Rancho Palos Verdes City Council
   

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: ASSISTANT CITY MANAGER

DATE: APRIL 6, 2004

SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH EMERGENCY PLANNING CONSULTANTS TO PREPARE THE NATURAL HAZARDS MITIGATION PLAN

RECOMMENDATION

1) Authorize staff to collaborate with the Cities of Rolling Hills Estates and Rolling Hills on a multi-jurisdictional Natural Hazards Mitigation Plan; 2) Award a Professional Services Agreement to Emergency Planning Consultants in an amount not to exceed $10,000 to prepare the City’s Natural Hazards Mitigation Plan; and, 3) Authorize the Mayor and City Clerk to execute the Agreement with Emergency Planning Consultants.

BACKGROUND

To encourage local communities to engage in more pre-disaster mitigation planning, Congress passed the Disaster Mitigation Act of 2000. This law requires every local, county and state government in the nation to prepare a Natural Hazards Mitigation Plan (NHMP) by November 1, 2004. Failure to comply will result in the loss of post-disaster mitigation grant funding from FEMA for any natural disasters that may befall a community after this date.

On February 3, 2004, City Council authorized staff to issue a Request for Proposals (RFP) seeking a consultant to assist the City in completing the NHMP. After sending out over 30 RFP’s to various private consulting firms, staff received responses and cost estimates from the following five companies:

    • AMEC Earth & Environmental, Inc. ($82,180)
    • Earth Consultants International ($75,000)
    • Emergency Planning Consultants ($10,000)
    • Group Delta Consultants ($90,000)
    • URS Consultants ($119,510)

Due to the high cost associated with four of the proposals received, staff approached the Cities of Rolling Hills Estates and Rolling Hills about the possibility of doing a multi-jurisdictional plan in an effort to pool our resources and cut costs. A multi-jurisdictional plan is practical because, with the exception of coastal hazards such as bluff erosion and tsunamis, all three cities share the same physical characteristics and face the same types of natural disasters. Both Rolling Hills Estates and Rolling Hills were open to the idea and agreed to participate in the consultant interview process. The City of Palos Verdes Estates has already embarked on its own planning process and has indicated that it is not interested in preparing a joint plan with the other Peninsula cities.

DISCUSSION

On March 23rd and 25th, staff from Rancho Palos Verdes and Rolling Hills Estates conducted interviews with three firms: Earth Consultants International, Emergency Planning Consultants and URS Consultants. Staff from Rolling Hills participated in the interview with Earth Consultants International on March 23rd, but was unavailable on the second day of interviews. However, they were comfortable accepting the other two cities’ recommendation regarding which firm to hire.

While all three firms are well qualified to complete the multi-jurisdictional NHMP, staff was most impressed with Emergency Preparedness Consultants (EPC) for several reasons. While the other two firms proposed a fairly complex review process, EPC has developed a very streamlined approach to preparing NHMPs for local jurisdictions aimed at minimizing the amount of City staff time required to complete the plan (see attached Scope of Work and Schedule of Performance). In addition, the larger firms proposed to engage in extensive new mapping efforts, while EPC relies on data sources that the cities already have available and minimizing the new mapping that must be developed for this initial effort. In addition, EPC is currently preparing NHMPs using this process for a number of cities in Los Angeles County, including Compton, Santa Fe Springs and Downey.

Further, by using the streamlined approach, EPC’s proposed project schedule would allow the City to complete and submit the NHMP by the November 1, 2004 deadline. The draft schedule anticipates City Council review and submittal of the final plan in September 2004, providing a 30-day buffer to accommodate any minor delays or modifications to the plan that may become necessary. Finally, as a small planning firm without the high overhead costs inherent with larger consulting firms, EPC is able to prepare a plan for the City for a very reasonable cost. The firm’s standard fee to prepare a municipal NHMP is $10,000. However, if the three Peninsula cities prepare a multi-jurisdictional plan, EPC will provide a 20% discount to the Cities of Rancho Palos Verdes and Rolling Hills Estates ($8,000 each) and, due to it’s small size, agreed to charge the City of Rolling Hills Estates its minimum fee ($5,000).

Because multi-jurisdictional plans often receive higher priority when applying for future grant funding, EPC is amenable to preparing a single Natural Hazards Mitigation Plan document covering all the three cities. The first portion of the document would include sections on Hazard Identification, Risk Assessment and Vulnerability Analysis for the three-city planning area. The second portion of the document would include separate sections for each city identifying their individual Mitigation Actions. All three City Councils will be asked to adopt the multi-jurisdictional plan and reference the mitigation measures identified for their particular city. Each city would only have responsibility for implementing those mitigation measures identified for its particular jurisdiction in the Plan.

Although the end work product would be a single document covering all three communities, staff is recommending that each city enter into separate contracts with EPC. The draft contract has been reviewed by the City Attorney’s Office and is attached for the Council’s review and approval. This is being recommended to not only so that work can commence immediately on the project, but also to further distinguish between each of three city’s obligations and responsibilities concerning the NHMP. EPC’s flat rate fee also works well with this approach. However, staff is recommending that City Council authorize staff to execute the contract for a not exceed an amount of $10,000, so that the City can proceed with the project in the unlikely event that both of the other cities decide not to retain EPC to prepare their NHMPs. The City of Rolling Hills is scheduled to consider the contract on April 12th and the City of Rolling Hills Estates will consider it on April 13th.

ADDITIONAL INFORMATION

In conjunction with the preparation of the City’s Natural Communities Conservation Plan (NCCP), the City recently purchased new aerial photographs. The aerial photographs are expected to become a platform for a Geographic Information System (GIS) database for the City. The City is in the process of fine-tuning the first theme layers for the system, including topography and parcel line data. The Director of Finance/ Information Technology is planning to present a proposed GIS system to Council within the next month, including an upgrade of the computer server for the system and the development of additional theme layers, such as zoning districts and public street centerlines. As discussed previously, staff intends gather most of the data needed to complete the NHMP from the City’s existing resources and from readily available outside sources, such as the USGS or the state Department of Forestry. However, some of the funds remaining in the Emergency Preparedness program would be used to create GIS layers that will greatly assist the City in preparing the NHMP, such as earthquake fault lines, fire hazard zones and landslide areas.

FISCAL IMPACT

The City has $65,885 remaining in the FY 03-04 Emergency Preparedness program for Professional/Technical Services, which is available to fund the preparation of the Natural Hazard Mitigation Plan. At $8,000 for the City’s portion of the multi-jurisdiction planning effort, the contract with Emergency Planning Consultants would leave approximately $57,885 available for data gathering, copying existing maps and creating any GIS mapping needed in the preparation of the plan.

On April 2, 2004, staff applied for a federal mitigation planning grant that became available as a result of the federal disaster declaration for the October fires to prepare the NHMP. If the City’s grant application is successful, these funds could be used to offset the cost to the City’s General fund to comply with this federal mandate.

Respectfully submitted:

 

Carolynn Petru

Assistant City Manager

Reviewed,

 

Les Evans

City Manager

Attachments:

EPC Proposal dated March 31, 2004

Scope of Work and Schedule of Performance

Draft Contract

 

 

 

March 31, 2004

 

 

TO WHOM IT MAY CONCERN

 

This letter is in response to your request for a proposal and statement of qualifications concerning the development of a Multi-Jurisdictional Hazard Mitigation Plan for the Cities of Rolling Hills, Rolling Hills Estates, and Rancho Palos Verdes.

 

Qualifications

Emergency Planning Consultants (EPC) is pleased to present this proposal to provide professional services for preparing a Multi-Jurisdictional Hazard Mitigation Plan. EPC President Carolyn J. Harshman possesses the outstanding qualifications required to facilitate the development of the Plan within the aggressive schedule identified by the City.

EPC’s emergency management, land use planning, risk assessment and mitigation expertise, including experience with city, county, state, and governments, provides EPC with a unique advantage at assisting the City in successfully completing this project. Current and past experience with Hazard Mitigation Plans includes the State of Indiana, the City of Carlsbad (population 100,000), and the County of San Diego (participating as private citizen volunteer). Ms. Harshman is a land use subject-matter expert in FEMA’s Recovery from Disaster Course, with offerings at the Emergency Management Institute and other locations throughout the country. In addition, Ms. Harshman is an instructor and subject-matter expert in the area of land use planning and recovery for the California Specialized Training Institute.

Prior to working in the field of emergency management, Ms. Harshman had a combined 20-year career as a city and regional planner for the City of San Diego and the County of San Diego. In her role as a land use planner, Ms. Harshman prepared General Plan Amendments, Community Plans, Zoning Ordinance revisions, and conducted hundreds of community meetings. Identifying land development constraints and mitigation techniques are skills of Ms. Harshman that have been refined over the past two decades. Emergency Planning Consultants has immediate access to numerous qualified subcontractors and technical specialists, should the need arise.

 

Proposal

The Multi-Jurisdictional Hazard Mitigation Plan will be developed in compliance with the requirements of DMA 2000, while utilizing the Planning Toolkit prepared by Disaster Management Area Coordinators of Areas D,E & G (Brenda Hunemiller, Fan Abel, Michael E. Martinet) for the Natural Hazard Mitigation Plan Workshop (January 15, 20 and 28, 2004). The following methodology will be utilized:

  • Planning Tools have been developed by EPC that will significantly decrease the amount of jurisdictional staff time required for completion of the Multi-Jurisdictional Hazard Mitigation Plan. A Questionnaire has been developed by EPC which will expedite the process of gathering documents and data required to write the Plan. Most of the data collection needs associated with this project will be accomplished through utilization of the Questionnaire. Another planning tool developed by EPC is a comprehensive list of mitigation actions. This comprehensive list will allow the Planning Team to select, rather than create, mitigation actions appropriate to the jurisdictions. Every effort will be made to avoid "reinventing the wheel".
  • Planning Team Kick-Off Meeting with the Planning Team made up of multi-jurisdictional departmental representatives (possibly including: City Manager’s Office, Emergency Management Coordinator, Finance Department, Public Works Department, Police Department, Fire Department, Planning Department, Building Inspection Department, Engineering Department). The purpose of the Kick-Off Meeting is to gather pertinent documents, review timelines and project expectations, conduct an initial risk assessment of the jurisdiction, and discuss opportunities for public involvement. The EPC Questionnaire will be distributed to the Team members prior to the meeting to allow for a productive meeting.
  • Data Collection related to the Hazard Identification, Risk Assessment, and Vulnerability Analysis portion of the Hazard Mitigation Plan will be conducted by EPC. Interviews with the Planning Team will be over the telephone or via email. On as as-needed basis, interviews may also involve other government or technical resources.
  • Mapping activities will be the responsibility of the local jurisdiction with guidance provided from EPC. DMA 2000 requires that hazards and critical facilities be documented on maps and be included in the Hazard Mitigation Plan. EPC recommends that the maps be generated by the jurisdiction’s existing mapping function (i.e. Engineering Department) and to draw from existing mapping capabilities. These maps are to based on "best available data".
  • Hazard Identification, Risk Assessment, and Vulnerability Analysis will be prepared by EPC based on "best available data" and will comply with State of California Office of Emergency Services standards, DMA 2000 requirements, and the Planning Toolkit prepared by Disaster Management Area Coordinators. It is anticipated that any existing risk assessment data, hazard analysis studies, mitigation plans, and General Plan will be provided by the jurisdictions. Supplemental data collection required to satisfy DMA 2000 Guidelines (contained in FEMA 386-1, 386-2, 386-3, and 386-7) will be coordinated between EPC and the Point of Contact for the jurisdiction. Utilizing information regarding recent disasters and other existing resources, EPC will conduct additional research to identify all relevant hazards that may affect the jurisdiction.
  • Planning Team Final Meeting will be dedicated to selecting, prioritizing and scheduling the recommended Mitigation Actions. EPC will prepare a list of Mitigation Actions based on the findings of the Hazard Identification, Risk Assessment, and Vulnerability Analysis. The Mitigation Actions will be finalized by the Planning Team and will be categorized by hazard; providing pros and cons, preliminary cost estimates, and responsible entities. This portion of the Multi-Jurisdictional Hazard Mitigation Plan is called the Implementation Strategy and ranks the Mitigation Actions into short, medium and long-range priorities.
  • Draft Multi-Jurisdictional Hazard Mitigation Plan will be formatted by EPC and will include the various components mentioned above. A hard copy and electronic copy of the Draft Plan will be mailed to the Point of Contact for distribution and review by the Planning Team and other individuals involved in the review process (including State OES).
  • Final Draft Multi-Jurisdictional Hazard Mitigation Plan will be prepared by EPC based on comments received on the Draft Plan. One hard copy and one CD will be mailed to each of the jurisdictions upon completion. EPC will participate in presenting the Plan to each of the jurisdiction’s decision makers (i.e. City Council, Planning Commission) at one public hearing. Revisions to the Plan will be made based on input from the Public Hearing. A hard copy and electronic copy of the Final Draft Multi-Jurisdictional Hazard Mitigation Plan will be mailed to the jurisdictions for submission to the State of California and the Federal Emergency Management Agency.

Cost

Emergency Planning Consultants will complete the above mentioned tasks for a total of $10,000. Arrangements for payment will be negotiated as a part of the contracting process. This proposal is in effect through March 31, 2004. A 20% discount will be offered to each City in the event a contract involves more than one adjoining City. Because the City of Rolling Hills is an exceptionally small City and is responsible for very few public facilities, EPC is offering a 50% discount. This pricing is contingent on the City of Rolling Hills teaming with the Cities of Rolling Hills Estates and Rancho Palos Verdes.

 

Should you have any questions concerning this proposal or other required tasks, please contact me at (858) 483-4626.

 

Respectfully,

 

Carolyn J. Harshman, President

Emergency Planning Consultants

3665 Ethan Allen Avenue

San Diego, CA 92117

(858) 483-4626, office

(858) 483-2862, fax

epc@pacbell.net

SCHEDULE A

SCOPE OF WORK & SCHEDULE OF PERFORMANCE

 

Option 1 – City as Sole Participant

Task #1-1 Conduct Kick-Off Meeting.

    • Prepare materials and facilitate the first Hazard Mitigation Planning Team meeting make up of key City representatives, as well as representatives from other jurisdictions participating on the Planning Team.

Schedule April 2004

Cost $2,000

Task #1-2 Prepare Draft Local Hazard Mitigation Plan - Hazard Analysis.

    • Analyze data and documents collected at the Kick-Off Meeting. Conduct additional research as necessary and prepare the Draft Hazard Analysis, consisting of four components:
        • Identifies the hazards.
        • Profile the hazards
        • Develop a community profile.
        • Conduct a vulnerability assessment and estimate losses.

Schedule May, 2004

Cost $2,000

Task #1-3 Conduct Final Planning Team Meeting.

    • Discuss Draft Hazard Analysis and solicit input. Present City-prepared maps to Planning Team for review and input. Utilizing planning tools developed by Emergency Planning Consultants, facilitate the process of establishing a Mitigation Strategy, including the following components:
        • Mitigation Goals
        • Identification of Possible Mitigation Activities
        • Prioritize Activities
        • Develop an Action Plan.
    • Establish an Implementation Strategy which identifies how the mitigation recommendations will be integrated into General Plans, capital improvement plans, zoning and building codes, site reviews, and building permits.

Schedule June, 2004

Cost $2,000

Task #1-4 Prepare Draft Local Hazard Mitigation Plan – Mitigation.

    • Based on the discussions and recommendations from the Final Planning Team Meeting, complete the Draft Local Hazard Mitigation Plan.

Schedule July, 2004

Cost $2,000

Task #1-5 Participate in Public Hearing and Submit Final Local Hazard Mitigation Plan.

    • Draft Plan is out for review during August. During September, assist with preparation of staff report and presentation materials and participate in one public hearing (i.e. Planning Commission, City Council). Incorporate recommendation into the Plan as directed at the one public hearing. Submit Final Local Hazard Mitigation Plan to City’s Point of Contact.

Schedule August, 2004 (Public Hearing); September, 2004 (Submit Final Plan)

Cost $2,000

Option 1 – City as Sole Participant

Grand Total = $10,000

Option 2 – Joint Project with Adjoining City (reflects 50% discount because Rolling Hills is an exceptionally small community and has very few public facilities)

Task #2-1 Conduct Kick-Off Meeting.

    • Prepare materials and facilitate the first Hazard Mitigation Planning Team meeting make up of key City representatives, as well as representatives from other jurisdictions participating on the Planning Team.

Schedule April 2004

Cost $1,000

Task #2-2 Prepare Draft Local Hazard Mitigation Plan - Hazard Analysis.

    • Analyze data and documents collected at the Kick-Off Meeting. Conduct additional research as necessary and prepare the Draft Hazard Analysis, consisting of four components:
        • Identify the hazards.
        • Profile the hazards
        • Develop a community profile.
        • Conduct a vulnerability assessment and estimate losses.

Schedule May, 2004

Cost $1,000

Task #2-3 Conduct Final Planning Team Meeting.

    • Discuss Draft Hazard Analysis and solicit input. Present City-prepared maps to Planning Team for review and input. Utilizing planning tools developed by Emergency Planning Consultants, facilitate the process of establishing a Mitigation Strategy, including the following components:
        • Mitigation Goals
        • Identification of Possible Mitigation Activities
        • Prioritize Activities
        • Develop an Action Plan.
    • Establish an Implementation Strategy which identifies how the mitigation recommendations will be integrated into General Plans, capital improvement plans, zoning and building codes, site reviews, and building permits.

Schedule June, 2004

Cost $1,000

 

Task #2-4 Prepare Draft Local Hazard Mitigation Plan – Mitigation.

    • Based on the discussions and recommendations from the Final Planning Team Meeting, complete the Draft Local Hazard Mitigation Plan.

Schedule July, 2004

Cost $1,000

Task #2-5 Participate in Public Hearing and Submit Final Draft Local Hazard Mitigation Plan.

    • Draft Plan is out for review during August. During September, assist with preparation of staff report and presentation materials and participate in one public hearing (i.e. Planning Commission, City Council). Incorporate recommendation into the Plan as directed at the one public hearing. Submit Final Local Hazard Mitigation Plan to City’s Point of Contact.

 

Schedule August, 2004 (Review Period); September, 2004 (Public Hearing and Submit Final Plan)

Cost $1,000

Option 2 – Joint Project with Adjoining City

Grand Total = $5,000

Option 3 – Additional Services Flat Fee

Task #3-1 Participate in additional Public Hearing.

    • Assist with preparation of staff report and presentation materials and participate in one public hearing (i.e. Planning Commission, City Council).

Schedule Unknown

Cost $1,000 per Public Hearing

Task #3-2 Design & facilitate Planning Team or Working Group all-day Meeting.

Schedule Unknown

Cost $2,000 per Meeting

Task #3-3 Design and facilitate a Public Workshop.

    • Design and facilitate a 2-4 hour Public Workshop with focus on educating the public and soliciting input.

Schedule Unknown

Cost $3,000 per Workshop

Task #3-4 Incorporate recommendations from additional Planning Team Meeting, Working Group Meeting, Public Workshop, or Public Hearing into the Local Hazard Mitigation Plan.

    • Incorporate recommendations from Meeting, Workshop, or Hearing into the Local Hazard Mitigation Plan.

Schedule Unknown

Cost $1,000 per Meeting, Workshop, or Hearing

 

Option 4 – Additional Services Time and Materials

Task #4-1 Provide additional services on an as-needed basis.

    • Assist City on an as-needed basis and be reimbursed for Time and Materials. Any and all costs associated with providing the service will be reimbursed. Services could include, but not be limited to: facilitation of additional Planning Team or Working Group meetings, participation at additional Public Hearings, assistance with Public Workshops, or assistance with Plan revisions upon return from State or Federal reviewers.

Schedule Unknown

Cost $100 per hour Labor (one-way only for travel time); Hotel, Meals, and Mileage (one-way only) at 2004 GSA Per Diem Rates; other Materials (office supplies, etc.) as required.

 

PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT is made and entered into this ____ day of April 2004, by and between CITY OF RANCHO PALOS VERDES hereinafter referred to as "CITY", and EMERGENCY PLANNING CONSULTANTS hereafter referred to as "CONSULTANT".

IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as follows:

ARTICLE 1

SCOPE OF SERVICES

1.1 Project Description

The Project is the preparation of a Natural Hazards Mitigation Plan as required by the Disaster Mitigation Act of 2000. Subject to authorization by the City of Rolling Hills Estates and the City of Rolling Hills, the plan will be prepared as a multi-jurisdictional document, as these cities adjoin, have similar physical characteristics and face the same types of natural disasters as CITY.

1.2 Description of Services

CONSULTANT shall perform Services described in the Proposal dated March 31, 2004, which is the CONSULTANT'S Statement of Qualifications attached hereto as Exhibit A and incorporated herein by this reference.

1.3 Schedule of Work

Upon receipt of written Notice to Proceed from the CITY, CONSULTANT shall perform with due diligence the services requested by the CITY and agreed on by CONSULTANT. CONSULTANT shall not be responsible for delay, nor shall CONSULTANT be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of CITY to furnish timely information or to approve or disapprove CONSULTANT'S work promptly, or delay or faulty performance by CITY, other contractors, or governmental agencies, or any other delays beyond CONSULTANT'S control or without CONSULTANT'S fault.

ARTICLE 2

COMPENSATION

2.1 Fee

(a) CITY agrees to compensate CONSULTANT a not to exceed amount of $8,000 for a multi-jurisdictional plan or a not to exceed amount of $10,000 if both the City of Rolling Hills Estates and the City of Rolling Hills do not retain CONSULTANT for this project, as described in CONSULTANT'S fee proposal, which is attached hereto and incorporated herein by Exhibit B.

(b) CITY may request additional specified work under this agreement, as described in CONSULTANT'S fee proposal, which is attached hereto and incorporated herein by Exhibit B. All such work must be authorized in writing by the Assistant City Manager prior to commencement.

2.2 Payment Address

All payments due CONSULTANT shall be paid to:

Emergency Planning Consultants

3665 Ethan Allen Avenue

San Diego, California 92117

2.3 Terms of Compensation

CONSULTANT will submit invoices monthly for the percentage of work completed in the previous month. CITY agrees to pay all undisputed invoice amounts within thirty (30) days of receipt of the invoice. CITY agrees to use its best efforts to notify CONSULTANT of any disputed invoice amounts or claimed completion percentages within ten (10) days of the receipt of each invoice. However, CITY's failure to timely notify CONSULTANT of a disputed amount of claimed completion percentage shall not be deemed a waiver of CITY's right to challenge such amount or percentage.

Additionally, in the event CITY fails to pay any undisputed amounts due CONSULTANT within forty-five (45) days after invoices are received by CITY then CITY agrees that CONSULTANT shall have the right to consider said default a total breach of this Agreement and be terminated by CONSULTANT without liability to CONSULTANT upon ten (10) working days advance written notice.

ARTICLE 3

INDEMNIFICATION AND INSURANCE

3.1 Indemnification

CONSULTANT will defend, indemnify and hold harmless CITY, its Boards and its officers, employees and agents (collectively "CITY"), against any claim, loss or liability that arises because of the sole or primary negligence or willful misconduct of CONSULTANT, its agents, officers, directors or employees, in performing any of the services under this Agreement.

 

 

 

3.2 General Liability

CONSULTANT shall at all times during the term of the Agreement carry, maintain, and keep in full force and effect, a policy or policies of Commercial General Liability Insurance, with minimum limits of One Million ($1,000,000.00) Dollars for each occurrence and in the aggregate, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by CONSULTANT. Said policy or policies shall be issued by an insurer admitted to do business in the State of California and rated in Best's Insurance Guide with a rating of A VII or better.

3.3 Worker's Compensation

CONSULTANT agrees to maintain in force at all times during the performance of work under this Agreement worker's compensation insurance as required by the law. CONSULTANT shall require any subcontractor similarly to provide such compensation insurance for their respective employees.

3.4 Notice of Cancellation

A. All insurance policies shall provide that the insurance coverage shall not be canceled by the insurance carrier without thirty (30) days prior written notice to CITY. CONSULTANT agrees that it will not cancel or reduce said insurance coverage.

B. CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSULTANT's expense, the premium thereon.

3.5 Certificate of Insurance

At all times during the term of this Agreement, CONSULTANT shall maintain on file with the CITY Clerk a certificate of insurance showing that the aforesaid policies are in effect in the required amounts. The commercial general liability shall contain endorsements naming the CITY, its officers, agents and employees as additional insured.

3.6 Primary Coverage

The commercial general liability insurance provided by CONSULTANT shall be primary to any coverage available to city. The insurance policies (other than workers' compensation) shall include provisions for waiver of subrogation.

 

 

 

ARTICLE 4

TERMINATION

4.1 Termination of Agreement

(a) This Agreement may be terminated at any time, with or without cause, by either party upon sixty (60) days prior written notice. Notice shall be deemed served upon deposit in the United States Mail of a certified or registered letter, postage prepaid, return receipt requested, addressed to the other party, or upon personal service of such notice to the other party, at the address set forth in Article 6.12.

(b) In the event of termination or cancellation of this Agreement by CONSULTANT or CITY, due to no fault or failure of performance by CONSULTANT, CONSULTANT shall be paid compensation for all services performed by CONSULTANT, in an amount to be determined as follows: for work done in accordance with all of the terms and provisions of this Agreement, CONSULTANT shall be paid an amount equal to the percentage of services performed prior to the effective date of termination or cancellation in accordance with the work items; provided, in no event shall the amount of money paid under the foregoing provisions of this paragraph exceed the amount which would have been paid to CONSULTANT for the full performance of the services described in Article 2.1.

ARTICLE 5

OWNERSHIP OF DOCUMENTS

5.1 Ownership of Documents and Work Product

All plans, specifications, reports and other design documents prepared by CONSULTANT pursuant to this Agreement are instruments of service, which shall be deemed the property of the CITY. CITY acknowledges and agrees that all plans, specifications, reports and other design documents prepared by CONSULTANT pursuant to this Agreement shall be used exclusively on this Project and shall not be used for any other work without the written consent of CONSULTANT. In the event CITY and CONSULTANT permit the reuse or other use of the plans, specifications, reports or other design documents, CITY shall require the party using them to indemnify and hold harmless CITY and CONSULTANT regarding such reuse or other use, and CITY shall require the party using them to eliminate any and all references to CONSULTANT from the plans, specifications, reports and other design documents. If a document is prepared by CONSULTANT on a computer, CONSULTANT shall prepare such document in a Microsoft® Word 2000 or lower format; in addition, CONSULTANT shall provide CITY with said document both in a printed format and on a three and one-half inch (3 1/2") floppy diskette.

 

 

 

ARTICLE 6

GENERAL PROVISIONS

6.1 Representation

CITY representative shall be designated as Carolynn Petru, Assistant City Manager and CONSULTANT representative shall be Carolyn Harshman as the primary contact person for each party regarding performance of this Agreement.

6.2 Fair Employment Practices/Equal Opportunity Acts

In the performance of this Agreement, CONSULTANT shall comply with all applicable provisions of the California Fair Employment Practices Act (California Government Code Sections 12940-48) and the applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C. 200e-217), and the Americans with Disabilities Act of 1992 (42 U.S.C. § 11200, et seq.).

6.3 Personnel

CONSULTANT represents that it has, or shall secure at its own expense, all personnel required to perform CONSULTANT's services under this Agreement. Any person who performs engineering services pursuant to this Agreement shall be licensed as a Civil Engineer by the State of California and in good standing. CONSULTANT shall make reasonable efforts to maintain the continuity of CONSULTANT's staff that are assigned to perform the services hereunder and shall obtain the approval of the Director of Public Works of all proposed staff members who will perform such services. CONSULTANT may associate with or employ associates or subconsultants in the performance of its services under this Agreement, but at all times shall be responsible for their services.

6.4 Conflicts of Interest

CONSULTANT agrees not to accept any employment or representation during the term of this Agreement or within twelve (12) months after completion of the work under this Agreement which is or may likely make CONSULTANT "financially interested" (as provided in California Government Code Section 1090 and 87100) in any decisions made by CITY on any matter in connection with which CONSULTANT has been retained pursuant to this Agreement.

6.5 Legal Action

(a) Should either party to this Agreement bring legal action against the other, the case shall be brought in a court of competent jurisdiction in Los Angeles County, California, and the party prevailing in such action shall be entitled to recover its costs of litigation, including reasonable attorneys' fee which shall be fixed by the judge hearing the case and such fee shall be included in the judgment.

(b) Should any legal action about the Project between CITY and a party other than CONSULTANT require the testimony of CONSULTANT when there is no allegation that CONSULTANT was negligent, CITY shall compensate CONSULTANT for its testimony and preparation to testify at the hourly rates in effect at the time of such testimony.

6.6 Assignment

This Agreement shall not be assignable by either party without the prior written consent of the other party.

Notwithstanding the above, CONSULTANT may use the services of persons and entities not in CONSULTANT'S direct employ, when it is appropriate and customary to do so. Such persons and entities include, but are not necessarily limited to, surveyors, specialized consultants, and testing laboratories. CONSULTANT'S use of subcontractors for additional services shall not be unreasonably restricted by the CITY provided CONSULTANT notifies the CITY in advance.

6.7 Independent Contractor

CONSULTANT is and shall at all times remain, as to the CITY, a wholly independent CONTRACTOR. Neither the CITY nor any of its agents shall have control over the conduct of CONSULTANT or any of the CONSULTANT's employees, except as herein set forth. CONSULTANT expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees, are in any manner agents, servants or employees of CITY, it being distinctly understood that CONSULTANT is, and shall at all times remain to CITY, a wholly independent contractor and CONSULTANT's obligations to CITY are solely such as are prescribed by this Agreement.

6.8 Titles

The titles used in this Agreement are for general reference only and are not part of the Agreement.

6.9 Extent of Agreement

This Agreement represents the entire and integrated Agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended only by a subsequent written agreement signed by both parties.

 

 

 

 

6.10 Notices

All notices pertaining to this Agreement shall be in writing and addressed as follows:

If to CONSULTANT:

Carolyn Harshman, President

Emergency Planning Consultants

3665 Ethan Allen Avenue

San Diego, California 92117

If to CITY:

Carolynn Petru, Assistant City Manager

City of Rancho Palos Verdes

30940 Hawthorne Blvd.

Rancho Palos Verdes, CA 90275

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written.

 

Dated:

BY:

PRESIDENT

Emergency Planning Consultants

 

 

Dated: CITY OF RANCHO PALOS VERDES

A Municipal Corporation

 

BY:

MAYOR

City of Rancho Palos Verdes

ATTEST:

CITY CLERK