CC SR 20260317 02 - Ballot Measure Outreach
CITY COUNCIL MEETING DATE: 03/17/2026
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA TITLE:
Consider receiving the results of the Community Needs Survey and awarding a contract
to The Lew Edwards Group (LEG) for Ballot Measure Outreach and Strategic
Communications
RECOMMENDED COUNCIL ACTION:
1) Receive and file the results of the Community Needs Survey conducted in
February 2026 by Fairbank, Maslin, Maullin, Metz & Associates (FM3); and
2) Award a Contract Services Agreement (Agreement) to The Lew Edwards Group
(LEG) for Ballot Measure Outreach and Strategic Communications.
FISCAL IMPACT: There is no fiscal impact to receive and file the Community Needs
Survey results presented by FM3. Separately, the proposed scope
of work listed in the attached Agreement with LEG is estimated to
be $20,000 and represents a limited and economical approach to
ballot measure outreach and strategic communications that is
reliant on City staff to assist with outreach efforts. However, if it is
determined that the full-service option, as outlined in the Agreement
and Proposal (Attachments A and C) is required, given limited
resources, staffing or time, the City may opt in for $6,750/month for
a not-to-exceed $60,000 total for the Agreement. Sufficient funds
are available in the Fiscal Year (FY) 2025-26 General Fund Budget
under the City Manager’s Department, and no additional
appropriation is requested. VR
Amount Budgeted: $179,000
Additional Appropriation: None
Account Number(s): 101-400-1410-5101
(General Fund – City Manager - Professional/Tech Services) VR
ORIGINATED BY: Catherine Jun, Deputy City Manager CJ
REVIEWED BY: Same as below
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A) Unsigned Agreement with LEG (Page A-1) (Signed Agreement is forthcoming as
late communications)
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B) RFP for Ballot Measure Outreach and Strategic Communications (Page B-1)
C) Proposal from LEG (Page C-1)
BACKGROUND:
In June 2025, the City Council added a new City Council Goal to identify revenue
generating opportunities that will help maintain high quality City services, projects and
policies. The City Council also established a Fiscal Sustainability Subcommittee,
comprised of Councilmembers Bradley and Lewis, to provide Staff with feedback and
guidance throughout this process.
As part of this effort to identify revenue generating opportunities, the City hired consultant
Fairbank, Maslin, Maullin, Metz & Associates (FM3) to conduct 1 to 2 citywide, statistically
significant Community Needs Surveys this year. Such surveys are intended to gather
resident opinions across a broad cross-section of the City, regarding their satisfaction
with City operations and to identify the most critical areas for improvement, prioritization,
or further funding investment. The results would provide data to help direct limited
financial and staff resources towards the programs and services that matter most, and to
determine whether a potential revenue tax measure(s) could be supported and
considered by voters on a future general election along with community outreach. This
evening, the City Council will receive a report on the result s of the recent Community
Needs Survey, as well as to consider an Agreement with a communication firm on public
outreach.
DISCUSSION:
Community Needs Survey Results
Between February 4 and 12, 2026, FM3 conducted a dual-mode (telephone and online)
voter Community Needs Survey (Survey) of likely November 2026 voters in Rancho Palos
Verdes and received 412 responses. The margin of sampling error was +/-4.9% at the
95% confidence level and was administered through telephone calls and email/text
invitations to complete the Survey online. Residents who were contacted were given the
option to complete the Surveys in English, Chinese, and Korean.
Residents were asked a variety of questions, including their top issues or concerns that
should be prioritized for funding. Examples of such issues or concerns included, but were
not limited to, maintaining roads, preparing for and responding to natural disasters,
maintaining parks and trails, and landslide mitigation. The intent of the Survey was to
inform future policy decisions involving funding for high priority needs in the future. In
addition, the survey tested two hypothetical tax measures (increasing the Transient
Occupancy Tax from 10% to 13% and Golf Tax from 10% to 15%) for the November 2026
General Election ballot; those measures have the potential to generate tax revenue to
help fund these needs, if approved by 50% + 1 of Rancho Palos Verdes voters.
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Tonight, Richard Bernard, a partner at FM3, will present the results of this Survey to the
City Council and the public. Based on community input and City Council feedback,
afterwards, Staff will use the Survey results as part of a secondary phase to provide the
public with information about the Survey results, the City’s financial strengths and
challenges, and the potential ballot measures that the City Council could consider for the
November 2026 General Election.
Potential Ballot Measure Outreach and Strategic Communications
The City does not advocate for any particular outcome associated with the Survey results,
the City’s financial or operational condition, or potential ballot measures. However, the
City may provide information and educational materials to inform the public accordingly.
To assist with community outreach efforts, on February 17, 2026, the City issued a
Request for Proposals (RFP) for qualified consultants to provide comprehensive outreach
and communications services that are transparent, honest, and easily understood by the
community (Attachment B). Consultants must also be able to guide the process, timeline,
and procedure for getting any City Council-approved ballot measure(s) on the November
2026 General Election ballot and advise and assist the City in developing its information
efforts.
Staff received and reviewed 5 total proposals by the February 27, 2026 deadline and
interviewed the two highest ranked firms: LEG and Tripepi Smith. All proposers are listed
below from highest to lowest ranking:
RFP Proposers
1 The Lew Edwards Group (LEG)
2 Tripepi Smith & Associates
3 TeamCivX
4 CliffordMoss
5 Dorado Creative
The RFP Evaluation Panel consisted of the City Manager, Deputy City Manager, and the
Director of Finance, who evaluated each proposal and rated them in accordance with the
RFP rubric that assessed the following: proposer’s qualifications (25%), experience
working on similar projects (25%), approach to the RFP scope of work (25%), and cost
proposal (25%).
Based on the proposal, evaluation, and interviews, the Evaluation Panel recommends
awarding an Agreement to LEG, a California-based firm that has provided strategic
communications to local governments throughout the State (Attachment C). LEG is
currently in its 29th year and has extensive experience working with cities in Los Angeles
County, including Gardena, Hermosa Beach, Lomita, Long Beach, Redondo Beach,
Rolling Hills Estates, and Signal Hill and has a working knowledge of Rancho Palos
Verdes issues, its fiscal condition, and history related to ballot measures.
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LEG’s proposed Scope of Work is outlined in the attached Agreement (Attachment A)
and summarized below:
Task 1: Community Outreach on City’s Financial Strengths and Challenges
(Timeline is March 18–April 30, 2026; cost is $10,000)
• Review Community Needs Survey results, City demographics, finances, major
projects, and public information
• Review City’s Community Survey Results
• Create public education and outreach content on City’s financial
strengths/challenges.
• Develop talking points, frequently asked questions and answers, and
information fact sheets for City Staff to disseminate.
• Assist in the preparation of content for various platforms and informational
materials, including materials for public outreach meetings or workshops.
• Provide advice on distribution and provide message training/coaching to City
staff as needed.
Task 2: Ballot Measure Services and Municipal Election Communications Toolkit
(Anticipated timeline over a four-week period in June or July 2026; cost is $10,000)
• If the City chooses to move forward with the 1 to 2 potential ballot measures,
LEG would provide advice and added value to potential ballot components, staff
reports, recitals and ballot question recommendations for City Resolutions to
possibly adopt any ballot measures, and ballot materials, including measure
sequencing and letter designations.
• Create public education and outreach content.
• Provide input on any rapid response needs
The attached Agreement (Attachment A) with LEG is for a term of one year; however,
Staff anticipate the scope of work will be completed by November 2026, following the
conclusion and results of the General Elections. Furthermore, the Scope of Work
represents an economical service model of $20,000. However, should Staff require
additional services, given its limited time and resources, the Agreement provides the
flexibility to opt into the Full Scope model for a monthly retainer of $6,750. The monthly
retainer would generally continuing support services beyond the months listed in Task 1
(March-April 2026) and Task 2 (June or July 2026), as well as facilitating community
outreach meetings (i.e. town halls) and communication on various platforms.
To accommodate this potential change in Scope of Work, the Agreement compensation
is set at a not-to-exceed amount of $60,000 (which includes the $20,000 cost for Tasks
1 and 2 as described above). Sufficient funds are budgeted in the FY 2025-26 Adopted
Budget and no budget appropriation is requested at this time.
ADDITIONAL INFORMATION:
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FM3 has one remaining survey left in their Scope of Work. This survey is called a tracking
survey that is slightly shorter than the first survey (also known as a baseline survey). The
tracking survey reassesses resident opinion on the most salient survey results to affirm
whether their opinions hold steady or may have shifted in the last few months. In the
course of the ballot measure outreach and strategic communications work, should the
City and LEG believe that the tracking survey is needed, with City Council authorization,
the City will authorize FM3 to complete the Tracking Survey in June 2026. The cost is
not-to-exceed $25,000 and is already included in this fiscal year’s budget.
CONCLUSION:
City Council is requested to receive and file the results of the Survey, which was
conducted by FM3 on behalf of the City and to approve an Agreement with LEG for ballot
measure outreach and strategic communications services.
ALTERNATIVES:
In addition to Staff’s Recommendations, the following alternative actions are available for
the City Council’s consideration:
1) Do not receive and file the Survey results and request additional clarification , as
needed.
2) Do not approve the Agreement with LEG; consider requesting Staff to revisit the
results of the RFP and identify another qualified consultant to provide the
aforementioned services.
3) Discontinue pursuing potential ballot measures for the November 2026 General
Election and any related community outreach.
4) Take other action as deemed appropriate.
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CITY OF RANCHO PALOS VERDES
CONTRACT SERVICES AGREEMENT FOR
BALLOT MEASURE OUTREACH AND
STRATEGIC COMMUNICATIONS
THIS PROFESSIONAL SERVICES AGREEMENT (herein “Agreement”) is made and
entered into this 17th day of March 2026, by and between the CITY OF RANCHO PALOS
VERDES, a California municipal corporation (“City”) and THE LEW EDWARDS GROUP, a
California Corporation (herein “Consultant”).
NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all of the terms and conditions of
this Agreement, the Consultant shall perform the work or services set forth in the “Scope of
Services” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant
warrants that it has the experience and ability to perform all work and services required hereunder
and that it shall diligently perform such work and services in a professional and satisfactory
manner.
1.2 Compliance With Law. All work and services rendered hereunder shall
be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the
City and any Federal, State or local governmental agency of competent jurisdiction.
1.3 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 the Agreement.
1.4 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.
2. COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Consultant shall be compensated in accordance with the “Schedule of Compensation” attached
hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum
contract amount of Sixty Thousand Dollars ($60,000) (“Contract Sum”).
2.2 Invoices. Each month Consultant shall furnish to City an original invoice
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
provide a description of the services provided. 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, City will use its best efforts to cause Consultant to be paid within forty
five (45) 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 the City of any invoice provided by the Consultant shall not constitute a
waiver of any rights or remedies provided herein or any applicable law.
2.3 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 order is first given by the Contract
Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the
actual cost 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 ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Six
Thousand Dollars ($6,000) or in the time to perform of up to ninety (90) days may be approved by
the Contract Officer. Any greater increases, taken either separately or cumulatively , must be
approved by the City Council. No claim for an increase in the Contract Sum or time for
performance shall be valid unless the procedures established in this Section are followed.
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 but not exceeding thirty (30) 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 ten (10) 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
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any delay in the performance of 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 one (1) year from the date hereof, except as otherwise provided in the Schedule
of Performance (Exhibit “D”).
4. COORDINATION OF WORK
4.1 Representative of Consultant. Catherine Lew is hereby designated as
being the representative of Consultant authorized to act on its behalf with respect to the work and
services specified herein and make all decisions in connection therewith. All personnel of
Consultant and any authorized agents shall be under the exclusive direction of the representative
of Consultant. Consultant shall utilize only competent personnel 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, and shall keep City informed of any changes.
4.2 Contract Officer. The Deputy City Manager or designee is hereby
designated as being the representative the City authorized to act in its behalf with respect to the
work and services specified herein and to make all decisions in connection therewith (“Contract
Officer”).
4.3 Prohibition Against Subcontracting or Assignment. Consultant shall not
contract with any entity to perform in whole or in part the work or services required hereunder
without the express written approval of the City. Neither this Agreement nor any interest herein
may be assigned or transferred, voluntarily or by operation of law, without the prior written
approval of City. Any such prohibited assignment or transfer shall be void.
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. Consultant shall perform all
services required herein as an independent contractor of City 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 employ ees of City, or that it is a member of a joint
enterprise with City.
5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages. The Consultant shall procure and maintain, at its
sole cost and expense, in a form and content satisfactory to City, during the entire term of this
Agreement including any extension thereof, the following policies of insurance which shall cover
all elected and appointed officers, employees and agents of City:
(a) Commercial General Liability Insurance (Occurrence Form CG0001 or
equivalent). A policy of comprehensive general liability insurance written on a per occurrence
basis for bodily injury, personal injury and property damage. The policy of insurance shall be in
an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, either
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the general aggregate limit shall apply separately to this contract/location, or the general aggregate
limit shall be twice the occurrence limit.
(b) Worker’s Compensation Insurance. A policy of worker’s compensation
insurance in such amount as will fully comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or
damage arising from any injuries or occupational diseases occurring to any worker employed by
or any persons retained by the Consultant in the course of carrying out the work or services
contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and
endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance
written on a per occurrence for bodily injury and property damage in an amount not less than either
(i) bodily injury liability limits of $100,000 per person and $300,000 per occurrence and property
damage liability limits of $150,000 per occurrence or (ii) combined single limit liability of
$1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars, and any
other automobile.
(d) Professional Liability. Professional liability insurance appropriate to the
Consultant’s profession. This coverage may be written on a “claims made” basis, and must include
coverage for contractual liability. The professional liability insurance required by this Agreement
must be endorsed to be applicable to claims based upon, arising out of or related to services
performed under this Agreement. The insurance must be maintained for at least 5 consecutive
years following the completion of Consultant’s services or the termination of this Agreement.
During this additional 5-year period, Consultant shall annually and upon request of the City submit
written evidence of this continuous coverage.
(e) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit “B”.
(f) 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 be subject to all of the requirements stated
herein.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City,
its elected and appointed officers, employees and agents as additional insureds and any insurance
maintained by City or its officers, employees or agents may apply in excess of, and not contribute
with Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and
contribution it may have against the City, its officers, employees and agents and their respective
insurers. The insurance policy must specify that where the primary insured does not satisfy the
self-insured retention, any additional insured may satisfy the self-insured retention. All of said
policies of insurance shall provide that said insurance may not be amended or cancelled by the
insurer or any party hereto without providing thirty (30) days prior written notice by certified mail
return receipt requested to the City. In the event any of said policies of insurance are cancelled,
the Consultant shall, prior to the cancellation date, submit new evidence of insurance in
conformance with this Section 5.1 to the Contract Officer. No work or services under this
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Agreement shall commence until the Consultant has provided the City with Certificates of
Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the
above insurance coverages and said Certificates of Insurance or binders are approved by the City.
City reserves the right to inspect complete, certified copies of and endorsement to all required
insurance policies at any time. Any failure to comply with the reporting or other provisions of the
policies including breaches or warranties shall not affect coverage provided to City.
The insurance required by this Agreement shall be satisfactory only if issued by companies
qualified to do business in California, rated “A” or better in the most recent edition of Best Rating
Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category
Class VII or better, unless such requirements are waived by the City’s Risk Manager or other
designee of the City due to unique circumstances.
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, 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, except claims or liabilities occurring as a result of City’s sole
negligence or willful acts or omissions. The indemnity obligation shall be binding on successors
and assigns of Consultant and shall survive termination of this Agreement.
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 and shall keep such
records for a period of three years following completion of the services hereunder. 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.
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 or as
the Contract Officer shall require.
6.3 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
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information or work product to persons or entities other than the City without prior written
authorization from the Contract Officer.
(b) Consultant 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 the City notice of such court order
or subpoena.
(c) If Consultant provides any information or work product in violation of this
Agreement, then the 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 the City should Consultant 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 thereunder. The 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 the City and to provide the City with the
opportunity to review any response to discovery requests provided by Consultant.
6.4 Ownership of Documents. All studies, surveys, data, notes, computer
files, reports, records, drawings, specifications, maps, designs, photographs, documents and other
materials (the “documents and materials”) prepared by Consultant in the performance of this
Agreement shall be the property of the City and shall be delivered to the 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 the City of its full
rights of ownership use, reuse, or assignment of the documents and materials hereunder.
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.
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. 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 presumptively thirty (30) days, but
may be extended, if circumstances warrant. During the period of time that Consultant is in default,
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the City shall hold all invoices and shall, when the default is cured, proceed with payment on the
invoices. If Consultant does not cure the default, the City may take necessary steps to terminate
this Agreement under this Article.
7.3 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 any legal action under
this Agreement.
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.
7.4 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. In addition, the Consultant reserves the right to terminate this
Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except
that where termination is due to the fault of the City, the period of notice may be such shorter time
as the Consultant may determine. 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. Except where the Consultant has initiated termination, the 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. In the event
the Consultant has initiated termination, the Consultant shall be entitled to compensation only for
the reasonable value of the work product actually produced hereunder, but not exceeding the
compensation provided therefore in the Schedule of Compensation Exhibit “C”. In the event of
termination without cause pursuant to this Section, the terminating party need not provide the non-
terminating party with the opportunity to cure pursuant to Section 7.2.
7.5 Termination for Default of Consultant. If termination is due to the failure
of the Consultant to fulfill its obligations under this Agreement, 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 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.
8. MISCELLANEOUS
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8.1 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 ensure 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
8.2 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.
8.3 Notice. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party or any other person
shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of
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, 701 East Rancho Palos Verdes, Rancho Palos Verdes,
California 90745 and in the case of the Consultant, to the person(s) at the address designated on
the execution page of this Agreement. Either party may change its address by notifying the other
party of the change of address in writing. Notice shall be deemed communicated at the time
personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided
in this Section.
8.4 Integration; Amendment. 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. This Agreement may
be amended at any time by the mutual consent of the parties by an instrument in writing.
8.5 Severability. In the event that part of this Agreement shall be declared
invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such
invalidity or unenforceability shall not affect any of the remaining portions of this Agreement
which are hereby declared as severable and shall be interpreted to carry out the intent of the parties
hereunder unless the invalid provision is so material that its invalidity deprives either party of the
basic benefit of their bargain or renders this Agreement meaningless.
8.6 Waiver. No delay or omission in the exercise of any right or remedy by
non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
A party’s consent to or approval of any act by the other party requiring the party’s consent or
approval shall not be deemed to waive or render unnecessary the other party’s consent to or
approval of any subsequent act. Any waiver by either party of any default must be in writing and
shall not be a waiver of any other default concerning the same or any other provision of this
Agreement.
8.7 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 any be
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granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not
the matter proceeds to judgment.
8.8 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
8.9 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.
8.10 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 _______
8.11 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) the 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 the 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:
THE LEW EDWARDS GROUP, a
California Corporation
By:
Name: Catherine Lew
Title: President
Address: 5454 Broadway
Oakland, CA 94618
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EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following services:
Task 1: Pre-Placement Community Outreach on City’s Financial Strengths and Challenges
(anticipated to be March 18th – April 30th)
• Review demographics and public information pertaining to the City. Review
information pertaining to LEG’s Best Practices in similar projects or communities.
• Review City’s Public Opinion Research.
• Conduct project kickoff with City staff to discuss the project scope and goals; conduct
a total of 2 or 3 meetings under this task.
• Assess City’s existing communications practices for informational opportunities.
• Create public education and outreach content on City’s financial strengths/challenges.
• Develop talking points, frequently asked questions and answers, and information fact
sheets.
• Assist in the preparation of content for various platforms and informational materials,
including materials for public outreach meetings or workshops.
• Provide advice on distribution and provide message training/coaching to City staff as
needed.
• Graphic design will be an optional service
All materials will be finalized following one round of edits by City. Legal advice or
services is expressly not within Consultant’s Scope of Work.
Task 2: Ballot Measure Services and Municipal Election Communications Toolkit
(anticipated to be over a four week period in either June or July)
• Conduct 1-2 Project session meetings under this task
• Provide post-Primary context following June Primary and other dynamics affecting
project, such as changes in USPS regulations affecting balloting
• Provide advice and added value to potential ballot components such as AB1416
consideration/s, staff report/s, recitals and ballot question recommendations for city
resolution/s, and ballot material/s, including measure sequencing and letter
designations
• Provide updated content copy for Municipal Election informational materials
pertaining to the measure/s
• Create public education and outreach content for as many as two ballot measures
• Provide input on any rapid response needs (Consultant does not function as a paid
spokesperson)
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• Graphic design will be an optional service
All materials will be finalized following one round of edits by City. Legal advice or
services is expressly not within Consultant’s Scope of Work. NO advocacy services will
be provided as part of any City scope of services.
Alternatively, Consultant is available to provide a full scope of services at its standard rate
of Six Thousand, seven hundred and fifty Dollars ($6,750) per month upon the mutual
agreement of the parties, consistent with Consultant’s stated commitment to working
collaboratively with City to ensure project needs are being met while also considering
evolving needs and cost efficiency. The monthly retainer would generally continue support
services beyond the months listed in Task 1 (March-April 2026) and Task 2 (June or July
2026).
II. As part of the Services, Consultant will prepare and deliver the following tangible work
products to the City:
a) For each task, develop a Communications Suite of informational materials (such as
website copy, letter or mailing text, FAQs, talking points and other collaterals as
needed).
b) Participate in up to three planning sessions per task with City Staff to review and/or
update recommended messaging materials.
c) Make one round of revisions to messaging/communications materials and transmit
them to City.
d) Provide strategic advice.
III. 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 provided that it is within 1-2 rounds of edits.
IV. Consultant will utilize the following personnel to accomplish the Services:
a) Catherine Lew, President/Founder
b) Jennifer Rindahl, Consultant
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
[THIS PAGE INTENTIONALLY LEFT BLANK]
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the following rates:
a) Ten Thousand Dollars ($10,000) for completion of Task 1 upon invoice by Consultant
b) Ten Thousand Dollars $10,000 for completion of Task 2 upon invoice by Consultant
c) Should graphic design services be desired, mail designs shall be at the flat rate of six
hundred dollars ($600) per mail design. City will print/mail/implement paid social or
digital at its own expense.
Alternatively, LEG is available to provide a full scope of services at the standard rate of
Six Thousand, seven hundred and fifty Dollars ($6,750) per month.
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 2.3.
III. The City will compensate Consultant for the Services performed upon submission of a
valid invoice in accordance with this Schedule of Compensation.
IV. The total compensation for the Services shall not exceed $60,000, as provided in Section
2.1 of this Agreement.
V. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
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CITY OF RANCHO PALOS VERDES
REQUEST FOR PROPOSALS:
B ALLO T MEASURE OUTREACH AND
STRATEGIC COMMUNICATIONS
RFP Release Date:
Tuesday, February 17, 2026
Deadline for Written Questions:
Monday, February 23, 2026 by 4:00pm (PST)
RFP Submittal Deadline:
Friday, February 27, 2026 by 4:00pm (PST)
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1. PURPOSE OF THE RFP
The City of Rancho Palos Verdes is seeking proposals from qualified Consultants to provide
professional services for public outreach and strategic communications related to 1-2 potential
ballot measures for the November 2026 General Election. Services are expected to begin in
March 2026 and continue through November 2026, with the option to extend as needed. To be
considered for this RFP, proposals must be submitted via the PlanetBids portal by no later
than 4:00 p.m., Pacific Standard Time (PST) on Friday, February 27, 2026.
2. CITY OVERVIEW
The City of Rancho Palos Verdes, California was incorporated in 1973 and is the largest of four
cities on the Palos Verdes Peninsula in Los Angeles County. Rancho Palos Verdes is a semi-rural
community that is home to approximately 42,000 civic-minded residents and a diverse array
of community organizations, businesses, and stakeholders who actively engage with City
government. This robust engagement remains a top priority for the City Council and plays a vital
role in advancing its vision of Rancho Palos Verdes as a premier coastal community defined by
the health of its people, infrastructure, environment, finances, and government.
Rancho Palos Verdes is a general law and contract city. The City operates under a Council-
Manager form of government with a five-member City Council elected at large and includes 150
full-time and part-time employees across five departments: Administration, Community
Development, Finance, Public Works, and Recreation and Parks. In addition, public
safety services are provided by the Los Angeles County Sheriff’s Department and Fire
Department. Collectively, these efforts support the City’s ongoing commitment to excellence
in the community’s quality of life.
3. SCOPE OF WORK
The City conducted a statistically significant survey in February 2026, randomly asking 412
residents about their highest community needs and priorities. The intent of the survey was to
inform future policy decisions and ensure that the City’s limited resources are directed to those
needs and priorities in the future. In addition, the survey tested two hypothetical ballot
measures that may generate revenue to help fund these needs, if approved by 50% + 1 of
Rancho Palos Verdes residents at a future election.
The City does not advocate for any particular outcome associated with any of the ballot
measures. However, the City may provide information and educational materials to inform the
voting public regarding the survey results, the City’s financial and operational condition, and the
potential ballot measures to guide the City’s next steps. The City is seeking proposals from firms
that can outline the process, timeline, and procedure for getting the measure(s) on the
November 2026 ballot and can advise and assist the City in developing its information efforts.
Residents must also be educated on the funding levels needed to sustain City services and fund
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critical infrastructure projects. It is important for the City to create a comprehensive and
consistent message that is transparent, honest, and easily understood by residents and the
business community. The Consultant will meet with City staff for a kick-off meeting to discuss
the project process. Regular meetings will be held with staff to discuss issues, concerns, and
recommendations during each of the Tasks identified below. The Consultant must provide
regular updates on project milestones.
The City anticipates awarding a contract depending on scope, approach, experience and
value demonstrated. The City reserves the right to adjust scope to align with available
funding. As such, Consultants should identify the minimum scope necessary to achieve
meaningful results. To facilitate, please break down proposed costs for each Task below
and if possible, provide individual costs for each activity being proposed under each Task.
This will allow the City to identify an outreach program that fits its needs and available
budget.
Task 1: Community Outreach and Technical Services
Consultant shall provide the necessary community outreach and technical services for ballot
measure awareness and understanding, including but not limited to the following:
1. Meet with City staff to discuss the project scope, purpose, uses and goals to ensure that
the proposal will be appropriate to the needs of the City.
2. Create a public education and outreach efforts regarding the City’s financial strengths
and anticipated challenges.
3. Create a public education and outreach efforts regarding the 1-2 potential ballot tax
measures.
4. Craft appropriate informational and educational materials and provide advice on
distribution methods to reach target audiences.
5. Develop talking points, frequently asked questions and answers, and information fact
sheets.
6. Assist in the preparation of PowerPoint presentations, articles, website content, social
media content, printed content, and other informational materials using the information
under item 5 above, for the targeted outreach.
7. Conduct public outreach meetings and community workshops for residents, businesses,
and other stakeholders.
8. Present an update to City Councilmembers at critical stages of the scope of work.
Task 2: Ballot Services
1. Provide advice and added-value to potential ballot components such as staff reports, city
resolutions, and ballot materials.
1. CONTENTS OF PROPOSAL
The following should be submitted with your Proposal.
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a) Transmittal Letter: This letter will summarize (in a brief and concise manner) the
Consultant’s understanding of the scope of work. The transmittal letter must be signed by
an officer of the Consultant authorized to do so. Also include contact information for: (1)
the person responsible for answering questions regarding this Proposal, (2) the person
responsible for contract negotiation, and (3) the signer.
b) Firm Qualifications: An overview of qualifications for the firm, which should include the
type of organization, size, professional registration, and affiliations of the company.
Include any relevant project experience that includes project name, scope of work,
duration, and applicability to this RFP. All relevant project experience should fall within
the Scope of Work.
• Include resumes/bios and backgrounds of the project manager and principal staff
who will be working directly and regularly on this project as well as their roles.
c) Technical Approach and Work Plan / Methodology: Detailed work plan with specific task
descriptions, timeline, and deliverables to demonstrate that the proposer has considered
all aspects of the project. The work plan must identify the main elements of the project,
anticipated completion dates, and expected outcomes per each element. Please include
assumptions or disclaimers as needed.
d) References: At a minimum, provide contact information for three (3) references, at least
two (2) of which are municipal or governmental agencies; including the name, contact
person’s name, title, address, telephone number, and email address. For each reference,
provide a summary overview of Project including budget, scope of work, and timelines.
e) Cost Proposal: Consultants should identify the minimum scope necessary to achieve
meaningful results. To facilitate, please break down proposed costs for each Task under
the Scope of Work and if possible, provide individual costs for each activity being
proposed under each Task. A fee structure for the services to be providedThe total price
to be proposed is to contain all direct and indirect costs including all out-of-pocket
expenses.
2. SCHEDULE FOR SELECTION AND AWARD
All dates shown are tentative and subject to change. The City will make every effort to adhere to
the dates shown below. Advance notice of any changes to the schedule will be given to any
Consultant that has submitted a response to this RFP by the deadline.
Provided below is the anticipated timeline to be followed for this RFP process:
1. Release of RFP………………….………………………………………………………….February 17, 2026
2. Written Questions Due Date…………………………………………February 23, 2026 by 4pm (PST)
3. City Responses to Written Questions Due Date………………February 24, 2026 by 4pm (PST)
4. RFP Due Date……………………………………………………………..February 27, 2026 by 4pm (PST)
5. City Council Meeting Award……………………………………………………………… March 17, 2026
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From the date that this RFP is issued until a firm is selected and the selection is announced,
firms are not allowed to communicate for any reason with any City employee, representative, or
officer other than the contracting officer listed below in this RFP. The City reserves the right to
reject any proposal for violation of this provision. No questions other than written will be
accepted, and no response other than written will be binding upon the City.
City of Rancho Palos Verdes
Attention: Catherine Jun, Deputy City Manager
30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275
Phone: (310) 544-5203 | Email: cjun@rpvca.gov
6. EVALUATION CRITERIA
The City will coordinate a review and evaluation of all responses received by the City in response
to this RFP. As part of the assessment process, the City will place particular emphasis on the
qualifications/experience of the firm; the ability for the firm to undertake the management of the
RFP scope of work; each firm’s understanding and proposed approach to the project; and cost
and references.
The following specific criteria will be used in the evaluation process:
a. Technical Approach and Work Plan / Methodology / Understanding of Project (25 points)
b. Qualifications and experiences of the firm and key individuals/subcontractors including
but not limited to demonstrated ability to perform high quality work, control costs, and
meet schedules and recent experiences in conducting similar scope, complexity, and
magnitude of services provided to other public agencies (25 points)
c. Relevant work experience and references (25 points)
d. Cost Proposal (25 points)
The City reserves the right to reject any or all proposals. In addition to reserving its right to
negotiate an agreement, the City reserves its right to negotiate fees for services not anticipated by
the proposer in its retainer prior to authorizing commencement of such work. Should the hours
projected to be worked exceed the number of hours specified as part of the proposer’s retainer,
the City reserves its right to negotiate an adjustment in fees to compensate the selected
consultant.
7. SELECTED CONSULTANT
After assessing all of the responses received, the most qualified respondents may be invited to
participate in an interview with City staff. Following that interview process, the City will identify a
selected firm to partner with on this project. The selected firm will be asked to enter into a
Professional Service Agreement (PSA) with the City. A sample PSA is available in Attachment A.
8. SPECIAL CONDITIONS
The following terms and conditions apply to this RFP:
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1. All responses shall become the property of the City.
2. Due care and diligence has been exercised in the preparation of this RFP and all information
contained herein is believed to be substantially correct. However, the responsibility for
determining the full extent of the services rests solely with those making responses. Neither
the City nor its representatives shall be responsible for any error or omission in this response,
nor for the failure on the part of the respondents to determine the full extent of their
exposures.
3. The City reserves the right to select firms from the responses received; to waive any or all
informalities and / or irregularities; to re-advertise with either an identical or revised scope, or to
cancel any requirement in its entirety; or to reject any or all responses received.
4. A response to this RFP does not constitute a formal bid, therefore, the City retains the right to
contact any / all proposing firms after submittal in order to obtain supplemental information
and/or clarification in either oral or written form. Furthermore, an explicit provision of this RFP
is that any oral communication made is not binding on the City’s response process.
5. Insurance Requirements Acknowledgement:
Proposer must acknowledge that, upon awarding of the contract, they/their organization will
be able to provide sufficient insurance documents which is described in Attachment A..
6. The City will not be liable for, nor pay for any costs incurred by responding firms relating to the
preparation of any response for this RFP.
7. City may disqualify a Proposer if:
• References fail to substantiate Proposer’s description of services and deliverables
provided.
• References fail to support that Proposer has a continuing pattern of providing
capable, productive, and skilled personnel.
• City is unable to reach the point of contact with reasonable effort. It is the Proposer’s
responsibility to inform the point of contact(s) of normal City working hours.
• Proposer(s) contacts any other City staff or elected officials with questions or
comments related to this RFP, or any other regard.
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ATTACHMENT A
Sample Professional Services Agreement
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01203.0001/835260.1 1
PROFESSIONAL SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
__________________________________
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AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
_______________________________
THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is made and
entered into on _________________, 2025 by and between the CITY OF RANCHO PALOS
VERDES, a California municipal corporation (“City”) and __________________, a [form of
company] (“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 $____________ (______________ 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
______________, 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:
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, Consultant shall utilize
only the personnel included in the Proposal to perform services pursuant to this Agreement.
Consultant shall make every reasonable effort to maintain the stability and continuity of
Consultant’s staff and subcontractors, if any, assigned to perform the services required under this
Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors,
if any, assigned to perform the services required under this Agreement, prior to and during any
such performance. City shall have the right to approve or reject any proposed replacement
personnel, which approval shall not be unreasonably withheld.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or
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any of Consultant’s officers, employees, or agents are in any manner officials, officers,
employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or
agents, shall obtain any rights to retirement, health care or any other benefits which may
otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may
have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be [NAME], [TITLE], or such person as may be designated by
the Director of ____________. 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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01203.0001/835260.1 16
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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01203.0001/835260.1 17
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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01203.0001/835260.1 18
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.
B-26
01203.0001/835260.1 19
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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01203.0001/835260.1 20
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. No amendment to or modification
of this Agreement shall be valid unless made in writing and approved by the Consultant and by
the City Council. The parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contained in this Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall
not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invalid provision is so material that its invalidity deprives
either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in
this Agreement, nor shall any official, officer, or employee of City participate in any decision
relating to this Agreement which may affect his/her financial interest or the financial interest of
any corporation, partnership, or association in which (s)he is directly or indirectly interested, or
in violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
“financial interest” shall be consistent with State law and shall not include interests found to be
“remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant
warrants and represents that it has not paid or given, and will not pay or give, to any third party
including, but not limited to, any City official, officer, or employee, any money, consideration,
or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s),
omission(s), or other conduct or collusion that would result in the payment of any money,
consideration, or other thing of value to any third party including, but not limited to, any City
official, officer, or employee, as a result of consequence of obtaining or being awarded any
agreement. Consultant is aware of and understands that any such act(s), omission(s) or other
conduct resulting in such payment of money, consideration, or other thing of value will render
this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
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01203.0001/835260.1 21
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
B-29
01203.0001/835260.1 22
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
Paul Seo, Mayor
ATTEST:
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William Wynder, City Attorney
CONSULTANT:
____________________________________
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Consultant is a corporation, with one signature required
from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2)
Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.
B-30
01203.0001/835260.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2023 before me, ________________, personally appeared ________________, proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
B-31
01203.0001/835260.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2023 before me, ________________, personally appeared ________________, proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
B-32
01203.0001/835260.1 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services:
A. [COPY AND PASTE FROM PROPOSAL, OR INSERT SCOPE OF WORK
PAGES]
II. As part of the Services, Consultant will prepare and deliver the following tangible work
products to the City:
A.
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:
A.
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.
B-33
01203.0001/835260.1 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text indicated in bold italics, deleted text indicated in strikethrough.
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01203.0001/835260.1 C-1
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.
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.
V. The Consultant’s billing rates for all personnel are attached as Exhibit C-1.
B-35
01203.0001/835260.1 D-1
EXHIBIT “D
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following
schedule:
______________ ______________
______________ ______________
Task C ______________ ______________
II. Consultant shall deliver the following tangible work products to the City by the
following dates.
A.
B.
C.
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.
B-36
Proposal to Provide
Ballot Measure Outreach and
Strategic Communications
to the City of Rancho Palos Verdes
February 26, 2026
C-1
Page 1
A. Transmittal Letter
Ms. Catherine Jun, Deputy City Manager
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Dear Deputy City Manager Jun:
The Lew Edwards Group (LE G) is delighted to submit this proposal to the City of Rancho Palos
Verdes (RPV) to provide professional services for ballot measure outreach and strategic Munic ipal
Election communications. As a California leader in enacting funding measures for local government,
the following is what a collaboration with LEG provides RPV:
✓ A nationally recognized, award -winning firm specializing in public agency engagement and
communications that has represented over 300 public entities, including success with dual
placement measures;
✓ A firm that has enacted nearly $50 Billion with a 95% success rate for local governments and
other public entities, including $29.67 Billion in Los Angeles County alone, and winning 84
of 88 attempted measures and clients in 2024; and
✓ A firm with extensive experience in LA County – our clients include the cities of Alhambra,
Arcadia, Artesia, Azusa, Baldwin Park, Bell, Bellflower, Beverly Hills, Diamond Bar, Downey,
Gardena, Hermosa Beach, Inglewood, La Canada Flintridge, La Mirada, Lakewood, Lawndale,
Lomita, Long Beach, Norwalk, Manhattan Beach, Paramount, Pasadena, Pico Rivera, Redondo
Beach, Rolling Hills Estates, San Gabriel, Santa Fe Springs, Sierra Madre, Signal Hill, South
Gate, Santa Monica, South Pasadena, Temple City, Torrance, and West Hollywood, among
many others in the County.
Please feel free to contact me directly to respond to questions, finalize terms, or contracting needs.
Warmly,
Co-Founder & Principal Consultant
catherine@lewedwardsgroup.com /510-594-0224 x 261
cc: info@lewedwardsgroup.com
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Page 2
B. FIRM QUALIFICATIONS
About The Lew Edwards Group
The Lew Edwards Group (LEG) is a California leader in providing strategic communications, long-
term planning, and revenue generation services to local governments throughout California. Co-
founded by Catherine Lew and the late Lloyd Edwards, the firm is a California corporation
celebrating its 29th year as a company. Local government or public agency representation constitutes
more than two-thirds of LEG’s practice.
LEG functions as a Lead Consultant to our client cities/towns. Experts from LEG are frequently
sought after trainers and speakers for the League of California Cities, California Municipal
Treasurers Association, California Society of Municipal Finance Officers, Local Government
Commission, Institute for Local Governments, Municipal Management Association, California
Police Chiefs Association, and others. LEG’s amazing eight-member team’s direct mail products
have been recognized on multiple occasions in the prestigious nati onal Pollie Awards.
Current national policy proposals related to tariffs and economic issues have created nervousness
amongst voters on the cost of groceries, rising cost of living, and fears of recession or economic
depression. LEG has enjoyed its strongest enactment rates during crisis years, including the global
Enron collapse, the Great Recession of 2008, 9/11 and COVID lockdown/economic ripple effects.
Los Angeles County Experience
✓ City of Alhambra ENACTED General Purpose Tax and 2026 client
✓ Arcadia Unified School District ENACTED Bond Measures (2)
✓ City of Arcadia ENACTED General Purpose Tax
✓ City of Artesia ENACTED General Purpose Tax
✓ City of Azusa ENACTED General Purpose Taxes (2)
✓ City of Baldwin Park 2025 Client
✓ City of Bell 2026 Client
✓ City of Bellflower ENACTED General Purpose Tax
✓ City of Beverly Hills Advisory Services
✓ Centinela Valley UHSD ENACTED Tax Measure
✓ Cerritos College ENACTED Bond Measure
✓ Citrus College ENACTED Bond Measure
✓ City of Downey ENACTED General Purpose Tax
✓ El Camino College ENACTED Bond Measures (2), 2026 client
✓ El Monte Union High School District ENACTED Bond Measure
✓ Compton CCD ENACTED Bond Measures (2)
✓ City of Covina Ballot Measure Services
✓ City of Diamond Bar Advisory Services
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Page 3
✓ City of Gardena ENACTED General Purpose Tax
✓ Gateway Cities Council of Government Public Information Services
✓ City of Hermosa Beach ENACTED TOT, Cannabis & UUT Measures
✓ City of Inglewood ENACTED General Purpose Tax
✓ City of La Canada Flintridge ENACTED General Purpose Tax
✓ City of La Mirada ENACTED General Purpose Tax
✓ City of Lakewood ENACTED General Purpose Tax
✓ City of Lawndale ENACTED General Purpose Tax
✓ Little Lake City School District Enacted Bond Measure and 2026 Client
✓ City of Lomita 2026 Client
✓ City of Long Beach Advisory Services
✓ Long Beach Unified SD ENACTED Bond Measures (2)
✓ Long Beach City College ENACTED Bond Measure
✓ Los Angeles County Parks/Rec Advisory Services
✓ Los Angeles Unified SD ENACTED Bond Measures (3)
✓ Los Nietos School District ENACTED Bond Measures (2)
✓ Lynwood Unified SD ENACTED Bond Measure
✓ City of Lynwood Advisory Services
✓ City of Manhattan Beach ENACTED TOT
✓ Mt. SAC Community CD ENACTED Bond Measures (2)
✓ City of Norwalk ENACTED 218 and UUT Measures
✓ Norwalk-La Mirada USD ENACTED Bond Measures (2)
✓ City of Paramount ENACTED UUT
✓ Paramount Unified SD ENACTED Bond Measures (2)
✓ City of Pasadena ENACTED General Purpose Tax
✓ Pasadena City College Advisory Services
✓ City of Pico Rivera ENACTED 218 Measure
✓ City of Redondo Beach ENACTED UUT
✓ City of Rolling Hills Estates ENACTED BLT
✓ City of San Gabriel 2026 Client
✓ City of Santa Fe Springs ENACTED UUT and Oil Tax Measures
✓ City of Santa Monica ENACTED UUT
✓ Santa Monica-Malibu USD ENACTED Bond Measure
✓ City of Sierra Madre 2026 Client
✓ City of Signal Hill ENACTED General Purpose Tax
✓ City of South Gate ENACTED General Purpose Tax
✓ City of South Pasadena ENACTED UUT
✓ City of Temple City ENACTED Ballot Measures
✓ Temple City Unified SD ENACTED Bond Measure
✓ City of Torrance ENACTED UUT
✓ City of West Hollywood ENACTED General Purpose Taxes (2)
C-4
Page 4
AB 1416 was enacted in 2024, requiring opponents and supporters of measures to be listed as part of
the official ballot label. While counties can opt out of this new law, LAC did not -- requiring careful
handling of this new requirement as part of your strategy, including a broad coalition that includes
local small business owners, firefighters, deputy sheriffs, and parks/recreation leaders.
Experience with Dual Placement Measures
LEG has extensive experience and success with enacting dual or simultaneous multi -measure
placements. In those instances where LEG enters at the inception of a project, we assess what order
the measures should appear on the ballot for a successful strategy:
Alhambra USD 2 simultaneous bond measures
City of East Palo Alto 3 simultaneous measures
City of Elk Grove 9 simultaneous measures
City of Emeryville 2 simultaneous measures
Folsom Cordova USD 2 simultaneous bond measures
City of Fort Bragg 2 simultaneous measures
City of Hermosa Beach 4 simultaneous measures
Humboldt County 2 simultaneous measures
Los Nietos School District 2 simultaneous bond measures
City of Oxnard 4 simultaneous measures
Peralta Colleges simultaneous bond and parcel tax measures
City of San Leandro 3 simultaneous measures
City of Sausalito two elections with 2 simultaneous measures
City of Seal Beach 2 simultaneous measures
City of Seaside 2 simultaneous measures
South Monterey County UHSD 2 simultaneous bond measures
Trinity County 2 simultaneous measures
Victor Valley UHSD 2 simultaneous bond measures
(partial list)
LEG’s recent cycle sheets are in the Appendix of this document. LEG closed 2024 with 84 enactments
and wins (of 88 taken to the ballot). For a comprehensive list of clients, visit
www.lewedwardsgroup.com.
Assigned Project Specialists
If chosen as your consulting partner, RPV would be assured of service from highly experienced
specialists from our team.
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Catherine Lew, Esq., Co-Founder & Principal – Senior Strategist
Co-Founder and Principal Consultant Catherine Lew is a premier consultant
in California providing communications services and revenue generation
services to local governments and other public entities.
Catherine has more than 30 years of experience in the communications and
political arena. Known as “The Closer,” she is a veteran of over 900
communications campaigns or ballot measure preparation projects ,
specializing in difficult to pass bond and tax measures. Catherine was the Lead Consultant in
quarterbacking nearly $15 Billion in bonds for the Los Angeles Unified School District and has led
successful communications and/or ballot measure projects for cities of diverse sizes and
demographics such as the cities of Arcadia, Beverly Hills, Long Beach, Manhattan Beach, Pasadena,
Rolling Hills Estates, and Santa Monica.
A graduate of the University of California, Berkeley and the University of San Francisco School of
Law, Catherine is a member of the California State Bar, ensuring effective collaborations with LEG
client city attorneys.
In 2018, Catherine was named a California Influencer by the McClatchy News Service and provided
ongoing commentary on innovative policy and political issues for the Sacramento Bee from 2018 and
2019.
Jennifer Rindahl, Account/Project Manager
Jennifer Rindahl has led strategic planning, communications programs, and successful political
campaigns over the past 23 years for a number of Lew Edwards Group’s clients that include the cities
of Bellflower and Lakewood and Los Angeles Unified School
District, Long Beach Unified School District, and Mt. San Antonio
Community College District, among many others.
In the 2024 cycle, she also supported a successful dual bond
measure strategy for Victor Valley Union High School District,
among other measures.
Known as a top specialist in coalition-building and community
organizing, Jennifer also has special expertise in innovative online-
based communications strategy and e-based organizing,
fundraising, and outreach efforts derived from her years as Director of a Southern-California based
internet company. Jennifer attended the Medill School of Journalism and graduated from
Northwestern University. She is a native of Lakewood here in Los Angeles County.
C. TECHNICAL APPROACH AND WORKPLAN
LEG services can be summarized as follows:
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1. Review City Background/Provide Project Support
2. Develop Community Outreach, Engagement and Communications
3. Assist with Ballot Measure Development
Project Preparation/Project Support
Prior to any project kickoff meeting, LEG typically performs a full audit of items in the public arena
related to RPV, including policy and budget information, City Council deliberations, coverage in
local media or blog posts, and of course any information the City can provide, including the recent
polling results.
If retained as the City’s partner, LEG will provide a supportive, team-building approach towards the
timely deployment of key project activities. LEG approaches its partnerships with personal
dedication, enthusiasm, and a commitment to excellent service, recognizing that our ultimate
consumer is not only RPV, but most importantly, the constituents the City represents.
Develop Community Outreach, Engagement and Communications
The City has identified the following scope needs:
1. Meet with City staff to discuss the project scope, purpose, uses, and goals.
2. Create public education and outreach efforts financial strengths/challenges.
3. Create public education and outreach efforts for as many as two ballot measures.
4. Craft appropriate informational and educational materials and provide advice on distribution.
5. Develop talking points, frequently asked questions and answers, and information fact sheets.
6. Assist in the preparation of content for various platforms and informational materials.
7. Support public outreach meetings and community workshops.
8. Update City Councilmembers at critical stages of the scope of work.
Following a comprehensive review of the City’s polling, LEG will develop Strategic
Recommendations. LEG will assist the City in developing copy for appropriate engagement and
communications materials to deliver and saturate your informational message, including guest
columns/articles, copy for links on the City website, a Power Point Presentation for informational
(online) Speakers’ Bureau, Stakeholder, Key Influential and community presentations. LEG will
provide first drafts of selected materials for review and approval by the City.
Project Communication Goals
1. Develop messages that effectively inform, engage, and respond to the public’s questions
2. Provide structure and effective communications outreach content to educate the public
about the needs and the City services at stake
3. Recommend an earned (non-paid) media press strategy to highlight pertinent information
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4. Use all other available vehicles, including direct mail and social and digital media/Internet-
based communications platforms to inform and engage the public
Development of Informational Messages
Our project collaboration will have the goal of informing the public and raising awareness of the
City’s fiscal sustainability needs. “Message discipline” and a clear, concise focus are critical to our
informational effort. LEG will draft and refine talking points for City staff use. It is essential that the
community be engaged, creating two-way and collaborative dialogue with your public.
Direct Mail/Social Media/Digital Media
LEG recommends a communications approach that will allow the City to raise awareness of city
needs beyond already-active stakeholders and key influentials, to a broader public. LEG will draft
text copy and provide samples for the City’s staff and vendors to design/print/mail for any materials
specifically related to this project. Doing so is often less expensive for our clients and supports any
existing local vendor relationships our clients have.
In consultation with City staff, LEG will also draft and/or refine informational handouts, press
releases and website copy, with appropriate materials (charts, graphs, visual aids, etc.) to
communicate messages and information. In addition, LEG will draft, review and/or refine supporting
fact sheets, flyers, and other communications. Other communications vehicles include your City
website, social media (such as Facebook, Twitter, Instagram, and other platforms) and a Speakers’
Bureau program.
LEG assists in drafting information or adding value for social media as part of our multi-disciplinary
public outreach effort and advises our municipal clients on how to navigate independent or third-
party sites such as blogs or Nextdoor.
LEG clients augment or expand their digital media reach and communications considering today’s
multi-faceted communications, which can be discussed further if we launch a collaboration.
Press or Online Blog Coverage
LEG will review earned (non-paid) media press opportunities with City staff. Balanced press
coverage will build additional constituent engagement throughout the process, which is critical to
engaging community stakeholders and informing your public about your needs. While LEG does not
function as a spokesperson, we can support the City’s communications efforts by developing
additional collaterals such as project-related press releases, media backgrounders, talking points and
rapid response needs, as necessary.
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Ballot Services
Consistent with the City’s desired scoping, LEG will collaborate with the City Attorney and City staff
to provide advice and added-value to potential ballot components such as staff reports, city
resolutions, and ballot materials so that they are understandable to the average RPV resident. Even in
highly educated and sophisticated communities like RPV, LEG continues to find that addressing
specific documents such as the measure ordinance/s, ballot question/s, city resolution/s, AB1416
considerations, and staff report/s to ensure that all voter handbook and related materials are
understandable to your average resident -- not just lawyers – is critical.
This is particularly important as LEG counsels utilizing these official documents as the basis for any
Municipal Election materials or mailings that include citation of the measure/s as the most
appropriate and permissible manner for disseminating information.
Sample Full Scope Thumbnail Timeline
Below and on the following page is a sample thumbnail timeline for those clients for whom LEG is
providing a full scope of services.
CITY OF RANCHO PALOS VERDES
SAMPLE 11/26 FULL SCOPE PROJECT SCHEDULE As of 2/27/26
MARCH LAUNCH PROJECT, PREPARE FOR COMMUNITY ENGAGEMENT
❑ Conduct public audit of City demographics, budget/policy
information, and media coverage
❑ Review City’s community survey results
❑ Formalize LEG onboarding (City)
❑ Convene All-Hands Kick Off Planning Meeting
-Reach consensus on Messaging Platform
❑ Build out Communications Calendar with messaging opportunities
such as routine City mailings or publications, public session budget
workshops or adoption dates, and community events or meetings
❑ Update Opinion Leader database and organizational hit list (City)
❑ Develop Informational Messaging Toolkit
❑ Identify messengers
❑ Conduct Informational Message Training
APRIL-MAY
LAUNCH COMMUNITY ENGAGEMENT
❑ Conduct first round of engagement/informational presentations
❑ Make refinements to initial informational rollout as needed
❑ Issue 1-2 Opinion Leader updates
❑ Maximize any budget adoption messaging opportunities
❑ Respond to community questions
JUNE-JULY
COMPLETE ENGAGEMENT, PREPARE FOR MEASURE PLACEMENT/S
❑ Complete initial engagement/information phase
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❑ Assist with staff reports and measure preparation/s
❑ Assist in preparing for Council adoption vote/s
o Media updates
o Community participation
❑ Address Rapid Response Needs as necessary
AUGUST POST-ADOPTION MUNICIPAL ELECTION INFORMATION
❑ Update City’s website and all communications vehicles with updated
Municipal Election information
❑ Issue final Opinion Leader Update announcing placement of the
measure/s on the ballot
❑ Continue informational Speakers’ Bureau presentations (City)
❑ Implement Earned Media/Internet Communications
RPV can continue its factual, informational efforts following placement of a measure
on the ballot but cannot engage in any partisan activities.
SEPTEMBER-
NOVEMBER
❑ Draft media and social media information
❑ Issue informational mailings/online outreach
❑ Address rapid response needs
❑ Continue to disseminate Municipal Election information
❑ Provide two-way media comments
❑ Thank the community (City)
D. REFERENCES
City of Alhambra (current TOT client for November 2026)
City Manager Jessica Binnquist
111 S. First Street, Alhambra, CA 91801
626-570-5010
jbinnquist@cityofalhambra.org
LEG is providing a full service scope of work to the City for full service ballot measure outreach and
strategic communications. LEG’s professional services contract is $87,750 for a period from October 1,
2025 through October 31, 2026. Graphic design, paid digital communications, and direct mail
production are not included in LEG’s contract as the City prefers to utilize its own vendors/in house
staff team.
City of Lomita (current sales tax client for June or November 2026)
City Manager Andrew Vialpando
24300 Narbonne Avenue, Lomita CA 90717
(310) 325-7110 x 115
a.vialpando@lomitacity.com
LEG is providing a full service scope of work to the City for ballot measure outreach and strategic
communications. LEG’s professional services contract is $ $108,000 for a period from August 1, 2025
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through November 30, 2026. In response to developments pertaining to LA County’s placement of its
own measure on the June ballot, the City decided just recently to preserve the option of proceeding in
June. Graphic design, paid digital communications, and direct mail production are not included in
LEG’s contract as the City prefers to utilize its own vendor s/in house staff team.
City of Sierra Madre (current client)
City Manager Mike Bruckner (LEG also worked with Mr. Bruckner in the City of Arcadia)
232 W. Sierra Madre Boulevard, Sierra Madre, CA 91024
(626) 355-7135w
mbruckner@sierramadreca.gov
LEG provided a short scope of work for a time-limited period in 2025 to the City for advisory services
in the amount of $20,000 to assess ballot measure options. Additionally, LEG is currently providing
full service ballot measure outreach and strategic communications for a June 2026 Gann Limit
measure. LEG’s 2026 professional services contract is an additional $40,500 for a period from January
1, 2026 through June 30, 2026. Graphic design, paid digital communications, and direct mail
production are not included in LEG’s contract as the City prefers to build expertise and capacity with
their in house staff team for long-term professional development.
E. COST PROPOSAL
The City’s RFP specifically requests the “minimum scope necessary to achieve meaningful results”
for its identified Task 1 (Community Outreach) and Task 2 (Ballot Services) scopes. For returning
clients only, LEG has a Short Scope model that has been highly effective for other cities while being
extremely cost efficient. While the City itself is not a returning client of LEG’s the Deputy City
Manager is a potential returning client, so the below model would be extended as a courtesy to RPV.
Given the City’s RFP wording, LEG presumes the City’s polling results are robust and reflect strong
viability of one or both measures above the Margin of Error on the third ballot test. Under these
circumstances, LEG can structure effective minimum scopes as follows.
Task 1: Pre-Placement Community Outreach on City’s Financial Strengths and Challenges
Short Scope Model Cost: $10,000
1. Meet with City staff to discuss the project scope, purpose, uses, and goals.
2. Create public education and outreach efforts financial strengths/challenges.
3. Create public education and outreach efforts for as many as two ballot measures. In LEG’s
experience, this scope of work is post-placement as the messaging draws from official measure
documents, so we have moved this line item to Task 2 for the purposes of the bid.
4. Craft appropriate informational and educational materials and provide advice on distribution.
5. Develop talking points, frequently asked questions and answers, and information fact sheets.
6. Assist in the preparation of content for various platforms and informational materials.
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7. Support public outreach meetings and community workshops. LEG would provide comms
materials for these formats but would clearly not be an onsite presence in a Short Scope context.
8. Update City Councilmembers at critical stages of the scope of work . Direct engagement with City
Councilmembers is not available in a Short Scope model, as all work is performed directly with City
staff.
Task 2: Ballot Services (including post placement Municipal Election Measure Information)
Short Scope Model Cost: $10,000
1. Provide advice and added value to potential ballot components such as AB1416 considerations, staff
reports, city resolutions, and ballot materials.
2. Provide content copy for Municipal Election informational materials pertaining to the Measure/s.
Without exception, LEG does not invoice or bill on an hourly or time/materials basis.
Proposer Bid Notes
Kindly note:
▪ This bid is structured as a package where LEG conducts both Task 1 and Task 2.
o Our protocols under these models are that all deliverables/services for each respective
task is delivered within about a one month period (e.g., March 18 th-April 30th for Task 1;
and one month in either June or July for Task 2). Unlike a full scope, there would no
ongoing meetings between the completion of the deliverables for each Task.
o The City is entitled to two meetings with 1-2 rounds of edits to materials per Task.
▪ Under LEG’s Short Scope models, there is no engagement with City Council members –all
work is performed exclusively with City staff, and no onsite visits to the City will be made.
▪ While some other cities request direct mail or digital production services, those are under our
full scope models. Under the short scope models, LEG will build out the Comms Toolkits in
word copy and PowerPoint formats. If graphic design is desired as an optional service for
mailings or materials, the flat cost is $600 per mailing layout.
▪ No partisan or campaign activities are provided under any public entity scope of work.
LEG is flexible and welcomes discussing alternative models the City may want LEG to consider or
alternatively is available to provide a full scope of services at our standard rate of $6,750 per month.
Our organization prefers to initiate the collaboration with the City during the scoping phase to
ensure the City’s needs are being met in the most cost efficient manner possible.
An Appendix of samples and other information is on subsequent pages. In closing, we would like to
thank the City for considering LEG and emphasize our enthusiasm and interest in a potential
collaboration.
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Mail Sample – Pre-Placement Financial Information (Task 1)
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Mail Sample – Post-Placement Measure Info (Task 2)
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Selected Paid Digital – City Financial Info (Task 1)
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Selected Paid Digital -- Municipal Election Info (Task 2)
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FOR IMMEDIATE RELEASE CONTACT: Catherine Lew, Esq.
November 25, 2024 Co-Founder (510) 594-0224 x 261
LEW EDWARDS GROUP CLOSES 2024
WITH 84 WINS & ENACTMENTS (Selected Highlights)
Riverside Community College District
General Obligation Bond Yes on CC
$954 Million SUCCESSFUL
San Juan Unified School District
General Obligation Bond Yes on P
$950 Million SUCCESSFUL
Fremont Unified School District
$919 Million GO Bond ENACTED
Mountain House Community Services District
Establishment of Cityhood ENACTED
County Supervisors
Margaret Abe-Koga (Santa Clara County) ELECTED
Nikki Fortunato Bas (Alameda County) ELECTED
Wendy Root Askew(Monterey County) RE-ELECTED
Mt. San Antonio Community College District
General Obligation Bond Yes on V
$750 Million SUCCESSFUL
City of Oakland Officeholders
City Auditor Michael Houston ELECTED
Rowena Brown (At-Large City Council) ELECTED
D3 Councilmember Carroll Fife RE-ELECTED
Oakland Education Association IE
OUSD Director Rachel Latta ELECTED
OUSD Director VanCedric Williams ELECTED
Local Mayors
Belmont Mayor Julia Mates RE-ELECTED
Emeryville Mayor Courtney Welch RE-ELECTED
City of Mountain View
Real Property Transfer Tax
Raises $9.5 Million annually ENACTED
County Measures
Humboldt County sales tax ($24M/year) ENACTED
Santa Barbara County TOT ($3M/year) ENACTED
Anaheim Union High School District
General Obligation Bond Yes on K
$496 Million SUCCESSFUL
Tustin Unified School District
General Obligation Bond Yes on J
$261 Million SUCCESSFUL
Los Angeles County Sales Tax Recaptures
City of Azusa (raises $2.5M/yr) ENACTED
West Hollywood (raises $5M/yr) ENACTED
City of Dublin
Yes on II -Development Measure SUCCESSFUL
State Center CCD
General Obligation Bond Yes on Q
$698 Million SUCCESSFUL
Business License Tax Modernizations
City of Belmont (raises $1.3M/year) ENACTED
City of Redwood City (raises $7M/year) ENACTED
Alameda Firefighters PAC - IE
Councilmembers Greg Boller/Michele Pryor ELECTED
Redlands Unified School District
General Obligation Bond Yes on D
$500 Million SUCCESSFUL
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Victor Valley Union High School District
$180 Million Bond for overcrowding ENACTED
$180 Million Bond for upgrades ENACTED
San Mateo County CCD Trustees
Trustee Lisa Petrides, Area 1 RE-ELECTED
Trustee Wayne Lee, Area 3 RE-ELECTED
Sales Taxes Requiring Enabling Legislation
City of Campbell ½c (raises $7M/yr) ENACTED
City of Pinole ½ c (raises $2.5M/year) ENACTED
City of La Habra
1 cent General Purpose Sales Tax -Yes on V
Raises $15.6 Million annually SUCCESSFUL
Orange County Sales Tax Enactments
Buena Park -1c (raises $20M/year) ENACTED
Seal Beach ½ c (raises $3M/year) ENACTED
Westminster ½ c (raises $8M/year) ENACTED
Folsom Cordova Unified School District
YES on R $144 Million for elementary SUCCESSFUL
YES on S $144 Million for middle/high SUCCESSFUL
City of Fort Bragg
3/8-cent sales tax (raises $800k/year) ENACTED
Transient Occupancy Tax (raises $400k/yr) ENACTED
Alameda County Officeholders
BART Board Director Melissa Hernandez ELECTED
County Educ. Trustee Angela Normand RE-ELECTED
Napa – Solano Labor/Working Families PAC-IE
Various Officials/Measures SUCCESSFUL
Napa Yes on G (1c sales tax; $22M/yr) SUCCESSFUL
Los Angeles County K-12 School District Bonds
Arcadia USD/Yes on AS, $358M Bond SUCCESSFUL
Lancaster SD/Yes on LS, $122.1M Bond SUCCESSFUL
Paramount USD/YES on Q, $190M SUCCESSFUL
Kern County Enactments
Ridgecrest sales tax (raises $6.5M/yr) RENEWED
Sierra Sands USD $42M Bond ENACTED
Wasco UHSD $35.4M Bond ENACTED
Greater Inland Empire Sales Tax Measures
Cathedral City ½cent (raises $5M/yr) ENACTED
Desert Hot Springs 1cent ($2.4M/yr) ENACTED
Moreno Valley 1cent(raises $30M/yr)AFFIRMED
Yucaipa – 1cent (raises $6M/year) ENACTED
Fresno Unified School District
$500 Million GO Bond ENACTED
South Monterey County Joint UHSD
$35M Measure H GO Bond (Vocational) ENACTED
$35M Measure I Go Bond (School Repair) ENACTED
Town of Yucca Valley
½ c Water Sales Tax (raises $3M/year) RENEWED
½ cent Sales Tax (raises $3M/year) RENEWED
Public Safety Specific Measures
Chowchilla Safety Tax 1c ($2.5M/yr) RENEWED
Millbrae Fire Assessment Funding RENEWED
Sanger Safety Tax ¾ cent ($3.2m/yr) RENEWED
General Purpose Sales Tax Renewals
City of El Cerrito 1c (raises $4M/year)RENEWED
City of Milpitas ¼ c (raises $7M/yr) RENEWED
City of Artesia
Private Initiative Challenging City DEFEATED
¾ Cent Sales Tax (raises $2.5M/Yr) ENACTED
Local Sales Tax Measures
City of Clovis 1c sales tax (raises $28M/yr) ENACTED
City of Downey ¼ cent (raises $6M/yr) ENACTED
La Canada Flintridge (raises $2.625M/yr) ENACTED
Santa Paula 1c sales tax (raises $4.5M/yr) ENACTED
Compton College
General Obligation Bond Yes on CC
$200 Million SUCCESSFUL
City Transient Occupancy Taxes
City of Menlo Park (raises $3.6M/annually) ENACTED
City of Newark (raises $2.1M/annually) ENACTED
City of Pacifica (raises $720k annually) ENACTED
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City of Petaluma
Local Control of Fairgrounds SUCCESSFUL
City of Oxnard
Attempted Repeals/Local Funding DEFEATED
Maintain CFD Funding ENACTED
Selected 2023 Special District
Measures & Special Elections
Humboldt Fire Protection District 1
Local Fire Prevention Assessment RENEWED
Napa-Solano Working Families PAC – IE
Vacaville USD School Board member
Amy Tran Russell ELECTED
City of Solvang (raises $800k annually) ENACTED
McKinleyville Community Services District
Local Funding for Safety/Parks RENEWED
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FOR IMMEDIATE RELEASE CONTACT: Catherine Lew, Esq.
December 30, 2022 Co-Founder (510) 594-0224 x 261
LEW EDWARDS GROUP CLOSES 2022
with 66 WINS & ENACTMENTS (List Highlights)
Cerritos College
General Obligation Bond Yes on CC
$425 Million SUCCESSFUL
Rialto Unified School District
General Obligation Bond Yes on A
$340 Million SUCCESSFUL
Oakland Education Association
OUSD Trustee Valarie Bachelor ELECTED
OUSD Trustee Jennifer Brouhard ELECTED
United Educators of San Francisco
Commissioner Lisa Ward ELECTED
Commissioner Alida Fisher ELECTED
Liz Ortega ELECTED
California Assembly
Diane Papan ELECTED
California Assembly
Melissa Hernandez RE-ELECTED
Mayor of Dublin
Richard Valle RE-ELECTED
Alameda County Supervisor
Kern County
1 Cent Sales Tax (unincorporated only)
Raises $54 Million annually ENACTED
Humboldt County
Transient Occupancy Tax ENACTED
Abandoned Vehicle Tax ENACTED
City of Palo Alto
New Business License Tax ENACTED
Utilities Transfer/General Fund ENACTED
Raises/protects $7 Million annually
Placer County
Transient Occupancy Tax Renewal
Protects $4 Million Annually ENACTED
City of Santa Clara
Business License Tax Update ENACTED
Utilities Transfer/General Fund ENACTED
Raises/protects $39 Million annually
City of Elk Grove/Cosumnes CSD
1 cent sales tax
Raises $21.3 Million annually ENACTED
Nikki Fortunato Bas RE-ELECTED
Oakland City Council President
Hank Levy RE-ELECTED
Alameda County Treasurer
Julia Mates ELECTED
Mayor of Belmont
Lisa Diaz Nash ELECTED
San Mateo City Council
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Ed Hernandez ELECTED
Eden Healthcare District
Alameda Firefighters
Mayor Marilyn Ezzy-Ashcraft RE-ELECTED
Councilmember Tracy Jensen ELECTED
California Teachers Association
Contra Costa County Board of Education
Trustee Sarah Butler RE-ELECTED
Napa – Solano Labor/Working Families PAC
Various County & Local Officials ELECTED
Oakland Unified School District Yes on H
Renews College Career for All Parcel Tax
Protects $11.5 Million annually SUCCESSFUL
City of Atwater
Public Safety Sales Tax Renewal
Protects $4 Million annually ENACTED
Sac Kids First Coalition Yes on L
Establishes Children’s Fund (GF Set-Aside)
Dedicates $10+ Million annually SUCCESSFUL
City of Pacifica
½ cent Local Sales Tax
Raises $2.6 Million annually ENACTED
Little Lake City School District
General Obligation Bond
$36 Million ENACTED
City of Solana Beach
1 cent Local Sales Tax
Raises $3 Million annually ENACTED
City of Solvang
1 Cent Local Sales Tax
Raises $1.6 Million annually ENACTED
City of Belmont
Transient Occupancy Tax Increase
Raises $600,000 annually ENACTED
City of Ridgecrest
1 Cent Local Sales Tax
Raises $5.9 Million annually ENACTED
City of Galt
1 Cent Local Sales Tax
Raises $3.6 Million annually ENACTED
City of Tulare
Cannabis Tax ENACTED
City of South Lake Tahoe
Cannabis Tax Measure
Raises $950,000 annually ENACTED
City of Hercules
Utility Users Tax Renewal
Protects $3.6 Million/year ENACTED
City of Larkspur
Additional 1/4 Cent Local Sales Tax
Raises $700,000 annually ENACTED
City of Tehachapi
1 Cent Local Sales Tax
Raises $4 Million annually ENACTED
City of Imperial Beach
Transient Occupancy Tax Increase
Raises $400,000 annually ENACTED
City of Hermosa Beach
Cannabis Industry Initiative DEFEATED
Cannabis Tax ENACTED
City of Yucca Valley
Transient Occupancy Tax Increase
Raises $1.3 Million annually ENACTED
City of Millbrae
Transient Occupancy Tax Increase
Raises $1.5 Million annually ENACTED
City of Roseville
Transient Occupancy Tax Increase
Raises $3 Million annually ENACTED
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City of Tracy
Business License Tax Modernization
Raises $3.2 Million annually ENACTED
SELECTED 2021
WINS & ENACTMENTS
Mialisa Bonta ELECTED
California Assembly Special Elections
City of Eastvale
Gann Limit Measure ENACTED
City of Moreno Valley
1 Cent Local Sales Tax
Raises $20 Million annually ENACTED
City of Vallejo
7/8 Cent Local Sales Tax
Raises $18 Million annually ENACTED
City of Cathedral City
Short-Term Vacation Rental Ord. ENACTED
City of Indio
1 Cent Local Sales Tax Renewal
Raises $26 Million annually ENACTED
City of Riverside
Affirmation of Utilities/General Fund Transfer
Protects $40 Million annually ENACTED
City of Taft
1 Cent Local Sales Tax
Raises $1.6 Million annually ENACTED
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FOR IMMEDIATE RELEASE CONTACT: Catherine Lew, Esq.
November 24, 2020 Co-Founder (510) 594-0224 x 261
IN PANDEMIC YEAR, LEW EDWARDS GROUP
CLOSES 2020 WITH 68 WINS, TYING 2016 RECORD
(List Highlights)
Foothill – De Anza Community College Dist.
General Obligation Bond Yes on G
$898 Million SUCCESSFUL
Citrus College
General Obligation Bond Yes on Y
$298 Million SUCCESSFUL
Oakland Education Association
OUSD Trustee Sam Davis ELECTED
OUSD Trustee VanCedric Williams ELECTED
OUSD Trustee Mike Hutchinson ELECTED
California Teachers Association
Multiple winning County and local School Board races
and school parcel tax measures SUCCESSFUL
Lily Mei RE - ELECTED
Mayor of Fremont
Wendy Root Askew ELECTED
Monterey County Supervisor
Melissa Hernandez ELECTED
Mayor of Dublin
City of San Luis Obispo
Tripled Local Sales Tax to 1.5 cents
Raises $21.6 Million annually SUCCESSFUL
Emery Unified School District
Additional 12 cents/sq.ft Parcel Tax
Raises $1.8 Million annually SUCCESSFUL
City of Oxnard
Additional 1.5 Cent Local Sales Tax
Raises $40 Million annually SUCCESSFUL
City of Newark
Utility Users Tax Renewal
Protects $2.75 Million annually SUCCESSFUL
Alameda County Fire Department
General Obligation Bond
$90 Million SUCCESSFUL
City of San Bruno
Transient Occupancy Tax SUCCESSFUL
Cannabis Business Tax Update SUCCESSFUL
City of Concord
Doubled Local Sales Tax to one cent
Raises $27 Million annually SUCCESSFUL
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Diane Papan RE-ELECTED
San Mateo City Council as first place finisher
Alameda Firefighters PAC
Councilmember Malia Vella RE-ELECTED
Kelly Welsh ELECTED
Vacaville Unified School Board
Edralin Maduli RE-ELECTED
Chabot-Las Positas Community College Board
Gina Papan RE-ELECTED
Millbrae City Council as first place finisher
Leslie Reckler ELECTED
West Contra Costa Unified School Board
Lisa Petrides ELECTED
San Mateo County Community College Board
Sylvia Hacaj RE-ELECTED
Kensington Police & Fire Protection District
City of West Hollywood
¾ Cent Local Sales Tax
Raises $11 Million annually SUCCESSFUL
City of Chino Hills
Transient Occupancy Tax
Raises $260,000 annually SUCCESSFUL
City of Lakewood
¾ Cent Local Sales Tax
Raises $10 Million annually SUCCESSFUL
City of Exeter
One cent Local Sales Tax
Raises $800,000 annually SUCCESSFUL
Eureka City Schools
General Obligation Bond
$18 Million SUCCESSFUL
City of Eureka
Increased Local Sales Tax to 1.25 cents
Raises $9.6 Million annually SUCCESSFUL
City of Cotati
Local Sales Tax Renewal
Protects $1 Million annually SUCCESSFUL
City of Azusa
¾ Cent Local Sales Tax
Raises $4.5 Million annually SUCCESSFUL
City of La Habra
Cannabis Tax Measure
Raises $2 Million annually SUCCESSFUL
City of Bellflower
¾ Cent Local Sales Tax
Raises $4.5 Million annually SUCCESSFUL
City of Turlock
¾ Cent Local Sales Tax
Raises $11 Million annually SUCCESSFUL
City of South Lake Tahoe
1 Cent Local Sales Tax
Raises $5.4 annually SUCCESSFUL
City of Menifee
Defeated attempted repeal
Protects $11 Million/year SUCCESSFUL
City of Morro Bay
Additional 1 Cent Local Sales Tax
Raises $2 Million annually SUCCESSFUL
City of Imperial Beach
1 Cent Local Sales Tax
Raises $1.3 Million annually SUCCESSFUL
City of Lake Elsinore
1 Cent Local Sales Tax
Raises $10 Million annually SUCCESSFUL
City of Paso Robles
1 Cent Local Sales Tax
Raises $10 Million annually SUCCESSFUL
City of Milpitas
¼ Cent Local Sales Tax
Raises $6.5 Million annually SUCCESSFUL
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City of Gardena
¾ Cent Local Sales Tax
Raises $7.4 Million annually SUCCESSFUL
City of Santa Clara
Transient Occupancy Tax Increase
Raises $7 Million annually SUCCESSFUL
City of Petaluma
1 Cent Local Sales Tax
Raises $13.5 Million annually SUCCESSFUL
City of Half Moon Bay
Transient Occupancy Tax increase
Raises $1.5 Million annually SUCCESSFUL
City of Daly City
½ Cent Local Sales Tax
Raises $6 Million annually SUCCESSFUL
SELECTED 2019 ENACTMENTS
City of Arcadia
¾ Cent Local Sales Tax
Raises $8.6 Million annually SUCCESSFUL
City of Hermosa Beach
Transient Occupancy Tax
Raises $550,000 annually SUCCESSFUL
City of San Bruno
½ cent Local Sales Tax
Raises $4 Million annually SUCCESSFUL
City of Novato
Transient Occupancy Tax Increase
Raises $400,000 annually SUCCESSFUL
City of Corona
1 Cent Local Sales Tax
Raises $30 Million annually SUCCESSFUL
City of Alhambra
¾ Cent Local Sales Tax
Raises $8.1 Million annually SUCCESSFUL
City of Signal Hill
¾ Cent Local Sales Tax
Raises $5 Million annually SUCCESSFUL
City of Wheatland
½ Cent Local Sales Tax
Raises $330,000 annually SUCCESSFUL
City of Rancho Cordova
Additional ½ Cent Local Sales Tax
Raises $8 Million annually SUCCESSFUL
City of Sausalito
Prop. 218 Sewer Rate Increase SUCCESSFUL
City of Manhattan Beach
Transient Occupancy Tax
Raises $1 Million annually SUCCESSFUL
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C-26