36 You know the hype man at concerts? That’s “
Susanne at a public meeting.
Susanne brings more than 20 years of
experience leading community outreach,
public participation and communications
for some of California’s most complex
public projects. As one of only three IAP2
Certified Public Participation Professionals
(CP3) in the state, she is a trusted expert in
designing meaningful engagement that builds
credibility, strengthens relationships and
supports informed decision-making.
With leadership experience in public and
private sectors, she has a rare 360-degree
understanding of how agencies, consultants
and communities connect. At JPW, Susanne
leads the community outreach and public
participation practice, known for simplifying
technical topics, building trust and delivering
measurable, defensible results.
A former college athlete, Susanne brings
that same energy to her leadership at JPW.
She is committed to continuous learning,
uses practical tools to help teams collaborate
effectively and actively mentors staff to support
a healthy, high-performing culture.
Before joining JPW, she served as community
relations manager for the City of Carlsbad and
worked for two public affairs firms supporting
government, building, real estate and
development clients.
SUSANNE BANKHEAD
SENIOR VICE PRESIDENT
Project
experience
BRANDING/CREATIVE
Calleguas Municipal Water
District, City of Encinitas, City of San
Luis Obispo, City of Tustin, San Diego
County Water Authority
PUBLIC PARTICIPATION/COMMUNITY
ENGAGEMENT
City of Carlsbad, City of Encinitas,
City of Escondido, City of Tustin, City
of San Diego, City of San Luis Obispo,
City of San Marcos, North County
Transit District, Port of San Diego,
Sacramento Sewer District, San Diego
County Water Authority, Sweetwater
Authority, Western Water, West Valley
Water District
MARKETING CAMPAIGNS
City of Encinitas, City of San Luis
Obispo, City of San Marcos, City
of Santa Ana, Western Water,
Sacramento Sewer District
STRATEGIC COMMUNICATIONS
Association of Women in Water,
Energy & Environment (AWWEE), City
of Belmont, City of Long Beach (Water
Department), City of San Marcos,
County of San Diego, Sweetwater
Authority, Western Water
EDUCATION
Cal State University, Long Beach
Masters in Kinesiology
Arkansas State University
Bachelor of Arts in Kinesiology
International Association of Public Participation
Certified Public Participation Professional (CP3)
37 If you’re at a loss for words, Baylee will help “
you find them.
Baylee leads with a keen sense of
discernment that allows her to get to the
heart of her clients’ challenges and craft
the stories that guide them toward success.
Driven by the pursuit of “getting it right,” she
brings strategic clarity and creative precision
to every project, delivering meaningful results
for both clients and the communities they
serve.
At JPW, Baylee has carved a niche in branding,
economic development, and strategic
planning and messaging. Before joining the
firm in 2022, she developed and executed
marketing and communications strategies for
the School of Journalism and Media Studies
at San Diego State University. Earlier in her
career, she supported government agency
clients across San Diego County in sectors
including education, health, water, and transit.
Passionate about helping public agencies tell
their stories, Baylee has a knack for finding
the right words when others can’t, helping
organizations connect with their audiences in
ways that resonate and inspire.
EDUCATION
San Diego State University
Bachelor of Arts in Journalism
Emphasis in Public Relations
Minor in Television, Film and New Media
UC San Diego Extension
Copyediting Certificate Program
BAYLEE CUNNIFF
SENIOR MANAGER
Project
experience
BRANDING
City of Glendora, City of Lake Forest,
Jurupa Community Services District,
Rancho California Water District,
Western Water
ECONOMIC DEVELOPMENT
City of Chula Vista, City of Long
Beach, City of Oceanside, City of
Eastvale, City of Fountain Valley,
Innovate78
MARKETING CAMPAIGNS
Calleguas Municipal Water District,
Marion County, San Marcos Unified
School District, Western Water
PUBLIC PARTICIPATION/
COMMUNITY OUTREACH
City of Escondido, City of Tustin
STRATEGIC COMMUNICATIONS
City of Chula Vista, City of Escondido,
City of Glendora, City of Long Beach,
City of Tustin, Western Water
38 Here to make ideas behave “
beautifully.
Molly is an art director working in brand,
campaign and environmental design. She is
passionate about projects that craft stories
around identity and engage communities in
creative ways.
Prior to joining JPW Communications, Molly
worked as a graphic designer for the City
of San Marcos elevating their brand and
creating collateral for a variety of print, digital
and online projects. She also designed for a
variety of private and public sector clients
including 826 Valencia, UC Davis, and the
cities of Long Beach, Agoura Hills and
Eastvale.
Molly brings a keen sense for creating impactful
designs that capture the audience’s attention
and promote positive change.
EDUCATION
University of California, Davis
Bachelor of Arts in Visual Communication & Design
Minor in Professional Writing
MOLLY SCHELLENGER
ART DIRECTOR
Project
experience
BRANDING
Calleguas Municipal Water District,
City of Escondido, City of Glendora,
City of Lake Forest, Port of
Redwood City
CREATIVE
Calleguas Municipal Water District,
City of Encinitas, City of Escondido,
City of Glendora, City of Lake Forest,
City of Laguna Niguel, City of Long
Beach, City of San Marcos, City of
San Luis Obispo, San Marcos Unified
School District, North County Transit
District, Port of Redwood City, Port of
San Diego, Western Water
MEDIA
City of Carlsbad, City of San Marcos,
City of San Luis Obispo, City of Tustin,
Innovate78, Moulton Niguel Water
District, Port of Redwood City, Santa
Ana Watershed Project Authority
39 She blends design, video and photography “
to be a creative force on any project.
Kit is a multimedia designer with a versatile
background in video production, graphic
design, web development and photography.
She is self-motivated and driven, striving
to push design boundaries for the public
sector. She finds joy in transforming complex
ideas into visuals that inform and inspire
communities.
At JPW Communications, Kit draws on her
experience as a videographer at BAM The
Agency and an omni-channel digital designer
at Veda Data Solutions (now H1) to craft
cohesive, story-driven multimedia designs.
Kit’s ability to create complementary designs
for all types of media allows her clients’
messages to really shine.
EDUCATION
Ball State University
Bachelor of Arts in Video and Audio Production
KIT CALDWELL
MULTIMEDIA DESIGNER
PHOTOGRAPHER/VIDEOGRAPHER
Project
experience
BRANDING
County of Merced
CREATIVE
City of Encinitas, City of Fountain
Valley, City of San Diego, City of
San Marcos, City of Tustin, County
of Merced, North County Transit
District, North Valley THRIVE, Rancho
California Water District, Santa Ana
Valley Project Authority, San Diego
County Water Authority, Sweetwater
Authority, West Valley Water District
MEDIA
City of Fountain Valley, City of San
Marcos, City of San Diego, County
of Merced, North County Transit
District, Santa Ana Watershed
Project Authority, Sweetwater
Authority
40 A life is not important except in the impact “
it has on others.
Natalia is a rising star in the field of marketing
and public relations with experience in
the non-profit and private sectors. She is
passionate about projects that connect
communities in creative, engaging and
inspiring ways.
Prior to joining JPW Communications, Natalia
worked as a volunteer coordinator and brand
ambassador for MainStreet Oceanside,
an organization dedicated to the vision of
making MainStreet Oceanside a pedestrianfriendly community with unique and exciting attractions, including daytime and evening
activities for residents and visitors.
Natalia is always eager to make an impact in the
lives of individuals, and her work represents her
ability to inspire residents to become members
of their community and adopt the culture of the
place where they live.
EDUCATION
Saint Mary’s College
Bachelor of Arts in Communications Studies
Minor in Sociology
NATALIA SPEEDON
SPECIALIST
Project
experience
BRANDING
City of Chino, City of Glendora and
Jurupa Community Services District
ECONOMIC DEVELOPMENT
City of Long Beach, City of San
Marcos, Innovate78, North Valley
THRIVE
MARKETING CAMPAIGNS
Calleguas Municipal Water District,
Innovate78, Port of Redwood City,
San Marcos Unified School District,
Santa Ana Watershed Project
Authority, Western Water
PUBLIC PARTICIPATION/
COMMUNITY OUTREACH
City of Encinitas, City of Escondido,
City of San Diego (Public Utilities
Department), City of San Luis Obispo,
City of San Marcos, Port of San Diego
STRATEGIC COMMUNICATIONS
City of Chula Vista, City of Encinitas,
City of Glendora, City of Long Beach,
City of San Diego, City of San Marcos,
North Valley THRIVE
41 A vision without strategy remains “
an illusion.
Liana Letsos is a passionate marketing and
communications coordinator who brings
energy and empathy to her work. With
experience in nonprofit communications
and government relations, Liana supported
campaigns for the Santa Barbara Foundation
celebrating philanthropy and community
impact and gained hands-on policy
experience in Washington, D.C. with the
University of California’s Governmental
Relations office. Now, she brings that same
passion for purpose-driven communication
to JPW clients, crafting messages that inspire
action and build trust between organizations
and the communities they serve.
At JPW, Liana enthusiastically contributes to
marketing and communications initiatives
for municipal clients, supporting outreach,
storytelling, and strategic messaging that
align with JPW’s commitment to public-sector
excellence.
EDUCATION
University of California, Santa Barbara
Bachelor of Arts in Political Science
Minor in History
LIANA LETSOS
COORDINATOR
Project
experience
MARKETING CAMPAIGNS
City of Carlsbad, City of Encinitas
PUBLIC PARTICIPATION/COMMUNITY
OUTREACH
City of Carlsbad, City of San Diego
(Public Utilities Department),
Sweetwater Authority, West Valley
Water District
42 Thank you!
42
MAY 7, 2026
Proposal for Professional
Services for Citywide
Communications Services
Submitted to the City of La Cañada Flintridge
Submitted by:
Perceptiv
Craig Rettig, Partner
veryperceptiv.com
Perceptiv + NLG Communications | City of La Cañada Flintridge Citywide Communications Services | May 7, 2026 | 2
PROPOSAL CONTENTS
3 4.1 Cover Letter
5 4.2 Firm Qualifications and Experience with Similar Projects 9 4.3 Project Understanding and Approach
15 4.4 Key Personnel, Resumes, and Rates
17 4.5 Proposed Budget
21 4.6 References and Sample Work
29 Required Disclosures and Attachments
32 Appendix A: Team Resumes
34 Appendix B: Sample Work Summaries
Perceptiv + NLG Communications | City of La Cañada Flintridge Citywide Communications Services | May 7, 2026 | 3
4.1 COVER LETTER
To:
Arabo Parseghian
Assistant City Manager
City of La Cañada Flintridge
One Civic Center Drive
La Cañada Flintridge, CA 91011
Re: Proposal for Professional Services for Citywide Communications Services Dear Mr. Parseghian,
On behalf of Perceptiv, in partnership with NLG Communications, we are pleased to submit this proposal to provide professional Citywide Communications Services for the City of La Cañada Flintridge. We understand the City is seeking more than communications production support.
You are looking for a trusted senior communications lead, supported by a deep creative, strategic and production bench, who can work under the direction of the Assistant City Manager, strengthen the City’s day-to-day communications infrastructure, support timely and accessible public information, help address complex civic issues with care, and be prepared when public safety or emergency communications require a calm, coordinated, accurate response.
La Cañada Flintridge is a distinctive community. It is small enough that tone, timing, and trust matter deeply; sophisticated enough that residents expect specificity, transparency, and accountability; and situated in a foothill environment where emergency preparedness is not a seasonal message but an essential civic responsibility. The City’s communications, therefore, need to do three things at once: explain, reassure, and engage. They must make complex municipal work understandable without oversimplifying it, support public contribution without inflaming tensions, and protect the City’s reputation by demonstrating steady stewardship of a community that values both its character and its future.
Perceptiv and NLG bring the right combination of municipal communications expertise, publicsector storytelling, digital and print production, media relations, community participation, crisis communications, social media management, design, website support, and project management.
Our team has collaborated with city and county governments, local and state agencies, transportation agencies, public safety and emergency-related entities, educational institutions, libraries, workforce organizations, and regional civic initiatives across Southern California and the state. We know how to operate as an extension of lean public agency teams: responsive, disciplined, practical, sensitive to approval protocols, and always respectful of the line between public information and policy or political advocacy.
Perceptiv + NLG Communications | City of La Cañada Flintridge Citywide Communications Services | May 7, 2026 | 4
4.1 COVER LETTER
Our proposed approach starts with a focused transition and communications audit; builds a rolling editorial calendar and message framework; improves harmony across social media, the LCF Bulletin, print newsletters, Outlook ads, website updates, public outreach materials, and City presentations; and establishes a reporting and optimization rhythm so the City can track what is working and adjust quickly. We will also provide a crisis and emergency communications framework aligned with City protocols, SEMS/NIMS/ICS/EOC/JIC expectations, and the requirement for rapid, clear, channel-specific updates during major incidents.
Naomi Goldman, Principal of NLG Communications, will serve as Project Lead and the primary day-to-day point of contact for the City. Naomi is a long-term partner of Perceptiv, and brings direct senior-level experience in government communications, public information, media relations, crisis and issues management, and emergency communications. Craig Rettig, Partner, Marketing at Perceptiv, will serve as Perceptiv’s principal support and contract liaison, guaranteeing the City has access to Perceptiv’s creative, digital, design, website, media, and production resources whenever they are needed.
This proposal confirms that Perceptiv understands and acknowledges the RFP specifications, including the governance limitations, performance standards, accessibility requirements, data ownership provisions, and explicit exclusions related to lobbying, political advocacy, independent policy development, legal advice, unauthorized statements, and paid advertising without written City approval. We also acknowledge receipt of all addenda issued through PlanetBids, if any. Any final contract comments can be discussed in good faith during negotiation; no material exceptions are requested at this time.
Thank you for the opportunity to be considered. We would be honored to help La Cañada Flintridge communicate with the clarity, care, and confidence its residents expect and deserve.
Sincerely,
Craig Rettig
Partner
Perceptiv
veryperceptiv.com
[email protected]
310.980.2575
Perceptiv + NLG Communications | City of La Cañada Flintridge Citywide Communications Services | May 7, 2026 | 5
4.2 FIRM QUALIFICATIONS AND EXPERIENCE WITH SIMILAR PROJECTS Perceptiv, working in conjunction with our stratigic partner of over 20 years, NLG Communications, offers a senior-level team built for the kind of integrated, high-trust city communications support La Cañada Flintridge seeks. Our collective experience spans municipal communications, public affairs, public education campaigns, strategic communications, media relations, reputation management, print and digital publications, social media, website content, public involvement, emergency and crisis-related communications, video production, graphic design, and performance reporting.
What makes our team especially relevant is not simply the breadth of our services. It is our our proven, time-tested, ability to bring strategy and execution together in a way that feels seamless to City staff. We can help develop the message architecture for a sensitive policy issue in the morning, refine a resident-facing social post in the afternoon, proof an e-newsletter before distribution, coordinate a website update with a vendor, and prepare a media statement or briefing note when an issue changes quickly. That is the kind of nimble, mature communications support a lean contract city needs.
Relevant public agency and civic experience
• Municipal and government communications support for cities, county and state agencies, elected offices, joint powers authorities, and public-serving institutions. • Direct senior government communications experience, including public information, constituent communications, media relations, issues management, and coordination with city departments and elected offices.
• Public outreach and community engagement on issues where residents need clear information and a credible process, including housing, homelessness, transportation, public health, public safety, education, workforce development, and disaster recovery. • Longstanding Southern California civic experience with clients including the City of Pasadena-related initiatives, City of Los Angeles, Los Angeles County, Los Angeles Homeless Services Authority, Los Angeles World Airports, Los Angeles Public Library, Pasadena City College, Tournament of Roses, USC, LA Metro and Metrolink-related efforts, and the Hospitality Training Academy.
• Strategic creative and production depth across newsletters, reports, annual reports, public education materials, social media graphics, digital ads, community toolkits, PowerPoint presentations, web content, and printed collateral.
Perceptiv + NLG Communications | City of La Cañada Flintridge Citywide Communications Services | May 7, 2026 | 6 Why this experience matters for La Cañada Flintridge
City Need Relevant Team Strength Value to LCF
Transparent resident
communication
Newsletters, social media,
website, speeches, talking
points, press materials, publicfacing reports
Creates consistency across
every place residents receive
City information
Highly engaged audience Experience with sophisticated
civic audiences and highscrutiny public issues
Clear, careful language that
anticipates questions and
reduces confusion
Housing and land use
sensitivity
Message frameworks for
complex policy issues and
public engagement processes
Informs without inflaming and
explains requirements without
sounding defensive
Emergency risk and
preparedness
Crisis communications, public
safety coordination, social
monitoring, after-action
summaries
Fast, calm, factual updates that
reinforce trust during stressful
moments
Lean staffing Senior team that can operate
as an extension of staff with
defined workflows
Less burden on City staff and
more predictable execution
Accessibility and compliance ADA-aware digital and print production, plain-language
editing, vendor coordination
Resident-facing materials
that are easier to find, read,
understand, and use
4.2 FIRM QUALIFICATIONS AND EXPERIENCE WITH SIMILAR PROJECTS
Perceptiv + NLG Communications | City of La Cañada Flintridge Citywide Communications Services | May 7, 2026 | 7 What we understand about La Cañada Flintridge
Local Insight Why It Matters
How We Would
Communicate It
A contract city with
sophisticated residents
Residents expect clear
accountability even when
services involve regional
partners, vendors, commissions,
and outside agencies.
Use plain-language explainers
that clarify who does what, what
the City controls, what partners
control, and where residents can
act or get help.
Foothill Boulevard is the civic
and commercial spine
The Downtown Village, HEIOZ,
mixed-use, mobility, and smallbusiness conversations all concentrate along a corridor
residents know personally.
Treat Foothill not as a planning
abstraction, but as a shared
place: maps, before/after
context, FAQs, project pages,
and “what changes / what
stays” messaging.
Housing is a trust test, not a
press release topic
Recent housing implementation,
state mandates, legal matters,
ADUs, SB 4, and 600 Foothill
have created a complicated
public information environment.
Stay factual, process-oriented,
non-defensive, and policyneutral; build issue briefs and Q&As that explain requirements,
timelines, constraints, public
input points, and City actions.
Preparedness is part of the
City’s identity
Wildfire, wind, power disruption,
earthquake, evacuation,
debris flow, and public safety
coordination are not occasional
communications topics.
Build a year-round readiness
calendar, emergency template
library, partner content protocol,
and social/website escalation
workflow aligned with City EOC/
JIC expectations.
LCF’s identity is civic, natural,
and institutional
The community’s sense of place
is shaped by the San Gabriel
Mountains, Angeles National
Forest, Descanso Gardens,
strong schools, JPL/NASA
adjacency, and long-standing
neighborhood expectations.
Use a tone of stewardship
rather than boosterism:
grounded, specific, respectful
of community character, and
careful not to over-sell change.
Residents read closely In a community with high
homeownership, high
engagement, and strong
volunteer/civic participation,
vague messaging creates more
questions than it answers.
Anticipate scrutiny with
message discipline, source links,
concise summaries, “why this
matters” copy, and visible next
steps across every channel.
4.2 FIRM QUALIFICATIONS AND EXPERIENCE WITH SIMILAR PROJECTS
Perceptiv + NLG Communications | City of La Cañada Flintridge Citywide Communications Services | May 7, 2026 | 8
4.2 FIRM QUALIFICATIONS AND EXPERIENCE WITH SIMILAR PROJECTS Litigation disclosure
To the best of our knowledge, Perceptiv has not been judged guilty or liable in civil or criminal litigation that would affect its ability to perform the services described in this proposal.
NLG Communications has likewise advised that it has no such judgment or liability that would affect performance. This statement can be updated or supplemented, if required, prior to contract execution.
Perceptiv + NLG Communications | City of La Cañada Flintridge Citywide Communications Services | May 7, 2026 | 9 Our understanding is that the City is not looking for a generic marketing campaign. This is an ongoing citywide communications assignment for a highly engaged residential community with a strong sense of place, a contract-city operating model, a growing volume of public information, and real exposure to emergencies and major incidents. The work must be steady enough to handle routine needs and sophisticated enough to support sensitive civic conversations around housing, land use, infrastructure, environmental stewardship, mobility, public safety, and the City’s long-term planning priorities.
We would frame the assignment around four principles:
• Stewardship: communications should reflect respect for the community’s character, resources, residents, and public institutions.
• Clarity: complex decisions, policies, projects, and processes should be explained in plain language, with clear next steps and accessible formats. • Consistency: every channel should feel coordinated—social media, website, LCF Bulletin, print newsletter, Outlook ads, reports, public presentations, and outreach materials. • Readiness: emergency and major incident communications should be planned before they are needed, with escalation paths, holding statements, channel roles, and approval protocols established in advance.
The idea that makes this proposal different: Civic Stewardship Communications Many firms will promise content calendars, posts, newsletters, press releases, and dashboards.
We will provide those. The difference is how we organize them. For LCF, we recommend a Civic Stewardship Communications model: every communication should help residents understand what the City is protecting, what it is improving, what it is required to do, and how residents can participate. This creates a consistent narrative across routine updates and sensitive issues without drifting into advocacy.
• For planning and housing: “Here is the requirement, here is the City’s process, here is what is under review, here is where public input fits.”
• For infrastructure and traffic: “Here is the need, here is the disruption, here is the benefit, here is the timeline, here is who to contact.”
• For preparedness: “Here is what the City and partners are doing, here is what households can do now, here is where to get verified updates.”
• For financial and annual reports: “Here is how resources are being stewarded, what was delivered, and what residents can expect next.”
• For social and newsletters: “Here is the one clear action residents should take, with a link back to the source of record.”
4.3 PROJECT UNDERSTANDING AND APPROACH
Perceptiv + NLG Communications | City of La Cañada Flintridge Citywide Communications Services | May 7, 2026 | 10 A. First 90 days: listen, align, organize, improve
We recommend beginning with a structured but efficient onboarding and audit period that helps the City gain immediate value without delaying ongoing communications. This will be done in parallel with day-to-day support.
4.3 PROJECT UNDERSTANDING AND APPROACH
Phase Timing Key Activities Outputs
1. Kickoff and
protocols
Weeks 1–2 Confirm staff contacts,
approval flow,
turnaround standards,
shared workspace,
content sources,
vendor access, brand/
style requirements,
archival process, and
escalation protocols.
Working protocol
memo; contact/
escalation matrix;
production checklist
2. Communications
audit
Weeks 2–5 Review current
website sections,
LCF Bulletin, social
channels, Outlook ads,
newsletter, recurring
templates, emergency
materials, analytics,
and pending initiatives.
Audit findings;
quick wins; content
inventory; accessibility
and consistency notes
3. Message and
calendar framework
Weeks 4–8 Develop a six- to
twelve-month editorial
calendar organized by
City priorities, seasonal
needs, Council/
Commission cycles,
public safety, projects,
outreach, and recurring
resident questions.
Rolling communications
calendar; monthly
themes; content
pipeline
4. Roadmap and
reporting launch
Weeks 8–12 Prioritize improvements,
finalize KPI dashboard,
align triannual planning
cadence, and identify
public engagement
needs for major
initiatives.
90-day roadmap; KPI
baseline; first monthly
report
Perceptiv + NLG Communications | City of La Cañada Flintridge Citywide Communications Services | May 7, 2026 | 11
4.3 PROJECT UNDERSTANDING AND APPROACH
B. Ongoing project management and strategy
We will create a predictable operating pattern that gives City staff visibility into what is being developed, what is awaiting review, what is scheduled, what requires escalation, and what is performing. Our role will be to facilitate the process—not add administrative burden. • Bi-weekly 60-minute coordination calls facilitated by Perceptiv/NLG, with agendas circulated in advance and action summaries after each meeting. • Shared project workspace for calendars, assignments, drafts, approvals, final files, reporting, and templates.
• Weekly internal review of active communications, social media activity, resident comments/inquiries, upcoming deadlines, and priority issues. • Standard requests completed within three business days; priority requests completed the same day or within 24–48 hours when authorized by the ACM and where City approvals permit.
• Planning sessions every four months with City leadership to align communications themes, City priorities, major initiatives, and outreach opportunities. • Ongoing recommendations on best management practices, channel improvements, audience segmentation, accessibility, and content performance.
C. Strategic communications planning and major initiatives For La Cañada Flintridge, the most important communications work will be that which strengthens the City’s leadership, responsiveness, and day-to-day trust with residents. It will be the work around rolling out and strategically positioning major initiatives where resident trust is earned or lost: General Plan updates, housing programs, infrastructure changes, mobility and circulation planning, wildfire and emergency preparedness, environmental stewardship, and community events such as State of the City. We will develop goal-aligned public outreach plans that prioritize audiences, segment messages, anticipate likely questions, and clearly build out roles, schedules, communications tactics, materials, approval steps, and measures of success.
Our approach to sensitive issues is intentionally balanced. We do not advocate policy outcomes.
We help the City own its story and positions by explaining facts, processes, rationales, constraints, opportunities for input, and next steps in a way that is accurate, transparent, and respectful. That distinction matters in communities where residents are deeply engaged and may have strong views.
Perceptiv + NLG Communications | City of La Cañada Flintridge Citywide Communications Services | May 7, 2026 | 12 D. Social media management and monitoring
We will manage content creation, fact-checking, graphic design, scheduling, posting, monitoring, and escalation across Facebook, Instagram, and X, in accordance with City approval protocols and the RFP’s limit of up to 10 unique posts per week. We will also monitor and reshare relevant posts from public safety agencies when appropriate and approved. • Content mix: public meetings, City services, emergency preparedness, roadwork and infrastructure, parks and recreation, public safety partner updates, event promotion, General Plan and housing information, website resources, seasonal reminders, and resident service explainers.
• Tone: clear, composed, service-oriented, accurate, neighborly, and non-political. • Monitoring: seven-day inbox monitoring with an initial response goal within 24 hours, excluding City holidays, and immediate escalation of sensitive, legal, policy, personnel, or media-related inquiries to City staff.
• Archival: coordination with the City’s selected social media archival provider; City to pay subscription costs as specified in the RFP.
• Paid media: no paid placement, boosting, or advertising without prior written City approval.
E. Media relations and content development
We will draft up to 24 press releases or official statements annually, coordinate media inquiries with City staff, and prepare supporting materials such as talking points, Q&A documents, articles, speeches, letters, presentations, and briefing notes as requested. We understand that the consultant will not act as the City’s spokesperson, and we will not issue unauthorized media statements. Our value is in preparing accurate, timely, well-framed messaging and materials that help the City communicate consistently and confidently.
F. Print and digital newsletter production
The newsletter program is central to trust-building in La Cañada Flintridge. We will treat the quarterly print newsletter and monthly LCF Bulletin not as separate products, but as connected parts of the City’s resident communications system.
• Quarterly print newsletter: editorial planning, writing, graphic design, layout, print coordination, and ADA-compliant digital version for up to four, six-page issues annually. • Monthly LCF Bulletin: formatting, layout, scheduling, content organization, and clear calls-to-action using City-approved content and platform. • Content architecture: recurring sections that make the City’s work easier to follow, such as “What’s Happening,” “Your City at Work,” “Public Safety and Preparedness,” “Projects and Planning,” “How to Participate,” and “Dates to Know.”
• Production discipline: editorial calendar, content request deadlines, copy review, design review, final approval, vendor coordination, and digital accessibility check.
4.3 PROJECT UNDERSTANDING AND APPROACH
Perceptiv + NLG Communications | City of La Cañada Flintridge Citywide Communications Services | May 7, 2026 | 13 G. Outlook newspaper recurring ads
We will produce the twice-monthly Outlook newspaper ads using City-provided Canva templates and approved City content. We will manage layout, formatting, scheduling, and coordination, with print/placement costs paid by the City. We will also recommend ways to make these ads work harder as part of the broader communications calendar—for example, using them to drive residents to a QR code, project page, survey, meeting, emergency signup, or newsletter subscription.
H. Website support and vendor coordination
The City website is the communications home base. Social posts, newspaper ads, newsletters, QR codes, and media statements should point residents back to clear, current, accessible web pages. We will post City-approved content, support routine updates within two business days, handle urgent updates the same day when authorized, review materials for ADA compliance, coordinate with hosting and third-party vendors, and create small digital graphics consistent with City promotions. Original drafting will occur only when separately approved, consistent with the RFP.
I. State of the City support
We will support development and coordination of the City’s State of the City by helping shape the theme, message flow, run-of-show communications, presentation copy, visual design, supporting graphics, event promotion, post-event recap, and channel distribution. For a city like LCF, the State of the City should do more than summarize activity. It should show residents how City stewardship connects across services, planning, safety, finances, and quality of life.
J. Crisis, major incident, and emergency communications Because La Cañada Flintridge sits in a foothill environment with wildfire, wind, extreme weather, earthquake, and other public safety risks, we recommend building emergency communications readiness into the program from day one. We will participate in two to four City emergency operations training sessions annually, as requested, operate in accordance with SEMS/NIMS/ ICS/EOC/JIC protocols, and support the City when activated for declared emergencies or authorized major incidents.
• Preparedness tools: holding statements, public safety partner content-sharing protocol, social monitoring protocol, and emergency template library • During activation: internal briefing participation, drafting messaging, social media monitoring and engagement, website and newsletter/banner updates, Mayor’s Message drafting, and high-volume communications support.
• After activation: communications after-action summary, lessons learned, content archive, and recommended updates to templates and protocols.
• Availability: 24/7 availability during declared emergencies or authorized major incidents.
4.3 PROJECT UNDERSTANDING AND APPROACH
Perceptiv + NLG Communications | City of La Cañada Flintridge Citywide Communications Services | May 7, 2026 | 14 K. Performance reporting and KPI tracking
We will provide monthly KPI reports, quarterly performance reviews, and an annual City Council presentation highlighting performance, insights, best management practices, and recommended improvements. Reporting will be designed for action, not just measurement.
4.3 PROJECT UNDERSTANDING AND APPROACH
Channel/Activity Sample KPIs How We Use the Data
Social media Follower growth, reach,
engagement, shares, saves,
clicks, inquiries, response time,
escalations
Refine topics, timing, formats,
graphics, and calls-to-action
Website Page views, traffic sources, top
pages, downloads, form starts,
accessibility flags
Improve navigation, content
clarity, and cross-channel links
LCF Bulletin Open rate, click rate, top links,
unsubscribes, list growth
Improve subject lines, section
order, and resident action paths
Print/Outlook/QR QR scans, landing page traffic,
meeting/survey participation
Connect offline communications
to measurable engagement
Media relations Inquiries, placements, message
accuracy, tone, share of voice
Strengthen proactive and
responsive media protocols
Emergency/major incident Speed to publish, channel
coverage, sentiment/inquiries,
after-action issues
Improve readiness and reduce
gaps before the next activation
L. Data ownership, security, records, accessibility, and compliance All deliverables, accounts, content, data, credentials, templates, reports, and work product developed for the City will be City property. We will comply with the California Public Records Act, City records retention protocols, and City cybersecurity policies as provided. Upon contract termination, we will support full data, credential, and file transfer. All deliverables will be developed with ADA Title II and WCAG 2.1 AA expectations in mind, and we will support inclusive and equitable outreach strategies. Any drone, photo, or video services will comply with FAA and City requirements.
M. Ad hoc services and scalability
Perceptiv and NLG can scale to support authorized ad hoc needs, including video production, public service announcements, instructional videos, digital materials, graphics, templates, user guides, mailers, banners, pamphlets, photography, special project messaging, and public engagement support. We can also support the Annual Digital Annual Report, PAFR, Budget at a Glance, and miscellaneous mailers identified in the RFP. These services will be authorized by the City in advance and billed according to the ad hoc rates and approved estimates in Section 4.5.
Perceptiv + NLG Communications | City of La Cañada Flintridge Citywide Communications Services | May 7, 2026 | 15 The proposed team is senior-led, intentionally lean, and organized around Naomi Goldman as Project Lead and primary day-to-day contact. Perceptiv will serve as the prime respondent and creative/production partner, with Craig Rettig providing senior client support, quality control, and continuity. NLG Communications will lead senior communications strategy, public affairs, media relations, government communications, crisis communications, and community engagement.
Additional specialists will be assigned as authorized by the City based on the work required.
4.4 KEY PERSONNEL, RESUMES, AND RATES
Team Member Firm Role for LCF Relevant Strengths
Naomi Goldman NLG Communications Project Lead /
Primary Day-to-Day
Contact / Senior
Communications
Strategist
35+ years former
senior government
communications leader
and PIO; municipal,
county, transportation,
homelessness, public
health, workforce,
media, and crisis
experience
Craig Rettig Perceptiv Principal Support /
Contract Liaison /
Creative and Client
Strategy
35+ years of agency
and public-serving
communications
experience; civic,
education, media
strategy, creative
direction, account
leadership
Aaron King Perceptiv Senior Designer /
Brand and Publications
Lead
25+ years strategic
design; identity, annual
reports, newsletters,
advertising, web,
print, and civic
communications
Andre Verona Perceptiv Senior Programmer
/ Website and Digital
Support Lead
15+ years digital
production, UX,
wireframing,
WordPress, HTML/CSS,
PHP, jQuery; trilingual
English/Portuguese/
Spanish
Alex Konda Perceptiv Media Director / Paid
Media and Placement
Advisor
20+ years media
planning/buying,
negotiation, print/
broadcast/outdoor/digital;
supports paid media only
with City approval
Perceptiv + NLG Communications | City of La Cañada Flintridge Citywide Communications Services | May 7, 2026 | 16
4.4 KEY PERSONNEL, RESUMES, AND RATES
Team Member Firm Role for LCF Relevant Strengths
Antonio Arriola Perceptiv Video Content
Creator-Producer
15+ years of video concepting,
field production, editing, and
social/video storytelling for civic
and public-facing campaigns
Production and
Monitoring Support
Perceptiv/NLG Social monitoring,
drafting, layout,
proofing, web posting,
QA
Assigned as needed to maintain
timeliness and continuity under
senior oversight
Staffing continuity
Perceptiv will not substitute key personnel without City approval. Naomi Goldman will lead dayto-day communications strategy and coordination, with Craig Rettig providing senior support, continuity, and access to Perceptiv’s creative and production team. We will maintain redundancy across project management, content, design, website, and crisis communications functions so service continuity is not dependent on a single person. Our shared workspace, action summaries, style notes, template library, and calendar will also make transitions and backup coverage orderly.
Hourly rate sheet
The table below provides proposed hourly rates for authorized ad hoc work and work outside the base retainer. For the annual retainer, Perceptiv proposes a discounted blended planning/ production rate reflected in the monthly fee in Section 4.5.
Role Representative Staff Hourly Rate
Principal / Partner / Senior Strategist Naomi Goldman, Craig Rettig $175 Senior Project Manager / Communications
Strategist
Assigned Perceptiv/NLG staff $150
Creative Director / Senior Designer Aaron King / senior creative staff $145 Senior Digital / Web Developer Andre Verona / digital staff $145 Media Director / Paid Media Advisor Alex Konda $150
Video Producer / Editor Antonio Arriola / video staff $150 Copywriter / Content Producer Assigned staff $125
Social Monitoring / Production Support Assigned support staff $80 Administrative / Coordination Support Assigned support staff $65 Direct hard costs, including printing, postage, paid advertising, boosted posts, media placements, wire services, stock photography, fonts, archival subscriptions, software licenses not already owned by the team, venue costs, equipment rentals, and specialized vendor costs, are not included in hourly rates or retainers and will be estimated for City approval before commitment.
Perceptiv + NLG Communications | City of La Cañada Flintridge Citywide Communications Services | May 7, 2026 | 17 The RFP describes a comprehensive ongoing communications program, but LCF is also a compact, leanly staffed city. We have therefore priced this proposal for the City’s scale rather than for a much larger municipality. Our budget is aggressive, practical, and designed to give the City a senior communications lead, a reliable production bench, and predictable monthly cost control without paying for unnecessary layers.
Recommended LCF Stewardship Retainer
4.5 PROPOSED BUDGET
Service Category Included in Base Retainer Estimated
Annual Value
Notes
Project management
and strategic planning
Bi-weekly calls, agendas, notes,
action summaries, shared
workspace, weekly internal audit,
triannual planning sessions, rolling
calendar
Included Standard
requests within
three business
days; urgent
24–48 hours as
authorized
Social media
management and
monitoring
Up to 10 unique posts/week across
Facebook, Instagram, and X when
the content pipeline supports
it; monitoring seven days/week;
escalation protocol; public safety
reshares
Included City approvals
and archival
subscription
required; volume
managed through
monthly priorities
Media relations and
content development
Up to 24 releases/statements
annually; media inquiry coordination;
articles, speeches, letters, crisis/
issues management, emergency
communications, presentations as
requested within reasonable retainer
capacity
Included Consultant
will not act as
spokesperson
Print newsletter Up to four 6-page issues annually;
editorial planning, writing, design,
print coordination, ADA digital version
Included Printing/postage
paid by City
LCF Bulletin Monthly digital newsletter formatting,
layout, scheduling, and content
organization
Included Distribution platform
provided/approved
by City
Outlook ads Twice-monthly ad production using City
Canva templates and approved content
Included Placement/printing
paid by City
Website support Posting, content support, vendor
coordination, ADA review, small graphics,
routine/urgent updates as authorized
Included Original drafting only
when separately
approved
KPI reporting Monthly report, quarterly review,
annual Council presentation support
Included Dashboard structure
finalized during first
90 days
Perceptiv + NLG Communications | City of La Cañada Flintridge Citywide Communications Services | May 7, 2026 | 18 Proposed base retainer: $8,000 per month / $96,000 annually. This is intentionally priced below a typical full-scope municipal communications retainer because we understand the City’s size and want the proposal to be competitive, feasible, and easy to approve. The retainer includes the recurring services listed above and reflects a significantly discounted blended rate for planning and production. It assumes a collaborative approval process, timely receipt of source materials from City staff, use of City-provided templates when available, and a reasonable monthly work distribution throughout the year. If the City prefers an even tighter first-year budget, we are prepared to discuss a phased ramp-up that prioritizes the highest-value recurring services.
Optional first-year budget options
Option Monthly / Annual Best Fit
Lean Launch $7,500 / $90,000 Prioritizes core project
management, social/content
calendar, LCF Bulletin, Outlook
ads, basic website support,
and quarterly newsletter
coordination; larger reports/
video/surge handled ad hoc.
Recommended Stewardship
Retainer
$8,000 / $96,000 Best balance of senior
strategy, recurring deliverables,
monitoring, newsletters,
website support, KPI reporting,
and emergency readiness.
Enhanced Capacity $9,500 / $114,000 Adds more proactive content development, expanded issue
briefs/FAQs, deeper analytics,
and greater capacity around
major initiatives.
4.5 PROPOSED BUDGET
Perceptiv + NLG Communications | City of La Cañada Flintridge Citywide Communications Services | May 7, 2026 | 19 Ad hoc and optional services
4.5 PROPOSED BUDGET
Service Proposed Cost
Basis
Estimated
Range
Notes
Declared emergency /
authorized major incident
communications
Hourly, according
to rate sheet
$150–$175/hr for
senior activation
support; production
support as needed
24/7 availability only during
declared emergencies or
authorized major incidents
Non-emergency crisis /
major issue surge support
Hourly, according
to rate sheet
Estimate provided
before work
begins
Outside retainer when volume
exceeds planned capacity or
requires rapid surge
Planning Commission
broadcasting services
Per-meeting
estimate
$650–$950 per
meeting
Requires confirmation of
technical setup, staffing, live
vs. recorded workflow, and
post-processing requirements
Additional meeting/event
broadcasting
Per approved
estimate
TBD by scope Priced per meeting based on
location, duration, equipment,
and post-production needs
Annual Digital Annual
Report
Fixed estimate or
hourly NTE
$8,000–$12,000 Assumes approx. 20 pages,
City-sourced content, writing/
editing/design/layout/ADA PDF
Annual Digital PAFR Fixed estimate or
hourly NTE
$5,000–$9,000 Final cost depends on source
content, graphics, financial tables,
and review rounds
Annual Budget at a Glance Fixed estimate or
hourly NTE
$4,500–$8,000 Printing/postage paid by City
Miscellaneous mailers Per mailer
estimate
$850–$1,750 each Assumes half-page double-sided
format; printing/postage paid by
City
Video production/PSA /
instructional video
Per approved
estimate
$3,500–$12,000+ Depends on concept, filming
days, locations, editing,
captions, graphics, languages
Photography, specialty
graphics, templates,
user guides, banners,
pamphlets
Hourly or fixed
estimate
TBD Authorized by City before
work begins
Perceptiv + NLG Communications | City of La Cañada Flintridge Citywide Communications Services | May 7, 2026 | 20 Cost control and authorization
• No ad hoc work, hard costs, paid advertising, printing, postage, placements, subscriptions, or specialized vendor costs will be incurred without City authorization. We will not add agency markup to pass-through hard costs unless the City specifically requests vendor management requiring administration beyond normal coordination. • When a request appears likely to exceed retainer capacity, we will notify the ACM and provide an estimate before proceeding.
• Monthly invoices will include summary descriptions of services performed, deliverables completed, and any authorized hard costs.
• The proposed budget is negotiable to match the City’s priorities, preferred service model, and any clarifications issued through the procurement process. Our goal is to earn the City’s confidence with a fee structure that feels responsible for LCF and sustainable for the level of service required.
4.5 PROPOSED BUDGET
Perceptiv + NLG Communications | City of La Cañada Flintridge Citywide Communications Services | May 7, 2026 | 21 Professional References
4.6 REFERENCES AND SAMPLE WORK
Client / Contact Organization Contact
Information
Dates Relevant Work
David Steiman,
Director of
Marketing
Pasadena City
College
626.585.7468
dxsteiman@
pasadena.edu
2017 – Ongoing Integrated marketing,
advertising, social/
digital, outdoor,
print, content, media
buying, enrollment
campaigns, creative
strategy, reporting.
Adine Forman,
Executive
Director
Hospitality
Training Academy
213.866.8541
adine.forman@
lahta.org
2015 – Ongoing Integrated
communications,
PR, community
engagement,
social media, geotargeted digital,
video/photo, events,
workforce and civic
partnerships.
Barbara Osborn,
former Director of
Communications
for LA County
Supervisor Sheila
Kuehl (ret.)
Los Angeles
County Board
of Supervisors
/ Homeless
Initiative
323.683.1160
BarbaraAtLarge@
gmail.com
2018 – 2021 Strategic
communications,
media relations,
messaging,
releases, op-eds,
briefing materials,
social media,
digital newsletters,
public meetings,
spokesperson
support.
Perceptiv + NLG Communications | City of La Cañada Flintridge Citywide Communications Services | May 7, 2026 | 22
4.6 REFERENCES AND SAMPLE WORK
Left: Annual Report for Los Angeles
Convention Center
Below: Economic incentives
brochure to accompany L.A. Mayor’s
Asia trade trip.
Below: Trade &
Tourism Economic
Development
brochure.
Below Right:
Construction
mitigation barricade
graphics for Los
Angeles World
Airports.
Above: “SeemyLA” campaign
brochure/display used at conventions
for Los Angeles Convention and
Tourism Board
5.1.6 Sample Materials
Los Angeles City Various Departments
Perceptiv has partnered with L.A.’s Mayor’s office, the Los Angeles Convention and Visitors Bureau, The Los Angeles Convention Center, and various other Los Angeles city departments on their strategic communications needs. The samples below show a small portion of the types of projects we took from concept to completion. Our work ranged from trade and tourism advertising and collateral to construction mitigation at LAX. Our strategic expertise, ability to work with often constrained budgets, and high-level creative executions have led to our engagement with various departments and divisions within the City.
Perceptiv + NLG Communications | City of La Cañada Flintridge Citywide Communications Services | May 7, 2026 | 23
4.6 5.1.6REFERENCES AND SAMPLE WORK Sample Materials
California Association of Food Banks—Everyone to the Table Campaign The CAFB’s 41 food banks enjoyed expansive media coverage and support during the pandemic. However, when the most critical need appeared to wane among the public, media attention and donations followed suit. Unfortunately, past experiences showed that it took almost ten years to recover from prior levels of food insecurity. To counter this, we developed an awareness and advocacy campaign, EveryonetotheTable.org, focusing on the food banks’ pivotal role in addressing food insecurity. In addition to naming and deploying the statewide outdoor and digital campaign, we created a tool kit for member food banks comprising elements from radio, TV, and outdoor to social media and media outreach materials and tactics. Creative stood apart from typical category advertising by focusing on the food bank heroes—employees who serve food-insecure clients daily.
Right: Outdoor bulletin that was
customized for regional food banks
around the state.
Below: Feature coverage of launch
campaign in The NonProfit Times.
Below: Print ad developed for use
by local food banks who were able to
co-brand with their own logo
Above: Awareness and advocacy website
in support of the campaign, includes videos,
downloadable social media assets and more.
Left: Downloadable social media assets for use by
local food banks and their supporters
Perceptiv + NLG Communications | City of La Cañada Flintridge Citywide Communications Services | May 7, 2026 | 24
4.6 5.1.6REFERENCES AND SAMPLE WORK Sample Materials
Hospitality Training Academy
NLG Communications and Perceptiv are directing an ongoing, integrated communications, PR, and marketing campaign for the Hospitality Training Academy, a leading nonprofit that provides workforce training and career pathways to union jobs in the hospitality sector – in Los Angeles and Orange Counties and Phoenix, AZ (The HTA operates as the training arm of UNITE HERE Local 11 union). Our strategic communications work helps to recruit students into the transformational training program and amplify the role of workforce development as a poverty and homelessness prevention intervention. Activities include multi-ethnic/multilingual media relations, social media, geo-targeted programmatic advertising, video and photo content, special events, coordination with local, state, and federal elected officials, and community organizations and workforce, employment, and civic leaders.
Left: Job Fair flyer
Below: Community Buffet event with Keynote speaker
California Assembly Speaker Robert Rivas
Left: HTA Community
Buffet Video
Right: Feature coverage of
HTA’s national expansion
grant in Cal Matters
Left: HTA Intuit
Dome hiring fair
broadcast feature on
Spectrum News
Right: Feature
coverage of HTA in
CBS News
5.1.6 Sample Materials
Hospitality Training Academy
NLG Communications and Perceptiv are directing an ongoing, integrated communications, PR, and marketing campaign for the Hospitality Training Academy, a leading nonprofit that provides workforce training and career pathways to union jobs in the hospitality sector – in Los Angeles and Orange Counties and Phoenix, AZ (The HTA operates as the training arm of UNITE HERE Local 11 union). Our strategic communications work helps to recruit students into the transformational training program and amplify the role of workforce development as a poverty and homelessness prevention intervention. Activities include multi-ethnic/multilingual media relations, social media, geo-targeted programmatic advertising, video and photo content, special events, coordination with local, state, and federal elected officials, and community organizations and workforce, employment, and civic leaders.
Left: Job Fair flyer
Below: Community Buffet event with Keynote speaker
California Assembly Speaker Robert Rivas
Left: HTA Community
Buffet Video
Right: Feature coverage of
HTA’s national expansion
grant in Cal Matters
Left: HTA Intuit
Dome hiring fair
broadcast feature on
Spectrum News
Right: Feature
coverage of HTA in
CBS News
Perceptiv + NLG Communications | City of La Cañada Flintridge Citywide Communications Services | May 7, 2026 | 25
4.6 5.1.6REFERENCES AND SAMPLE WORK Sample Materials
Rethink What You Think
Allies for change Campaign Toolkit
Pasadena Partnership
Pasadena Housing Authority/HomesSolveHomelessness.org
This campaign aimed to build community advocacy and support for ongoing efforts to address the root causes and solutions leading to lasting changes in homelessness. Our campaign strategically featured real individuals who had previously experienced homelessness, coupled with statistics and the individual’s current living status. Advertising consisted of out-of-home, print, and programmatic online. The campaign was bolstered by grassroots materials such as yard signs, banners, tote bags, and a toolkit designed to empower interested organizations and individuals with background information, talking points, templates, and other materials to help engender support for community-based solutions.
Right and below: Examples
of transit shelters featuring
actual individuals who currently
or have recently experienced
homelessness in Pasadena.
Above: Cover of digital toolkit
containing talking points, content
and use by community allies and
advocates.
Above left: Example of Social
Media content provided to
community advocates to multiply
the message.
Above: One of several expandable banners
used at community events to economically
create a branded environment
Right: Another example of a transit shelter
featuring actual individuals who currently or
have recently experienced homelessness in
Pasadena.
Perceptiv + NLG Communications | City of La Cañada Flintridge Citywide Communications Services | May 7, 2026 | 26
4.6 REFERENCES AND SAMPLE WORK
Break Barriers at
Pasadena.edu/cahm
Earn a Certified Baker or
other Culinary Arts &
Hospitality Management Certificate.
• Gain desirable industry skills
• Hands-on learning with
industry professionals
• Degree programs also available
WANT TO MAKE SOME
QUICK DOUGH?
CHECK OUT
OUR SWEET
CAREER
OPTIONS.
PCC230111G_2023_Brek_Barrs_BusSheler_CTE_Culnry_M.indd 1 4/14/23 5:57 PM Pasadena City College
This integrated marketing campaign supports enrollment goals and keeps PCC at the forefront in the minds of a diverse audience, from high school seniors to retirees. Based upon research, we developed creative that broke with “typical” community college advertising by featuring how successful, diverse alumni across various fields broke barriers. Marketing runs via billboards, wrapped buses, kiosks, video, and radio. Programmatic online advertising targets high-performing ZIP codes with additional executions on Google and Facebook. In addition, on-campus communications and ancillary campaigns help generate word-of-mouth among students. Our campaigns have led to double-digit student increases at PCC.
Right: Metro Rail, Gold Line, Fall
Enrollment train wrap
Below: Out-of-home advertising for
Career Technical Education Program
Right: Transit advertising for
Break Barriers awareness and
enrollment campaign
Far Right: On-campus banners
celebrating Veterans Month
Right: On-campus CTE banners
Left: Online Pre-roll Video:
www.youtube.com/
watch?v=sgaFugU1eBY
Bottom: Super King Metro
advertising in support of general
awareness and enrollment
5.1.6 Sample Materials
Perceptiv + NLG Communications | City of La Cañada Flintridge Citywide Communications Services | May 7, 2026 | 27
4.6 REFERENCES AND SAMPLE WORK
Los Angeles County Homeless Initiative – Public Relations, Media Relations To support the County's charge to combat and prevent homelessness, we sec earned media coverage and created print and digital newsletters, open-source web-based tools to raise awareness, and increase community engagement.
AFB – Strategic Communications Partner Proposal 24
Public Relations, Media Relations, Marketing
nd prevent homelessness, we secured an ongoing stream of d digital newsletters, open-source publications, and multilingual rease community engagement.
Los Angeles County Board of Supervisors/Homeless Initiative NLG Communications was retained by LA County to direct media and strategic communications for the priority regional effort to address the regional homelessness crisis. The broad scope of work included creation of messages, talking points, communiqués, briefing documents, legislative testimony, news releases, op-eds, and briefing reports; creation of content including videos, social media platforms, digital newsletters, website; serving as the primary liaison with media; planning dozens of press conferences, media briefings, press tours and public meetings; conducting message/media spokesperson/presentation trainings; and providing communications technical assistance for County departments/agencies. Perceptiv played an instrumental role in developing compelling digital newsletters and other creative materials to support constituent and stakeholder outreach.
NLG Communications / perceptiv | CAFB – Strategic Communications Partner Proposal 24 Los Angeles County Homeless Initiative – Public Relations, Media Relations, Marketing To support the County's charge to combat and prevent homelessness, we secured an ongoing stream of earned media coverage and created print and digital newsletters, open-source publications, and multilingual web-based tools to raise awareness, and increase community engagement.
NLG Communications / perceptiv | CAFB – Strategic Communications Partner Proposal 24 Los Angeles County Homeless Initiative – Public Relations, Media Relations, Marketing To support the County's charge to combat and prevent homelessness, we secured an ongoing stream of earned media coverage and created print and digital newsletters, open-source publications, and multilingual web-based tools to raise awareness, and increase community engagement.
Left and Above:
Newsletter and social
media content
Right: Feature coverage
of Homeless Initiative in
LA Daily News
Left: Website
5.1.6 Sample Materials
Perceptiv + NLG Communications | City of La Cañada Flintridge Citywide Communications Services | May 7, 2026 | 28
4.6 REFERENCES AND SAMPLE WORK
Los Angeles Homeless Services Authority
The Los Angeles Homeless Services Authority is the City-County of Los Angeles joint powers authority that coordinates housing and services for families and individuals experiencing homelessness across Los Angeles County. NLG Communications and Perceptiv were retained to develop and direct a comprehensive communications, promotions and outreach campaign to enlist volunteers in its annual Greater Los Angeles Homeless Count, an annual countywide census of people experiencing homelessness which requires thousands of community volunteers. The team created a new compelling visual identity and brand for the signature event, and were responsible for all marketing and PR/media elements, including media relations, press conferences, social media micro-content, digital newsletters, outdoor signage, electronic communications, pamphlets and door hangers and other outreach materials.
Left: Homeless
Count Identity
Right: Recruitment posters
used in storefronts
Below Left:
Digital newsletter
to volunteers and
Left: Social media
micro content elements
Right: Outreach flyer,
also used as a door
hanger and social
media content.
5.1.6 Sample Materials
Perceptiv + NLG Communications | City of La Cañada Flintridge Citywide Communications Services | May 7, 2026 | 29
REQUIRED DISCLOSURES AND ATTACHMENTS
Financial and/or relational disclosure
Perceptiv and NLG Communications are not aware of any current financial or professional affiliations with the City of La Cañada Flintridge or property owners adjacent to project sites that would create a conflict of interest for this engagement. This statement can be supplemented before contract execution if the City requires additional detail or if new information becomes known.
Proof of authority
Craig Rettig, Partner, Marketing, is authorized to submit this proposal on behalf of Perceptiv.
Documentation confirming authority to bind the corporation can be provided upon request or at contract execution, consistent with Section 8.0 of the RFP.
Acknowledgment of standard agreement
Perceptiv has reviewed the sample Professional Services Agreement attached to the RFP.
Perceptiv does not request material exceptions at this time and is prepared to negotiate final terms in good faith with the City. This proposal assumes mutually acceptable final terms, insurance requirements, indemnification language, scope, compensation, and administrative provisions.
Non-collusion affidavit
Attached is a completed and notarized Non-Collusion Affidavit using the City-provided Exhibit A form.
Perceptiv + NLG Communications | City of La Cañada Flintridge Citywide Communications Services | May 7, 2026 | 30
REQUIRED DISCLOSURES AND ATTACHMENTS
Perceptiv + NLG Communications | City of La Cañada Flintridge Citywide Communications Services | May 7, 2026 | 31
REQUIRED DISCLOSURES AND ATTACHMENTS
Perceptiv + NLG Communications | City of La Cañada Flintridge Citywide Communications Services | May 7, 2026 | 32 APPENDIX A: TEAM RESUMES
Craig Rettig - Partner, Marketing, Perceptiv
Craig Rettig brings more than 35 years of agency experience across marketing, advertising, media strategy, public-sector campaigns, education, civic communications, and creative execution. His career includes leadership experience with Della Femina McNamee, Ketchum, NW Ayer, Suissa Miller, and Davis Elen. At Perceptiv, Craig leads strategy and client service for mission-driven organizations, public agencies, educational institutions, and civic brands.
His experience includes work with the City of Los Angeles, the City of Pasadena, Pasadena City College, Los Angeles Public Library, USC, the Tournament of Roses, and other Southern California institutions. For La Cañada Flintridge, Craig will serve as principal support and contract liaison, ensuring responsiveness, clear workflow, practical recommendations, and quality control while backing Naomi’s day-to-day leadership.
Naomi Goldman - Principal, NLG Communications
Naomi Goldman is a strategic communications practitioner with more than three decades of experience steering campaigns that engage communities, safeguard reputations, advance civic priorities, and effect social change. She has served in senior communications roles for municipalities, government agencies, and elected officials, including as communications director and in public information officer roles. Her work has included housing and homelessness, public transportation, public health, education, employment, emergency management, environmental health, and workforce development. Her clients have included the City of Los Angeles, Los Angeles County Board of Supervisors/LA County Homeless Initiative, California Community Foundation, American Red Cross, Metrolink, Hospitality Training Academy, and the Office of the California Governor. For LCF, Naomi will serve as Project Lead and primary day-to-day contact, providing senior communications strategy, media relations, issues management, crisis communications, public affairs judgment, and public engagement counsel.
Aaron King - Senior Designer, Perceptiv
Aaron King is a creative director and strategic designer with more than 25 years of experience in identity, branding, print, advertising, annual reports, web, environmental graphics, and civic communications. His clients have included the City of Los Angeles, the City of Pasadena, HP, IBM, Sony, the University of Michigan, UCLA, USC, MoMA, the Walker Art Center, and numerous public-serving organizations. Aaron’s work blends design discipline with strong conceptual thinking and production rigor. For LCF, he will lead design for newsletters, reports, Outlook ads, social graphics, public information materials, and other resident-facing deliverables.
Perceptiv + NLG Communications | City of La Cañada Flintridge Citywide Communications Services | May 7, 2026 | 33 APPENDIX A: TEAM RESUMES
Andre Verona - Senior Programmer, Perceptiv
Andre Verona brings more than 15 years of experience spanning art direction, digital production, project management, UX, wireframing, prototyping, interactive development, and website support. His technical experience includes HTML/CSS, PHP, jQuery, WordPress, and content management systems. He is trilingual in English, Portuguese, and Spanish. For LCF, Andre will support website posting, technical coordination, vendor communication, digital graphics, CMS support, accessibility-minded publishing, and troubleshooting.
Alex Konda - Media Director, Perceptiv
Alex Konda brings approximately 20 years of media leadership and buying experience, including senior roles at Ayzenberg Group. He founded his own media buying firm in 2017, specializing in creative media strategies and strong negotiation. For LCF, Alex will provide strategic counsel on any approved paid media or placement needs, including print, outdoor, broadcast, and digital channels, only with City authorization.
Antonio Arriola - Video Content Creator-Producer, Perceptiv Antonio Arriola is a video producer and content creator experienced in developing public-facing video assets, documentary-style storytelling, testimonials, public service announcements, and social-ready content. He supports concept development, filming, editing, graphics, captions, and final delivery. For LCF, he will support authorized video, PSA, instructional, event, or storytelling assignments.
Perceptiv + NLG Communications | City of La Cañada Flintridge Citywide Communications Services | May 7, 2026 | 34 APPENDIX B: DELIVERABLES-AT-A-GLANCE
Deliverable Frequency Lead Approval/Notes
Bi-weekly coordination
agenda and action
summary
Bi-weekly Naomi / Project Manager Reviewed with ACM
Rolling
communications
calendar
Monthly updates;
triannual planning
Naomi / Craig six- to twelve-month
view
Social media posts Up to 10/week Naomi + Content &
Design Team
City approval as
required
Social monitoring and
escalation
Seven days/week Monitoring support Escalate sensitive/
policy inquiries
LCF Bulletin Monthly Content + Design Team City-approved platform/ content
Quarterly print
newsletter
Up to 4/year Content + Design Team Printing/postage by City Outlook newspaper
ads
Twice monthly Design + Production
Team
Canva templates provided
by City
Press releases /
statements
Up to 24/year Naomi City spokesperson
retained by City
Website updates Routine within 2
business days; urgent
same day when
authorized
Andre + Digital Team Vendor coordination as
needed
KPI report Monthly Project Team Quarterly review;
annual Council
summary
Emergency training
participation
1–4/year Naomi SEMS/NIMS/ICS/EOC/
JIC readiness
Annual Report / PAFR
/ Budget at a Glance /
mailers
Ad hoc as authorized Creative + Content
Team
Estimate before work
begins
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X
City of La Cañada Flintridge
City Manager’s Office
REQUEST FOR PROPOSALS
Professional Services for Citywide Communications Services Date Released: April 9, 2026
Questions regarding RFP due 12:00 P.M., April 16, 2026
Proposals are due prior to 5:00 P.M., May 7, 2026
Anticipated Start Date: July 1, 2026
Arabo Parseghian
Assistant City Manager
City of La Cañada Flintridge
One Civic Center Drive
La Cañada Flintridge, CA 91011
City of La Cañada Flintridge Citywide Communications Services X
X
Request for Proposals
Professional Services for Citywide Communications Services
CONTENTS
1.0 INVITATION FOR PROPOSALS ................................................................ 1
2.0 CITY DESCRIPTION & BACKGROUND...................................................... 1
3.0 SCOPE OF SERVICE ................................................................................. 1
4.0 CONTENTS OF PROPOSAL ....................................................................... 5
5.0 SELECTION PROCESS AND CRITERIA ..................................................... 6
6.0 CONTRACT AWARD ................................................................................. 7
7.0 STANDARD AGREEMENT ......................................................................... 7
8.0 PROOF OF AUTHORITY ........................................................................... 8
9.0 FINANCIAL AND/OR RELATIONAL DISCLOSURE.................................... 8
10.0 AWARD AND PROPOSAL RETENTION................................................... 8
11.0 DISQUALIFICATION OF PROPOSER ..................................................... 8
12.0 COMPLIANCE WITH LAWS ................................................................... 8
13.0 WITHDRAWAL OF PROPOSAL .............................................................. 8
14.0 FIRM COMMITMENT OF AVAILABILITY OF SERVICE ........................... 8
15.0 LIMITATIONS AND RESERVATIONS..................................................... 9
16.0 RFP NOT CONTRACTUAL ...................................................................... 8 EXHIBIT “A”................................................................................................... 10 ATTACHMENT “1”........................................................................................... 11
City of La Cañada Flintridge
Citywide Communications Services
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X
1.0 INVITATION FOR PROPOSALS
The City of La Cañada Flintridge (“City”) invites qualified and experienced consultants or firms to submit proposals to provide comprehensive Citywide communications services. The City seeks a professional communications partner capable of providing strategic planning, operational execution, media relations, digital communications, outreach, broadcasting services, and emergency communications support in coordination with City staff.
This is a professional services procurement subject to the City’s Purchasing Policies and Procedures and California law. Selection will be based on a best-value evaluation.
The tentative schedule for this procurement is as follows:
Action Date
Request for Proposal (RFP) Issued April 9, 2026
Questions Regarding RFP Due April 16, 2026
Addenda to be Issued (if Any) April 20, 2026
Proposals Due May 7, 2026
Interview Days (if required) May 26, 2026, through May 28, 2026 Questions regarding this RFP must be submitted on PlanetBids no later than 12:00 p.m. on April 16, 2026, and the proposal must be submitted via PlanetBids no later than 5:00 p.m. on May 7, 2026.
Any clarification to the RFP shall be made by an addendum by close of business on April 20, 2026. Copies of any addenda will be posted on PlanetBids and e-mailed to all known prospective proposers. Each proposal shall acknowledge receipt of all addenda issued during the solicitation period by including them in the Proposal. Failure to do so may result in the Proposal being rejected as not responsive.
Please note that proposals submitted to the City are potentially subject to public records requests.
2.0 CITY DESCRIPTION & BACKGROUND
The City of La Cañada Flintridge is a residential community located in the foothills of the San Gabriel Mountains in Los Angeles County. As a contract city, La Cañada Flintridge relies on regional partners for several municipal services and places a strong emphasis on transparent, timely, and accessible public communications.
The City manages a growing volume of public information, emergency preparedness outreach, digital communications, community engagement, and broadcasting services. To support these efforts, the City seeks an experienced communications consultant to work collaboratively with City staff under the direction of the City Manager’s Office.
3.0 SCOPE OF SERVICE
The City is seeking qualified consultants to provide professional services for a one-year term with the option of two two-year extensions for the following. The scope outlined below is intended to be thorough but not exhaustive. Proposers may recommend refinements that improve effectiveness, provided core requirements are met.
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Citywide Communications Services
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3.1 Governance and Coordination
• Consultant shall work under the direction of the Assistant City Manager (ACM). • Consultant shall coordinate with the City’s internal communications team. • Consultant shall not communicate directly with City Council Members unless expressly authorized in writing.
• Consultant shall not provide political, advocacy, or policy advice.
3.2 Core Services
Services include, but are not limited to:
• Strategic communications planning and project management • Regular recommendations and strategic sessions on improving the City’s communication efforts, including the incorporation of new/updated industry Best Management Practices (BMP).
• Public relations support for highly political or major City actions, strategies on protecting and enhancing the City’s reputation through proactive messaging and image management.
• Ongoing Project Management and Strategy
o Bi-weekly 60-minute calls facilitated by Consultant
o Preparation of agendas, meeting notes, and written action summaries.
o Maintenance of a shared project workspace.
o Weekly internal audits of social media and active campaigns. o Turnaround standards: standard requests within three (3) business days; time-sensitive requests within 24–48 hours as approved by the ACM.
o Creation and implementation of public outreach plans for events, townhalls, or other major city initiatives.
o Creation and tracking of QR Codes
• Support in development and Coordination of the City’s State of the City • Social media management and monitoring
• Content creation, fact-checking, graphic design, scheduling, and posting. • Up to ten (10) unique posts per week across Facebook, Instagram, and X.
• Seven-day-per-week monitoring of City social media inboxes. • Monitoring and resharing of relevant posts from the City’s Public Safety agencies
• Initial response goal within 24 hours, excluding City holidays. • Escalation of sensitive or policy-related inquiries to City staff. • Paid advertising only with prior written City approval. • Facilitate social media archival services (subscription paid by City). • Media relations and content development
• Drafting press releases and official statements (up to 500 words). • Up to twenty-four (24) releases or statements annually. • Coordination of media inquiries with City staff.
• Drafting articles, speeches, letters, and presentations as requested. • Consultant shall not act as the City’s spokesperson.
• Proofreading and editing
• Copyediting and proofreading of City-provided materials. • Compliance with City Style Guide and branding standards. • Communications calendars and planning
• Triannual (every four months) planning sessions with City leadership. • Development of a rolling six- to twelve-month Communications Calendar. • Written summaries of themes and outreach priorities.
• Print and digital newsletter production
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Citywide Communications Services
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• Print Newsletter
o Quarterly production of print newsletter (up to four issues annually).
o Editorial planning, writing, graphic design, and print coordination. o Six pages per issue (8.5” x 11”).
o ADA-compliant digital version.
o Printing and postage paid by the City but coordinated by the Consultant with a third-party vendor.
• Digital Newsletter – LCF Bulletin:
o Monthly distribution via City-approved platform.
o Formatting, layout, and scheduling.
o Content sourced from approved City materials.
• Outlook Newspaper Reoccurring Ads
o Twice a month, production of a newspaper ad.
o Formatting, layout, and scheduling. Canva Templates provided by the City.
o Content sourced from approved City materials.
o Standard ad size is a quarter page (5”x7.5”) but may be up to a half (10”x7.5”) or full (10”x15.5”) page depending on content. o Printing paid by the City but coordinated by the Consultant. • Website technical support, content support, and vendor coordination • Posting of City-approved content.
• Technical updates and publishing support, including review for ADA compliance of all posted materials.
• Coordination and management of all third-party website vendors, including hosting providers.
• Routine updates within two (2) business days; urgent updates same day when authorized.
• Creation and update of small digital graphics highlighting topics of interest consistent with ongoing city promotions.
• Original content drafting excluded unless separately approved. • Broadcasting services for City meetings (optional)
• Provision of broadcasting services for the Planning Commission's regular and special meetings.
• Staffing, technical setup, live or recorded broadcasting, and post-meeting processing.
• Additional broadcasting services for other City meetings or events as requested and authorized. Price per cost of each additional meeting. • Crisis and major incident communications support (Non-emergency declared matters) (as needed service not part of the retainer)
• Consultant shall support City communications during crisis and major incidents for upon request by the City Manager or ACM.
• Drafting messaging and managing high-volume communications. • Participation in post-incident after-action communications summaries. • 24/7 availability applies only during major incidents or as authorized. • Performance reporting and KPI tracking, which maybe be presented to the City Council on a quarterly basis.
3.3 Emergency Communications
Consultant shall support and provide communication staffing for City emergency communications when activated and shall operate in compliance with SEMS, NIMS, ICS, EOC, and JIC protocols. Participation in City emergency operations training is required (between two to four trainings a year).
City of La Cañada Flintridge
Citywide Communications Services
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• 24/7 availability applies only during declared emergencies or as authorized.
• Active monitoring and engagement on Social Media during a declared emergency.
• Participate in internal briefing to gather information for communication purposes.
• Drafting messaging and managing high-volume communications. • Drafting of City’s Mayor’s Message and other communication materials. • Participation in post-incident after-action communications summaries. • Consultant staff member(s) assigned to the City shall participate in City emergency operations training alongside City staff to ensure readiness to serve as part of the City’s Emergency Operations Center (EOC).
3.4 Performance Standards
• Defined turnaround times for standard and urgent requests. • Monthly KPI performance reporting.
• Quarterly performance reviews.
• Corrective action when standards are not met.
• Annual presentation to the City Council, highlighting KPI performance reporting and best management practices.
3.5 Data Ownership, Security, and Records
• All deliverables, accounts, and data are City property. • Compliance with the California Public Records Act and records retention requirements.
• Compliance with City cybersecurity policies.
• Full data and credential transfer upon contract termination.
3.6 Staffing and Continuity
• Identification of key personnel, including potential ad hoc service staffing/capability.
• City approval required for staff substitutions.
• Onboarding and transition support required.
3.7 Accessibility, Equity, and Compliance
• ADA Title II and WCAG 2.1 AA compliance required for all deliverables. • Support for inclusive and equitable outreach strategies. • Compliance with FAA and City requirements for drone, photo, and video services.
3.8 Ad Hoc Services
In addition to the ongoing services described in this RFP, the City periodically requires ad hoc communications support to address emerging needs, special projects, or time-sensitive initiatives. Examples of such ad hoc services may include, but are not limited to, video production (including public service announcements, instructional or informational videos, and video guides), development of digital materials (such as graphics, templates, user guides, and mailers), and coordination or development of printed materials (including banners, pamphlets, and similar outreach materials). Annual Ad Hoc Services will include, but are not limited to:
• Annual Digital Annual Report
o Yearly production of the City’s Annual Report.
o Formatting, writing, graphic design, and layout.
o Content sourced from City staff.
o Approximately 20 pages per issue (8.5”x11”), including cover and back
City of La Cañada Flintridge
Citywide Communications Services
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page.
o ADA-compliant digital version.
• Annual Digital PAFR
o Yearly production of a PAFR.
o Formatting, writing, graphic design, and layout.
o Content sourced from City staff.
o ADA-compliant digital version.
• Annual Budget at a Glance
o Yearly production of LCF Budget at a Glance.
o Formatting, writing, graphic design, and layout.
o Content sourced from City staff.ADA-compliant digital version. o Printing and postage paid by the City but coordinated by the Consultant with a third-party vendor.
• Miscellaneous Mailers
o ½ page double sided mailers for various PSAs, approximately 4 per year. o Formatting, writing, graphic design, and layout.
o Content sourced from City staff.
o Printing and postage paid by the City but coordinated by the Consultant with a third-party vendor.
Proposers shall describe in their Proposal their full range of communications capabilities relevant to these potential ad hoc services, including in-house resources, subcontracted services (if any), and the ability to scale services as needed. The City seeks a Consultant capable of providing comprehensive communications support on an as-needed basis, subject to City authorization and consistent with the terms of the Agreement. • Services beyond the retainer require authorization by the City, including but not limited to: video production, graphics design, special projects, photography services, etc.
• Billed at the ad hoc services rate based on the proposal.
3.9 Explicit Exclusion
• Lobbying or political advocacy
• Independent policy development
• Legal advice
• Unauthorized media statements
• Paid advertising without City approval
Consultant shall work under the direction of the Assistant City Manager (ACM).
The City shall retain the right to perform any/all work with City staff or other contractors.
4.0 CONTENTS OF PROPOSAL
The Proposal shall be submitted in accordance with Section 1 of this RFP. The content of the Proposal shall be submitted in the order as specified below. Additional information may be submitted, but the Proposal shall include, at a minimum, the following information:
4.1 Cover Letter
The Proposal must include a cover letter, signed by an individual authorized to bind the consultant to the Proposal, that provides a brief introduction to the firm, expresses interest in the project, and highlights the firm’s understanding of the scope. The letter should also include the name, title, and
City of La Cañada Flintridge
Citywide Communications Services
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contact information of the person who will serve as the main point of contact.
4.2 Firm Qualifications and Experience with Similar Projects Consultants must describe their specific qualifications related to a proven track record of successful citywide communication services as described in the scope of work. These qualifications should demonstrate experience providing communication services for municipal governments or public agencies; strong writing, editing, and content development skills; expertise in public outreach and stakeholder engagement; and the ability to collaborate effectively with City staff and community stakeholders.
Proposer must include in his/her Proposal a complete disclosure of any civil or criminal litigation in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any Proposal. The City reserves the right to reject any Proposal based upon the Proposer's prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failures to meet contract milestones or other contractual failures.
4.3 Project Understanding and Approach
In the Proposal, the Proposer should demonstrate their understanding of the City's requirements, provide a detailed narrative demonstrating their understanding of the scope of work, and describe their proposed approach and methodology for providing citywide communication services.
Proposal should be presented in a format that corresponds to, and references, the sections outlined in this RFP, and should be presented in the same order. Responses to each section and subsection should be labeled to indicate which item is being addressed. Proposal must include all proposed terms and conditions.
4.4 Key Personnel, Resumes, and Rates
The Proposal must identify the key personnel who will be assigned to this project, including a brief description of their roles and responsibilities, relevant experience, and qualifications. Resumes must be included as an appendix. Also include a rate sheet listing hourly rates for each team member proposed, as well as any anticipated administrative or support costs.
4.5 Proposed Budget
Respondents must outline a detailed budget with cost breakdowns including but not limited to hourly rates, flat fees, and/or retainer structures. Proposals lacking a clear, feasible, and complete budget may be disqualified or receive lower evaluation scores. The City reserves the right to negotiate these elements prior to awarding a contract.
4.6 References & Sample Work
List at least three professional references from clients for whom similar work has been completed within the past five years. Include the client’s name, contact information, and a brief description of the work performed.
5.0 SELECTION PROCESS AND CRITERIA
Selection will be based on the contents of the written Proposal. The Proposals will be evaluated and ranked by the City. A short list of the Proposers will be established and be interviewed. The City will enter into negotiations with the top-ranked Proposer.
City of La Cañada Flintridge
Citywide Communications Services
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If agreement cannot be reached between the top-ranked Proposer and the City, the negotiations will be terminated and the Proposer so informed in writing. The second-ranked Proposer will then be invited to enter into the negotiation process and so on, until an agreement is reached. The City also reserves the right to withdraw the RFP and to reject any or all proposals.
5.1 Evaluation Criteria
Evaluation of proposals will be based on:
• Qualifications and experience as it relates to the scope of work. • Qualifications and experience of the proposed dedicated personnel. • Quality and clarity of proposal.
• Understanding of City priorities and needs.
• Cost-effectiveness of proposed services.
• References and past performance.
5.2 Oral Presentations/Interviews and Consultant Selection Upon review and ranking of proposals, top-ranked proposers may be invited for an interview, to make a presentation to the City and answer questions about their Proposal. Proposers are asked to make key team members available for this date, should interviews be deemed necessary. Upon evaluation of the Proposal and interview of the finalists, the City reserves the right to negotiate the proposed work scope and amount of compensation.
6.0 CONTRACT AWARD
Award will be made to the Proposer offering the most advantageous proposal after consideration of all Evaluation Criteria set forth above. The City of La Cañada Flintridge will make an award in the City's best interests after all factors have been evaluated. Contract award will be based on a combination of factors that represent the best overall value for providing the services as determined by City, including: the written Proposal criteria described above; results of background and reference checks; and results from the interviews and presentation phase.
Contract award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing Proposers unless an agreement is reached. If contract negotiations cannot be concluded successfully, the City of La Cañada Flintridge may negotiate a contract with the next highest scoring Proposer or withdraw the RFP.
7.0 STANDARD AGREEMENT
A sample contract agreement is included with this RFP for the Proposer’s review (Attachment 1).
Proposers having any concerns or objections to the terms and requirements of the proposed agreement shall clearly identify the items of concern and the nature and reasons for their concern, as well as recommend specific alternative language. Any proposed changes to the agreement should be included in the Proposal. If no changes are included with the Proposal, no changes or requests for changes will be considered later.
Any revisions or changes to the agreement submitted by the selected Proposer will not be made a part of this agreement unless approved by the City. The Proposer thereby agrees to be bound to the form of the agreement attached hereto, subject only to changes and amendments agreed to by the City. The agreement provided herein is considered to be a “draft” document, and the City
City of La Cañada Flintridge
Citywide Communications Services
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reserves the right to modify the agreement as necessary during the negotiation process.
8.0 PROOF OF AUTHORITY
Every Proposal must be signed by the person or persons legally authorized to bind the Proposer to a contract for the execution of the work. Upon request of the City, any agent submitting a Proposal on behalf of a Proposer shall provide a current power of attorney certifying the agent's authority to bind the Proposer. If an individual makes the Proposal, his or her name, signature, and post office address must be shown. If a firm or partnership makes the proposal, the name and post office address of the firm or partnership and the signature of at least one of the general partners must be shown. If a corporation makes the proposal, the Proposal shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation and the title of the person signing on behalf of the corporation. The corporation shall provide a certified copy of the bylaws or resolution of the board of directors showing the authority of the officer signing the Proposal to execute contracts on behalf of the corporation.
9.0 FINANCIAL AND/OR RELATIONAL DISCLOSURE
Proposer shall provide, as an exhibit to its proposal, a statement indicating all past and present financial and/or professional affiliations with the City of La Cañada Flintridge or property owners adjacent to the project sites. If there are no affiliations, then Proposer shall so state.
10.0 AWARD AND PROPOSAL RETENTION
City reserves the right to retain all Proposals for a period of 90 days for examination and comparison. City also reserves the right to waive non-substantial irregularities in any Proposal, to reject any or all Proposals, to reject or delete one part of a Proposal and accept the other, except to the extent that Proposals are qualified by specific limitations.
11.0 DISQUALIFICATION OF PROPOSER
If there is reason to believe that collusion exists among the Proposers, the City may refuse to consider Proposals from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one Proposal for the same work unless alternate Proposals are called for. Reasonable ground for believing that any Proposer is interested in more than one Proposal for the same work will cause the rejection of all Proposals for the work in which a Proposer is interested. If there is reason to believe that collusion exists among the Proposers, the City may refuse to consider Proposals from participants in such collusion.
Proposers shall submit as part of their Proposal documents the completed Non-Collusion Affidavit provided herein as Exhibit A.
12.0 COMPLIANCE WITH LAWS
All proposals shall comply with current federal, state, and other laws relative thereto.
13.0 WITHDRAWAL OF PROPOSAL
A Proposer may withdraw the Proposal without prejudice prior to the due date specified for the Proposal through PlanetBids. No proposal received after the time specified or at any place other than that stated in the RFP will be considered.
14.0 FIRM COMMITMENT OF AVAILABILITY OF SERVICE
City of La Cañada Flintridge
Citywide Communications Services
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Once a Proposal is opened, the Proposer is expected to maintain an availability of service as set forth in its Proposal for a ninety (90) day period after the due date for receipt of Proposals and that the proposed work will be performed at the price in the Proposal.
15.0 LIMITATIONS AND RESERVATIONS
All responses to this Request for Proposal shall become the sole property of the City of La Cañada Flintridge. The City reserves the right to reject any or all Proposals submitted in the interest of the City.
16.0 RFP NOT CONTRACTUAL
This Request for Proposals does not commit the City to award a contract or to pay any costs incurred in preparing the proposal.
City of La Cañada Flintridge
Citywide Communications Services
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EXHIBIT “A”
NON-COLLUSION AFFIDAVIT
STATE OF CALIFORNIA )
COUNTY OF ) ss
, being first duly sworn, deposes and
says that he is
(Sole owner, partner, president, secretary, etc.)
of ,
the party making the foregoing bid; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; that such bid is genuine and not collusive or sham; that such bidder has not directly or indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix the bid price of said bidder or of any other bidder, or to fix any overhead, profit or cost element of such bid price, or of that of any other bidder, or to secure an advantage against the public body awarding the contract or anyone interested in the proposed contract; that all statements contained in such bid price or of that of any other bidder, or to secure an advantage against the public body awarding the contract or anyone interested in the proposed contract; that all statements contained in such bid are true; and, further, that said bidder has not, directly or indirectly, submitted his bid price or any breakdown thereof, or the contents there of, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to such person or persons as have a partnership or other financial interest with said bidder in his general business.
Subscribed and sworn before me
this day of
(Notary Seal)
Signed:
Title:
Signature of Notary Public
City of La Cañada Flintridge Citywide Communications Services
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ATTACHMENT “1”
Sample Professional Service Agreement
01172.0001/563136.1 12
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF LA CAÑADA FLINTRIDGE
and
_____________________________________
Long Form PSA
01172.0001/563136.1
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF CITY OF LA CAÑADA FLINTRIDGE AND
____________________
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into on ______________, 2026 by and between the City of La Cañada Flintridge, a California municipal corporation (“City”) and ___________________________, [TYPE OF ENTITY] (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of La Cañada Flintridge Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder.
As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest
01172.0001/563136.1 14
professional standards” shall mean those standards of practice recognized by one or more firstclass firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 California Labor Law.
If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for
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the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.
(d) Payroll Records. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit $25 for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1.5 times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Consultant’s Authorized Initials ________
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(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.
1.7 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
1.8 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes
01172.0001/563136.1 17
of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.9 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to 10% of the Contract Sum or $14,999, whichever is less; or, in the time to perform of up to 180 days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.10 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $ ( Dollars) (the “Contract
Sum”), unless additional compensation is approved pursuant to Section 1.9.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
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2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.
By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories:
labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Subcontractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within 45 days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
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Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding 180 days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within 10 days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). [The City may, in its sole discretion, extend the Term for additional one-year terms.] ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Name Title
Name Title
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It is expressly understood that the experience, knowledge, capability and reputation of the Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be _____________________________, or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of
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Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
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(d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
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(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements
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of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions
filed in connection with any of said claims or
liabilities and will pay all costs and expenses,
including legal costs and attorneys’ fees
incurred in connection therewith;
(b) Consultant will promptly pay any judgment
rendered against the City, its officers, agents
or employees for any such claims or liabilities
arising out of or in connection with the
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negligent performance of or failure to
perform such work, operations or activities of
Consultant hereunder; and Consultant agrees
to save and hold the City, its officers, agents,
and employees harmless therefrom;
(c) In the event the City, its officers, agents or
employees is made a party to any action or
proceeding filed or prosecuted against
Consultant for such damages or other claims
arising out of or in connection with the
negligent performance of or failure to
perform the work, operation or activities of
Consultant hereunder, Consultant agrees to
pay to the City, its officers, agents or
employees, any and all costs and expenses
incurred by the City, its officers, agents or
employees in such action or proceeding,
including but not limited to, legal costs and
attorneys’ fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the
01172.0001/563136.1 26
books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
01172.0001/563136.1 27
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default.
This timeframe is presumptively 30 days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give
01172.0001/563136.1 28
notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
01172.0001/563136.1 29
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon 30 days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon 60 days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.9 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which
01172.0001/563136.1 30
may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which they are, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager
01172.0001/563136.1 31
and to the attention of the Contract Officer (with their name and City title), City of La Cañada Flintridge, One Civic Center Drive, La Cañada Flintridge, California 91011 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement.
Either party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed communicated at the time personally delivered or in 72 hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect their financial interest or the financial interest of any corporation, partnership, or association in which they are directly or indirectly interested, or in violation of any corporation, partnership, or association in which they are directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be
01172.0001/563136.1 32
“remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that they have not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
01172.0001/563136.1 33
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF LA CAÑADA FLINTRIDGE, a
municipal corporation
Dan Jordan, City Manager
ATTEST:
Tania Moreno, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Adrian Guerra, City Attorney
CONSULTANT:
___________________________________
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS,
ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
01172.0001/563136.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2026 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_____________________________
__
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_________________________________________
____
_________________________________________
____
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01172.0001/563136.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2026 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_____________________________
__
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_________________________________________
____
_________________________________________
____
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01172.0001/563136.1 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services:
A.
II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:
a.
III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:
IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
V. Consultant will utilize the following personnel to accomplish the Services:
01172.0001/563136.1 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text is indicated in srtrikethrough.
01172.0001/563136.1 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:
RATE TIME SUB-BUDGET
A. __________ __________ __________ __________
B. __________ __________ __________ __________
C. __________ __________ __________ __________
D. __________ __________ __________ __________
II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9.
III. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
IV. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.
V. The Consultant’s billing rates for all personnel are attached as Exhibit C-1.
01172.0001/563136.1 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:
Days to
Perform
Deadline Date
A. Task A ______________ ______________
B. Task B ______________ ______________
C. Task C ______________ ______________
II. Consultant shall deliver the following tangible work products to the City by the following dates.
A.
B.
C.
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
City Council Agenda Report
Meeting Date: June 16, 2026
Subject: Approval of the Contract Renewal with All City Management Services for Crossing Guard Services for FY 2026-27
Presenter: Madison Dederick, Senior Management Analyst I Proposed Action: (i) Approve the Contract Renewal with All City Management Services for Crossing Guard Services for FY 2026-27; (ii) waive the formal bidding process; and (iii) authorize the City Manager to execute the contract
Environmental Impact: This action is not a project under the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines Fiscal Impact: The total cost for FY 2026–27 crossing guard services is $324,931.
Sufficient funds was included in the FY 2026–27 preliminary budget reviewed by the City Council during the budget process
Background:
Since 2007-08, the City has contracted with All City Management Services Inc. to provide crossing guard services to support student pedestrian safety near schools throughout La Cañada Flintridge.
All City Management Services Inc. is responsible for hiring, training, managing, and deploying crossing guards at designated locations. The agreement provides that All City Management Services Inc. personnel are trained in applicable pedestrian safety laws and that services are provided on school days in coordination with the designated schools.
On January 20, 2026, the City Council approved the addition of a crossing guard location at La Cañada Boulevard and Fernside Drive to support pedestrian safety near La Cañada Elementary School. The added location was intended to improve student crossing compliance, address visibility and traffic concerns, and reduce the need for Sheriff’s Department personnel to provide recurring traffic control in the area.
The renewal item was originally scheduled for City Council consideration on May 5, 2026. At that time, the City Council continued the item so that the continuation of the additional La Cañada Elementary crossing guard location could be considered during the FY 2026-27 budget hearings.
The Council has since discussed the matter during the budget process and is moving forward with continued funding for the additional crossing guard.
Discussion/Analysis:
FY 2026-27 Contract Renewal
For FY 2026-27, ACMS has submitted a proposed agreement to continue providing crossing guard services from July 1, 2026 through June 30, 2027. The agreement also includes automatic renewal provisions for up to two additional one-year periods unless either party provides written notice of non-renewal.
The contractor will continue to provide trained crossing guard personnel, supervisory oversight, backup staffing, safety apparel, handheld stop signs, and required insurance coverage.
ACMS has indicated that the FY 2026-27 rate increase is driven in part by increased insurance costs associated with crossing guard operations. The renewal letter notes that crossing guard work carries documented risk exposure and that insurance premium increases have affected the cost of maintaining required general liability and workers’ compensation coverage.
Continuation of Additional La Cañada Elementary Crossing Guard The additional crossing guard at La Cañada Boulevard and Fernside Drive was approved in January 2026 and has been operating during school arrival and dismissal periods. The location was identified through prior traffic and school-area safety discussions as a location where additional supervised crossing support would improve pedestrian safety and traffic operations.
The FY 2026-27 agreement includes continuation of this location as part of the City’s crossing guard program. The City Council reviewed this continuation during the budget hearings and provided direction to continue funding the additional location.
School and Community Feedback
Feedback received regarding the additional crossing guard location has generally supported continuation of the service.
La Cañada Elementary staff indicated that the additional crossing guard location has been beneficial in improving student safety and traffic operations. School feedback noted that students are more likely to use the designated crossing when a crossing guard is present, reducing unsafe mid-block crossings and improving overall crossing compliance.
School staff also observed that the location receives usage levels comparable to other crossing guard locations and that the additional adult presence has supported both pedestrian safety and traffic management during school arrival and dismissal periods.
Resident feedback has also indicated that the crossing guard is beneficial under current roadway conditions, particularly due to the curve and visibility limitations near the southwest side of the intersection. Residents noted that the crossing guard crosses a meaningful number of pedestrians and helps address safety concerns at the location.
Residents also identified ongoing broader traffic concerns in the La Cañada Elementary area, including illegal turning movements, limited enforcement, school drop-off circulation issues, red curb violations, and driver non-compliance with established traffic patterns. While these concerns extend beyond the crossing guard contract itself, they support the continued need for supervised pedestrian crossing assistance at the Fernside Drive and La Cañada Boulevard location.
Sole Source Consideration
Staff has previously evaluated the availability of alternative crossing guard service providers through outreach and the PlanetBids platform. That review confirmed that ACMS remains the only viable
provider offering comprehensive crossing guard services to local municipalities at the scale required by the City.
Given All City Management Services long-standing service history, existing operational structure, staffing capacity, training responsibilities, and ability to provide substitute personnel when needed, staff recommends waiving the formal bidding process pursuant to sole source procurement guidelines.
Options:
1. (i) Approve the Contract Renewal with All City Management Services for Crossing Guard Services for FY 2026-27; (ii) waive the formal bidding process; and (iii) authorize the City Manager to execute the contract; or
2. Approve the contract renewal but provide alternative direction regarding the additional crossing guard location; or
3. Defer action and provide alternative direction to staff.
Recommendation:
Option No. 1 - It is recommended that the City Council take the following action(s): (i) Approve the Contract Renewal with All City Management Services for Crossing Guard Services for FY 2026-27; (ii) waive the formal bidding process; and (iii) authorize the City Manager to execute the contract.
Attachments:
1. City of La Canada-Flintridge Service Agreement 2026-2027
2. La Canada Flintridge Renewal Letter 2026-2027
AGREEMENT FOR CROSSING GUARD SERVICES
This AGREEMENT FOR CROSSING GUARD SERVICES (the “Agreement”) is dated May 12, 2026, and is between the CITY OF LA CANADA-FLINTRIDGE (hereinafter called the "Principal"), and ALL CITY MANAGEMENT SERVICES, INC., a California corporation (hereinafter called the "Contractor").
WITNESSETH
The parties hereto have mutually covenanted and agreed as follows:
1. This Agreement is for an initial term which commences on or about July 1, 2026, and ends on June 30, 2027 (the “Initial Term”). Thereafter, the term of this Agreement shall renew automatically on the termination date of this Agreement for up to two (2) additional, successive one (1) year periods (each, a “Renewal Term” and, together with the Initial Term, the “Term") unless either party provides the other party with no less than thirty (30) days’ written notice to the other party prior to the end of the Initial Term or the Renewal Term, as applicable, in which case this Agreement shall terminate on the expiration date of the Initial Term, or the then-current Renewal Term, as the case may be.
2. The Contractor will provide personnel equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks. Such personnel shall be herein referred to as a “Crossing Guard”.
The Contractor will perform criminal background checks and confirm employment eligibility through E-Verify on all prospective personnel. The Contractor is an independent contractor and the Crossing Guards to be furnished by it shall at all times be its employees and not those of the Principal.
3. The Principal shall designate a representative to serve as its point of contact for dealing with Contractor with respect to this Agreement.
4. The Principal shall determine the locations where Crossing Guards shall be furnished by the Contractor.
The Contractor shall provide at each designated location personnel properly trained as herein specified for the performance of duties as a Crossing Guard. The Contractor shall provide supervisory personnel to see that Crossing Guard activities are taking place at the required places and times, and in accordance with the terms of this Agreement.
5. The Contractor shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any person fails to report for work at the assigned time and location and agrees to provide immediate replacement.
6. In the performance of its duties the Contractor and all employees of the Contractor shall conduct themselves in accordance with the conditions of this Agreement and all applicable laws of the state in which the Services are to be performed.
7. Persons provided by the Contractor as Crossing Guards shall be trained in all applicable laws of the
state in which the Services are to be performed pertaining to general pedestrian safety in school crossing areas.
8. Crossing Guard Services (the “Services”) shall be provided by the Contractor at the designated locations on all days in which school is in session in the area under Principal’s jurisdiction. The Contractor also agrees to maintain communication with the designated schools to maintain proper scheduling.
9. The Contractor shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties. This apparel must be appropriate for weather conditions. The Contractor shall also provide all Crossing Guards with hand held Stop signs and any other safety equipment which may be necessary.
10. The Contractor shall at all times provide workers' compensation insurance covering its employees and shall provide and maintain liability insurance for Crossing Guard activities. The Contractor will provide to the Principal a Certificate of Insurance naming the Principal and its officials, officers and employees as additional insureds. Such insurance shall include commercial general liability with a combined single limit of not less than $1,000,000.00 per occurrence and in aggregate for property damage and bodily injury. Such insurance shall be primary with respect to any insurance maintained by the Principal and shall not call on the Principal's insurance contributions. Such insurance shall be endorsed for contractual liability and personal injury and shall include the Principal, its officers, agents and interest of the Principal. Such insurance shall not be canceled, reduced in coverage or limits or non-renewed except after thirty (30) days written notice has been given to the Principal.
11. Contractor agrees to defend, indemnify and hold harmless the Principal, its officers, employees, agents and representatives, from and against any and all actions, claims for damages to persons or property, penalties, obligations or liabilities (each a “Claim” and collectively, the “Claims”) that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the sole negligent acts or omissions, or willful misconduct, of Contractor, its agents, employees, subcontractors, representatives or invitees.
a) Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses including attorney's fees incurred in connection herewith.
b) In the event the Principal, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the sole negligence of Contractor hereunder, Contractor agrees to pay Principal, its officers, agents, or employees, any and all costs and expenses incurred by the Principal, its officers agents or employees in such action or proceeding, including, but not limited to, reasonable attorney's fees.
c) In the event that a court determines that liability for any Claim was caused or contributed to by the negligent act or omission or the willful misconduct of Principal, liability will be apportioned between Contractor and Principal based upon the parties’ respective degrees of culpability, as determined by the court, and Contractor’s duty to indemnify Principal will be limited accordingly.
d) Notwithstanding anything to the contrary contained herein, Contractor’s indemnification obligation to Principal for Claims under this Agreement will be limited to the maximum combined aggregate of Contractor’s general liability and umbrella insurance policies in the amount of $6,000,000 (Six Million Dollars).
12. Either party shall have the right to terminate this Agreement by giving sixty (60) days written notice to the other party.
13. The Contractor shall not have the right to assign this Agreement to any other person or entity except with the prior written consent of the Principal.
14. The Principal agrees to pay the Contractor for the Services rendered pursuant to this Agreement the sum of forty dollars and ninety-eight cents ($40.98) per hour, per Crossing Guard during the Initial Term. It is understood that the cost for providing seven thousand nine hundred twenty-nine (7,929) hours of service shall not exceed three hundred twenty-four thousand nine hundred thirty-one dollars ($324,931.00). For automatic renewals no less than (60) days before the expiration of the Initial Term, or the Renewal Term, as applicable, Contractor will notify Principal of its proposed hourly rate for the following 12-month period, which will be deemed accepted by Principal unless Principal notifies Contractor of its disagreement therewith, or its intent not to renew the Agreement, in writing, no less than thirty (30) days prior to the end of the Initial Term or the Renewal Term, as applicable. If Principal disagrees with Contractor’s proposed new hourly rate, but still wishes to renew the Agreement the parties will negotiate in good faith to reach mutual agreement on, and confirm in writing, the new hourly rate for the following 12-month period, prior to the expiration of the Initial Term or the Renewal Term, as the case may be.
15. Payment is due within thirty (30) days of receipt of Contractor’s properly prepared invoice.
16. Contractor may request a price increase during the term as a result of any legally-mandated increases in wages or benefits imposed in the state or municipality in which the Services are to be performed and to which Contractor’s employees would be subject. Contractor shall provide Principal with 60 days-notice of its request to increase pricing. Principal agrees to review and respond to said notice within 30 days of receipt.
17. This Agreement constitutes the complete and exclusive statement of the agreement among the parties with respect to the subject matter hereof and supersedes all prior written or oral statements among the parties, including any prior statements, warranties, or representations. This Agreement is binding upon and will inure to the benefit of the parties hereto and their respective heirs, administrators, executors, successors, and assigns. Each party hereto agrees that this Agreement will be governed by the law of the state in which the Services are to be performed, without regard to its conflicts of law provisions.
Any amendments, modifications, or alterations to this Agreement must be in writing and signed by all parties. There will be no presumption against any party on the ground that such party was responsible for preparing this Agreement or any part of it. Each provision of this Agreement is severable from the other provisions. If any provision of this Agreement is declared invalid or contrary to existing law, the inoperability of that provision will have no effect on the remaining provisions of the Agreement which will continue in full force and effect.
[SIGNATURES FOLLOW ON NEXT PAGE]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year written below.
PRINCIPAL CONTRACTOR
City of La Canada-Flintridge All City Management Services, Inc.
By_____________________________ By______________________________ Signature
_____________________________ _____________________________ Print Name and Title Print Name and Title
Date____________________________ Date____________________________
“Keeping Kids Safe”
11643 TELEGRAPH RD. SANTA FE SPRINGS, CA. 90670 (800) 540-9290 ACMSSAFETY.COM May 8, 2026
Madison Dederick – Senior Management Analyst
City of La Canada Flintridge
One Civic Center Dr. La Canada Flintridge, CA 91011
Dear Ms. Dederick,
As many agencies begin preparing budgets, we would like to confirm our interest in extending our agreement for School Crossing Guard Services through the 2026–2027 school year. Enclosed is a Client Worksheet detailing the updated hourly billing rate and a projection of your annual program cost based on current post locations and service hours.
Each year, we conduct a comprehensive review of the factors that influence the cost of providing a safe and fully compliant School Crossing Guard Program. For the upcoming term, the most significant driver of increased expenses is substantial nationwide increases in insurance premiums. These increases are directly tied to the well‑documented risks associated with crossing‑guard duties.
Recent research found that the job of a crossing guard has become increasingly dangerous and ranks among the top 5 deadliest occupations in the United States. According to a major Associated Press review of nearly 200 police departments, at least 230 school crossing guards across 37 states were struck by vehicles over the past decade, and nearly three dozen were killed.
These realities—documented fatality rates, rising injury claims, and a high‑risk job profile— are directly reflected in the premium increases issued by insurance carriers. As a result, ACMS is experiencing materially higher costs to maintain the essential General Liability and Workers’ Compensation coverage required to operate a safe, compliant, and responsibly insured program.
We remain fully committed to providing a safe, reliable, and professional School Crossing Guard Program for your community. We value our partnership and hope you will find the updated rate both reasonable and necessary to sustain the high safety and coverage standards your program deserves. If you have any questions or need further information, please contact me at (800) 540‑9290.
Thank you for your continued partnership,
Brian Brooks
Chief Operating Officer
All City Management Services Inc.
Sites with Traditional Calendar
Calendar Groups Hours/Year Hourly Billing Rate Group Total 1 Site @ 3.00 hrs/day, 5 days/wk 540 X $40.98 = $22,129.20 (1 site x 3.00 hrs/day x 180 days/yr)
1 Site @ 3.50 hrs/day, 1 day/wk 126 X $40.98 = $5,163.48 (1 site x 3.50 hrs/day x 36 days/yr)
1 Site @ 3.67 hrs/day, 4 days/wk 528 X $40.98 = $21,637.44 (1 site x 3.67 hrs/day x 144 days/yr)
8 Sites @ 4.00 hrs/day, 5 days/wk 5760 X $40.98 = $236,044.80 (8 sites x 4.00 hrs/day x 180 days/yr)
1 Site @ 5.42 hrs/day, 5 days/wk 975 X $40.98 = $39,955.50 (1 site x 5.42 hrs/day x 180 days/yr)
Client Worksheet 2026 - 2027
Department: 1001606
Billing Rate for 2026/2027: $40.98
La Canada-Flintridge, City of
TOTAL ANNUAL PROJECTED HOURS 7929 PROJECTED COST $324,930.42
City Council Agenda Report
Meeting Date: June 16, 2026
Subject: Receive and File the City Operational Calendar for 2026 Quarter 3 Presenter: Arabo Parseghian, Assistant City Manager
Proposed Action: Receive and file the City Operational Calendar for 2026 Quarter 3 as directed by the City Council
Environmental Impact: None
Fiscal Impact: None
Background:
At its October 21, 2025, meeting, the City Council approved the City’s Annual Operational Calendar to serve as a consolidated planning document for key operational, governance, and community milestones. As part of that approval, the City Council directed staff to return to the City Council quarterly with the calendar to ensure alignment, review potential date adjustments, and address any operational changes.
This report represents the quarterly review of the Annual Operational Calendar for 2026 Quarter 3.
Discussion/Analysis:
The Annual Operational Calendar is intended to serve as a comprehensive planning and coordination tool for City leadership, staff, and the public. It consolidates significant dates and activities that impact City operations and community engagement.
The calendar includes:
• Official City holidays in accordance with the City’s Memorandum of Understanding (MOU) with the Employees Association;
• Recognized federal holidays;
• Heritage recognition months;
• La Cañada Unified School District (LCUSD) closures and recess periods; • City Council and Commission meeting dates;
• City-hosted events and major operational milestones.
The quarterly review process allows the City Council to:
• Confirm that scheduled dates remain accurate;
• Identify potential conflicts or needed adjustments;
• Ensure operational alignment across departments; and
• Provide direction on additions or modifications for the upcoming quarter.
The calendar will continue to be maintained as a living document and updated as needed. The current version will remain available on the City’s website for public reference.
Options:
1. Receive and file the City Operational Calendar for 2026 Quarter 3 as directed by the City Council; or
2. Defer action at this time.
Recommendation:
Option No. 1 - It is recommended that the City Council take the following action(s): Receive and file the City Operational Calendar for 2026 Quarter 3 as directed by the City Council.
Attachments:
1. Operational Calendar
Date Time EVENT LOCATION CATEGORY
June - LGBTQ+ Pride Month, Caribbean American and
Immigrant Heritage Month - Heritage Month
6/2/2026 6:00 PM City Council Regular Meeting Council Chambers, City Hall City Council Meeting 6/4/2026 8:00 AM Design Commission Regular Meeting Council Chambers, City Hall Commission Meeting 6/4/2026 - Last day of school for students LCUSD Schools 6/5/2026 3:45 PM Youth Council Regular Meeting Council Chambers, City Hall Commission Meeting 6/9/2026 6:00 PM Sustainability and Resilience Commission Regular Meeting Council Chambers, City Hall Commission Meeting 6/10/2026 6:00 PM Parks and Recreation Commission Regular Meeting Council Chambers, City Hall Commission Meeting
6/11/2026 6:00 PM Planning Commission Regular Meeting Council Chambers, City Hall Commission Meeting 6/16/2026 6:00 PM City Council Regular Meeting Council Chambers, City Hall City Council Meeting 6/18/2026 8:00 AM Design Commission Regular Meeting Council Chambers, City Hall Commission Meeting 6/19/2026 - Federal/State/County Holiday - City Hall is open City Hall Holiday 6/22/2026 6:00 PM Public Safety Commission Regular Meeting Council Chambers, City Hall Commission Meeting 6/24/2026 6:00 PM Public Works & Traffic Commission Regular Meeting Council Chambers, City Hall Commission Meeting
6/25/2026 10:00 PM Mayor's Discovery Park Ribbon Cutting Ceremony Mayor's Discovery Park City hosted/sponsored Event 6/25/2026 6:00 PM Planning Commission Regular Meeting Council Chambers, City Hall Commission Meeting 7/2/2026 8:00 AM Design Commission Regular Meeting Council Chambers, City Hall Commission Meeting 7/3/2026 -
Federal/State/County/City Holiday-City Hall
Closed in Observance of Independence Day
Holiday
City Hall Holiday
7/3/2026 3:45 PM Youth Council Regular Meeting Council Chambers, City Hall Commission Meeting 7/7/2026 6:00 PM City Council Regular Meeting Council Chambers, City Hall City Council Meeting 7/8/2026 6:00 PM Parks and Recreation Commission Regular Meeting Council Chambers, City Hall Commission Meeting
7/9/2026 6:00 PM Planning Commission Regular Meeting Council Chambers, City Hall Commission Meeting 7/14/2026 6:00 PM Sustainability and Resilience Commission Regular Meeting Council Chambers, City Hall Commission Meeting 7/16/2026 8:00 AM Design Commission Regular Meeting Council Chambers, City Hall Commission Meeting 7/21/2026 6:00 PM City Council Regular Meeting Council Chambers, City Hall City Council Meeting 7/22/2026 6:00 PM Public Works & Traffic Commission Regular Meeting Council Chambers, City Hall Commission Meeting
7/23/2026 9:30 AM Joint Operations Team Regular Meeting Council Chambers, City Hall Commission Meeting 7/23/2026 6:00 PM Planning Commission Regular Meeting Council Chambers, City Hall Commission Meeting 7/27/2026 6:00 PM Public Safety Commission Regular Meeting Council Chambers, City Hall Commission Meeting 8/4/2026 6:00 PM City Council Regular Meeting Council Chambers, City Hall City Council Meeting 8/6/2026 8:00 AM Design Commission Regular Meeting Council Chambers, City Hall Commission Meeting 8/7/2026 3:45 PM Youth Council Regular Meeting Council Chambers, City Hall Commission Meeting 8/11/2026 6:00 PM Sustainability and Resilience Commission Regular Meeting Council Chambers, City Hall Commission Meeting 8/12/2026 6:00 PM Parks and Recreation Commission Meeting Council Chambers, City Hall Commission Meeting 8/13/2026 6:00 PM Planning Commission Regular Meeting Council Chambers, City Hall Commission Meeting 8/18/2026 6:00 PM City Council Regular Meeting Council Chambers, City Hall City Council Meeting 8/20/2026 8:00 AM Design Commission Regular Meeting Council Chambers, City Hall Commission Meeting 8/24/2026 6:00 PM Public Safety Commission Meeting Council Chambers, City Hall Commission Meeting 8/26/2026 6:00 PM Public Works & Traffic Commission Regular Meeting Council Chambers, City Hall Commission Meeting
8/27/2026 6:00 PM Planning Commission Regular Meeting Council Chambers, City Hall Commission Meeting 9/1/2026 6:00 PM City Council Regular Meeting Council Chambers, City Hall City Council Meeting 9/3/2026 8:00 AM Design Commission Regular Meeting Council Chambers, City Hall Commission Meeting 9/4/2026 3:45 PM Youth Council Regular Meeting Council Chambers, City Hall Commission Meeting 9/7/2026 - Federal/State/County/City Holiday-City Hall
Closed in Observance of Labor Day Holiday City Hall Holiday 9/8/2026 6:00 PM Sustainability and Resilience Commission Regular Meeting Council Chambers, City Hall Commission Meeting 9/9/2026 6:00 PM Parks and Recreation Commission Regular Meeting Council Chambers, City Hall Commission Meeting
9/10/2026 6:00 PM Community Preparedness Day (Tenative) Olberz Park City hosted/sponsored Event 9/10/2026 6:00 PM Planning Commission Regular Meeting Council Chambers, City Hall Commission Meeting Sept 15 - Oct 15 - Hispanic & Latino Heritage Month - Heritage Month 9/15/2026 6:00 PM City Council Regular Meeting Council Chambers, City Hall City Council Meeting 9/16/2026 9:30 AM Emergency Preparedness Coordinating
Committee Meeting Council Chambers, City Hall Commission Meeting 9/17/2026 8:00 AM Design Commission Regular Meeting Council Chambers, City Hall Commission Meeting
9/23/2026 6:00 PM Public Works & Traffic Commission Regular Meeting Council Chambers, City Hall Commission Meeting
9/24/2026 9:30 AM Joint Operations Team Regular Meeting Council Chambers, City Hall Commission Meeting 9/24/2026 6:00 PM Planning Commission Regular Meeting Council Chambers, City Hall Commission Meeting 9/28/2026 6:00 PM Public Safety Commission Regular Meeting Council Chambers, City Hall Commission Meeting 10/1/2026 8:00 AM Design Commission Regular Meeting Council Chambers, City Hall Commission Meeting 10/2/2026 3:45 PM Youth Council Regular Meeting Council Chambers, City Hall Commission Meeting 10/6/2026 6:00 PM City Council Regular Meeting Council Chambers, City Hall City Council Meeting 10/8/2026 6:00 PM Planning Commission Regular Meeting Council Chambers, City Hall Commission Meeting 10/12/2026 -
Federal/State/County/City Holiday-City Hall
Closed in Observance of Indigenous Peoples’
Day also observed as Columbus Day Holiday
City Hall Holiday
10/13/2026 6:00 PM Sustainability and Resilience Commission Regular Meeting Council Chambers, City Hall Commission Meeting 10/14/2026 6:00 PM Parks and Recreation Commission Regular Meeting Council Chambers, City Hall Commission Meeting
10/15/2026 8:00 AM Design Commission Regular Meeting Council Chambers, City Hall Commission Meeting 10/20/2026 6:00 PM City Council Regular Meeting Council Chambers, City Hall City Council Meeting 10/22/2026 6:00 PM City's 50th Birthday Celeberation (Tentative) Olberz Park City hosted/sponsored Event 10/22/2026 6:00 PM Planning Commission Regular Meeting Council Chambers, City Hall Commission Meeting 10/26/2026 6:00 PM Public Safety Commission Regular Meeting Council Chambers, City Hall Commission Meeting 10/28/2026 6:00 PM Public Works & Traffic Commission Regular Meeting Council Chambers, City Hall Commission Meeting
November - Native American Heritage Month - Heritage Month 11/3/2026 6:00 PM City Council Regular Meeting Council Chambers, City Hall City Council Meeting 11/5/2026 8:00 AM Design Commission Regular Meeting Council Chambers, City Hall Commission Meeting 11/6/2026 3:45 PM Youth Council Regular Meeting Council Chambers, City Hall Commission Meeting 11/10/2026 6:00 PM Sustainability and Resilience Commission Regular Meeting Council Chambers, City Hall Commission Meeting 11/11/2026 - Federal/State/County/City Holiday-City Hall Closed in Observance of Veterans Day Holiday City Hall Holiday 11/11/2026 6:00 PM Parks and Recreation Commission Meeting Council Chambers, City Hall Commission Meeting 11/12/2026 6:00 PM Planning Commission Regular Meeting Council Chambers, City Hall Commission Meeting 11/17/2026 6:00 PM City Council Regular Meeting Council Chambers, City Hall City Council Meeting 11/18/2026 9:30 AM Emergency Preparedness Coordinating
Committee Meeting Council Chambers, City Hall Commission Meeting 11/19/2026 9:30 AM Joint Operations Team Regular Meeting Council Chambers, City Hall Commission Meeting 11/19/2026 8:00 AM Design Commission Regular Meeting Council Chambers, City Hall Commission Meeting 11/23/2026 6:00 PM Public Safety Commission Regular Meeting Council Chambers, City Hall Commission Meeting 11/25/2026 6:00 PM Public Works & Traffic Commission Regular Meeting Council Chambers, City Hall Commission Meeting
11/26/2026 - Thanksgiving Day Run and Food Drive Olberz Park City hosted/sponsored Event 11/26/2026 - Federal/State/County/City Holiday-City Hall Closed in Observance of Thanksgiving Holiday City Hall Holiday 11/26/2026 6:00 PM Planning Commission Regular Meeting Council Chambers, City Hall Commission Meeting 11/27/2026 - State/County/City Holiday-City Hall Closed in Observance of Thanksgiving Holiday City Hall Holiday
12/1/2026 6:00 PM City Council Regular Meeting Council Chambers, City Hall City Council Meeting 12/3/2026 8:00 AM Design Commission Regular Meeting Council Chambers, City Hall Commission Meeting 12/4/2026 3:45 PM Youth Council Regular Meeting Council Chambers, City Hall Commission Meeting 12/8/2026 6:00 PM Sustainability and Resilience Commission Regular Meeting Council Chambers, City Hall Commission Meeting 12/9/2026 6:00 PM Parks and Recreation Commission Meeting Council Chambers, City Hall Commission Meeting 12/10/2026 6:00 PM Planning Commission Regular Meeting Council Chambers, City Hall Commission Meeting 12/15/2026 6:00 PM City Council Regular Meeting Council Chambers, City Hall City Council Meeting 12/17/2026 8:00 AM Design Commission Regular Meeting Council Chambers, City Hall Commission Meeting 12/23/2026 6:00 PM Public Works & Traffic Commission Regular Meeting Council Chambers, City Hall Commission Meeting
12/24/2026 - Federal/State/County/City Holiday-City Hall Closed in Observance of Christmas Holiday City Hall Holiday 12/24/2026 6:00 PM Planning Commission Regular Meeting Council Chambers, City Hall Commission Meeting 12/25/2026 - State/County/City Holiday-City Hall Closed in Observance of Christmas Holiday City Hall Holiday
12/28/2026 6:00 PM Public Safety Commission Meeting Council Chambers, City Hall Commission Meeting 12/31/2026 N/A State/County/City Holiday-City Hall Closed in Observance of New Years Holiday City Hall Holiday
City Council Agenda Report
Meeting Date: June 16, 2026
Subject: Approval of an Agreement with Willdan Engineering for Administration of the City's Community Development Block Grant (CDBG) Program for Fiscal Year 2026-27
Presenter: Lisa Brancheau, Senior Management Analyst II Proposed Action: Approve an Agreement between the City of La Cañada Flintridge and Willdan Engineering for CDBG Administration for FY 2026-2027 in an amount not to exceed $17,820 and authorize the City Manager to execute the Agreement
Environmental Impact: None
Fiscal Impact: Not-to-exceed amount of $17,820. Approximately $7,820 of a total budget of $57,820 for the CDBG Residential Rehabilitation Program will be reimbursed through CDBG program funds (Account No. 11-00- 6202) and any consultant time in excess of this amount will be funded from Community Development’s Professional Services (Account No. 1- 05-6061) at a not-to-exceed amount of $10,000. Sufficient funds have been included in the Fiscal Year (FY) 2026-2027 budget
Background:
The Community Development Department administers the CDBG Program, including a program for the housing repair needs of low-and-moderate income persons. Since its inception, a consultant has provided administrative oversight for the CDBG program.
Discussion/Analysis:
Willdan Engineering has provided administrative oversight of the CDBG program for the City since 2022. Staff continue to find the company dependable and, as a result, request that the agreement for CDBG administrative services be renewed for the upcoming FY 2026-2027. The contract agreement would constitute year two of the three-year cycle with the firm before a new Request for Proposals is issued.
Options:
1. Approve an Agreement between the City of La Cañada Flintridge and Willdan Engineering for CDBG Administration for FY 2026-2027 in an amount not to exceed $17,820 and authorize the City Manager to execute the Agreement; or
2. Do not approve the contract and provide staff with further direction; or
3. Defer action at this time.
Recommendation:
Option No. 1 — It is recommended that the City Council take the following action(s): Approve an Agreement between the City of La Cañada Flintridge and Willdan Engineering for CDBG Administration for FY 2026-2027 in an amount not to exceed $17,820 and authorize the City Manager to execute the Agreement.
Attachments:
1. CDBG Contract Agreement FY26-27
1 CITY OF LA CAÑADA FLINTRIDGE FIRST-YEAR AGREEMENT FOR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) CONTRACT SERVICES BETWEEN THE CITY OF LA CAÑADA FLINTRIDGE AND WILLDAN ENGINEERING
THIS SECOND-YEAR CONTRACT SERVICES AGREEMENT (herein
“Agreement”) is made and entered into on July 1, 2026, by and between the CITY OF LA CAÑADA FLINTRIDGE, a municipal corporation (“City”) and (herein “Consultant”).
NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.
1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.
1.3 California Labor Law. If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws.
1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement.
1.5 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference.
In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
2. COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum contract amount of Seventeen Thousand Eight Hundred Twenty Dollars ($17,820) (“Contract Sum”).
Short Form PSA
2 2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement.
The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by subcategory), travel, materials, equipment, supplies, and sub-contractor contracts. Subcontractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.3 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to 10% (ten percent) of the Contract Sum but not exceeding a total contract amount of $5,000 (Five Thousand Dollars) or in the time to perform of up to 90 (ninety) days may be approved by the Contract Officer.
Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
3. PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference.
When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not
Short Form PSA
3 exceeding 30 (thirty) days cumulatively.
3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the Short Form PSA fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding One Year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). [The City may, in its sole discretion, extend the Term for no additional one-year terms.
4. COORDINATION OF WORK
4.1 Representative of Consultant. Jennifer Maria is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, and shall keep City informed of any changes.
4.2 Contract Officer. Lisa Brancheau, Senior Management Analyst II [or such person as may be designated by the City Manager] is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith (“Contract Officer”).
4.3 Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.
Short Form PSA
4 4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City.
5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages. Without limiting Consultant’s
indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
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5 (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants.
(c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. (d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
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6 (g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
(l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance
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7 required by giving the Consultant ninety (90) days advance written notice of such change.
If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records.
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8 6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require.
6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer. (b) Consultant shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.
(c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify the City should Consultant be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.
6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the “documents and materials”) prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law. This Agreement shall be interpreted, construed
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9 and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default.
Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.
7.3 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.4 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the
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10 Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit “C”. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.5 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
8. MISCELLANEOUS
8.1 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class
8.2 Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
8.3 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.4 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid,
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11 first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with their name and City title), City of La Cañada Flintridge, One Civic Center Drive, California 91011, and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in 72 (seventy two) hours from the time of mailing if mailed as provided in this Section.
8.5 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.
8.6 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
8.7 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
8.8 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment.
8.9 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
8.10 Counterparts. This Agreement may be executed in
counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
8.11 Warranty & Representation of Non-Collusion. No official, officer,
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12 or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that they have not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials
8.12 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [Signatures On The Following Page]
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13 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF LA CAÑADA FLINTRIDGE, a
municipal corporation
Daniel Jordan, City Manager
ATTEST:
Tania Garcia, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Adrian Guerra, City Attorney
CONSULTANT:
WILLDAN ENGINEERING
By:
Name: Vanessa Munoz
Title: President
By:
Name:
Title:
Address: 2401 East Katella Avenue,
Suite 300 Anaheim, CA 92806
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
01172.0001/563331.1 14
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2026 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
PARTNER(S) LIMITED
GENERA
L
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
01172.0001/563331.1 15
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2026 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
PARTNER(S) LIMITED
GENERA
L
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Contractor will perform the following Services: The Contractor agrees to administer the City’s Residential Rehabilitation Project to the satisfaction of the City (collectively, the “Programs”) for FY 2026-2027.
II. RESPONSIBILITIES OF CONTRACTOR: Contractor shall carry out the work specified in Section I. above subject to the conditions and terms below:
a. Contractor shall administer the Programs in conformance with the rules and regulations of the County of Los Angeles County Development Authority, CDBG Division (“LACDA”).
b. Contractor shall perform all work required by this Agreement at City Hall or on the applicant’s site as required by LACDA, unless off-site work is otherwise approved in writing by the City.
c. Contractor shall maintain timesheets or logs that are reasonably available to the City to track the administrative delivery costs for each applicant in the Programs. The timesheets shall be delineated by milestones that indicate each step in the administration process. The timesheets shall be used to determine the time it takes to qualify and service each applicant in the Programs. The timesheets shall be monitored and analyzed by the City to determine where service costs may be reduced.
d. Contractor agrees that it will comply with any and all directives from the City to make appropriate changes to effectuate cost reductions.
e. Contractor agrees to maintain costs at or under the targeted administrative charge by monitoring and limiting its time to the minimum necessary to administer applicants in each of the Programs.
f. Contractor shall provide any and all services and personnel which are necessary and appropriate for the administration of the Programs.
g. Contractor agrees that it employs or will employ at its own expense, all personnel required for the satisfactory performance of any and all tasks and services set forth herein. h. Contractor agrees that the tasks and services required herein will be performed by the Contractor and that all personnel engaged in such work shall be fully qualified to perform such tasks and services.
i. Contractor shall not subcontract any portion of the required work herein without prior written approval of the City.
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In addition to the requirements during performance of the Services, Contractor will keep the City appraised of the status of performance by delivering the following status reports:
a. Contractor shall work closely with the designated liaison representative of the City, who shall, on a continuous basis, review and approve Contractor’s work. b. All work product is subject to review and acceptance by the City and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City. Contractor will utilize the following personnel to accomplish the Services:
Jennifer Maria, CDBG Program Administrator, and her designee(s) III. RESPONSIBILITIES OF CITY: City agrees to the following with respect to its obligations under this Agreement:
a. The City shall provide full information regarding its requirements for the Projects, and shall furnish without charge to the Contractor, any and all information, data, reports, maps, and records which are reasonably available to City and are necessary for the provisions by the Contractor to carry out the services set forth in Section 1 above. b. The City shall provide office space and an internet-capable computer to Contractor for use to administer the Programs.
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. Section 1.4, California Labor Law:
If the Scope of Services includes any "public work" or "maintenance work," as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Contractor shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, including the following requirements:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
Contractor's Authorized Initials
(i) Contractor's Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
II. Section 2.1, Contract Sum:
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed:
(i) The twenty percent (20%) administration charge permitted by the LACDA for the total funding of Residential Rehabilitation Program projects; and (ii) Contractor shall receive an amount generally not to exceed the twenty percent (20%) administration charge permitted by the LACDA for the total funding of the Residential Rehabilitation Project. (iii). City General Funds, not to exceed $10,000, will be used for any additional cost beyond the 20% CDBG administration funding, unless additional compensation is approved pursuant to Section 1.9.
B-4
III. Section 2.2, Method of Compensation:
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iii) such other methods as may be specified in the Schedule of Compensation.
Specific compensation amounts will be determined based on number of applicants for each Program and grant amount per applicant.
IV. Section 2.4, Invoices:
Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C” and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub- contractor charges shall also be detailed by such categories. Contractor shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Contractor to determine whether the work performed, and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, payment shall be made within thirty (30) days following the close of the month where a funding request has been made by the City, and after receipt of a monthly statement submitted by Contractor. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission.
Review and payment by City for any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
V. Section 8.2, Conflict of Interest:
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City, or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
The Contractor/Subrecipient and its agents and employees shall comply with all applicable Federal, State and County laws and regulations governing conflict of interest.
The Contractor/Subrecipient agrees to incorporate the language found in this section in contracts using CDBG funds and subject to compliance with conflict of interest Federal,
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State and County laws. The general rule shall be that no person described in the Persons covered section below who exercises, or has exercised any function or responsibilities with respect to CDBG activities, or who is in a position to participate in a decision making process or gain inside information with regards to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, subcontract , or agreement with respect to a CDBG-assisted activity, or with respect to the proceeds of the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter. Persons covered – The conflict of interest provisions of this section shall apply to any person who is an employee, agent, Contractor, officer, or elected official or appointed official of the Contractor/Subrecipient, or of any designated public agencies, or of any subrecipients that are receiving CDBG funds The Contractor/Subrecipient represents, warrants and agrees that to the best of its knowledge, it does not presently have, nor will it acquire during the term of this Contract, any interest direct or indirect, by contract, employment or otherwise, or as a partner, joint venture or shareholder (other than as a shareholder holding a one (1%) percent or less interest in publicly traded companies) or affiliate with any business or business entity that has entered into any contract, subcontract or arrangement with the County or LACDA. Upon execution of this Contract and during its term, as appropriate, the Contractor/Subrecipient shall, disclose in writing to the City any other contract or employment during the term of this Contract by any other persons, business or corporation in which employment will or may likely develop a conflict of interest between the County’s and/or LACDA’s interest and the interests of the third parties. [2 CFR Part 200.318(c)(1)(2)]
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
VI. Section 9.8, Political Activity/Lobbying Certification:
Contractor may not conduct any activity, including any payment to any person, officer, or employee of any agency or member of Congress in connection with the awarding of any federal contract, grant, or loan, intended to influence legislation, administrative rule-making or the election of candidates for public office during time compensated for under representation that such activity is being performed as part of the contract responsibility.
VII. Section 9.9, Los Angeles County Lobby Certification:
Each person/entity/firm who applies for a Community Development Commission contract, and as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code Chapter 2.160, (Los Angeles County Ordinance 93-003 or successor); and. all persons/entity/firms acting on behalf of the above name firm have and will comply with the County Code; and, any person/entity/firm who seeks a contract with the Community Development Commission shall be disqualified
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therefrom and denied the contract, and shall be liable in civil action, if any lobbyists, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the above named firm fails to comply with the provisions of the County Code.
VIII. Section 9.10, Non-Discrimination:
The Contractor/Subrecipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor/Subrecipient will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor/Subrecipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
a. The Contractor/Subrecipient will, in all solicitations or advancements for employees placed by or on behalf of the Contractor/Subrecipient, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. b. The Contractor/Subrecipient will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor’s/Subrecipient’s legal duty to furnish information. c. The Contractor/Subrecipient will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers’ representative of the Contractor’s commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The Contractor/Subrecipient will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
e. The Contractor/Subrecipient will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and
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orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. f. In the event of the Contractor’s/Subrecipient’s noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
g. The Contractor/Subrecipient will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor/Subrecipient will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the Contractor/Subrecipient becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor/Subrecipient may request the United States to enter into such litigation to protect the interests of the United States. Amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966–1970 Comp., p. 684, EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR,
1978 Comp., p. 230, EO 13665 of April 8, 2014, 79 FR 20749, EO 13672 of July 21, 2014, 79 FR 42971]
IX. Section 9.11, Section 3 Requirements:
Section 3 of the Housing and Urban Development Act of 1968, as amended, as 12 U.S.C. 1701 et seq., requires that to the greatest extent feasible, opportunities for training and employment be given to lower-income residents of the project area and contracts for work in connection with the project be awarded to business concerns, which are located in, or owned in substantial part, by persons residing in the area of the project.
X. Section 9.12, Civil Rights Act of 1964:
The Contractor/Subrecipient agrees to comply with prohibition of discrimination on the basis of race, color, or national origin in all HUD-assisted programs. [24 CFR Part 1.4] XI. Section 9.13, Housing And Community Development Act of 1974:
The Contractor/Subrecipient shall comply with Section 109 of the Housing and Community Development Act of 1974 which states that no person in the United States shall, on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded, in whole or in part, with funds made available under this title. [24 CFR Part
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6.4]
XII. Section 9.14, Prohibition of Age Discrimination:
Prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, or with respect to an otherwise qualified individual, as provided in Section 504 or the Rehabilitation Act of 1973, shall also apply to any such program or activity.
The Contractor/Subrecipient shall comply with the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, which require that no person in the United States shall be excluded from participating in, denied the benefits of, or subject to discrimination under this Contract on the basis of age or with respect to an otherwise qualified disabled individual. [42
U.S.C. §§ 6101 – 6107]
The Contractor/Subrecipient agrees to comply with prohibition of disability discrimination and impose accessibility standards on housing and non-housing programs receiving Federal financial assistance. [24 CFR Part 8.5] XIII. Section 9.15, Discrimination Against Persons with Limited English Proficiency (LEP):
The Contractor/Subrecipient shall comply with Executive Order 13166, titled “Improving Access to Services by Persons with Limited English Proficiency.” Executive Order 13166 requires that federally assisted agencies make reasonable efforts to provide language assistance to ensure meaningful access for Limited English Proficiency (LEP) persons to the agency’s programs and activities. HUD guidelines on LEP were published in the Federal Register on January 22, 2007 and were effective February 21, 2007. These HUD guidelines should be applied to federally subsidized housing, programs and other services which may be contracted out to other contractors.
XIV. Section 9.16, Architectural Barriers Act and the Americans with Disabilities Act:
The Contractor/Subrecipient shall comply with the Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) requires certain Federal and Federally-funded buildings and other facilities to be designed, constructed, or altered in accordance with standards that ensure accessibility to, and use by, physically handicapped people. A building or facility designed, constructed, or altered with funds allocated or reallocated 40.2 or the definition of building as defined in 41 CFR Part 101, is subject to the requirements of the Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) and shall comply with the Uniform Federal Accessibility Standards (Appendix A to 24 CFR Part 40 for residential structures and Appendix A to 41 CFR Parts 101-19 for general type buildings). The Americans with Disabilities Act (42 U.S.C. Section 12131; 47 U.S.C. Sections 155.201, 218 and 225) (ADA) provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, State and local government services, and telecommunications. It further provides that discrimination includes a failure to design and construct facilities for first occupancy after January 26, 1993 that are readily accessible to and usable by individuals with disabilities. Further, the ADA requires the
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removal of architectural barriers and communication barriers that are structural in nature in existing facilities, where such removal is readily achievable, easily accomplishable and able to be carried out without much difficulty or expense under this part after December 11, 1995, and that meets the definition of residential structure as defined in 24 CFR Section 40.2.
XV. Section 9.17, Patent Rights & Copyrights:
The Contractor/Subrecipient agrees that results in any discovery, invention or copyrightable material which may develop in the course of or under contract, the CITY/AGENCY reserves the right to royalty-free, non-exclusive and irrevocable license to use and to authorize others to use, the work for government purpose. [24 CFR Part
85.36(i)]
XVI. Section 9.18, Energy Policy and Conservation Act:
The Contractor/Subrecipient agrees to comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act and its requirements in the performance of this contract. [42 USC §6201 et seq.] XVII. Section 9.19, Awards to Parties on Federal Excluded Parties List (EPLS):
The Contractor/Subrecipient affirms that it is not on the Federal Excluded Parties List and agrees to comply with 2 CFR Part 200 – Appendix II(A), which prohibits Federal funds as contract awards to any entity on the Federal Excluded Parties List maintained on www.sam.gov. [2 CFR Part 200 – Appendix II(A)]
XVIII. Section 9.20, Adherence to County’s Child Support Compliance Program:
The City acknowledges that the County has established a goal of ensuring that all individuals who benefit financially from the County through contract are in compliance with their court-ordered child, family and spousal support obligations in order to mitigate the economic burden otherwise imposed upon the County and its taxpayers.
As required by the County’s Child Support Compliance Program (County Code Chapter 2.200) and without limiting the Operating Agency’s duty under this Contract to comply with all applicable provisions of the law, the Operating Agency warrants that it is now in compliance and shall during the term of this Contract maintain compliance with employment and wage reporting requirements as required by the Federal Social Security Act (42 USC Section 653a) and California Unemployment Insurance Code Section 1088.5, and shall implement all lawfully served Wage and Earnings Withholding Orders or District Attorney Notices of Wage and Earnings Assignment for Child or Spousal Support, pursuant to Code of Civil Procedure Section 706.031 and Family Code Section 5246(b).
XIX. Section 9.21, Warranty of Compliance with County’s Defaulted Property Tax Reduction Program:
The Contractor/Subrecipient acknowledges that the County has established a goal
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of ensuring that all individuals and businesses that benefit financially from the County through contract are current in paying their personal and real property tax obligations (secured and unsecured roll) in order to mitigate the economic burden otherwise imposed upon the County and its taxpayers. Unless the Operating Agency qualifies for an exemption or exclusion, the Operating Agency warrants and certifies that to the best of its knowledge it is now in compliance, and during the term of this Contract will maintain compliance, with the County's Defaulted Tax Program, found at Los Angeles County Ordinance No. 2009-0026 and codified at Los Angeles County Code, Chapter 2.206.
XX. Section 1.8, Further Responsibilities of Parties, is hereby amended as follows (strikethrough represents deleted language while bold italics represents added language):
“(a) Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
(b) In the event that Contractor utilizes a retired annuitant of the California Public Employees’ Retirement System (“Annuitant”) to perform any services under this Agreement, Contractor shall ensure that the Annuitant’s performance of any services under this Agreement is in compliance with all applicable laws, including, but not limited to, the California Public Employees’ Retirement System’s (“CalPERS”) rules and regulations governing the hiring of retired CalPERS annuitants by California cities.”
XXI. The following Sections are hereby added to Article 2:
“2.6 CalPERS Exclusion. Under no circumstances shall any worker be assigned by Contractor to provide City with continued service in excess of six months in accordance with California Government Code section 20305. If a person is assigned by Contractor to perform work for the City on a per diem basis, such person cannot work for City in excess of 125 days within a calendar year. If a person is contracted to perform work for City by Contractor, in other than a per diem basis, such person cannot perform work for City in excess of hours of services within the fiscal year.
2.7 CalPERS Temporary Retired Annuitant. Unless approved by the Contract Officer, no personnel of Contractor assigned to perform Services under this Agreement shall be a “retired annuitant” from the California Public Employees Retirement System (CalPERS).
Prior to assigning any personnel of Contractor to perform any work for the City, Contractor shall identify potential candidates to the Contract Officer that are “retired annuitants” from CalPERS. If approved by the Contract Officer, under no circumstances shall a retired annuitant work more than 960 hours within a fiscal year. The compensation for the retired person shall be an hourly pay rate that is within the salary schedule for the position and shall not exceed the maximum monthly base salary paid to other employees performing comparable duties as listed on a publicly available pay schedule divided by 173.333 to equal an hourly rate in accordance with California Government Code section 21224. A
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retired person appointed pursuant to this Agreement shall not receive any benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to the hourly pay rate. A retired annuitant will not accrue service credit or any additional retirement rights or benefits.”
XXII. Section 5.3, Indemnification, is hereby amended as follows (strikethrough represents deleted language while bold italics represents added language):
“5.3 Indemnification. To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
(d) Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’
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indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.
(e) Contractor’s services under this Agreement are being provided to the City as that of an independent contractor. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by the California Public Employees’ Retirement System (“CalPERS”) or a court of competent jurisdiction to be classified as other than an independent contractor, then Contractor shall indemnify, defend, and hold harmless the City, its officers, employees and agents from any and all assessed fines, penalties, judgments and/or employer contributions to CalPERS for CalPERS retirement benefits on behalf of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable, as well as for the payment of any interest on such fines, penalties, judgments or CalPERS contributions, including such payments which would otherwise be the responsibility of the City. Contractor’s obligations under this Section 5.3(e) shall be in addition to any other obligation of the Contractor to indemnify, defend, and hold harmless the City, its officers, employees and agents.”
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Federal Lobbyist Certification
Acting on behalf of the above named firm, as its Authorized Official, I make the following certification to the County of Los Angeles, to the Los Angeles County Development Authority (LACDA), and to (Agency Name), the local contracting agency (LCA). 1) No Federal appropriated funds have been paid by or on behalf of the above named firm to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, loan or cooperative agreement, and any extension, continuation, renewal, amendment, or modification thereof, and; 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee or any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract, grant loan, or cooperative agreement, the above named firm shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions, and; 3) The above name firm shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreement) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into the transaction imposed by Section 1352 Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
(Print Name of Firm’s Authorized Representative) (Signature of Firm’s Authorized Representative) (Title) (Date)
Name of
Firm: Date:
Address:
Telephone:
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County of Los Angeles
County Lobbyist Certification
Acting on behalf of the above named firm, as its Authorized Official, I make the following certification to the (Agency Name), as the local contracting agency (LCA), and to the Los Angeles County Development Authority (LACDA);
1) It is understood that each person, entity, or firm who applies for a Los Angeles County Development Authority funded contract, and as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code, Chapter 2.160 (Los Angeles County Ordinance 93-0031) and;
2) That all persons/entities/firms acting on behalf of the above named firm have and will comply with the County Code, and;
3) That any person, entity, or firm who seeks a contract with the (Agency Name), and/or the Los Angeles County Development Authority shall be disqualified therefrom and denied the contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the named firm fails to comply with the provisions of the County Code.
This certification is material representation of facts upon which reliance was placed when this transaction was made or entered into.
Authorized Official:
(Print Name of Firm’s Authorized Representative) (Signature of Firm’s Authorized Representative) (Title) (Date)
Name of Firm: Date:
Address:
Telephone: ( )