In addition to the safety benefits, being a Firewise-designated community offers other important advantages, such as:
• California’s 'Safer from Wildfires' regulations require insurance companies to recognize Firewise USA communities and provide discounts to property owners in designated communities. • Access to grant funding and resources.
DISCUSSION
To assist the City of Hidden Hills in forming a Firewise Council and achieving recognition as a Firewise Community, staff met with Peter Fehler of PMF Consulting Group, who has extensive experience helping cities attain Firewise designation. In addition to guiding communities through the designation process, PMF provides ongoing education and outreach to ensure residents maintain compliance year after year.
The program is designed to help residents of a defined neighborhood or community with fewer than 2,500 single-family dwellings learn about wildfire risks and how to make their homes and neighborhoods safer.
The City of Hidden Hills is uniquely positioned as there are fewer than 2,500 households in the entire city.
This allows the entire city to be designated as a Firewise Community. Achieving Firewise Community recognition is more challenging for larger cities, as they exceed the 2,500 single-family dwelling limit and must divide neighborhoods into smaller, defined areas. So, while specific neighborhoods within a city may attain Firewise designation, an entire city cannot.
In receiving a Firewise Community designation it is imperative that neighbors work collaboratively with each other—to reduce their shared risk. In many neighborhoods, home ignition zones often overlap onto adjacent properties—meaning that homes are closer than 100 feet to one another. This makes the conditions of neighboring homes and vegetation a part of the wildfire threat.
The City of Hidden Hills zoning laws create structure setbacks of 50 feet in the front and back (a 100 feet minimum in-between properties) and 25 feet on either side (50 feet minimum in-between properties). That extra space is a plus in the Home Ignition Zone (HIZ) compliance reporting. Further helping the city in its mission to build a recognized Firewise Community.
In California, becoming a recognized Firewise community offers several important benefits when community members actively participate in the program, especially given the state's high risk of wildfires, including:
1. Reduced Wildfire Risk
• Firewise communities take proactive steps to reduce fire hazards, such as defensible space planning, vegetation management, and home hardening.
• Encourages residents to work together to minimize ignition risks, ultimately improving overall safety.
2. Potential Insurance Benefits
Approval of an agreement with PMF Consulting Group to conduct the work necessary for Firewise USA Community Recognition
• California’s 'Safer from Wildfires' regulations require insurance companies to recognize Firewise USA communities and provide discounts to property owners in designated communities. • Helps demonstrate to insurers that the community is actively working to lower wildfire risk, which may help mitigate rising insurance costs or cancellations.
3. Access to Grant Funding & Resources
• Firewise recognition can improve eligibility for grants related to wildfire mitigation, preparedness, and prevention.
• Provides access to expert guidance, training, and resources from the National Fire Protection Association (NFPA) and local fire agencies.
4. Stronger Emergency Preparedness & Response
• Educates residents on wildfire risks and preparedness strategies, ensuring the community is better prepared when a fire occurs.
• Helps improve coordination with local fire departments and emergency responders.
5. Community Resilience
• A well-prepared community with defensible space and fire-safe infrastructure is more attractive to potential homebuyers.
• Reduces the likelihood of catastrophic property loss, preserving home values and neighborhood stability.
6. Community Engagement & Shared Responsibility
• Fosters a culture of shared responsibility where neighbors work together to create a safer environment.
• Builds stronger relationships within the community and with local fire officials.
PMF Consulting is well regarded in the region and is currently providing similar services to the cities of Agoura Hills and Calabasas, as well as other cities in California. In addition to their experience working with the other COG cities, the benefit of working with PMF is their proprietary Resident Management System that was designed to engage, manage, track, and create reports that help to keep communities Firewise compliant. Their platform will help staff communicate, engage, track, and educate residents and community members on the successes and any weaknesses in our city’s wildfire prevention activities.
PMF’s work will include:
• Implementing the Resident Management Platform
• Bulk & Individual Emailing and Texting
• Shared Calendar
• Tracking
• Marketing Tools
• Document Repository
• Online Forms
• Reporting
Approval of an agreement with PMF Consulting Group to conduct the work necessary for Firewise USA Community Recognition
After initial startup, the PMF Consulting Group will further assist the city in training, outreach and data management for all interested residents.
FISCAL IMPACT
Once a community is officially recognized as a Firewise Community by the NFPA, the designation lasts for three years before requiring renewal. The fiscal impact outlined below covers this three-year period.
PMF Consulting Group has proposed three service packages, each with varying offerings. Staff recommends Package B, which includes access of the Resident Management Platform, Bulk & Individual Emailing and Texting, Shared Calendar, Tracking, Marketing Tools, Document Repository, Online Forms, and Reporting.
The costs are as follows:
• Upfront setup and initial outreach: $16,500
• Annual licensing fees: $1,500 per year × 3 years = $4,500 • Ongoing outreach and maintenance: $1,000 per month × 36 months = $36,000 The above costs includes organizing and hosting Firewise Community meetings, developing educational materials, tracking and reporting, and assisting with wildfire grants.
Total Cost for 3 Years: $57,000
After the initial setup and any annual renewal fees, the City is not obligated to continue the $1,000 monthly maintenance fee if it determines that ongoing education and outreach are no longer beneficial.
The total cost not to exceed $57,000 will be paid from the City’s general fund.
Since this is not originally appropriated in our current FY2024-25 budget, a budget adjustment of $19,500 is recommended to cover the cost of this agreement ($16,500 upfront payment plus $3,000 monthly fees for April, March and June 2025.
Additionally, staff are exploring potential federal and state grants that may offset some of these costs.
RECOMMENDATION
Staff recommends City Council: approve a Services Agreement with PMF Consulting Group not to exceed $57,000 to begin the process of facilitating the City of Hidden Hills becoming a recognized Firewise Community. If the City Council concurs, an appropriate motion would be:
“I move to approve a Services Agreement with PMF Consulting Group not to exceed $57,000 to facilitate the City of Hidden Hills' recognition as a Firewise Community.”
Approval of an agreement with PMF Consulting Group to conduct the work necessary for Firewise USA Community Recognition
ATTACHMENTS
1. Draft Services Agreement with Peter Fehler PMF Consulting Group Larry G. Weber, Mayor
Joe Loggia, Mayor Pro Tem
Eniko Gold, Council Member
Laura McCorkindale, Council Member
Adam Wasserman, Council Member
TO: Honorable Mayor and City Council
FROM: Gloria Molleda, Interim City Manager
BY: Deana L. Gonzalez, CMC, City Clerk
DATE: March 10, 2024
SUBJECT: RENEWAL OF PUBLIC HEALTH SERVICES CONTRACT WITH LOS ANGELES COUNTY
BACKGROUND
Historically, the City has entered into a standard agreement with the County of Los Angeles for the provision of Public Health Services. This contract shall become effective upon date of execution, and replace all prior contracts for public health service, and shall continue in full force and effect until June 30, 2029. This Contract shall thereafter be automatically renewed for consecutive five (5) year terms, for an indefinite period, without further action by either City or County.
DISCUSSION
The renewal of the subject agreement is necessary to continue to give the City pubic health services by the County's Department of Public Health, for the County's Health Officer to act as the City's Health Officer, and for the County's Department of Public Health to serve as the City's Environmental Health Department.
FISCAL IMPACT
There is no fiscal impact to receiving and filing this report.
RECOMMENDATION
It is recommended that the City Council approve the renewal of the Public Health Services Contract with Los Angeles County. If the City Council concurs, an appropriate motion would be:
"I move to approve the renewal of the Public Health Services Contract with Los Angeles County." ATTACHMENTS:
1. Los Angeles County Department of Public Health Services Contract
City of Hidden Hills – PH-005621
Contract No. PH-005621
DEPARTMENT OF PUBLIC HEALTH
PUBLIC HEALTH SERVICES CONTRACT
THIS CONTRACT “Contract” is made and entered into on _______________ by and between COUNTY OF LOS ANGELES
(hereafter "County")
and CITY OF HIDDEN HILLS
(hereafter "City")
THIS PUBLIC HEALTH SERVICES CONTRACT ("Contract") is made by and between the County of Los Angeles, hereinafter referred to as the "County", and the City of Hidden Hills hereinafter referred to as "City." RECITALS:
The City desires to continue to contract with the County for the performance of public health services by the County’s Department of Public Health (“Public Health”), for the County’s Health Officer to act as the City’s Health Officer, and for the County's Department of Public Health to serve as the City's Environmental Health Department.
The County agrees to continue performing such services on the terms and conditions set forth in this Contract.
This Contract is authorized by California Health and Safety Code Sections 101400 and 101405.
To effectuate public health services for the City, the County and its duly appointed Health Officer shall exercise the powers and duties that are conferred upon local health officers by law.
City of Hidden Hills – PH-005621
The County Health Officer shall fulfill the obligations and exercise the authority conferred by California Health and Safety Code Sections 101470 and 101475 within the territorial jurisdiction of the City in the performance of this Contract.
THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. TERM: This Contract shall become effective upon date of execution, and replace all prior contracts for public health services between the City and County.
This contract shall continue in full force and effect until June 30, 2029. Subject to Section 7 below, this Contract shall thereafter be automatically renewed for consecutive five (5) year terms, for an indefinite period, without further action by either City or County, unless City or County terminates the Contract in the manner set forth in Section 7.
2. PUBLIC HEALTH SERVICES: The County and the County’s Health Officer shall observe and enforce within the territorial jurisdiction of the City all of the following:
a. Orders, quarantine, and other regulations, concerning public health, prescribed by the California Department of Public Health (“CDPH”). b. Statutes relating to public health.
c. Provisions of Los Angeles County Code, Title 11, and any amendments thereto, as adopted by City by ordinance or resolution, to the same extent as they are enforced in the unincorporated area of the County.
3. DESCRIPTION OF PUBLIC HEALTH FUNCTIONS:
a. The performance of all public health services, the standard of performance and other matters incidental to the performance of public health services and observation and enforcement of public health statutes, regulations, ordinances and CDPH orders and guidance shall be determined solely at the discretion of the County Health Officer and/or Director of County
City of Hidden Hills – PH-005621
Public Health. The control of County personnel under this Contract shall remain exclusively with the County.
b. The County agrees to continue to perform for the City such public health services as are authorized or mandated by state laws or regulations related to public health, to be performed by the local health officer or local enforcement agency.
i. Pursuant to California Health and Safety Code section 101045, the County shall investigate health and sanitary conditions in detention facilities operated by the City, if any. County may bill and receive payment from City for inspection and reporting services in the manner provided by Paragraph 4, subsections (g) and (h) of this Contract.
ii. For future enactments of state law or regulation, County agrees to perform public health services that impose a specific duty or obligation on the local health officer to observe or enforce. Should future state law statutory or regulatory enactment related to public health not impose a duty or obligation on the local health officer, City may request in writing that the County perform that public health service. Should County elect to perform that discretionary public health service for City, pursuant to such City request, then County may bill and receive payment from City for inspection and reporting services in the manner provided by Section 4, subsections (g) and (h) of this Contract.
c. The County agrees to continue to perform for the City such public health services as authorized or mandated by provisions of Title 11 of the Los Angeles County Code, and any amendments or additions thereto, that the City has adopted via ordinance or resolution.
i. Should the County Board of Supervisors enact future provisions to or amend existing provisions of Title 11 of the Los Angeles County Code, County will inform the City of the newly enacted provision or amendment via email to the City’s Manager, and describe the
City of Hidden Hills – PH-005621
enacted new provision or amendment and the impact to the services performed under this Contract, if any.
ii. For future ordinances that may be enacted by the Board of Supervisors into Title 11 of the Los Angeles County Code, in order for the County to observe and enforce that enacted ordinance within the City, the City must approve the incorporation of the identical version of that new Title 11 provision into its municipal code via ordinance or by resolution of the City Council. iii. Any future amendments to provisions of Title 11 of the Los Angeles County Code that exist in the City’s Municipal Code at the date of the execution of this Contract, shall be incorporated by the City into its municipal code.
d. The County shall issue public health permits and licenses to permittees located within the City and collect the fees as provided for in Los Angeles County Code, Title 8, Chapter 8.04. Such fees shall be retained by County Public Health for the benefit of County as full compensation for the services performed by the Public Health Director and County Health Officer on behalf of the City.
i. County may, from time to time, amend or alter the public health permit or license fees charged to those individuals or entities required to obtain a public health permit or license pursuant to either state statute or Los Angeles County Code, Title 8, Chapter
8.04. ii. City may not set, collect, or retain public health permit or license fees for any public health service performed by County under this Contract.
e. For the purpose of performing said functions, County shall furnish and supply all necessary labor, supervision, equipment, and supplies necessary to provide the public health services described in this Contract and as necessary to protect the public health, safety, and welfare as determined by Public Health in its sole discretion. All persons employed in
City of Hidden Hills – PH-005621
the performance of public health services and functions under this Contract shall be County personnel.
4. GENERAL TERMS:
a. To facilitate the performance of public health services, City and County will cooperate and assist each other to fulfill the purpose and intent of this Contract.
b. Exhibit A of this Contract, which is attached hereto and incorporated herein, shall provide the language of the City’s Municipal Code, as amended, that reflects the City’s specific adoption of Division 1 of Title 11 of the Los Angeles County Code as of the effective date of this Contract.
Exhibit A may be revised to reflect any changes to the City’s Municipal Code regarding Title 11 of the Los Angeles County Code. c. All persons employed in the performance of such public health duties, functions and services for City shall be County employees or personnel and no City employee shall be supplanted by County, and no person employed by County under this Contract shall have any City pension, civil service, or any status or right.
d. The City shall not be called upon to assume any liability for the direct payment of any salary, wages or other compensation to any County personnel performing services hereunder for the City, or be liable for compensation to or required to indemnify any County employee for injury or sickness arising out of his or her employment.
e. The parties have executed an Assumption of Liability Contract approved by the Board of Supervisors on December 27, 1977, and/or a Joint Indemnity Contract approved by the Board of Supervisors on October 8, 1991. Whichever of these documents the City has signed later in time is currently in effect and hereby made a part of and incorporated into this Contract by reference. In the event that the Board of Supervisors later approves a revised Joint Indemnity Contract, and the City executes the
City of Hidden Hills – PH-005621
revised contract, the subsequent contract as of its effective date shall supersede the contract previously in effect between the parties hereto. f. City is not required to separately reimburse County for the performance or enforcement of any City ordinance or resolution which adopts identical provisions of Los Angeles County Code, Title 11, and its amendments. g. Should City request in writing additional public health services of the County, that are not required by statute, regulation or CDPH Order, or as provided in Title 11 of the Los Angeles County Code, the County may charge the City, at rates approved by the Board of Supervisors, an hourly rate that will reimburse the County for the costs for the provision of those specific public health services.
h. County, through its Director of Public Health, must render to City within twenty (20) calendar days after the close of each calendar month an itemized invoice which covers all extra services performed for City if such services were requested by the City in writing, during said month, and City must pay County within thirty (30) days after date of such invoice. i. If a violation of public health statutes, regulations or ordinances results in a public health hazard within the City, County will notify the City Manager in writing. If the City elects to pursue legal prosecution or abatement, City shall provide to County contact information for counsel that will represent the City or the People in any legal proceeding to abate or mitigate the public health hazard. City shall bear the full cost of such proceedings.
County may bill City on an hourly basis for time spent by County employees participating in such legal proceedings.
5. NOTICES: Notices hereunder must be in writing and may either be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, attention to the parties at the addresses listed below. Public Health Director, or the Director’s designee, is authorized to execute all notices or demands which are required or permitted by County under this Contract.
City of Hidden Hills – PH-005621
Addresses and parties to be notified may be changed by providing at least ten (10) working days prior written notice to the other party.
A. Notices to County must be addressed as follows:
(1) Department of Public Health
Environmental Health – Administrative Headquarters
5050 Commerce Drive
Baldwin Park, California 91706
Attention: Director, Environmental Health
E-mail: [email protected]
(2) Department of Public Health
Contracts and Grants Division
5555 Ferguson Drive, 2nd Floor, Suite 210
Commerce, CA 90022
Attention: Division Director
Email: [email protected]
(3) Department of Public Health
Office of the Director
Attention: Director, Public Health
313 North Figueroa Street
Los Angeles, CA 90012
Email: [email protected]
B. Notices to City must be addressed as follows:
(1) City of: Hidden Hills
Attention: City Manager
6165 Spring Valley Road
Hidden Hills, CA 91302
Email: [email protected]
Phone: (818) 888-9281
6. GOVERNING LAW, JURISDICTION, AND VENUE: This Contract will be governed by, and will be construed in accordance with, the laws of the State of California. City agrees and consents to the exclusive jurisdiction of the courts of the State of California or the United States Courthouse, Central District, Western Division, for all purposes regarding this Contract and further agrees and consents
City of Hidden Hills – PH-005621
that venue of any action brought under this Contract shall be exclusively in the County of Los Angeles.
7. TERMINATION FOR CONVENIENCE: The performance of services under this Contract may be terminated, with or without cause, in whole or in part, from time to time when such action is deemed by County or City to be in their own best interest. Termination of services hereunder shall be effectuated by the delivery of an advance written Notice of Termination of the entire Contract by one party to the other at least one hundred and eighty (180) calendar days prior to July 1 of the following calendar year. The termination of services may only be effective on July 1 of the calendar year, so as to assure no lapse in public health and local health officer services to the residents of City.
8. ALTERATION OF TERMS/AMENDMENTS: The body of this Contract and any Exhibits attached hereto, and documents incorporated by reference, fully expresses all understandings of the parties concerning all matters covered and shall constitute the total Contract. No addition to, or alteration of, the terms of this Contract, whether by written or verbal understanding of the parties, their officers, employees or agents, shall be valid and effective unless made in the form of a written amendment to this Contract which is formally approved and executed by the parties in the same manner as this Contract.
9. INDEPENDENT CONTRACTOR STATUS: This Contract is by and between the County and City and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, as between the County and City. The employees and agents of one party shall not be, or be construed to be, the employees or agents of the other party for any purpose whatsoever.
City of Hidden Hills – PH-005621
10. NO INTENT TO CREATE A THIRD-PARTY BENEFICIARY CONTRACT:
Notwithstanding any other provision of this Contract, the parties do not in any way intend that any person shall acquire any rights as a third-party beneficiary under this Contract.
11. VALIDITY: If any provision of this Contract or the application thereof to any person or circumstance is held invalid, the remainder of this Contract and the application of such provision to other persons or circumstances shall not be affected thereby.
12. WAIVER: No waiver by the County of any breach of any provision of this Contract shall constitute a waiver of any other breach or of such provision.
Failure of the County to enforce at any time, or from time to time, any provision of this Contract shall not be construed as a waiver thereof. The rights and remedies set forth in this paragraph shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract. /
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City of Hidden Hills – PH-005621
IN WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles has caused this Contract to be subscribed by its Director of Public Health, and Contractor has caused this Contract to be subscribed in its behalf by its duly authorized officer, the month, day, and year first written above.
CITY OF HIDDEN HILLS COUNTY OF LOS ANGELES
By: ____________________________ By: _____________________________ Gloria Molleda Barbara Ferrer, Ph.D., M.P.H., M.Ed.
Interim City Manager Director
Date: ___________________________ Date: ___________________________
APPROVED AS TO FORM APPROVED AS TO FORM
BY THE OFFICE OF THE CITY ATTORNEY BY THE OFFICE OF THE COUNTY COUNSEL LAUREN LANGER, City Attorney DAWYN R. HARRISON, County Counsel By: ____________________________ APPROVED AS TO CONTRACT City Attorney ADMINISTRATION:
Department of Public Health
Date: ___________________________
By: _____________________________
Contracts and Grants Division
ATTEST:
DEANA L. GONZALEZ, City Clerk
Date: ___________________________
By: ____________________________
City Clerk
Date: ___________________________
(AFFIX CORPORATE SEAL HERE)
#07642:db
HIDDEN HILLS – PH-005621
Exhibit A:
CITIES - HEALTH OFFICER - ADOPTION OF COUNTY CODE
HIDDEN HILLS
ADOPTION OF OUR COUNTY CODE TITLE 8 & TITLE 11
3-2-1: - PUBLIC HEALTH CODE ADOPTED.
A.Except as provided herein, Title 11, Health and Safety, Division 1, Health Code of the Los Angeles County Code, as amended and in effect on December 1, 2018, is hereby adopted by reference as the Health Code of the City. One copy of said Health Code shall be maintained by the City Clerk on file in the offices of the City for use and examination by the public. In the event that any conflict or ambiguity arises between the provisions of the Health Code adopted in this section and any other provisions of the Hidden Hills Municipal Code, the provisions of the Hidden Hills Municipal Code shall prevail.
B.Section 8.04.420 of Title 8, Consumer Protection, Business and Wage Regulations, of the Los Angeles County Code, as amended and in effect on December 1, 2018 is hereby adopted by reference to be incorporated as part of the Health Code of the City. One copy of said section shall be maintained by the City Clerk on file in the offices of the City for use and examination by the public. In the event that any conflict or ambiguity arises between the provisions of this section (8.04.420) adopted herein and any other provisions of the Hidden Hills Municipal Code, the provisions of the Hidden Hills Municipal Code shall prevail. 3-2-3: - PUBLIC HEALTH LICENSES REGULATIONS ADOPTED.
Except as provided herein, Title 8, Consumer Protection and Business Regulations, Division 1, Public Health Licenses of the Los Angeles County Code, as amended and in effect on March 1, 1998, is hereby adopted by reference as the Public Health Licenses Regulations of the City of Hidden Hills. One copy of said Public Health Licenses Regulations shall be maintained by the City Clerk on file in the offices of the City for use and examination by the public. In the event that any conflict or ambiguity arises between the provisions of the Public Health Licenses Regulations adopted in this section and any other provisions of the Hidden Hills Municipal Code, the provisions of the Hidden Hills Municipal Code shall prevail. (Ord. 291, 3-23-98)
CITY MUNICIPAL CODE EXCLUSION OF SPECIFIC PUBLIC HEALTH SERVICES None
.
.
Larry G. Weber, Mayor
Joe Loggia, Mayor Pro Tem
Eniko Gold, Council Member
Laura McCorkindale, Council Member
Adam Wasserman, Council Member
TO: Honorable Mayor and City Council
FROM: Gloria Molleda, Interim City Manager
DATE: March 10, 2025
SUBJECT: AUTHORIZATION FOR SERVICES – MUREAU ROAD/ROUND MEADOW LANDSCAPE
AND HARDSCAPE CONSTRUCTION DOCUMENTS AND ADMINISTRATION
BACKGROUND
The City of Hidden Hills has engaged StudioMA to assist with several architectural and landscaping projects, including the Round Meadow/Mureau Road entrance landscaping project. On November 9, 2020, the City Council approved a conceptual design prepared by L. Newman Design Group for the Round Meadow/Mureau Road Entry Landscaping Project. In May 2021, the City Council entered into an agreement with StudioMA to modify the original design.
The Round Meadow/Mureau intersection landscaping project was approved in the FY 2024-25 budget, and resuming the project requires direction and decisions from the City Council.
DISCUSSION
As part of the ongoing project efforts, Camille Mugrdechian-Armen of StudioMA will provide a presentation on the status of the Round Meadow/Mureau Road entrance project, answer any Council questions, and seek further direction to move the project forward. Once the Council confirms its commitment to proceeding, StudioMA will work with the Council Subcommittee (Council Member Gold and Council Member McCorkindale) on design, scope, budget, and timeline recommendations.
StudioMA’s scope of work includes:
• Construction Documentation:
o Demolition plans
o Hardscape layout and finishes
o Power, lighting, and data location plans
o Landscape plans, including trees, shrubs, and groundcover o Irrigation prescriptive concept plan
o Material and finish schedules
• Construction Administration:
o Coordination with the City and general contractor
o Site visits to ensure design compliance
o Weekly construction meetings
Authorization for Services-Mureau Road/Round Meadow Project
o Final inspection and punch list review
o Post-occupancy walkthrough after completion
Grant funding has been identified for the Round Meadow/Mureau Road Landscaping Project, and timesensitive deadlines require that the City move forward promptly to secure and utilize these funds.
FISCAL IMPACT
Funding for this project is included in the FY 2024-25 budget and consists of both grant funding and local funds. Funding sources for the Round Meadow/Mureau Road Landscaping Project include:
• SB1 Gas Tax (for improvements within the road right-of-way only) – $140,000 • County Prop C (for improvements within the road right-of-way only) – $260,000 • Measure R (for pedestrian, bicycle, and traffic improvements only) – $100,000 • Measure M (for pedestrian, bicycle, and traffic improvements only) – $100,000 It is important to note that while SB1 Gas Tax funds do not lapse, all other funds have time restrictions.
Prop C, Measure R, and Measure M funds begin reducing annually after June 30, 2025, and must be fully used by June 30, 2028. Given these constraints, it is essential to move the project forward in a timely manner to maximize available funding.
RECOMMENDATION
Given the approved budget allocation and available grant funding, staff recommends that the City Council approve the Authorization for Services (AfS #2E) with StudioMA, Inc. for the Round Meadow/Mureau Road landscaping project, ensuring its timely completion before grant fund deadlines expire.
If the Council concurs, an appropriate motion would be:
"I move to approve the Authorization for Services #2E with StudioMA, Inc. for the construction documentation and administration of the Round Meadow/Mureau Road landscaping project and authorize the City Manager to execute the agreement."
ATTACHMENTS
1. Professional Services Agreement with StudioMA
2. Authorization for Services #2E
1 AGREEMENT BETWEEN THE CITY OF HIDDEN HILLS AND
STUDIO MA TO PROVIDE CONSTRUCTION DOCUMENTATION
AND CONSTRUCTION ADMINISTRATION
NAME OF CONTRACTOR: Studio MA_________________
RESPONSIBLE PRINCIPAL: Camille Mugrdechian-Armen
ADDRESS, PHONE AND FAX: 22231 Mulholland Highway, Suite 201 Calabasas, CA 91302 _____________
Phone: (818) 225-2440
Email: [email protected]
CITY'S ADDRESS: City of Hidden Hills
6165 Spring Valley Road
Hidden Hills, CA 91302
(818) 888-9281
(818) 719-0083 (fax)
[email protected]
CONSIDERATION: Not to Exceed $126,600
2 AGREEMENT BETWEEN THE CITY OF HIDDEN HILLS AND
STUDIO MA FOR CONSTRUCTION DOCUMENTATION AND
ADMINISTRATION SERVICES
THIS AGREEMENT is made and entered into this 10th day of March, 2025, by and between the City of Hidden Hills (hereinafter called "CITY"), and StudioMA (hereinafter called "CONTRACTOR").
RECITALS
A. CITY has determined that it requires certain services as set forth in CONTRACTOR’S proposal attached hereto and incorporated herein as Exhibit A (“services”).
B. CONTRACTOR represents that it is qualified and able to perform the services.
NOW, THEREFORE, the parties agrees as follows:
Section 1. CONTRACTOR'S Services. CONTRACTOR shall perform the services as described in Exhibit A to the full satisfaction of CITY.
Section 2. Time of Performance. CONTRACTOR shall perform the services on or by the Termination Date set forth above, unless a later date is agreed to in writing by the City Manager.
Section 3. Compensation. CITY agrees to compensate CONTRACTOR, and CONTRACTOR agrees to accept in full satisfaction for the services required by this Agreement the Consideration set forth above and more particularly described in Exhibit A attached hereto and incorporated herein. Said Consideration shall constitute reimbursement of CONTRACTOR'S fee for the services as well as the actual cost of any equipment, materials, and supplies necessary to provide the services (including all labor, materials, delivery, tax, assembly, and installation, as applicable).
CITY shall pay CONTRACTOR said Consideration in accordance with the schedule of payment set forth in Exhibit B.
Section 4. Independent Contractor. CONTRACTOR is and shall at all times remain, as to CITY, a wholly independent contractor. Neither CITY nor any of its agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR'S employees, except as herein set forth.
CONTRACTOR shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.
Section 5. Assignment. This Agreement may not be assigned in whole or in part by either party, without the prior written consent of CITY.
Section 6. CONTRACTOR: Responsible Principal. The Responsible Principal set forth above shall be principally responsible for CONTRACTOR'S obligations under this Agreement and shall 3 serve as principal liaison between CITY and CONTRACTOR. Designation of another Responsible Principal by CONTRACTOR shall not be made without the prior written consent of CITY.
Section 7. Personnel. CONTRACTOR represents that it has, or shall secure at its own expense, all personnel required to perform CONTRACTOR'S services under this Agreement.
CONTRACTOR may associate with or employ associates or subcontractors in the performance of its services under this Agreement, but at all times shall be responsible for their services.
Section 8. Interests of CONTRACTOR. CONTRACTOR affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having any such interest shall be employed by or be associated with CONTRACTOR.
Section 9. Insurance.
(a) CONTRACTOR shall submit to CITY certificates indicating compliance with the following minimum insurance requirements not less than five working days prior to the beginning of performance under this Agreement.
(i) Worker's Compensation Insurance to cover its employees, if any, as required by the California Labor Code. CONTRACTOR shall require all subcontractors similarly to provide such compensation insurance for their respective employees.
(ii) Comprehensive General Liability Insurance, with minimum limits of One Million Dollars ($1,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by CONTRACTOR. Excess of Umbrella Liability Insurance if used to meet the limit requirements set forth herein, shall provide coverage at least as broad as specified for the underlying coverage. (iii) Automobile insurance in at least the minimum amounts required by state law for any automobile used for business purposes with the City.
(iv) If required by the City Manager, Professional liability or errors and omissions insurance in an amount not less than $1,000,000.00 per claim and in the aggregate or such other limits as are agreed to in writing by CITY.
Such policies of insurance shall cover the operations of CONTRACTOR pursuant to the terms of this Agreement; shall name and list CITY, its officers, agents, volunteers, employees, and attorneys as additional insureds; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; shall be placed with a current A. M.
Best's rating of no less than A VII; shall be primary as respects CITY's officers, agents, volunteers, employees and attorneys and shall include provisions for waiver of subrogation; shall provide that coverage shall not be suspended, voided, canceled or reduced in coverage or limits except after thirty (30) days notice by certified mail has been given to CITY; and shall include a severability clause. 4 Any insurance or self-insurance maintained by CITY shall be excess of CONTRACTOR’S insurance and shall not contribute with it. CONTRACTOR hereby waives all rights of subrogation against CITY.
(b) CONTRACTOR shall not commence the performance of the services until the above insurance has been obtained and certificates of insurance have been filed with and approved by CITY.
Procurement of insurance by CONTRACTOR shall not be construed as a limitation of CONTRACTOR'S liability or as full performance of CONTRACTOR’S duties to indemnify, hold harmless, and defend under this Agreement.
(c) CONTRACTOR shall require all its subcontractors, including each person or entity responsible for the provision of services hereunder, to be covered by similar insurance. (d) Any self insured retainers or deductibles shall be subject to CITY approval.
Section 10. Indemnification. CONTRACTOR agrees to indemnify, hold harmless and defend CITY, City Council and each member thereof, and every officer, employee and agent of CITY, from any liability or financial loss (including, without limitation, attorneys fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONTRACTOR, its agents, employees, subcontractors or invitees including any person or entity responsible for the provision of services hereunder in the performance of this Agreement.
Section 11. Termination. CITY may cancel this Agreement at any time with or without cause upon five (5) days prior written notice to CONTRACTOR. CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of such notice. In the event of termination or cancellation of this Agreement by CITY, CITY shall pay for services satisfactorily completed before the termination.
Section 12. Notice. Any notices, bills, invoices or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand during receiving party’s regular business hours or by facsimile before or during receiving party’s regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid, to the addresses set forth above, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.
Section 13. Attorney’s Fees. In the event that CITY or CONTRACTOR commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney’s fees.
Section 14. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and CONTRACTOR, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both CITY and CONTRACTOR.
5 Section 15. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.
Section 16. Precedence. In case of conflict between CONTRACTOR’S Proposal attached as Exhibit A and this Agreement, this Agreement shall take precedence over CONTRACTOR’S Proposal.
Section 17. City Not Obligated to Third Parties. The CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.
Section 18. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.
Section 19. Ownership of Work Product. If applicable, all reports, documents or other written material developed by CONTRACTOR in the performance of this Agreement shall be and remain the property of CITY without restriction or limitation upon its use or dissemination by CITY.
Section 20. Confidentiality. If applicable, all reports, information, data and exhibits prepared or assembled by CONTRACTOR in connection with the performance of its services pursuant to this Agreement are confidential until released by CITY to the public and CONTRACTOR agrees that they shall not be made available to any individual or organization without prior written consent of CITY.
All such reports, information, data and exhibits shall be delivered to CITY upon demand without additional cost or expense to CITY.
CITY OF HIDDEN HILLS
___________________________________
Larry Weber, Mayor
ATTEST:
________________________________
Deana L. Gonzalez, CMC, City Clerk
CONTRACTOR
Name
Title
EXHIBIT A
Scope of Services/Rates
See attached.
6 EXHIBIT B
Payment Schedule
Upon completion of the services required by this Agreement, CONTRACTOR shall submit an itemized statement to City for its services performed, which shall include documentation setting forth in detail a description of the services rendered based on the rates herein. CITY shall pay CONTRACTOR the amount of such billing within thirty (30) days of receipt of same.
7 StudioMA, Inc. 22231 Mulholland Highway, Suite 201, Calabasas, CA 91302 (818) 225-2440 fax (818) 225-2444 www.StudioMAinc.com StudioMA
A UTHORIZATION FOR S ERVICES #2 F
Client
City of Hidden Hills
Date
3/7/2025
Project
City of Hidden Hills – Mureau Road / Round Meadow
Landscape and Hardscape
Construction Documents /Construction
Administration (limited to yellow area)
Page
1 of 8
Base Contract /Date
AIA Document B105-2017 – (hand note date ________/)
Project Number
HH002305.02f
Terms and
Conditions StudioMA, Inc. Standard Terms (01/01/2024)
Date of Services
to Begin TBD
Services not
included in this
Authorization for
Services (list is not
exhaustive)
Outside Consultant Services except as noted. Those
services not specifically noted in scope listing. Creation of CAD as-built and base plans. Creation of path of travel plans and comprehensive ADA studies/evaluations.
Base Building modifications and evaluations. Parking
studies and plans. Work outside of the City boundary.
ADA upgrades are also excluded. Services provided
beyond January 2026. Please see last page for additional items.
Fee
Hourly based
on StudioMA,
Inc. 2024
Standard rate
schedule.
Phase 4 and 5
$57,245 Plus
Reimbursable
Expenses.
Consultant Fees
$73,600 Plus
Reimbursable
Expenses.
Services requested
by Gloria Molleda to Camille Mugrdechian-Armen
Client Authorization Date
StudioMA, Inc.
Authorization by
Date
The above Authorization is for Services to be performed by StudioMA, Inc. and are listed below:
Scope
Development of the Construction Documents and Construction Administration of the approved design concept (issued 11/17/22). The project schedule duration is defined as starting after execution of this agreement and deposits are received. All services are to be completed prior to November 2025.
Phase One
NIC – completed under separate cover.
Phase Two
NIC – completed under separate cover.
Phase Three
Design Development - minor modification to approved design concept completed under separate cover (AfS1 – 2/01/2022). Incorporation of the design directives provided by The City of Hidden Hills:
Remove gazebo and replace with feature oak, remove bench and water fountain, remove low garden wall/stone at corner (west side) at Mureau Road and Round Meadow. Add east corner (max 100 sq ft) within the City of Hidden Hills (noted as boundary area).
Phase Four
Construction Documentation
A. Construction Documentation
We will allocate documentation time to accommodate anticipated review by the city and submission to the building department (building and safety div.). Documents will be developed on the As-Built documents provided by your office (dated 5/2007). Construction Documentation will be developed for Project
City of Hidden Hills
Project Location
Hidden Hills, CA
Date
March 7 2025 2
Scope Continued
StudioMA, Inc.
areas within the City limit, after approval of a project budget and definition of scope which need to be submitted to the building department, and to allow you to obtain the required permits:
Demolition plans
Necessary construction details (low wall details, amenities and features etc.) Power, lighting and data location plans
Elevations and enlarged plans to communicate design
Refined plant concept plan including plant locations, sizes and species (excludes planting plan, soil modification specifications) Includes Garden spaces, tree, groundcover, shrub and vine planting plan.
Hardscape layout and finishes.
Finish schedules including wall cladding, pavers, fences, treillage and bollards. Sections
Irrigation prescriptive concept plan, including appropriate water distribution systems to service permanent, automated irrigation systems, will be prepared. Irrigation plans will include sleeving location in a schematic format. (Detailed irrigation plans and point of connection to be design-build by general contractor after demo and construction phases).
Upon completion of the Construction Documents, StudioMA, Inc. and the consultants will submit the documents for plan check and provide two reviews of the plan check corrections. Once approval is secured, your selected contractor may obtain the permit and commence construction.
Engineering and other Consultants
StudioMA, Inc. will initiate coordination with your other consultants in connection with the Construction Document Phase.
We have included fees for Plant location and specification scope, hardscape layout (excludes structural engineering – this scope to be provided under separate cover), Electrical (limited) engineering and lighting (limited) for feature tree/plant and path lighting only (dark skies to be incorporated in specifications of lighting).
An additional meeting has also been planned to coordinate the efforts of your technology and security consultant teams if requested.
We will forward reproducibles of our drawings (backgrounds), to your engineers and consultants, to show the location of intended design elements that influence the layout of engineering systems.
Please note this scope does not include ADA compliance verification or field verification of existing conditions and as-builts. This scope to be provided by The City of Hidden Hills vender/consultant.
Final irrigation plan and As-built plans, (maintenance manual to be provided by general contractor) and recycled water systems, if added to the project, are to be provided by the selected general contractor as a design-build project approach. Exiting curb, curb cut and utilities to remain (excluded).
Project
City of Hidden Hills
Project Location
Hidden Hills, CA
Date
March 7 2025 3
Scope Continued
StudioMA, Inc.
Phase Five
Construction Administration
B. Construction Administration
Please note: General Contractor to confirm duration of construction (for this proposal, construction has been estimated at 30 weeks maximum duration for the purposes of developing a future proposal, with a target completion date prior to November 2025.
It is our understanding that the entire site will be available for construction in one phase.
Upon initiation of construction, StudioMA, Inc. will attend one weekly construction meeting (based on a 30-week construction schedule, plus 2 weeks after substantial construction phase, to support closeout of any outstanding items):
We would anticipate allocating 18 site visits during construction and will be available to answer questions and review submittals, as requested by your General Contractor, submitted to our office.
StudioMA, Inc. will work with your representative during the performance of the work. StudioMA, Inc. will have the authority to act on behalf of the Client, only to the extent provided in the Construction Documents.
Site visits would typically include:
Observation of paving layouts and quality of workmanship of materials installation Observation of location of quality and quantity of plant materials Overview of location and quality and coverage of irrigation systems.
At substantial completion of the construction and furniture installation, a final inspection will be conducted. StudioMA, Inc., will review the general contractor and furniture dealer punch lists (which address apparent work defects and omissions). StudioMA, Inc. will walk the space with your representative, to identify any problems or concerns. Notes and comments of the walk will be documented by StudioMA, Inc., for your use in the close out and final payment of the project.
After completion, we will conduct a post occupancy walk-thru, at approximately 30 days after move-in, to review with you any new or unresolved items. After the walk through, we will revise the outstanding items list, if necessary, noting action items and team members, for follow-up. We will distribute the listing to all team members and provide you with their responses and estimated completion times.
Project
City of Hidden Hills
Project Location
Hidden Hills, CA
Date
March 7 2025 4
Scope Continued
StudioMA, Inc.
DESIGN FEES – 6165 Spring Valley Road, Hidden Hills Mureau Road/Round Meadow corner Landscape renovation.
We have estimated the fees based on your project budget which is defined as not to exceed $800,000.
All services to run concurrently with the planned Council Chamber Renovation, and to include services to be provided prior to November 2025.
Project budget
Phase One Under $800,000
Programming and Concept
Space Planning NIC
Phase Two
Schematic Design NIC
Phase Three
Design Development $ 4,000
Phase Four (area 1)
Construction Documentation $ 32,895
Plan Check (estimate) TBD $ 4,000
Phase Five
Construction Administration TBD (18 site visits) $ 16,350 TOTAL DESIGN FEE $ 57,245*
Consultant services
Cost Estimating – CP O’Halloran Associates (per estimate) One $ 8,600* Joel Serafin, CASp ADA consultant (Not to exceed 6 hours) $ 1,500* M & M Co California Land Surveyor $ 3,600*
Syska Elec Engineering (excludes utilities and plumbing) $ 43,200* Lighting design and title 24 eval (area 1 only) ** $ 11,700* Civil Engineer $ 5,000*
TOTAL Consultant FEE $ 73,600*
Consultant coordination services
StudioMA, Inc. consultant coordination fee 10% $ 7,360* Fees do not include allowances for As-built creation,
Fees do not include standard reimbursable expenses. Estimated to be approximately 10%.
Fees do not include new design rendering, renderings to be provided under separate cover if requested.
Additional Services
If the scope of the project or schedule for any phase of the project is increased, compensation shall be revised accordingly. StudioMA, Inc. will notify you in writing of any additional services prior to proceeding with the work.
StudioMA, Inc. is happy to provide other services as your project needs change or expand such as:
Programming
Revisions or additions to the approved SD/Design Development except removal of the gazebo Site or parking evaluations
Work outside of the defined landscaped area (Area 1 yellow and area 2 blue within city limit only) Work impacting existing perimeter, streetscape or curb cuts Graphics and signage
Field verification or creation of CAD background floor plans Project
City of Hidden Hills
Project Location
Hidden Hills, CA
Date
March 7 2025 5
Scope Continued
StudioMA, Inc.
As-built documentation or verification of site and irrigation (to be provided by general contractor) Exterior soil amendment specifications and plant materials Furniture inventory/Custom Furniture Systems
City utilities and street lighting
Preparation of final budgets and schedules (to be provide by your general contractor) ADA/code compliance studies and design except as noted (6 hours) Design of custom woodwork or art/sculpture
Artwork, sculpture, and accessory selection
Bidding, Negotiation or Plan Check Services
Staging and coordination.
LEED and sustainability specifications for xeriscape
Storm water services and Cistern area or related work Path of Travel plans - ADA/code compliance studies
3D renderings and virtual walk-through presentations and Models Phased construction.
Entitlements and permit support including County and LVUSD (beyond ten hours). Environmental impact and mitigation work
Water barrier consulting or evaluation
PAYMENT TERMS
The client shall compensate StudioMA, Inc. as follows:
1. Payments for Basic Services shall be made monthly in proportion to the hours accrued for the preceding month.
2. For Additional Services of StudioMA, Inc. or their Consultants, or any other services agreed to in writing, compensation shall be computed on a time basis and paid monthly in proportion to the hours accrued for the preceding month.
3. Payments for Reimbursable Expenses shall be made monthly upon presentation of StudioMA, Inc.’s statement of expenses incurred for the preceding month.
4. Invoices shall be paid within 30 days of receipt. StudioMA, Inc. shall have the right to suspend the performance of its services hereunder at any time if such payments are not received within forty five days from the date of the invoice. Payments due StudioMA, Inc. and unpaid under this agreement shall bear interest at the rate of 18% per annum, or in the absence thereof, at the legal prevailing rate at the principal place of business of StudioMA, Inc.
5. If the scope of the Project or of StudioMA, Inc.’s services are changed materially, the amounts of compensation shall be equitably adjusted.
6. No deductions shall be made from StudioMA, Inc.’s compensation on account of penalty, liquidated damages of other sums withheld from payments to Contractors, or on account of the costs of changes in the work, other than those for which StudioMA, Inc. is held legally liable.
7. “Open Book Policy”: Records of Reimbursable Expenses and expenses pertaining to Additional Services shall be kept on the basis of generally accepted accounting principles and shall be available to the Client or the Client’s authorized representative at mutually convenient times.
Project
City of Hidden Hills
Project Location
Hidden Hills, CA
Date
March 7 2025 6
Scope Continued
StudioMA, Inc.
8. A retainer is required for all projects prior to the start of work (estimated at 10% of the total fee less reimbursable charges). The retainer will be held and billed against the final invoice for the project at close-out.
CLIENT’S RESPONSIBILITIES
The Client shall provide full reliable information regarding its requirements for the Project and shall designate a single Project Representative authorized to act in its behalf. All information provided by the Client shall be held in confidence by StudioMA, Inc. and shall be released only to the extent necessary for StudioMA, Inc. to perform its services hereunder. The Client shall cooperate with StudioMA, Inc. and provide timely input, responses, selections and approvals in good faith. The Client shall provide documentation confirming area of work and relevant jurisdictions,
GOVERNING LAW
This Agreement is made in, and shall be governed, enforced and construed under the laws of the State of California, and the Client consents to jurisdiction in the Los Angeles Superior Court, Los Angeles County, California, for each and every matter arising hereunder.
ENTIRE AGREEMENT
This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof, and shall supersede and replace all prior understandings and agreements, whether verbal or in writing. The parties confirm and acknowledge that there are no other promises, covenants, understandings, agreements, representations or warranties with respect to the subject matter of this Agreement except as expressly set forth herein. Time is of the essence with respect to the obligations to be performed under this Agreement.
Schedules and budgets referenced in this agreement are for the development of this agreement only an have not been reviewed or presented based on the final approved design.
MODIFICATION
This Agreement may not be modified, amended or terminated except pursuant to a written instrument duly executed and acknowledged by the parties hereto, or their successors in interest.
ATTORNEYS’ FEES
In the event any party hereto shall bring any action against the other with respect to the breach, interpretation or enforcement of this Agreement, the losing party in such proceeding shall reimburse the prevailing party for all reasonable costs of litigation, including reasonable attorney’s fees, in such amount as may be adjudicated by the tribunal having jurisdiction over the subject matter of the dispute, including matters on appeal.
OWNERSHIP AND USE OF DOCUMENTS
Drawings, Schedules and Specifications as instruments of the service hereunder, including but not limited to documents, data, studies, surveys, drawings, specifications, field notes, maps, models, photographs, preliminary reports, reports, bid packet/construction contract documents/advertisement for bids incorporating any Client standard provisions, or any other work product, are and shall remain the property of StudioMA, Inc, whether the Project for which they are prepared is executed or not. Client warrants that in transmitting instruments of service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. The Client shall be permitted to retain copies, including reproducible copies of drawings, schedules and specifications for information and reference in connection with the Client’s use and occupancy of the Project. AutoCAD documents and electronic files are not a Project
City of Hidden Hills
Project Location
Hidden Hills, CA
Date
March 7 2025 7
Scope Continued
StudioMA, Inc.
part of this agreement. The drawings, schedules and specifications shall not be used by the Client on other Projects, for additions to this Project, or for completion of this Project by others, provided StudioMA, Inc. is not in default under this Agreement, except by agreement in writing and with appropriate compensation to StudioMA, Inc...
Submission or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of StudioMA, Inc.’s rights.
StudioMA, Inc. shall be given full credit for the design of the Project within this scope. If photographs of the Project are taken by StudioMA, Inc. they will maintain ownership with the photographer for marketing use. StudioMA, Inc. will prepare press material describing the design concept of the Project, and will obtain approval from the Client, prior to release to the media.
Upon execution of this Agreement, StudioMA, Inc. grants to the Client a nonexclusive license to use StudioMA, Inc.’s instruments of service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Client substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. No guarantee is being offered regarding schedule including submittal review times and relevant agency review times.
ACCESS TO THE SITE
StudioMA, Inc. shall have access to the Project site at all reasonable hours and shall be permitted to photograph the Project before and during construction, and upon completion for its records and future use. Photographs of the Project shall not be available for public use without Client’s prior written approval.
NOTICE TO CURE DEFAULT
In the event of a default under the terms of this Agreement, the non-offending party shall serve a written Notice to Cure on the offending party by fax, email, overnight mail, or personal delivery, giving the offending party ten (10) days to cure the default provided, however, that if the default is of a non-monetary nature and it necessarily cannot be cured within said ten (10) day period, the non-offending party shall be given such additional period of time as may be reasonably necessary to cure the default provided that the offending party commences the cure within said ten (10) day period and proceeds diligently thereafter to complete such cure. If, after expiration of the cure period, said default has not been cured, then the non-offending party may serve the written notice of termination as set forth in the following section.
TERMINATION OF AGREEMENT
This Agreement may be terminated by either party upon seven (7) days written notice, delivered to the other party by fax, email, overnight mail, or personal delivery, should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. The written notice of termination must state clearly and specifically the reasons for termination of the Agreement, and the notice must contain an explicit warranty that any alleged default(s) under the Agreement have gone uncured after written notice and opportunity to cure. In the event of termination due wholly to the fault of parties other than StudioMA, Inc., StudioMA, Inc. shall be paid its compensation for services performed to termination date, including Reimbursables then due.
MEDIATION
Any claim, dispute or other matter in question arising out of or related to this Agreement shall be submitted to senior management for each party for attempted resolution, and then if not resolved shall be referred to non-binding mediation, as a condition precedent to recovery of legal fees by either party in a lawsuit. Provided, however, if such matter relates to or is the subject of a lien arising out of StudioMA, Inc.’s services, StudioMA, Inc. may proceed in accordance with applicable law to comply with the lien notice or recording/filing deadlines prior to submission of the matter to mediation.
Project
City of Hidden Hills
Project Location
Hidden Hills, CA
Date
March 7 2025 8
Scope Continued
StudioMA, Inc.
The Client and StudioMA, Inc. shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association (in accordance with its Construction Industry Mediation Procedures), ADR Services, Inc. or JAMS, unless the parties agree on a mediation administered by a mutually selected mediator. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity administering the mediation. If a party refuses to participate in mediation or to pay its share of the mediation fees in advance, the other party proceeds with legal proceedings and the party which refused to participate in the mediation shall be barred from recovery of its legal fees.
The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the County where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. If the parties do not resolve a dispute through mediation pursuant to this Section, the method of binding dispute resolution shall be litigation in a court of competent jurisdiction.
SUCCESSORS AND ASSIGNS
The Client and StudioMA, Inc. each binds itself, its successors and assigns to this agreement. Neither the Client nor StudioMA, Inc. shall assign or transfer its interest in this Agreement without written consent of the other.
LIMITATIONS OF LIABILITY
The Client agrees to limit StudioMA, Inc.’s liability to the Client and all Contractors and Subcontractors on the Project, due to negligent acts, errors and omissions, such that the aggregate liability to all those named shall not exceed the amount paid to StudioMA, Inc. for Basic Services. --------------------------------------------------------------------------------------------------------------------- Please indicate your acceptance of this Agreement by signing both originals and returning them to StudioMA, Inc.
In turn, I will sign, date and return one original to you for your records.
Respectfully submitted,
StudioMA, Inc APPROVED AND ACCEPTED
________________________ ________________________
Date ____________________ Date_____________________