1 AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND EVAN BROOKS ASSOCIATES, INC.
THIS AGREEMENT FOR CONSULTING SERVICES (this "Agreement") is made between the City of Redondo Beach, a chartered municipal corporation ("City") and Evan Brooks Associates, Inc., a California corporation ("Consultant").
The parties hereby agree as follows:
1. Description of Project or Scope of Services. The project description or scope of services to be provided by Consultant, and any corresponding responsibilities of City, or services required to be performed by City are set forth in Exhibit "A."
2. Term and Time of Completion. Consultant shall commence and complete the project or services described in Exhibit "A" in accordance with the schedule set forth in Exhibit "B".
3. Compensation. City agrees to pay Consultant for work performed in accordance with Exhibit "C".
4. Insurance. Consultant shall adhere to the insurance requirements outlined in Exhibit “D”, unless otherwise waived by the City’s Risk Manager. * * * * *
GENERAL PROVISIONS
1. Independent Contractor. Consultant acknowledges, represents and warrants that Consultant is not a regular or temporary employee, officer, agent, joint venturer or partner of the City, but rather an independent contractor. This Agreement shall not be construed as a contract of employment. Consultant shall have no rights to any benefits which accrue to City employees unless otherwise expressly provided in this Agreement. Due to the independent contractor relationship created by this Agreement, the City shall not withhold state or federal income taxes, the reporting of which shall be Consultant's sole responsibility.
2. Brokers. Consultant acknowledges, represents and warrants that Consultant has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement.
3. City Property. All plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Agreement shall upon request be delivered to the City within a reasonable time, and the rights thereto shall be deemed assigned to the City. If applicable, 2 Consultant shall prepare check prints upon request. Said plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials, shall be specific for the project herein and shall not be used by the City for any other project without Consultant's consent. Notwithstanding the foregoing, Consultant shall not be obligated to assign any proprietary software or data developed by or at the direction of Consultant for Consultant's own use; provided, however, that Consultant shall, pursuant to Paragraph 14 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of any such proprietary software or data.
4. Inspection. If the services set forth in Exhibit "A" shall be performed on City or other public property, the City shall have the right to inspect such work without notice. If such services shall not be performed on City or other public property, the City shall have the right to inspect such work upon reasonable notice.
Inspections by the City shall not relieve or minimize the responsibility of Consultant to conduct any inspections Consultant has agreed to perform pursuant to the terms of this Agreement. Consultant shall be solely liable for said inspections performed by Consultant. Consultant shall certify in writing to the City as to the completeness and accuracy of each inspection required to be conducted by Consultant hereunder.
5. Services. The project or services set forth in Exhibit "A" shall be performed to the full satisfaction and approval of the City. In the event that the project or services set forth in Exhibit "A" are itemized by price in Exhibit "C", the City in its sole discretion may, upon notice to Consultant, delete certain items or services set forth in Exhibit "A", in which case there shall be a corresponding reduction in the amount of compensation paid to Consultant. City shall furnish Consultant to the extent available, with any City standards, details, specifications and regulations applicable to the Project and necessary for the performance of Consultant's services hereunder. Notwithstanding the foregoing, any and all additional data necessary for design shall be the responsibility of Consultant.
6. Records. Consultant, including any of its subcontractors shall maintain full and complete documents and records, including accounting records, employee time sheets, work papers, and correspondence pertaining to the project or services set forth in Exhibit "A". Consultant, including any of its subcontractors shall make such documents and records available for City review or audit upon request and reasonable notice, and shall keep such documents and records, for at least four (4) years after Consultant's completion of performance of this Agreement.
Copies of all pertinent reports and correspondence shall be furnished to the City for its files.
7. Changes and Extra Work. Unless otherwise provided herein, all changes and/or extra work under this Agreement shall be provided for by a subsequent written amendment executed by City and Consultant.
3 8. Additional Assistance. If this Agreement requires Consultant to prepare plans and specifications, Consultant shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Consultant shall issue any necessary addenda to the plans and specifications as requested. In the event Consultant is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of this Agreement.
9. Professional Ability. Consultant acknowledges, represents and warrants that Consultant is skilled and able to competently provide the services hereunder, and possesses all professional licenses, certifications, and approvals necessary to engage in its occupation. City has relied upon the professional ability and training of Consultant as a material inducement to enter into this Agreement.
Consultant shall perform in accordance with generally accepted professional practices and standards of Consultant's profession.
10. Business License. Consultant shall obtain a Redondo Beach Business License before performing any services required under this Agreement. The failure to so obtain such license shall be a material breach of this Agreement and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual circumstances without necessitating any modification of this Agreement to reflect such waiver.
11. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Agreement at any time prior to completion by Consultant of the project or services hereunder, immediately upon written notice to Consultant. In the event of any such termination, Consultant shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; and (2) necessary materials or services of others ordered by Consultant for this Agreement, prior to Consultant’s receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, and further provided that Consultant is not able to cancel such orders. Compensation for Consultant in such event shall be determined by the City in accordance with the percentage of the project or services completed by Consultant; and all of Consultant's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to the City. In conjunction with any termination of this Agreement, the City may, at its own expense, make copies or extract information from any notes, sketches, computations, drawings, and specifications or other data, whether complete or not.
12. Termination in the Event of Default. Should Consultant fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Agreement, the City may immediately terminate 4 this Agreement by giving written notice of such termination, stating the reasons for such termination. Consultant shall be compensated as provided immediately above, provided, however, there shall be deducted from such amount the amount of damages if any, sustained by the City by virtue of Consultant's breach of this Agreement.
13. Conflict of Interest. Consultant acknowledges, represents and warrants that Consultant shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Agreement. Consultant further acknowledges, represents and warrants that Consultant has no business relationship or arrangement of any kind with any City official or employee with respect to this Agreement. Consultant acknowledges that in the event that Consultant shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Agreement, all consideration received under this Agreement shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Agreement for one (1) year.
14. Indemnity. To the maximum extent permitted by law, Consultant hereby agrees, at its sole cost and expense, to defend protect, indemnify, and hold harmless the City, its elected and appointed officials, officers, employees, volunteers, attorneys, and agents (collectively “Indemnitees”) from and against any and all claims, including, without limitation, claims for bodily injury, death or damage to property, demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or arising from any act, failure to act, error or omission of Consultant’s performance or work hereunder (including any of its officers, agents, employees, Subcontractors) or its failure to comply with any of its obligations contained in the Agreement, or its failure to comply with any current or prospective law, except for such loss or damage which was caused by the sole negligence or willful misconduct of the City. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant or Indemnitees. This indemnification obligation shall survive this Agreement and shall not be limited by any term of any insurance policy required under this Agreement.
a. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may possess against Consultant because the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.
b. Waiver of Right of Subrogation. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees.
5 15. Insurance. Consultant shall comply with the requirements set forth in Exhibit "D." Insurance requirements that are waived by the City's Risk Manager do not require amendments or revisions to this Agreement.
16. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Agreement.
17. Compliance with Laws. Consultant shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Agreement, including without limitation all environmental laws, employment laws.
18. Non-Discrimination. Consultant shall comply with all applicable federal, state, and local laws, ordinances, regulations, and codes prohibiting discrimination, including but not limited to the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and the California Fair Employment and Housing Act.
Consultant shall not discriminate against any employee or applicant for employment on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Consultant shall ensure that the evaluation and treatment of its employees and applicants for employment are free from such discrimination and harassment. Consultant shall include a similar non-discrimination provision in all subcontracts related to the performance of this Agreement.
19. Limitations upon Subcontracting and Assignment. Consultant acknowledges that the services which Consultant shall provide under this Agreement are unique, personal services which, except as otherwise provided herein, Consultant shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion. In the event that the City, in writing, approves any assignment or subletting of this Agreement or the retention of subcontractors by Consultant, Consultant shall provide to the City upon request copies of each and every subcontract prior to the execution thereof by Consultant and subcontractor. Any attempt by Consultant to assign any or all of its rights under this Agreement without first obtaining the City’s prior written consent shall constitute a material default under this Agreement.
The sale, assignment, transfer or other disposition, on a cumulative basis, of twenty-five percent (25%) or more of the ownership interest in Consultant or twenty-five percent (25%) or more the voting control of Consultant (whether Consultant is a corporation, limited liability company, partnership, joint venture or otherwise) shall constitute an assignment for purposes of this Agreement.
Further, the involvement of Consultant or its assets in any transaction or series of transactions (by way of merger, sale, acquisition, financing, transfer, leveraged 6 buyout or otherwise), whether or not a formal assignment or hypothecation of this Agreement or Consultant’s assets occurs, which reduces Consultant’s assets or net worth by twenty-five percent (25%) or more shall also constitute an assignment for purposes of this Agreement.
20. Subcontractors. Consultant shall provide properly skilled professional and technical personnel to perform any approved subcontracting duties. Consultant shall not engage the services of any person or persons now employed by the City without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion.
21. Integration. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Consultant and City may be used to assist in the interpretation of the exhibits to this Agreement.
22. Amendment. This Agreement may be amended or modified only by a subsequent written amendment executed by both parties.
23. Conflicting Provisions. In the event of a conflict between the terms and conditions of this Agreement and those of any exhibit or attachment hereto, this Agreement proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by the City shall prevail over those prepared by Consultant.
24. Non-Exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Consultant hereunder shall be non-exclusive, and City reserves the right to employ other contractors in connection with the project.
25. Exhibits. All exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit "A" which does not pertain to the project description, proposal, or scope of services (as applicable) to be provided by Consultant, or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Agreement.
26. Time of Essence. Time is of the essence of this Agreement.
27. Confidentiality. To the extent permissible under law, Consultant shall keep confidential its obligations hereunder and the information acquired during the performance of the project or services hereunder.
28. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Agreement shall not be considered "third parties." 7 29. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Venue for any litigation or other action arising hereunder shall reside exclusively in the Superior Court of the County of Los Angeles, Southwest Judicial District.
30. Attorneys’ Fees. In the event either party to this Agreement brings any action to enforce or interpret this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees (including expert witness fees) and costs.
This provision shall survive the termination of this Agreement.
31. Claims. Any claim by Consultant against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six (6) months after accrual of the cause of action.
32. Interpretation. Consultant acknowledges that it has had ample opportunity to seek legal advice with respect to the negotiation of this Agreement. This Agreement shall be interpreted as if drafted by both parties.
33. Warranty. In the event that any product shall be provided to the City as part of this Agreement, Consultant warrants as follows: Consultant possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets all specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of thirty (30) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Consultant, at Consultant's expense, including shipping.
Consultant shall not be liable under this warranty for an amount greater than the amount set forth in Exhibit "C" hereto.
34. Severance. Any provision of this Agreement that is found invalid or unenforceable shall be deemed severed and all remaining provisions of this Agreement shall remain enforceable to the fullest extent permitted by law.
35. Authority. City warrants and represents that upon City Council approval, the Mayor of the City of Redondo Beach is duly authorized to enter into and execute this Agreement on behalf of City. The party signing on behalf of Consultant warrants and represents that he or she is duly authorized to enter into and execute this Agreement on behalf of Consultant, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Agreement on behalf of Consultant.
8 36. Waiver. The waiver by the City of any breach of any term or provision of this Agreement shall not be construed as a waiver of any subsequent breach.
SIGNATURES FOLLOW ON NEXT PAGE
9 IN WITNESS WHEREOF, the parties have executed this Agreement in Redondo Beach, California, as of this 29th day of October, 2024.
CITY OF REDONDO BEACH, EVAN BROOKS ASSOCIATES, INC.,
a chartered municipal corporation a California corporation __________________________ By: _______________________
James A. Light, Mayor Name: Hal Suetsugu
Title: President
ATTEST: APPROVED:
__________________________ __________________________
Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
__________________________
Michael W. Webb, City Attorney
10 EXHIBIT “A”
SCOPE OF SERVICES
CONSULTANT’S DUTIES
Consultant shall perform the following services. Project(s) shall include, but not limited to construction and planning, as approved by the City.
A. Task 1. Project Management Kick-off and Subsequent Meetings
1. Task 1.1 - Project Kick-off Meeting
Consultant shall arrange a project kick-off meeting with the City to discuss the scope of work required, City objectives/vision/goals, project management procedures, and issue mitigation and protocols. The meeting shall include the following components.
a. Team introduction.
b. Establishment of communication protocols and file sharing sites. c. Identification of key stakeholders (e.g., nonprofits, school district, etc.). d. Identification of point of contact for each City department. e. Identification and discussion of current projects/needs. f. Identification and discussion of proposed future projects/needs. g. Identification of current funding sources.
h. Discussion of goals and objectives (e.g., City expectations).
2. Task 1.2 - Regular Meetings and Communication
Consultant shall attend meetings via teleconference or in-person as requested by the City. Both parties shall establish the meeting frequency during the project kick-off meeting. During these meetings, both parties shall discuss project status, budget, review materials and data, introduce new ideas and perspectives, and address potential issues.
B. Task 2. Funding Needs Analysis
Consultant shall use information from the kick-off meeting to prepare a draft Funding Needs Analysis report. This report shall include:
1. The dollar amount of additional funding needed to implement individual projects.
2. Prioritization of proposed future projects based on existing project budgets and funding levels.
11 3. Identification of several grants that align with City projects/needs. Consultant shall ensure the report identifies current funding sources (excluding general funds) that can be used for grants requiring matches.
C. Task 3. Grant Funding Research/On-Call Grant Research
1. Consultant shall prepare and submit monthly grant opportunity reports. The reports shall identify potential funding opportunities, including but not limited to, Federal, State, local, foundation, and private grants that could fund and implement City projects. The reports shall include:
a. A summary of each grant and
b. An analysis of the of the viability of each grant in relation to the time and resources required to pursue and manage it.
2. Consultant shall also notify City staff of viable grant opportunities by email or telephone as grants become available.
D. Task 4. Proposal Development
1. Task 4.1 - Review Application, Guidelines, and Evaluation Criteria Consultant shall thoroughly review application requirements, guidelines, and evaluation criteria in depth to identify any differences from the requirements, guidelines, and criteria used in previous cycles. Consultant must develop a full and comprehensive understanding of these elements to guide project documentation and ensure accurate preparation and submission of the application. Consultant shall prepare a detailed memo and checklist outlining all requirements for distribution among all relevant team members, and ensure clear communication with all City staff involved. This memo/checklist shall include any tasks the Consultant may need assistance with from the City, including but not limited to, executed signature pages, approved resolutions, stakeholder contacts, and any internal data not publicly available.
2. Task 4.2 - Project Area Characteristics
a. Consultant shall include a scan of the area the project proposed for each project seeking grant funding. This scan shall identify important area characteristics that ensure a clear understanding of current issues and development of the proposed projects and implementation. b. Consultant shall evaluate identified solutions and have the solutions reviewed by Consultant’s engineering team for transportation planning projects, including but not limited to, HSIP and ATP projects. Consultant shall use the information obtained through the scans to support project justifications going forward, and incorporate the information into project 12 maps, charts, data graphics, and other project application materials where reasonably necessary or useful.
3. Task 4.3 - Modeling and Analysis
a. Consultant shall ensure that its project team includes subject matter experts (approved by the City), including but not limited to, architects, economists, or information technology experts, to provide a narrative supported by sound technical judgment and reasoning.
b. For projects requiring modeling and analysis, Consultant shall utilize available databases and resources, and coordinate with local agencies, including law enforcement, the City, and local stakeholders, to ensure that accurate and complete data is utilized to evaluate conditions.
4. Task 4.4 - Letters of Support
Consultant shall ensure that all grant applications include the necessary documentation of support from city councils, community groups, neighborhood councils, business improvement districts, local business owners, pedestrian, bicycle and SRTS advocacy groups, property owners, and developers.
Consultant shall ensure the grant applications show the necessary support for the proposed projects to evaluating body.
5. Task 4.5 - Perform Any Necessary Public Outreach
Consultant shall coordinate cost-effective public outreach efforts with the local agency, stakeholders, and advocacy groups before finalizing project design and submitting the final grant application.
6. Task 4.6 - Project Area Photos
Consultant shall take comprehensive photography (including aerial photography) of all project areas to fully document local conditions. Consultant shall collect and consider any available photographs from the City.
7. Task 4.7 - Demonstrate Consistency with Existing Plans and Policies Consultant shall review existing land use, transportation, sustainability, public health plans, and policies. Consultant shall ensure that the proposed project is supported by official policy and largely consistent with regional plans.
8. Task 4.8 - Create Maps and Layouts
Consultant shall ensure its in-house graphic designers and cartographers develop maps that illustrate the extent of each proposed project, surrounding land use, previous safety concern sites, activity centers, and any other local features necessary to support the requirements of a particular application. 13 Consultant shall complete the majority of this information in ArcGIS and ensure relevant maps are included with the grant application.
9. Provide Supporting Data
Consultant shall cite and include any necessary documentation and data supporting claims of project benefits in the applications.
E. Task 5. Preliminary Draft Applications
1. Task 5.1 - Develop Preliminary Draft
Consultant shall prepare draft grant application packages, incorporating information collected and organized during the tasks in Task 4. Consultant shall independently review all applications through an internal quality assurance/control process. Consultant shall then submit a text copy to the City staff for review and comments.
2. Task 5.2 - Craft a Succinct and Compelling Case and Narrative for the Proposed Project
Consultant shall ensure that each application presents a compelling narrative explaining the local and regional need for the proposed project, addressing a specific, identified problem.
3. Task 5.3 - Review Phase
Upon Consultant’s completion of drafting and revising the application text, Consultant shall upload the application to a file sharing service for City review and comments. After receiving and incorporating the feedback, Consultant shall prepare all draft packages to fit the granting agency’s template.
4. Task 5.4 - Discuss Application Drafts
Consultant shall meet with City staff via teleconference, or in-person, to discuss comments and concerns about full-draft applications. Consultant shall formally note all comments, suggestions, and actions taken in response, ensuring the City will be able to see the manner in which concerns are addressed.
F. Task 6. Finalize Draft Applications
1. Task 6.1 - Modify Applications Based on Feedback
Consultant shall update all applications to incorporate feedback arising from City staff reviews of text draft and full draft applications. Consultant shall compile all notes received from meetings and comments into a table format to track all required alterations to the application drafts. Consultant shall provide this table to the City to show how each concern was addressed. 14 2. Task 6.2 - Compile Final Application Packages
Consultant shall compile the finalized application package, combining all written sections, photos, charts, maps, and other graphic components into a single document. Consultant shall prepare the package in a single PDF document to enable convenient review.
3. Task 6.3 - Send Final Application Package to City
Consultant shall submit completed application packages to the City for final review and obtain all the required signatures from executives and project members. At the City’s direction, submission shall be completed either electronically or by hard copy.
4. Task 6.4 - Final Corrections and Application Binding Consultant shall make all final revisions identified by the City in the final review stage. Consultant shall print all project applications and prepare them with tables of contents, labeled dividers, and professional binding before submitting the final applications.
G. Task 7. Site Visits
If the granting agency requires a site visit, Consultant shall provide all relevant materials, including but not limited to, informational handouts, project fact sheets, and Power Point presentations. Consultant shall also attend the site visit to ensure any questions (particularly regarding the application’s narrative and budget) are addressed and justified.
H. Task 8. Monthly Grant Activity Reports
Consultant shall prepare and submit monthly reports to City summarizing all of Consultant’s grant activities, including but not limited to, time spent and activities undertaken on City’s behalf each month. These reports shall describe Consultant’s accomplishments during the previous month, work effort results, planned accomplishments the following month, and any action items to complete existing grant funding pursuits.
15 EXHIBIT “B”
TERM AND TIME OF COMPLETION
TERM. The term of this Agreement shall commence on October 30, 2024 and expire October 29, 2027 (“Term”), unless otherwise terminated as herein provided. 16 EXHIBIT “C”
COMPENSATION
Provided Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.
A. AMOUNT. Consultant shall be paid in accordance with the attached rate schedule.
B. EXPENSES. Consultant will be reimbursed at cost for expenses directly arising from this scope of work, provided that:
1. Consultant obtains the City’s prior written authorization for any individual expense exceeding $500, and
2. Consultant provides written documentation evidencing the expenditure, such as receipts or invoices.
Examples of expenses include the following:
Reimbursable Expenses Cost
Travel IRS mileage rate
Printing At cost
C. NOT TO EXCEED AMOUNT. In no event shall the total amount paid to Consultant, including reimbursement for expenses exceed $60,792.
D. METHOD OF PAYMENT. Consultant shall provide monthly invoices to City for approval and payment. Invoices must be based on the services performed in the prior month and must indicate the date of service, description of services performed, task number, staff title, applicable hourly rate, and any expenses.
Receipts must be attached to substantiate expenses. Invoices must be itemized, adequately detailed, based on accurate records, and in a form reasonably satisfactory to City. Consultant may be required to provide back-up material upon request.
E. SCHEDULE FOR PAYMENT. City agrees to pay Consultant within thirty (30) days of receipt of the monthly invoice, provided services are completed to City’s reasonable satisfaction.
F. NOTICE. Written notices to City and Consultant shall be given by registered or certified mail, postage prepaid, email, or personally served, and addressed to the following parties.
17 Consultant Evan Brooks Associates, Inc.
750 E. Green Street, Suite 301
Pasadena, CA 91101
Attention: Hal Suetsugu, President
Email: [email protected]
City City of Redondo Beach
City Manager’s Office
415 Diamond Street
Redondo Beach, CA 90277
Attention: Luke Smude
Email: [email protected]
All notices, including notices of address changes, provided under this Agreement are deemed received as follows: (1) on the second business day after emailing, provided that no “bounce-back” or similar message indicating non-delivery is received; (2) on the third day after mailing if sent by registered or certified mail; or (3) upon personal delivery. Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party in accordance with this section.
18 ATTACHMENT 1
RATE SCHEDULE
19 EXHIBIT “D”
INSURANCE REQUIREMENTS FOR CONSULTANTS
Without limiting Consultant’s indemnification obligations under this Agreement, Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
Workers’ Compensation insurance as required by the State of California.
Employer’s Liability Insurance.
Minimum Limits of Insurance
Consultant shall maintain limits no less than:
General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this project.
Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers or (2) the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
20 Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Endorsement:
General Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of work performed by or on behalf of the Consultant. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance, or as a separate owner’s policy.
Automobile Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant.
For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, elected and appointed officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.
Each insurance policy shall be endorsed to state that the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.
Each insurance policy shall be in effect prior to awarding the contract and each insurance policy or a successor policy shall be in effect for the duration of the project.
The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract on the Consultant’s part.
Acceptability of Insurers
Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than A:VII and which are authorized to transact insurance business in the State of California by the Department of Insurance.
21 Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on the City authorized forms provided with the contract specifications. Standard ISO forms which shall be subject to City approval and amended to conform to the City’s requirements may be acceptable in lieu of City authorized forms. All certificates and endorsements shall be received and approved by the City before the contract is awarded. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
Subcontractors
Consultant shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
Risk Management
Consultant acknowledges that insurance underwriting standards and practices are subject to change, and the City reserves the right to make changes to these provisions in the reasonable discretion of its Risk Manager.