Consultant for the purpose of set-off
or partial payment of the amounts owed the City as previously stated.
(b) Consultant may, after compliance with the provisions of Section 7.2, terminate the
Agreement upon written notice to the City‘s Contract Officer. Consultant shall be entitled to
payment for all work performed up to the date of termination.
7.9 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such
action or proceeding, in addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s
fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery and all other
necessary costs the court allows which are incurred in such litigation. All such fees shall be
deemed to have accrued on commencement of such action and shall be enforceable whether or
not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Consultant or to its successor, or for breach of any obligation of the
terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant’s performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times
avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City
in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Consultant warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining this Agreement.
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8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry or other protected class in the performance of
this Agreement. Consultant shall take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race, color, creed,
religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other
protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this
Agreement, and should any liability or sanctions be imposed against City for such use of
unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such
liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees,
incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either
party desires or is required to give to the other party or any other person shall be in writing and
either served personally or sent by prepaid, first-class mail, in the case of the City, to the City
Manager and to the attention of the Contract Officer (with her/his name and City title), City of
Rancho Palos Verdes, 30940 Hawthorne Blvd., Rancho Palos Verdes, California 90275 and in
the case of the Consultant, to the person(s) at the address designated on the execution page of
this Agreement. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated at the time personally delivered or in
72 (seventy two) hours from the time of mailing if mailed as provided in this section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship
of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
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9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. No amendment to or modification
of this Agreement shall be valid unless made in writing and approved by the Consultant and by
the City Council. The parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contained in this Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall
not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invalid provision is so material that its invalidity deprives
either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in
this Agreement, nor shall any official, officer, or employee of City participate in any decision
relating to this Agreement which may affect his/her financial interest or the financial interest of
any corporation, partnership, or association in which (s)he is directly or indirectly interested, or
in violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
“financial interest” shall be consistent with State law and shall not include interests found to be
“remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant
warrants and represents that it has not paid or given, and will not pay or give, to any third party
including, but not limited to, any City official, officer, or employee, any money, consideration,
or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s),
omission(s), or other conduct or collusion that would result in the payment of any money,
consideration, or other thing of value to any third party including, but not limited to, any City
official, officer, or employee, as a result of consequence of obtaining or being awarded any
agreement. Consultant is aware of and understands that any such act(s), omission(s) or other
conduct resulting in such payment of money, consideration, or other thing of value will render
this Agreement void and of no force or effect.
Consultant’s Authorized Initials
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9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
Paul Seo, Mayor
ATTEST:
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William Wynder, City Attorney
CONSULTANT:
RHA LANDSCAPE ARCHITECTS –
PLANNERS
INC.
By:
Name: Doug Grove
Title: President
By:
Name: Greg Meek
Title: Principal
Address: 6840 Indiana Avenue Suite 100,
Riverside, CA 92506
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.
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EXHIBIT “A”
SCOPE OF SERVICES
I. This scope of services is for the design completion of the Ryan Park Playground
Improvements Project (address: 30359 Hawthorne Blvd, Rancho Palos Verdes, CA
90275). Figure 1A below shows the extent of the project. Consultant will perform the
following Services:
A. Site assessment and analysis including evaluation of existing site characteristics
and infrastructure to produce topographic survey plan and geotechnical report.
These parameters should suffice for production of construction drawings. Any
additional due diligence beyond site assessment and analysis should not be
subject to additional cost.
B. Design concepts for play elements, landscaping, and other features and planning
level cost estimates and equipment recommendations for each concept. Design
concepts should satisfy the minimum accessibility requirements from the parking
lot to the playground and within the playground.
C. Facilitation of one or more public design workshops and presentation of a
summary report of findings. This includes design renderings.
D. Preparation of construction plans and specifications. Construction plans must
address turn a turnkey scope which, in addition to the redesign of the playground,
includes addressing all applicable accessibility requirements for playground
access from the accessible parking stalls and interconnected access between
different playground pads.
E. Consultant shall provide bid assistance and construction administration upon
execution of add service agreement.
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Figure 1A: Project boundaries for the Ryan Park Playground Improvements Project
II. As part of the Services, Consultant will prepare and deliver the following tangible work
products to the City:
A. Topographic Design Survey
B. Geotechnical Soils Report
C. Preliminary Design Package
D. Color Renderings
E. Community Outreach and City Council Presentations
F. Demolition Plan
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G. Precise Grading Plan & Erosion Control Plan
H. Construction Plan & Details
I. Irrigation Plan & Details
J. Planting Plan & Details
K. Estimate of Costs at 60%, 90% & 100%
L. Specifications & Bid Package
M. Plan Revisions
N. All Meeting Minutes
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:
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. RHA Landscape Architects – Planners, Inc.
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B. David Beckwith and Associates, Inc - Survey, Civil Engineering, Structural
Engineering, Grading, and Drainage
C. Converse Consultants - Geotechnical Investigation and Reporting
A-28
Doug Grove
Pres i dent
Land sea pe Arch i tect
LEE D AP
David Black
Project Manager
Lan dscape Arch i tect
Jennifer Salazar
Project Manager
Landscape Designe r
Arielle Talley
Project Captain
RHA Organizational Chart
Marissa Trout
Office Manager
Account ing
Andy Emery
QC & Const A d m i n
Landscape Arch i tect
Greg Meek
Pr i ncipal
Landscape Arch i tect
Project Manager
Landsca e Arch i tect
Lauren McHugh
Proj ect Manager
Landscape Arch itect
Andrew Lytle
Project Manager
Docusign Envelope ID: 1E66D42A-03C2-4C63-B84E-8F5FA2C5D454
B-1 01203.0001/835260.1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text indicated in bold italics, deleted text indicated in strikethrough.
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks 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.
A-30
RHA Land scape Archit ects•
Planners, Inc.
Prin cipa l Proj ect Land sca pe
Hana er Desi ner
Subtota l Hours
Subtotal Dollars $
Expe nses
TOTAL
rellmmary Design a nd Desi gn Development
onstruct,on Document Preparation
Pro ·ect Mana ement
Demolition Plan
Subtotal Hours
Subtotal Dollars $
Ex e nses
TOTAL
Prec ise Gradi ng Plan & Eros ion Co ntro l Plan
Meetin s with Cit Sta ff 4
Subtotal Hours
Subtotal Dollars $
Ex e nses
TOTAL
TOTAL HOURS
TOTAL EXPENSES
TOTAL FEES
TOTAL DOLLARS
$200
6
6
1,200
12
4
19
3 ,800
4
7
1 ,400
32
6 ,400
$180 $150
6
16 10
2 ,880 $ 1,500
$500
$6,080
4
4 22
8 22
2 22
12
8
38 74
6 ,840 $ 11 100
$22,240
6
12
8
40
6 18
6 16
6
6
8 24
62 136
$ 11,160 $ 20,400
500
$33,460
116 220
$1,500
$ 20,880 S 33,000
$61 ,780
David Beckwith & Associates
Principal
$300
Project
Mana er
$250
3 0
Staff
$1 50
4 8
PI C
S225
1 30 48 5
PM
$180
$ 300 $ 7,500 $ 7,200 $ 1,125 $ 720 $
$15,000 $2,695
$
$0
60 4 1
21 68 51
$ 6,300 $ 17,000 $ 7,700 $ $
$31,000 $0
22 98 99 4
$0
6,800 $ 24,500 $ 14,900 $ 1,125 s 720 $
$46,000
Conve rs e Consulta nts
pp SP ss
S170 $156 $9S
23
5 23
850 $ 3,588 665 $
$5,203
$0
$ $
$0
23
so
850 s 3,588 $ 865 $
$14,698
DP Lab Tes ts Hand Au&er
$95 NA NA
10 $2 ,300 $4,500 $
10
950 $ 2,300 $ 4,500 $
$2,300 $4,500 $
$ $
10
950 $ 2,300 $ 4,500
TOTA L
660
2,640
15,000
14 ,698
2,280
165
35,278
500
35,n8
2.120
4 ,220
4 ,9 40
3,660
4 ,560
2 ,240
131
21 ,740
500
22,240
7,180
3 ,4 40
24 ,800
7,640
3 ,780
3,480
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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.
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EXHIBIT “D
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following
schedule:
A.
B.
C.
D.
E.
F.
G.
II. Consultant shall deliver the following tangible work products to the City by the
following dates.
A. Site Assessment and Analysis – 3-20-2026
B. Topographic Survey - 3-27-2026
C. Geotechnical Investigation and Report – 4-3-2026
D. Concept Plans, Renderings & Estimates – 5-21-2026
E. 60% PS&E – 6-18-2026
F. 90% PS&E – 7-23-2026
G. 100% PS&E – 8-27-2026
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2. Any further extensions require City Council approval.
Scope Days to Perform Deadline Date
Site Assessment and
Analysis
15 workdays 3-20-2026
Topographic Survey 20 workdays 3-27-2026
Geotechnical Investigation
and Report
25 workdays 4-3-2026
Concept Plans,
Renderings & Estimates
34 workdays 5-21-2026
60% PS&E 20 workdays 6-18-2026
90% PS&E 20 workdays 7-23-2026
100% PS&E 20 workdays 8-27-2026
A-32
6840 INDIANA AVENUE, SUITE 100, RIVERSIDE, CALIFORNIA 92506
(951) 781-1930 www.rhala,com LICENSE #2799
December 12, 2025
Cesar Rodriguez, Project Manager (Facilities)
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, California 90275
RE: Fee Proposal for Ryan Park Playground Improvements
Dear Cesar,
Per our meeting on December 3, we have prepared this fee proposal for the work on the Ryan Park
Playground Improvements project. Please review and let us know if you have any comments or
questions.
We look forward to working with you and your team on this exciting project.
Cordially,
RHA Landscape Architects-Planners, Inc.
Doug Grove, RLA, ASLA, LEED® AP
President
951-781-1930 ext 121
B-1
Ryan Park Play Area
City of Rancho Palos Verdes RHA Landscape Architects-Planners, Inc.
Principal Project
Manager
Landscape
Designer Principal Project
Manager Staff PIC PM PP SP SS DP Lab Tests Hand Auger
$200 $180 $150 $300 $250 $150 $225 $180 $170 $156 $95 $95 NA NA
Site Review & Data Collection
Project Management 2 2 660$
Research / Site Analysis / Photography 8 8 2,640$
Topographic Design Survey 1 30 48 15,000$
Geotechnical Soil Testing 5 4 5 23 7 10 $2,300 $4,500 14,698$
Meetings with city staff (2)6 6 2,280$
Subtotal Hours 6 16 10 1 30 48 5 4 5 23 7 10 165
Subtotal Dollars 1,200$ 2,880$ 1,500$ 300$ 7,500$ 7,200$ 1,125$ 720$ 850$ 3,588$ 665$ 950$ 2,300$ 4,500$ 35,278$
Expenses 500$
TOTAL $2,300 $4,500 35,778$
Preliminary Design and Design Development
Project Management 1 4 8 2,120$
Preliminary Design 1 4 22 4,220$
Refine Design and Prepare Final Design 1 8 22 4,940$
Prepare Color Renderings 2 22 3,660$
Present to Community and City Council (2)12 12 4,560$
Meetings with City Staff (4)4 8 2,240$
Subtotal Hours 19 38 74 - - - - - - - - - 131
Subtotal Dollars 3,800$ 6,840$ 11,100$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 21,740$
Expenses 500$
TOTAL 22,240$
Construction Document Preparation
Project Management 1 6 6 8 8 4 7,180$
Demolition Plan 1 8 12 3,440$
Precise Grading Plan & Erosion Control Plan 8 8 60 41 24,800$
Construction Plan & Details 1 8 40 7,640$
Irrigation Plan & Details 6 18 3,780$
Planting Plan & Details 6 16 3,480$
Estimate of Costs at 60%, 90% & 100%6 6 1,980$
Specifications & Bid Package 6 6 5 6 4,380$
Plan Review and Revisions 8 24 5,040$
Meetings with City Staff (4)4 8 2,240$
Subtotal Hours 7 62 136 21 68 51 - - - - - - 345
Subtotal Dollars 1,400$ 11,160$ 20,400$ 6,300$ 17,000$ 7,700$ -$ -$ -$ -$ -$ -$ -$ -$ 63,960$
Expenses 500$
TOTAL 64,460$
TOTAL HOURS 32 116 220 22 98 99 5 4 5 23 7 10 641
TOTAL EXPENSES 1,500$
TOTAL FEES 6,400$ 20,880$ 33,000$ 6,600$ 24,500$ 14,900$ 1,125$ 720$ 850$ 3,588$ 665$ 950$ 2,300$ 4,500$ 120,978$
TOTAL DOLLARS 122,478$
There are no exceptions taken with the Professional Service Agreement template attached to the RFQ
$61,780 $46,000 $14,698
$1,500 $0 $0
$33,460 $31,000 $0 $0
$500
$22,240 $0 $0 $0
$500
$6,080 $15,000 $2,695 $5,203
TOTAL
$500
1/16/2026
RHA Landscape Architects-
Planners, Inc.David Beckwith & Associates Converse Consultants
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Page 1 of 12
City of Rancho Palos Verdes
RFQ- Ryan Park Playground Improvement
August 28, 2025
City of Rancho Palos Verdes
Request for Qualifications
Design Services for
RYAN PARK PLAYGROUND IMPROVEMENTS
Recreation and Parks Department
Attention: Daniel Trautner, Director of Recreation and Parks
30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275
Phone: (310) 544-5364| Email: danielt@rpvca.gov
RFQ Release Date: August 28, 2025
Request for Clarification Deadline: September 5, 2025
RFQ Submittal Deadline: September 12, 2025
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Page 2 of 12
City of Rancho Palos Verdes
RFQ- Ryan Park Playground Improvement
August 28, 2025
Design Services for
RYAN PARK PLAYGROUND IMPROVEMENTS
The City is accepting Qualifications from prospective consulting firms
to provide design services for a playground and related amenities and
landscaping at Robert E. Ryan Community Park.
All correspondence and questions regarding this RFQ should be submitted via
email to:
Andrew Berg, Recreation Supervisor
Email: aberg@rpvca.gov
Phone: (310) 544-5268
To be considered for this project, submit an electronic copy of the qualifications
to the above email address by 4:30PM, on September 12, 2025
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City of Rancho Palos Verdes
RFQ- Ryan Park Playground Improvement
August 28, 2025
TABLE OF CONTENTS
I. Introduction Page 4
II. Project Objective Page 4
III. Project Description and Background Page 5
IV. Scope of Services Page 5
V. Preliminary Project Schedule Page 8
VI. Necessary Qualifications and Submittal
Requirements Page 8
VII. Submission of Qualifications Page 10
VIII. Evaluation and Selection Process Page 11
IX. Attachments
Attachment A – Sample Professional Services Agreement
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City of Rancho Palos Verdes
RFQ- Ryan Park Playground Improvement
August 28, 2025
I. INTRODUCTION
The City of Rancho Palos Verdes (City) is a scenic, upscale, residential coastal
community, with a population of approximately 42,000, located on the Palos Verdes
Peninsula of southwestern Los Angeles County. The City is a contract city, meaning that
some services are provided by contract with agencies (both public and private) and some
services are delivered by the City’s own employees.
City Government: Rancho Palos Verdes is a General Law City and has operated under
the Council-Manager form of government since its incorporation in 1973. Policy-making
and legislative authority are vested in the governing City Council, which consists of five
Council Members, including the Mayor and Mayor Pro-Tem. The City is fiscally sound and
functions on an annual budget cycle. The purpose of this document is to provide potential
bidders with the information needed to submit qualifications for review by t he City and, if
selected, enter into a Professional Service Agreement with the City. Enclosed is a blank
Professional Services Agreement form for review.
Bidders are advised that any work contracted under this RFQ may be funded in whole or
in part with Los Angeles County funds. All terms and conditions applicable to any county
funds used will be applied and enforced to ensure compliance with funding terms a nd
conditions.
Bidders are advised that any work contracted under this RFQ may be funded in whole or
in part with Los Angeles County Measure A Funding Programs. All terms and conditions
applicable to any of these special funds used will be applied and enforced to ensure
compliance with funding terms and conditions.
II. PROJECT OBJECTIVE
The City is accepting Qualifications from prospective consulting firms to provide design
services for a playground and related amenities and landscaping at Robert E. Ryan
Community Park. The main objectives of the project design are as follows:
1. The playground design should maintain the nautical theme of the current and
previous playgrounds.
2. The design should encourage creative, imaginative play while ensuring the
playground is functional and safe.
3. The Playground should have distinct areas for different age groups.
4. The playground design should reflect the desires of the community. Local residents
and stakeholders should be involved in the design process.
5. The design should incorporate the natural features of the park site.
6. The design must meet playground safety standards including but not limited to
ASTM F1487 (Standard Consumer Safety Performance Specifications for
Playground Equipment for Public Use) and all other relevant building codes.
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City of Rancho Palos Verdes
RFQ- Ryan Park Playground Improvement
August 28, 2025
7. The design should ensure playground is inclusive and accessible to children with
disabilities, complying with guidelines including but not limited to ADA Standards
for Accessible Design, ASTM 1951 (Accessibility of Surface Systems Under and
Around Playground Equipment), and universal design principles.
8. The design should identify durable, low-maintenance materials and elements that
are resistant to weathering in an outdoor, coastal climate.
III. PROJECT DESCRIPTION AND BACKGROUND
Robert E. Ryan Community Park (Ryan Park) is the City’s oldest park, transferred from
the county at the time of the City’s incorporation in 1973. Located on a hill with
expansive views of the coast and ocean, the park features a small community building,
athletic field and baseball diamond, basketball court, picnic areas with tables and grills,
open grassy areas with many mature trees, and several playground structures.
The Ryan Park playground was designed with a nautical theme and includes a variety
of components for ages 2-12. The playground is popular with the community and has
served as a gathering place for several generations of residents and visitors.
As part of its Capital Improvement Program (CIP), the City is repairing, upgrading, and
replacing park playgrounds. Improvements to playgrounds are needed to ensure they
remain functional, safe and compliant with current standards. The City has identified the
playground at Ryan Park as nearing the end of its useful life and in need of
replacement.
The existing playground structures are built into a tiered hillside and play areas are not
functionally linked as a result. Design of a new playground would consider the
topography of the site, linking play areas as appropriate, and ensure inclusion and
accessibility. Any new playground elements at Ryan Park should also retain the
nautical theme and could incorporate other themes unique to the City such as the Palos
Verdes Blue Butterfly.
IV. SCOPE OF SERVICES
The scope of work, includes, but is not limited to :
1. Site Assessment and Analysis:
a. Evaluate natural site characteristics including topography, vegetation,
drainage, climate, and sun exposure
b. Inventory and evaluate existing below and above-grade infrastructure
including structures, walls, fences, curbs, walkways and access routes, and
utilities.
c. Evaluate existing uses, user behaviors, sightlines, and accessibility.
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City of Rancho Palos Verdes
RFQ- Ryan Park Playground Improvement
August 28, 2025
d. Provide any required planning, assessments, studies, or similar work to
comply with all applicable federal, state, and local statutes, regulations,
requirements, and ordinances.
2. Recommendations and Estimates:
a. Draft schematic layouts or conceptual drawings that incorporate innovative
play elements, landscaping, and features including shade, seating, and
other park amenities. Design concepts should include:
i. Diverse play experiences, including sliding, climbing, swinging,
sensory play, etc.
ii. Integration of topography and natural play areas.
iii. Accessible routes between play areas, parking, and other park
amenities.
b. Develop a planning-level cost estimate for each of the concepts proposed.
c. Provide associated recommendations to the City based on the concepts
proposed and findings of the site assessment to inform the preparation of
construction documents (plans and specifications).
3. Presentation to Stakeholders:
a. Facilitate one or more public design workshop meetings and provide a
summary presentation of the findings.
b. Revise layouts or conceptual drawings to reflect comments from public
meetings and City staff.
c. The City may request the selected firm to prepare and deliver a presentation
to the City Council.
4. Prepare Construction Plans and Specifications
a. Develop construction plans, including all necessary sheets, including but
not limited to cover sheet, general notes, boundary/topographic survey,
existing site plan, demolition plan, proposed site plan, plan and profile for
the entire length of proposed improvement, restoration plan, utility conflict
management or relocation plan, erosion control plan, stormwater pollution
prevention plan, traffic control plans, staging and logistics plan, and
construction details.
b. Specified equipment and materials must be available through an OMNIA
Partners public sector cooperative purchasing contract.
c. All equipment and designs must meet applicable safety and accessibility
standards.
d. Plans should include all necessary details and notes pertinent to the project.
e. Construction plans are to be prepared based on relevant 3D modeling
software using appropriate scales, and plotted on 24”x36” (Arch D) sheets.
f. All construction plan sheets shall be stamped by a licensed Professional
Engineer registered in the State of California. Surveys shall be stamped by
a licensed Land Surveyor registered in the State of California.
g. All construction plan sheets shall include a box for City administrative
approval by the Director of Recreation and Parks in the signature block.
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August 28, 2025
h. All construction plans shall be delivered to the City electronically in PDF
format.
i. Upon completion of design, native files (.dwg, models, etc.) shall be
provided to the City.
The selected consultant shall complete other tasks deemed necessary for the
accomplishment of a complete and comprehensive outcome as described above. The
successful consultant shall expand on the tasks listed above, where appropriate, and
provide suggestions which might lead to efficiencies and enhanced results.
Deliverables
As part of the Services, Consultant will prepare and deliver the following tangible work
products to the City:
1. Memorandum summarizing information collected
a. Photos, measurements, existing conditions, and any site challenges or
opportunities
b. Compliance requirements for all applicable federal, state, and local
statutes, regulations, requirements, and ordinances.
c. Recommended mitigation measures to ensure compliance with the above-
listed requirements.
2. Recommendations, Conceptual Plans and Estimates
a. Preliminary design concepts, including 3D models, showing potential
themes, play elements, and layouts for the playground, pathways, and
landscape features
3. Engineering Plans, Specifications, and Estimates for Implementation of
Recommendations based on City direction
a. 60% Plans, Specifications and Estimates (PS&E)
b. 90% PS&E and preliminary construction schedule
c. Final (100%) PS&E
City staff may request that check-sets or working versions of documents be submitted
for ongoing routine review. City staff will review all deliverables, including preparatory or
record materials for service deliverables, and provide comments. Consultant is required
to revise draft deliverables to address City staffs’ comments.
V. PRELIMINARY PROJECT SCHEDULE
A. RFQ Scheudle
The following is the anticipated schedule for the RFQ process:
Request for Qualifications Released August 28, 2025
Request for Clarification due September 5, 2025
Firm Qualifications Due September 12, 2025
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RFQ- Ryan Park Playground Improvement
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Firm Interviews (if necessary) Week of September 15, 2025
Anticipated Notice of Selection September 26, 2025
B. Anticipated Project Schedule
Weekly Status Report Continuous
60% Plans, Specifications, and Estimates NTP + 1 Months
90% Plans, Specifications, and Estimates NTP + 2 Months
Final Construction Plans, Specifications, and Estimates NTP + 3 Months
Please note that this schedule is preliminary. It is included to provide the Consultant
with a sense of the expected timeline for the Scope of Service and emphasize the
urgent nature of the work and the City’s expectation that the Scope of Services will be
completed as quickly as possible. The ideal Consultant candidate will have available
resources and personnel, either in-house or under subcontract, to ensure the
completion of the Scope of Services at the earliest possible time.
VI. NECESSARY QUALIFICATIONS AND SUBMITTAL REQUIREMENTS
1. Only one proposal per firm will be considered.
2. The submittal should be typed and as brief as possible while adequately
describing the qualifications of the firm. The final submittal shall be sent as a
PDF via email to Andrew Berg, Recreation Supervisor at aberg@rpvca.gov
3. The proposing firm shall submit the following information with the package,
including the same information for subcontractors, in the following format:
a) Cover Letter: Provide the name, address, and phone number of the firm; the
present staff (size, classification, credentials); the primary contact’s name,
phone number, and email address; any qualifying statements or comments
regarding the proposal; and identification of any sub-consultants and their
responsibilities. Identify the firm’s type of organization (individual, partnership,
corporation), including names and contact information for all officers, and
proof that the organization is currently in good standing. The signed letter
should also include a paragraph stating that the firm is unaware of any conflict
of interest in performing the proposed work. (No more than two pages)
b) Approach to Scope of Services: Re-state the Scope of Services with any
additions, expansions, clarifications, or modifications that the firm proposes in
order to provide the services and produce the deliverables contained in this
RFQ. Describe how completing the Scope of Services will be approached and
any cost-saving or value-adding strategies or innovations the firm will bring to
the project. (No more than two pages)
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c) Organization and Staffing: Identify the person who will be the Project
Manager and primary contact person responsible for the overall delivery of
the project. Provide an organizational chart of the project team that clearly
delineates communication and reporting relationships among the project staff
and among the sub-consultants involved in the project. Identify key personnel
to perform work in the various tasks and include major areas of subcontracted
work. Indicate the expected contributions of each staff member in time as a
percentage of the total effort. Specifically show the availability of staff to
provide the necessary resource levels to meet the City’s needs. Indicate that
the Project Manager and key staff will remain assigned to this project through
completion of the Scope of Services. (No more than two pages)
d) Staff Qualifications and Experience: Describe qualifications of the assigned
staff and sub-contractors including relevant technical experience. Staff
assigned to complete the Scope of Services must have p revious experience
in providing the necessary services as described under the Scope of
Services. A registered Professional Engineer must be the Project Manager.
Description of Consultant’s experience should include:
• Prior Experience: Demonstrate that the firm has significant experience
providing services similar to those described under the Scope of Services.
(No more than two pages)
• Staff Qualifications: Provide resumes for the Project Manager and any
other key staff members to be assigned to contribute to the Scope of
Services, with an emphasis on similar services which they provided to
other agencies. (No more than ten pages)
• Reference Projects: Include at least three projects with similar scope of
services performed by the project team within the past three years and
indicate the specific responsibilities of each team member on the
reference project. Provide contact information for each client. (No more
than ten pages)
e) Project Schedule: Provide a detailed critical-path-method schedule for
completion of the tasks and sub-tasks required to accomplish the scope of
work. Note all deliverables and interim milestones on the schedule. (No more
than one 11” x 17” page)
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RFQ- Ryan Park Playground Improvement
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f) Quality Control Plan: Describe the quality control procedures and associated
staff responsibilities which will ensure that the deliverables will meet the City’s
needs. (No more than one page)
g) Acceptance of Conditions: State the offering firm’s acceptance of all
conditions listed in the Request for Qualifications (RFQ) document and
Sample Professional Services Agreement (Attachment D). Any exceptions or
suggested changes to the RFQ or Professional Services Agreement (PSA),
including the suggested change, the reasons therefore and the impact it may
have on cost or other considerations on the firm’s behalf must be stated in the
proposal. Unless specifically noted by the firm, the City will rely on the
proposal being in compliance with all aspects of the RFQ and in agreement
with all provisions of the PSA. (No more than one page)
VII. Submission of Qualifications
A. Requests for Clarification
Requests for clarification of the information contained herein shall be submitted
in writing prior to 4:30 pm on September 12, 2025. Responses to any
clarification question will be provided to each firm via Planet Bids.
B. Confirmation Email
Upon submission of proposal to the City, the proposing firm shall request an email
confirmation that the proposal was received and retain the email as a record. If an
email confirmation is not received, the proposing firm shall correspond with the
City until a confirmation is received.
VIII. EVALUATIONS AND SELECTION PROCESS
1. Proposals Will be Evaluated Based on the Following Criteria:
a) Approach to Scope of Services (25%)
• Understanding of the Scope of Services as demonstrated by the
thoroughness of the proposal, introduction of cost-saving or value-adding
strategies or innovations (including those applying to overall project
schedule), and an overall approach most likely to result in the desired
outcome for the City.
b) Proposal Schedule (20%)
• Ability to complete the work in the shortest schedule possible (excluding
time for review and community meetings).
c) Staff Qualifications and Experience (30%)
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City of Rancho Palos Verdes
RFQ- Ryan Park Playground Improvement
August 28, 2025
• Relevance of experience of the proposing firm (to provide support
resources to the project team)
• Relevance of experience and strength of qualifications of the Project
Manager
• Relevance of experience and strength of qualifications of the key
personnel performing the work
• Relevance of referenced projects and client review of performance during
those projects
d) Organization and Staffing (15%)
• Availability of key staff to perform the services throughout the duration of
the project
• Assignment of appropriate staff in the right numbers to perform the Scope
of Services
• Appropriate communication and reporting relationships to meet the City’s
needs
e) Quality Control (10%)
• Adequate immediate supervision and review of staff performing the work
as well as appropriate independent peer review of the work by qualified
technical staff not otherwise involved in the project.
2. Selection Process
An evaluation panel will review all statements of qualifications submitted and select
the top firms. These top firms may then be invited to make a (virtual) presentation
to the evaluation panel, at no costs to the City. The panel will select the firm, if any,
which best fulfills the City’s requirements. The City will then further refine the scope
and schedule with that firm and request a not to exceed proposal. The City will
negotiate the fee with that firm. The City reserves the right to negotiate special
requirements and proposed service levels using the selected proposal as a basis.
If the City is unable to negotiate an agreeable fee for services with top firm, the
City will negotiate with the next firm chosen among the top firms.
3. Award Notification
The City will notify all proposers in writing of the outcome of the selection process
and intent to award. This RFQ does not commit the City to award an agreement,
nor pay any costs incurred in the preparation and submission of the proposal in
anticipation of an agreement. The City reserves the right to reject any or all
submittals, or any part thereof, to waive any formalities or informalities, and to
award the agreement to the proposer deemed to be in the best interest of the City
and the Department.
4. Award of Agreement
The selected firm shall be required to enter into a written agreement (see sample
City agreement in Attachment A) with the City, in a form approved by the City
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City of Rancho Palos Verdes
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Attorney, to perform the Scope of Services. This RFQ and the proposal, or any
part thereof, may be incorporated into and made a part of the final agreement;
however, the City reserves the right to further negotiate the terms and conditions
of the agreement with the selected consultant. The agreement will, in any event,
include a maximum "fixed cost" to the City.
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8400 Series
Pr
224 (Measure A -LAC -RPOSO)
330 (CIP Fund)
ESTIMATED SCHEDULE
FY 2025-26 through 2029-30
Capital Improvement Program
ace & Recreation Facilities Pro'ects
This project intends to repair, upgrade, or replace playground components at the following city parks:
The scope of work may include landing platforms, bridges, guardrails and barriers, playground
hardware, playground signage, loose fill surfacing, unitary surfacing, and playground-adajcent items
such as retaining walls, fencing, walkways, curbs, turf, and irrigation.
TCOST EST ATES
4/17/2025 FY25/26 FY26/27 FY27/28 FY28/29 FY29/30 Overall
$ $ $ $ $-$
$ $ $ $ $-$
$ 30,000 $ 20,000 TBD TBD TBD TBD
$ 15,000 $ 10,000 TBD TBD TBD TBD
$ 285,000 $ 175,000 TBD TBD TBD TBD
$ 15,000 $ 10,000 TBD TBD TBD TBD
$ 55,00 35,000 T D T BD
35, 90 0 ,00 2 0,0 0 T D T T D
FUNDING
Committed as of Future
4/17/2025 FY25/26 FY26/27 FY27/28 FY28/29 FY29/30 Fiscal Years
$-$ 400,000 $ 250,000 $-$-$-$
$ 35,390 $ -$-$-$-$-$
$-$-$-$-$-$-$
$-$-$-$-$-$-$
$-$-$-$-$-$-$
$ 35,390 $ 400,000 $ 250,000 TBD TBD TBD TBD
Estimated annual o eratin / maintenance cost TBD
Engineering and Construction for Ryan Park (Phase 1) in Fiscal Year 2025-26
Engineering and Construction for Ryan Park (Phase 2) in Fiscal Year 2026-27
Playground improvements at other parks TBD
Project Location Map Background and Justification
Improvements to playground areas are needed to ensure that they remain compliant
with current playground regulations. Playground areas to be repaired, upgraded, or
replaced are typically identified by a facilities assessment conducted by a specialized
consultant and further supported by City staff's regular inspections. Where
recommended, playground improvements may be replaced completely.
D-1
-
-
-
-
-
PROJEC IM
0 $ B 8D T TBD
$ 5 0 B BO B TBD
PARTIES TO AGREEMENT
RPOSD: GRANTEE:
Los Angeles County
Regional Park and Open Space District
1000 South Fremont Avenue, Unit #40
Building A-9 East, Ground Floor
Alhambra, CA 91803
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
This Annual Allocation Grant Agreement ("Agreement") is made and entered into by and
between the City of Rancho Palos Verdes (“Grantee”) and the Los Angeles County Regional
Park and Open Space District (“RPOSD”). Grantee agrees to complete Annual Allocation
projects as described in any Notice to Proceed (“NTP”), a subordinate agreement executed
wholly within and subject to the provisions of this Agreement, approved by RPOSD, acting
through the Director of the County of Los Angeles Department of Parks and Recreation, and
pursuant to Measure A.
RECITALS
WHEREAS, RPOSD, acting through the Director of the County of Los Angeles Department of
Parks and Recreation and Measure A, is authorized by the County of Los Angeles Board of
Supervisors, acting in its capacity as the governing body of the RPOSD, to implement Measure
A and administer Measure A grants;
WHEREAS, Grantee is a public entity eligible for Annual Allocation awards; and
WHEREAS, this Agreement is authorized by Measure A;
THEREFORE, in consideration of the mutual covenants, promises, and representations herein,
RPOSD and Grantee agree as follows:
Definitions
Annual Allocations: Annual grant funds allocated pursuant to Section 5, subdivision (b) of
Measure A.
Board of RPOSD: The County of Los Angeles Board of Supervisors acting in its capacity as the
governing body of the RPOSD.
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Good Standing: Good Standing is when an agency or organization is in compliance with all
requirements stated in the guidelines, policies, and procedures of RPOSD for both Proposition
A and Measure A. Good Standing is required of Grantees in order for payment requests to be
processed and to receive or apply for any grant funds from RPOSD.
Grants Administration Manual (GAM): The document that details the policies and procedures
for administering grants awarded by RPOSD. From time to time, it shall be amended or
changed by RPOSD as described in this agreement.
Grants Management System (GMS): The online Grants Management System used by RPOSD
to track Measure A grant-funded projects.
Measure A: The Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and
Water Conservation Measure to levy a special tax and issuing bonds approved by voters on
November 8, 2016.
Notice to Proceed (NTP): A subordinate agreement executed wholly within and subject to the
provisions of this Agreement, for the performance of deliverables as described in the Notice
to Proceed (Attachment A). Upon issuance by RPOSD, the NTP confirms approval of an
identified project and a specified grant amount and authorizes Grantee to commence
performance of said project. The NTP shall include the specifics of the approved project, such
as the scope of work, funding award, and performance period for the project.
NTP Performance Period: The timeframe within which Grantee is to complete a project as
detailed in each Work Plan. Project costs must be incurred within the NTP Performance Period
for each project to be eligible for reimbursement.
Project: Acquisition, development, planning and design/or innovation projects utilizing Annual
Allocation funding, and as set forth in an executed NTP.
Scope of Work: Grantee’s written description of tasks and deliverables for a project, as set
forth in the Work Plan.
Work Plan: A plan that details the proposed elements of a project: scope of work, deliverables,
timeline, budget, land tenure, perpetuity plan, community engagement plan, funding
acknowledgement, and attachments (as needed).
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TERMS AND CONDITIONS
Article 1: Conditions
A. This Agreement applies to all grant funds allocated to Grantee for projects which
Grantee has applied for, and which have been approved by RPOSD, as evidenced by
the issuance of an NTP.
B. The Work Plan and its required attachments, and any subsequent changes or additions
approved by RPOSD, are hereby incorporated in this Agreement as though set forth in
full.
C. The GAM, and any subsequent changes or additions thereto, and the Measure A
Resolution are also hereby incorporated in this Agreement as though set forth in full.
D. As per the approved NTP(s), RPOSD grants the Grantee a sum of money not to exceed
the budget amount, in consideration and on the condition that the sum be solely
expended for the purposes set forth in the NTP Scope of Work for the approved Work
Plan and under the terms and conditions set forth in this Agreement.
E. Grantee acknowledges that it may be required to furnish any additional funds
necessary to complete the project approved in the NTP.
F. Any non-recreational use of the project area must be preapproved in writing by RPOSD,
and if approved, Grantee agrees that any gross income earned from such non-
recreational uses of the project shall be used for recreation development, additional
acquisition, operation or maintenance at the project site, unless RPOSD approves
otherwise in writing.
G. Grantee agrees that any gross income that accrues to a grant-assisted development
project authorized by the NTP during and/or as part of the construction, from sources
other than the intended recreational uses, also shall be used for further development
of that particular project described in the NTP, unless RPOSD approves otherwise in
writing.
Article 2: Term of Agreement
This Agreement is effective upon the date it is fully executed by the Grantee and Director of
RPOSD or their designees (“Effective Date”) and will remain in effect in perpetuity unless
terminated by RPOSD upon written notice.
Article 3: Counterparts and Electronic Signatures
A. This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original but all of which together shall constitute one and the same
Agreement. The email or electronic signature of the parties shall be deemed to
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constitute original signatures, and electronic copies hereof shall be deemed to
constitute duplicate originals.
B. RPOSD and Grantee hereby agree to regard electronic representations of original
signatures of authorized officers of each party, when appearing in appropriate places
on the Amendments and received via communications facilities (email or electronic
signature), as legally sufficient evidence that such legally binding signatures have
been affixed to Amendments to this Agreement.
Article 4: Grant Funds
Grantee will not be entitled to any payment by RPOSD under this Agreement except pursuant
to an authorized NTP for each project. Grant funds will be disbursed and used solely by the
Grantee in accordance with the Work Plan defined in the NTP for each project, subject to the
provisions of this Agreement. Grantee may not combine or carryover funds remaining in one
project to another. Grantee understands that grant funds are not a gift and agrees that RPOSD
is granting funds for Grantee to complete the work authorized in each NTP.
Article 5: Expenditure of Grant Funds and Allocation of Funds Between Budget Items
Grantee shall expend grant funds consistent with the approved NTP, which incorporates by
reference the Work Plan. Any revisions to the budget that attempts to shift funds from
approved budget items into a different category must be identified in a revised Work Plan
within the GMS and approved in advance by RPOSD. RPOSD may withhold payment for items
which exceed the amount allocated in the Work Plan which have not received the approval
required herein. Any RPOSD approved increase in the funding for any budgeted item may
result in a corresponding decrease in the funding for one or more other budgeted items.
Article 6: Project Costs and Reimbursements
RPOSD shall reimburse to Grantee, in accordance with the authorized NTP’s budget, a total
amount not to exceed the amount of the NTP, as follows:
A. RPOSD shall reimburse funds for eligible costs incurred to date, up to 90% of the grant
amount specified in the NTP, upon the Grantee’s satisfactory progress and upon
submission of an electronic claim form(s), which shall be submitted no more
frequently than every 45 days. RPOSD shall disburse the final 10% upon the Grantee’s
satisfactory completion of the project, submission of required documentation, and
approval by RPOSD. Project costs must be incurred within the NTP Performance
Period to be eligible for reimbursement.
B. Grantee shall request reimbursements by submitting a claim to RPOSD through the
GMS and complete all forms and requirements of the claim process. RPOSD will only
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reimburse for actual costs incurred and verified. The form shall also indicate
cumulative expenditures to date and expenditures during the reporting period.
C. Claim for reimbursement must be signed by Grantee’s authorized representative.
Each claim form shall be accompanied by:
1. All receipts and any other source documents for direct expenditures and costs
that Grantee seeks reimbursement for.
2. Invoices from vendor(s) that Grantee engaged to complete any portion of the
work funded under this Agreement and proof of payment (credit card
statement, cleared checks) and any other source documents for costs incurred
and expenditures by any such vendor(s), unless RPOSD makes a specific
exemption in writing.
D. RPOSD, in its sole discretion, may deny reimbursement requests that do not comply
with reimbursement requirements or lack sufficient documentation.
Article 7: Indirect Overhead Costs
Grantee may request reimbursement of its indirect overhead costs in accordance with the
GAM.
Article 8: Project Completion
Grantee shall complete the project by the Performance Period identified in the approved NTP.
Upon completion of a project, Grantee shall provide RPOSD with evidence of completion by
submitting:
1. All deliverables specified in the Work Plan, each in a format(s) approved by RPOSD (for
example, paper, digital, photographic);
2. Electronic submission of the final claim;
3. All required documentation as required by RPOSD.
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Article 9: Deed Restriction
Grantee shall cause to be recorded on the title of any real property acquired and/or developed
with funds from the Measure, a deed restriction requiring compliance with the Measure A
resolution, in perpetuity consistent with the applicable provisions in the GAM.
Article 10: Funding Acknowledgement
Grantee is required to acknowledge RPOSD’s financial assistance for each project that has
been awarded funding consistent with the conditions set forth in the GAM, which may include,
without limitation: (1) printed and promotional materials, (2) social media, and (3) project
signage.
Article 11: Severability
If any provision of this Agreement is found or deemed by a court of competent jurisdiction to
be invalid or unenforceable, it shall be considered severable from the remainder of the
Agreement and shall not cause the remainder to be invalid or unenforceable.
Article 12: Change of Use/Disposal
To use the property only for the purposes of Measure A and to make no other use, sale, or
disposition of the property, except as described in Paragraph (A).
(A) If the use of the property acquired through grants pursuant to this resolution is
changed to one other than a use permitted under the category from which the funds
were provided, or the property is sold or otherwise disposed of, an amount equal to
the (1) amount of the grant, (2) the fair market value of the real property, or (3) the
proceeds from the portion of such property acquired, developed, improved,
rehabilitated or restored with the grant, whichever is greater, shall be used by the
recipient for a purpose authorized in that category or shall be reimbursed to the Parks
Fund and shall be available for a use authorized in that category.
If the property sold or otherwise disposed of is less than the entire interest in the
property originally acquired, developed, improved, rehabilitated or restored with the
grant, an amount equal to the proceeds or the fair market value of the property
interest sold or otherwise disposed of, whichever is greater, shall be used by the
Grantee for a purpose authorized in that category or shall be reimbursed to the Parks
Fund and be available for a use authorized in that category. Nothing in this Section
shall limit a Public Agency from transferring property acquired pursuant to this order
to the National Park Service or the State Park System, with or without consideration.
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In either instance, Grantee must provide documentation to RPOSD detailing the
benefits that the disposal or partial disposal of property will provide to the residents
of Los Angeles County, consistent with Measure A.
Article 13: Community Outreach and Engagement
Grantee must conduct community outreach and engagement that meet the minimum
requirements, as defined in the GAM, with the intent to ensure that communities throughout
Los Angeles County are aware of and can help determine spending priorities for their projects,
and to facilitate a transparent process by which agencies report use of Measure A funds.
Article 14: Indemnification and Hold Harmless
Grantee shall indemnify, defend and hold RPOSD, its officers, and employees harmless from
and against any and all liability to any third party for or from loss, damage or injury to persons
or property in any manner arising out of, or incident to, the performance of this Contract or
the planning, arranging, implementing, sponsoring or conducting of the Project or any other
operation, or activity by the Grantee; and from all costs and expenses, including attorney’s
fees, in any action or liability arising under this Contract or the planning, arranging,
implementing, sponsoring or conducting of the Project or any other operation, or activity by
the Grantee. RPOSD shall have no liability for any debts, liabilities, deficits, or cost overruns
of the Grantee. Grantee and RPOSD agree that the liability of the RPOSD hereunder shall be
limited to the payment of the grant monies pursuant to the terms and conditions of this
Agreement and the GAM. Any contracts entered into, or other obligations or liabilities
incurred by, Grantee in connection with the Project or otherwise relating to this Agreement
shall be the sole responsibility of Grantee, and RPOSD shall have no obligation or liability
whatsoever thereunder or with respect thereto.
Article 15: Performance and Development
A. Grantee agrees to promptly submit any reports or documentation that RPOSD may
request.
B. If the project described in the approved NTP includes development, Grantee shall
ensure that projects adhere to environmental and sustainability efforts consistent with
the Safe, Clean Neighborhood Parks, Healthy Communities and Urban Greening
Program; Natural Lands, Open Spaces and Local Beaches, Water Conservation and
Watershed Protection Program; Regional Recreation Facilities, Multi-Use Trails and
Accessibility Program. Examples including but are not limited to: sustainability, cost-
saving energy efficiency, weatherization, stormwater capture, water efficiency,
including irrigation efficiency, use of reclaimed water or stormwater, and use of climate
and site appropriate native California tree and plant materials.
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C. If the project described in the approved NTP includes acquisition of real property,
Grantee agrees to furnish RPOSD with evidence of title, such as preliminary title
reports. RPOSD, at its sole discretion, shall determine whether the evidence is
acceptable under this Agreement. Grantee agrees in negotiated purchases to correct,
prior to or at the close of escrow, any defects of title that in the opinion of RPOSD might
interfere with the operation of the Project. In condemnation actions, such title defects
must be eliminated by the final judgment.
Article 16: Amendments
As provided herein, no amendment (including without limitation, deletions) of any of the
terms or conditions of the Agreement will be effective unless provided in writing signed by all
parties. It is the responsibility of Grantee to ensure that any person who signs an amendment
on its behalf is duly authorized to do so.
Article 17: Compliance with Laws
Grantee shall at all times comply with all applicable federal, state and local laws, statutes,
rules, regulations, ordinances, directives, guidelines, and policies and procedures.
Article 18: Governing Law, Jurisdiction, and Venue
This Agreement will be governed by, and construed in accordance with, the laws of the State
of California. Grantee agrees and consents to the exclusive jurisdiction of the courts of the
State of California for all purposes regarding this Agreement and further agrees and consents
that venue of any action brought hereunder will be exclusively in the County of Los Angeles.
Article 19: Notices
All notices permitted or required to be given under this Agreement shall be in writing by mail
with an email copy to info@rposd.lacounty.gov.
Article 20: Audits, Accounting, Records
A. Grantee agrees to maintain accurate and complete financial records of its activities and
operations relating to this Agreement and for each executed NTP in accordance with
generally accepted accounting principles.
B. Grantee also agrees to retain such financial accounts, documents and records for a
minimum of five (5) years following completion of each project.
C. Grantee and RPOSD agree that during regular office hours, RPOSD or its duly
authorized representatives shall have the right to inspect and make copies of any
books, records or reports of the other party pertaining to this Agreement or matters
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related thereto. Grantee agrees to maintain, and make available for RPOSD inspection,
accurate records of all its costs, reimbursements and receipts with respect to its
activities under this Agreement.
At any time during the term of this Agreement or at any time within five years after
termination of this Agreement, authorized representatives of RPOSD may conduct an
audit of Grantee for the purpose of verifying appropriateness and validity of
expenditures that Grantee has submitted to RPOSD for reimbursement under the
terms of this Agreement.
D. Grantee, within thirty (30) days of notification that an audit has resulted in the
exception of expenditures, may dispute the audit findings in writing to RPOSD and
provide RPOSD with records and/or documentation to support the expenditure claims.
RPOSD shall review this documentation and make a final determination as to the
validity of the expenditures.
E. If Grantee has received all grant monies prior to the audit, or if remaining grant
monies are insufficient, and if said audit reveals expenditures that cannot be verified
or that were paid in violation of the terms of this Agreement, Measure A or the GAM,
Grantee shall pay RPOSD an amount equal to these expenditures within sixty (60) days
after receiving written notification of the expenditures disallowed and the reason for
the disallowance.
Article 21: Computer Software
Grantee certifies that it has instituted and will employ systems and controls appropriate to
ensure that, in the performance of this Agreement, RPOSD funds will not be used for the
acquisition, operation or maintenance of computer software in violation of copyright laws.
Article 22: Nondiscrimination
Grantee shall not discriminate against any person on the basis of race, color, sex, sexual
orientation, age, religious belief, national origin, marital status, physical or mental handicap,
medical condition, or place of residence in the use of any property or facility acquired or
developed pursuant to this Agreement.
Article 23: Independent Capacity
This Agreement is by and between RPOSD and Grantee and is not intended to create the
relationship of agent, servant, employee, partnership, joint venture, or association, as
between RPOSD and Grantee. The employees and agents of one party must not be, or be
construed to be, the employees or agents of the other party for any purpose whatsoever.
Article 24: Assignment
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Grantee shall not assign, exchange, transfer, or delegate its rights or duties under this
Agreement, whether in whole or in part, without the prior written consent of RPOSD, in its
discretion.
Article 25: Good Standing
Good Standing is required of Grantees to receive any grant funds and processing of claims
from RPOSD.
Article 26: Timeliness
Time is of the essence in this Agreement.
Article 27: Publicity of Project Information
Grantee shall give RPOSD the right and opportunity to use information gained from a project
described in the approved NTP.
A. Grantee agrees to utilize best efforts to provide a minimum of 30 days’ notice of the
project grand openings, inauguration, dedications, significance, and completion to
RPOSD staff and to the County Supervisor’s Office in which the project described in a
work plan is located, as well as to other appropriate public officials.
B. Grantee shall provide quality digital photographs of the pre-construction site and
completed project described in the work plan to RPOSD. If unable to provide digital
photographs (collectively, “Photographs”) then Grantee shall provide quality printed
Photographs of the completed project described in the work plan.
Article 28: Authorization Warranty
Grantee represents and warrants that the person executing this Agreement on behalf of
Grantee is an authorized agent who has actual authority to bind Grantee to each and every
term, and condition, and obligation of this Agreement and that all requirements of the Grantee
have been fulfilled to provide such actual authority.
Article 29: Conflict of Interest
A. No RPOSD employee whose position with RPOSD enables such employee to influence
the award of this Agreement or any subsequent NTP, and no spouse or economic
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dependent of such employee, shall be employed in any capacity by Grantee or have
any other direct or indirect financial interest in this Agreement. No officer or employee
of Grantee who may financially benefit from the performance of work hereunder shall
in any way participate in RPOSD's approval, or ongoing evaluation, of such work, or in
any way attempt to unlawfully influence RPOSD's approval or ongoing evaluation of
such work.
B. Grantee shall comply with all conflict of interest laws, ordinances, and regulations now
in effect, or hereafter to be enacted, during the term of this Agreement. Grantee
warrants that it is not now aware of any facts that create a conflict of interest. If
Grantee hereafter becomes aware of any facts that might reasonably be expected to
create a conflict of interest, it shall immediately make full written disclosure of such
facts to RPOSD. Full written disclosure shall include, but is not limited to, identification
of all persons implicated and a complete description of all relevant circumstances.
Failure to comply with the provisions of this Article 30 shall be a material breach of this
Agreement.
Article 30: Validity
If any provision of this Agreement or the application thereof to any person or circumstance is
held invalid, the remainder of this Agreement and the application of such provision to other
persons or circumstances shall not be affected thereby.
Article 31: Waiver
No waiver by RPOSD of any breach of any provision of this Agreement shall constitute a waiver
of any other breach or of such provision. Failure of RPOSD to enforce at any time, or from
time to time, any provision of this Agreement shall not be construed as a waiver thereof. The
rights and remedies set forth in this Article shall not be exclusive and are in addition to any
other rights and remedies provided by law or under this Agreement.
Article 32: Long Term Obligations
A. With the written consent of RPOSD, Grantee may transfer property acquired with
funds granted under this Agreement to another public agency; to a nonprofit
organization authorized to acquire real property for park, wildlife, recreation,
community, open space, or gang prevention and intervention purposes; or to the
California Department of Parks and Recreation, National Park Service, or the US Forest
Service, at de minimis cost, provided that approval by RPOSD is obtained prior to the
change and any such successor to the recipient assumes the obligations imposed under
the Measure and to accept assignment of this Agreement. Under these conditions,
Grantee shall not be required to reimburse RPOSD. Any such transfer must require the
nonprofit or public entity acquiring the property to enter into a written contract with
RPOSD and agree to comply with the terms of Measure A and this Agreement.
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B. Grantee agrees to provide for reasonable public access to lands acquired in fee with
grant monies, including the provision of parking and public restrooms, except when
that access may interfere with resource protection.
C. All facilities shall be open to members of the public generally, as noted in the GAM.
Grantee agrees that property and facilities acquired or developed with Measure A
funds as per this Agreement shall be available for inspection upon RPOSD’s request, in
perpetuity.
D. Grantee agrees to maintain and operate in perpetuity the property acquired,
developed, rehabilitated or restored with grant monies, subject to the provisions of
Measure A and this Agreement.
E. Grantee agrees to take all reasonable measures to actively oppose, at its sole expense,
any proposal or attempt to act upon, exercise, or assert claims as to reserved rights to
the grant funded property that are contrary to the purposes of Measure A, GAM and/
or this Agreement, including but not limited to oil, gas, and other hydrocarbon
substances; minerals; water; and/or riparian resources. The above notwithstanding,
Grantee has no obligation hereunder to initiate litigation challenging any project or
proposal based on a reserved right lawfully recorded against the grant funded property
in real property records maintained by the Los Angeles County Recorder’s Office.
Article 33: Breach
A. Grantee agrees that compliance with the terms of this Agreement will have significant
benefits to Los Angeles County and its constituents. Because such benefits exceed the
amount of funds furnished under these provisions, Grantee agrees that any breach
would result in incalculable loss, and therefore, any payment by the Grantee to RPOSD
of an amount equal to the amount of the funds would be inadequate compensation.
In the event that Grantee breaches any of the terms, covenants, representations, or
conditions of this Agreement, RPOSD may elect to enforce any and all remedies
available at law or in equity, including without limitation, any of the following:
1. Prior to reimbursement of funds:
a. Withdrawal of an approved NTP;
2. After payment (partial or full) of a specific project approved through an NTP:
a. Seek specific performance of Grantee’s obligations under this Agreement;
b. Receive reimbursement of grant funds awarded under the NTP.
B. If RPOSD brings an action to enforce the terms of this Agreement, Grantee shall be
responsible to pay RPOSD’s attorney’s fees and costs, including expert witness costs, if
RPOSD prevails in said action.
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C. The foregoing remedies are cumulative and may be exercised independently or in
combination and are not exclusive to one another or to any other remedies available
at law or in equity. In the event RPOSD must pursue any remedy hereunder and is the
substantially prevailing party, RPOSD shall be awarded its costs and reasonable legal
fees, including costs of collection.
Article 34: NTP Termination
RPOSD may withdraw, in whole or in part, an NTP and/or terminate this Agreement, and/or
seek a refund of payments already made if RPOSD determines in its discretion that:
1. Facts have arisen, or situations have occurred, that fundamentally alter the
expectations of the parties or make the purposes for an NTP or grant funds approved
as contemplated infeasible or impractical;
2. Any material modifications in the scope or nature of a project have occurred from that
which was presented in the NTP and such material modifications have not received the
prior written approval of RPOSD;
3. Any statement or representation made by Grantee in the NTP, the grant status update
report, and back up documents, or is otherwise untrue, inaccurate or incomplete in
any material respect;
4. The results of RPOSD’s review of the grant status update report are not acceptable to
RPOSD;
5. The project described in the NTP will not or cannot be completed by the NTP
Performance Period or any extensions granted thereto or delays in the implementation
of the project have occurred which, in RPOSD’s judgment, make the project
impracticable;
6. Title to or encumbrances against the property are or become such that the Grantee is
unable to complete the project described in the NTP and/or the property becomes
unavailable for public use.
Article 35: Regulatory Requirements
A. Grantee will not enter into any contract, agreement, lease or similar arrangement, or
agree to any amendment or modification to an existing contract, agreement, lease or
similar arrangement, that in RPOSD’s opinion, violates federal regulations restricting
the use of funds from tax-exempt bonds. Any proposed operating contracts, leases,
concession contracts, management contracts or similar arrangements with non-
governmental entities that restrict the public use of the project site for (30) thirty
consecutive days or more, must be reviewed by RPOSD prior to awarding as they relate
to the project or project site in perpetuity. Any such contracts in existence must be
disclosed prior to construction.
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B. Grantee (or its representative) shall comply as lead agency with the California
Environmental Quality Act (CEQA), Public Resources Code, Section 21000, et. seq.
CEQA documents must be recorded with and stamped by the Los Angeles County
Registrar Recorder.
Grantee shall add RPOSD to the notification list for CEQA requirements as stated in the
GAM.
C. Grantee and RPOSD will conform to the requirements of Government Code Section
7920.000, et seq. in making all documents relating to this Agreement, the grant
obtained and all other related matters available for public review during regular
business hours. If an NTP involves acquisition of property, however, both RPOSD and
Grantee may withhold from public review any and all documents exempted under
Section 7928.705, prior to completion of said acquisition.
D. If RPOSD is required to defend an action on a Public Records Act request for any of the
contents of a Grantee’s submission under the terms and conditions of the Agreement,
Grantee agrees to defend and indemnify RPOSD from all costs and expenses, including
attorneys’ fees, in any action or liability arising under, or related to, the Public Records
Act.
E. In order to maintain the exclusion from gross income for federal income tax purposes
of the interest on any bonds, notes or other evidences of indebtedness issued for the
purpose of providing the grant monies made available in this Agreement, Grantee
covenants to comply with each applicable requirement of Section 103 and Sections 141
through 150, inclusive, of the Internal Revenue Code of 1986, as amended. In
furtherance of the foregoing covenant, Grantee hereby agrees that it will not, without
the prior written consent of RPOSD, (a) permit the use of any portion of the project(s)
by any private person or entity, other than on such terms as may apply to the public
generally; or (b) enter into any contract for the management or operation of the
project or any portion thereof, except with a governmental agency or a nonprofit
corporation that is exempt from federal income taxation pursuant to Section 501(c)(3)
of the Internal Revenue Code.
F. Grantee and each County lobbyist or County lobbying firm, as defined in Los Angeles
County Code Section 2.160.010, retained by the Grantee, shall fully comply with the
County Lobbyist Ordinance, Los Angeles County Code Chapter 2.160. Failure on the
part of Grantee or any County lobbyist or County lobbying firm to fully comply with the
County Lobbyist Ordinance shall constitute a material breach of this Agreement, upon
which RPOSD may terminate or suspend this Agreement.
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IN WITNESS WHEREOF, Grantee and RPOSD have caused this Agreement to be executed by
their duly authorized representatives as of the latter day, month and year written below.
GRANTEE:
By: ________________________________
Signature of Authorized Representative
Name: ______________________________
Title: _______________________________
Date: _______________________________
LOS ANGELES COUNTY REGIONAL PARK
AND OPEN SPACE DISTRICT:
By: ______________________________
Director / Administrator
Date: ____________________________
Agreement No. A64
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Date
Grantee Information
NOTICE TO PROCEED
REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD)
AGREEMENT NO. (ENTER NUMBER)
NTP NO. (ENTER NUMBER)
STUDY AREA NO. (ENTER NUMBER)
(ENTER NAME OF ANNUAL ALLOCATIONS PROJECT)
This Notice to Proceed (“NTP”), a subordinate agreement executed wholly within and
subject to the provisions of Agreement No. _________(Enter Number), dated (Enter Date)
("Agreement”), confirms approval of your Annual Allocations Project, as described in your
Work Plan dated (Enter Date), for the project described as (Enter Project) (“Project”).
1. Scope of Work
2. NTP Performance Period
This Project shall be completed by the NTP Performance Period (Enter Date).
3. Grant Amount
The total maximum amount RPOSD will reimburse Grantee for this Project is (Enter
Amount), including related reimbursable expenses as specified. Any items where
cost estimates exceed the approved budget, require prior written authorization from
RPOSD.
4. Reimbursement
a. Grantee must complete all required deliverables identified in the attached Work
Plan.
b. The total reimbursement from RPOSD for all deliverables may not exceed Grant
Amount, identified in the Grant Amount.
c. Ensure NTP NO. (Enter Number) appears on invoices submitted to RPOSD for
purposes of reimbursement.
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All terms of the Agreement which authorize this NTP, will remain in full force and effect. The
terms of the Agreement will govern and take precedence over any conflicting terms or
conditions in this NTP. This NTP must be in compliance with the terms and conditions of the
Agreement to be valid or binding.
At Grantee’s written request, this NTP may be amended subject to RPOSD’s sole discretion
and prior approval. Amendments are to be limited to modifications of the Performance
Period, Scope of Work, or Grant Amount.
APPROVED BY:
_______________________________
RPOSD Representative
Date: ____________________________
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RESOLUTION NO. 2025-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES, CALIFORNIA APPROVING
THE BLANKET AUTHORITY TO FILE APPLICATIONS FOR
GRANT FUNDS FROM THE LOS ANGELES COUNTY
REGIONAL PARK AND OPEN SPACE DISTRICT FOR
MEASURE A FUNDING FOR PROJECTS AND
PROGRAMS
WHEREAS, the voters of the County of Los Angeles on November 8, 2016,
approved the Safe, Clean Neighborhood Parks, Open Space Beaches, Rivers Protection,
and Water Conservation Measure (Measure A); and
WHEREAS, Measure A also designated the Los Angeles County Regional Park
and Open Space District (the District) to administer said funds; and
WHEREAS, the District has set forth the necessary policies and procedures
governing the application for grant funds under Measure A; and
WHEREAS, The District's policies and procedures require the governing body of
the City of Rancho Palos Verdes to approve of the filing of an application before
submission of said application to the District; and
WHEREAS, said application contains assurances that the City of Rancho Palos
Verdes must comply with; and
WHEREAS, the City of Rancho Palos Verdes will enter into Agreement(s) with the
District to provide funds for acquisition projects, development projects, and/or programs.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. Approves the blanket authority to file applications with the Los
Angeles County Regional Park and Open Space District for Measure A Funds for projects
or programs; and
SECTION 2. Certifies that the City of Rancho Palos Verdes understands the
assurances and will comply with the assurances in the application form; and
SECTION 3. Appoints the City Manager, or designee, to conduct all negotiations,
and to execute and submit all documents including, but not limited to, applications,
Resolution No. 2025-14
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agreements, amendments, deed restrictions, payment requests and so forth, which may 1 be necessary for the completion of projects or programs.
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PASSED, APPROVED and ADOPTED this 4th day of March, 2025.
Mayor
Attest:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, hereby certify
that the above Resolution No. 2025-14 was duly and regularly passed and adopted by
the said City Council at a regular meeting thereof held on March 4, 2025.
~-~aoka, City Clerk
Resolution No. 2025-14
Page 2 of 2
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