Golden Associates Inc
PROPOSAL
FEMA Project Administration Services
Submitted to:
Karla Romero, Finance Director
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
Submitted by:
Golder Associates Inc.
7245 W Alaska Drive, Suite 200, Lakewood, Colorado, USA 80226
+1 303 980-0540
May 15, 2020
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Table of Contents
1.0 ABOUT GOLDER ........................................................................................................................................... 1
1.1 Our FEMA Experience ......................................................................................................................... 2
1.2 COVID-19 ............................................................................................................................................. 2
2.0 RECORD OF PAST PERFORMANCE ........................................................................................................... 2
2.1 Specific FEMA Successes ................................................................................................................... 2
2.2 FEMA PA and HPA Recovery Experience ........................................................................................... 3
2.3 Experience with California Department of Parks and Recreation ........................................................ 4
2.4 Digital Solutions ................................................................................................................................... 4
2.5 References ........................................................................................................................................... 5
3.0 PROJECT TEAM ............................................................................................................................................ 5
4.0 QUALITATIVE CHARACTERISTICS ............................................................................................................. 7
4.1 Compliance with Public Policy ............................................................................................................. 7
4.2 Knowledge of government audits and emergency preparedness........................................................ 7
4.3 Meetings ............................................................................................................................................... 7
4.4 Adequate Financial Management Systems ......................................................................................... 7
5.0 COST ............................................................................................................................................................... 7
TABLES
Table 1: Relevant FEMA Experience ....................................................................................................................... 3
Table 2: Detailed Cost Estimate ............................................................................................................................... 8
FIGURES
Figure 1: Golder U.S. Offices ................................................................................................................................... 1
APPENDICES
APPENDIX A
Certification Regarding Lobbying
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iii
APPENDIX B
Project Team Resumes
APPENDIX C
Agreement for Contract Services
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1.0 ABOUT GOLDER
Golder is a global company that provides consulting, design, and construction services in the specialist areas of
earth and the environment. By meeting client needs and building strong client relationships, Golder has become
one of the most trusted sources of professional services in the world. We have worked hard to earn our
reputation, building on the quality of our professionals and the success of our clients. Our technical staff has
expertise in the disciplines of hydrogeology; environmental sciences; geotechnical and civil engineering; indoor
environmental quality; earth, water, and air services; process and instrumentation design; regulatory compliance;
digital solutions, and construction services.
Operating as an employee-owned group since its formation in 1960, Golder has created a unique culture with
pride in ownership and a commitment to providing technically sound and cost-effective consulting and contracting
services. Golder has experienced steady growth for more than five decades and has more than 5,000 dedicated
professionals operating in more than 150 offices across North America, South America, Europe, Australia, Asia,
and Africa, and we have completed projects in more than 150 countries.
Golder has offices through the United States, including several in California (Sacramento, Walnut Creek,
Sunnyvale, and Irvine).
Figure 1: Golder U.S. Offices
Our SAM.gov entity registration number is DUNS #139727325 Cage #1QQC9
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1.1 Our FEMA Experience
Golder has been a valuable member of the Fluor Technical Assistance Contractor (TAC) team for more than 17
years. During that time, Golder personnel have provided a wide range of technical specialists for support of
Federal Emergency Management Agency’s (FEMA) Public Assistance (PA) Recovery programs. This work has
supported all FEMA Categories (A thru G) of PA work. Golder’s expert knowledge of the PA Program eligibility
has been provided as Quality Control/Quality Assurance (QA/QC) specialists on many large disasters. Golder
personnel have been trained in FEMA Cost Estimating Format (CEF) and have written and reviewed hundreds of
CEFs. Golder has provided PA support for hurricanes, floods, snow and ice storms, earthquakes, and landslides
throughout the United States including the states of Florida, Mississippi, Alabama, Louisiana, Texas, Iowa,
Missouri, Tennessee, Colorado, New Jersey, North Dakota, South Dakota, North Carolina, South Carolina, Ohio,
California, Massachusetts, Maine, Hawaii, and Alaska. Golder personnel are proficient with the current FEMA
delivery model utilizing Grants Manager.
1.2 COVID-19
This proposal has taken into consideration certain efforts required due to the COVID-19 pandemic, but it is
acknowledged that the full impacts of the COVID-19 pandemic are still not apparent. The proposed scope of
services, cost and schedule do not consider additional potential impacts caused by COVID-19, beyond what has
been described in the proposal. Any adjustments required due to any additional impacts to accommodate COVID-
19 related concerns (including but not limited to, additional travel restrictions, delays, economic interruption,
supply chain issues, or any governmental guidance) will require an equitable adjustment in scope, schedule and
cost. For costing purposes, we have assumed that there will be no in person meetings.
2.0 RECORD OF PAST PERFORMANCE
2.1 Specific FEMA Successes
Golder coastal engineering staff supported FEMA in an arbitration case in Slidell, Louisiana. Golder
conducted an assessment of sedimentation in the Coin Du Lestin canals for FEMA in response to a
Request for Arbitration (RFA), a case which FEMA ultimately won.
Golder supported FEMA on an RFA related to the Cameron Loop Channel on the east side of the
Calcasieu Ship Channel. Golder’s Coastal Engineering staff provided an assessment of sedimentation in
the Cameron Loop channel in response to a request for technical assistance from FEMA regarding the
RFA by the West Cameron Port Commission (WCPC). Golder analyzed the occurrence of channel
sedimentation as a result of Hurricane Rita in 2005. The WCPC ultimately withdrew their request based in
part on the technical assessment provided by Golder.
Golder provided hydrology and hydraulic engineering expertise after the Colorado flooding in 2013 that
reviewed debris for threats in streams in Boulder and Larimer Counties providing only the eligible removal
for more than $10 million. The Golder specialist limited funding to that provided by disaster specific
guidance and provided documentation disallowing more than $2 million ineligible work, that has stood up
through appeals at FEMA headquarters.
Golder provided NEPA support in reviewing remediation for FEMA flooding disasters that occurred in
North and South Dakota. These projects included preparing environmental assessments and biological
assessments in compliance with NEPA, Endangered Species Act (Section 7 consultation), Wild and
Scenic Rivers Act, and Executive Orders 11988 (Floodplains) and 119990 (Wetlands Protection).
Permitting support provided by Golder included feasibility studies and baseline assessments; impact
assessments and alternative analyses; Clean Water Act (Section 404) individual and nationwide permit
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applications; mitigation planning; design and monitoring; adaptive management plans; Notices of Intent;
other public notices; scoping and stakeholder meetings; NEPA documentation and Executive Order
Statements of Finding; NEPA Findings of No Significant Impact (FONSI); NEPA Categorical Exclusions;
and agency scoping and stakeholder meetings for FEMA Public Assistance and other federal projects.
The effort also included developing a cooperative wetland mitigation program between FEMA, North
Dakota Department of Emergency Services, South Dakota Department of Emergency Services, and
Ducks Unlimited; developing other wetland mitigation agreements in areas where the roads may need
revisions to avoid future flooding potential; and site-specific programmatic assessments for fire stations,
wastewater treatment, and a variety of other projects. Effort additionally included coordinating project
reviews with tribal governments and completing consultation with Tribal Historic Preservation Offices for
the National Historic Preservation Act Section 106 compliance. The project also involved preparation of a
programmatic environmental assessment (PEA) that evaluated typical actions undertaken by FEMA to
implement the Public Assistance Program to provide disaster relief to North Dakota counties as a result of
historic and anticipated future flooding caused by rising water levels in the Devils Lake Basin. The PEA
provided the public and decision-makers with the information required to understand and evaluate the
potential environmental consequences of these actions and to consider these impacts in decision making.
The purpose of this PEA was to help fulfill FEMA’s mandate under the Public Assistance Program to
expeditiously provide disaster relief by expediting the environmental review process. FEMA used this PEA
to determine the level of environmental analysis and documentation required under NEPA.
Golder provided QA/QC specialists in Louisiana (2009-2010), Tennessee (2010), Ohio (2011), and Puerto
Rico (2019). The specialists were lead QA/QC and worked directly with the Infrastructure Branch Director
(formally known as Public Assistance Officer (PAO)) to set and review disaster specific Project
Worksheets (PWs) notes and CEF limitations.
2.2 FEMA PA and HPA Recovery Experience
Golder has worked closely with the FEMA as a member of a TAC to provide services in response to natural
disasters across the United States.
Table 1: Relevant FEMA Experience
FEMA Professional
Experience Hurricane Disaster Other Disasters FEMA Title/Roles
Hydrology/Hydraulics
Engineering
Geotechnical
Engineering
Archaeologist
Wastewater
Treatment Engineer
Beach Restoration
Engineer
Cost Estimator
Civil Engineer
Katrina, Rita, and
Wilma (2005)
Gustav and Ike
(2008)
Sandy (2012)
Harvey, Irma, and
Maria (2017)
Florence and
Michael (2018)
Snow
Disasters
Flooding
Events
Project Specialist/Project
Officer
Project Assistance Crew
Leader
TAC Administrator
QA/QC
Hazard Performance
Analysis (HPA) group with
405 HMPs
Closeout Specialists
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FEMA Professional
Experience Hurricane Disaster Other Disasters FEMA Title/Roles
Grants Manager/Grant
Portal Specialists
Project Delivery Manager
(PDMG)
Site Inspector
Trainer
Technical Specialist
Specialized Projects
Technical Specialist
Cost Estimators using
RSMeans and FEMA-CEF
2.3 Experience with California Department of Parks and Recreation
For the past 10 years, Golder has been providing environmental consulting services to the California Department
of Parks and Recreation (CDPR) at abandoned mine sites in three state parks. The sites include Empire Mine
State Historic Park (SHP), Malakoff Diggins SHP, and Mount Diablo State Park. Golder’s work is focused on
providing a wide-range of support including environmental permitting, environmental assessment and
investigations, engineering, design, construction, third party review, and coordinating with the various state and
local regulatory agencies to remediate impacts to soil, surface water, and groundwater from historic mining.
Highlights include preparing programmatic environmental impact reports (EIR), conducting investigations of
metals impacted soils, the design and construction of a passive treatment system (PTS) system to treat iron,
arsenic, and manganese in groundwater, removed a 100 year accumulation of mining derived sediment from a
channel flowing from a former dewatering adit, conducting National Pollutant Discharge Elimination System
(NPDES) and stormwater monitoring and reporting programs, completing an engineering evaluation, and BMP
alternatives analysis to treat mercury impacted sediment discharging from a former hydraulic mine.
2.4 Digital Solutions
The Golder Digital Solutions’ advantage is the combination of our multi-disciplinary team’s collective knowledge
with our market-leading technical software capabilities. These capabilities deliver bottom line value to our clients’
operations and are the foundation of our client’s success.
The best solutions are ones that are easily maintained and continue to provide value well beyond the initial
deployment. We believe this is only possible by aligning the people, processes, and technology around a common
set of goals.
Our global EHS management expertise and capabilities are the foundation of our success. We partner with our
customers to help them digitize and automate their operational programs. Our areas of specialty include safety,
health, environmental, quality, and risk programs, and the following:
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Advisory Services
Configuration Services
Sustainment Services
Business Case & Financial
Justification
Requirements Gathering
Structured Software Demos
Proof of Concept
Development
Total Cost of Ownership
Implementation Roadmap
Staffing & Skills Development
Readiness Assessment &
Change Management
Detailed Technical
Configuration Design
Data Discovery & Legacy Data
Migration
Process Mapping Workshops
Software Configuration
System Integrations
User and Business
Acceptance Testing
Training & Training Program
Development
Deployment Support
System Administration
Outsourced Support
System Optimization
Organization Change Support
Data Analytics
SHE Consulting
2.5 References
Tonya Maloy
Principal Contract Manager – Fluor Government Group
P: 703-351-1204
E: tonya.maloy@fluor.com
3.0 PROJECT TEAM
Golder’s proposed project team includes a group of professionals and support staff experienced in working
together to complete the project in a timely manner. Below is a brief summary our team members and resumes
are included in Appendix B.
Matthew Neimes, PE
Senior Project Manager
Matthew Neimes, PE has more than 39 years of civil engineering experience in infrastructure development
including: drainage, roadway, sanitary and water pipelines and facilities. He also has more than 15 years of
experience (both natural and manmade) disaster related recovery. This includes FEMA assignments gathering
information and writing hundreds of PWs for PA Grants, many specifically for Category B (Emergency Protective
Measures) Grants, Specialized Projects Technical Specialist, DR-4393-NC; DR-4399-FL, January 2019 – May
2020, FEMA QA/QC Specialist, DR-1603-LA; DR-1607-LA; DR-4002-OH; DR-1937-TN. 2009-2011, and FEMA
Field Trainer for Grants Manager and Policy, Hurricane Harvey DR-4332, throughout Texas.
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Charlie Radford
Senior Construction Manager
Civil construction and environmental remediation cost estimator, scheduler, and construction manager.
Documented success managing complex projects from the estimating phase through project completion as both
the self-perform contractor and the owner’s construction manager. This included FEMA Costing Specialist, CRC
Central – Zone 1 DR-4393-NC; DR-4464-SC; DR-4465-NC; DR-4412-NC. March – May 2020, and FEMA PDMG,
Hurricane Irma DR-4337. South Florida Field Office.
Lynn Collins
Senior Project Manager
Lynn Collins has been a senior construction project manager for 19 years. Most recently, she was the program
manager for Golder leading the FEMA Task Orders. She has coordinated field personnel for projects globally. In
addition, she is a mentor and leader in project management, project controls and processes. She has extensive
experience managing multiple offices and disciplines in construction scheduling, cost estimating, health and
safety, contract specifications, vendor and subcontractor agreements, budget controls, report writing and
equipment procurement and expediting. Her expertise extends from solid waste landfills, mining infrastructure,
environmental remediation, and instrumentation and controls, to residential and government work in handling
documents, reviews, and submittals. She also spent a significant amount of time working in the field on
construction projects both as a project controller/coordinator and a construction manager.
Michele Sims
Senior Project Coordinator
Michele Sims is a senior project coordinator/executive-level administrative assistant with more than 19 years’
experience. Most recently she worked as a PDMG and a Program Delivery Task Force Leader (PDTFL) for FEMA
DR-4337 (Hurricane Irma) where she managed more than 80 projects for her assigned applicants. While in the
PDTFL role, she oversaw one of the largest applicants in Florida, managed three PDMGs under her and their
applicants, while maintaining her own seven applicants. Provided quality assurance (QA) review of projects prior
to submittal at various process steps. Provided cost QA for labor and subcontractors both for FEMA and Golder.
She has received many accolades from several Applicants for her professionalism and assistance to them. She
has experience with all PA Categories of work (A-G). She has supported and coordinated projects across multiple
disciplines and countries. She has coordinated field personnel for projects globally. In addition, she manages
document and project control for projects that span across multiple offices. Ms. Sims is a cross discipline
administrator/manager and duties include editing and review of reports and managing of project teams.
Lara Bucklew
Digital Solutions Practice Leader
Lara Bucklew is a Digital Solutions practice lead with more than seven years of experience managing, designing,
configuring, and delivering EHSQ applications. Her software implementation experience includes managing
multiple support projects and implementation projects. Ms. Bucklew has more than 20 years of diverse industry
and functional EH&S experience which she leverages to help clients reduce and manage environmental, health
and safety risks through innovative business process improvements. She has worked on both the consultant and
client side, with more than 11 years of experience working as a corporate industrial hygienist.
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The above is our proposed team. Depending on the availability of the above team, we may have to rely on other
resources throughout the United States. Any changes in the proposed team will not be reflected in the cost.
4.0 QUALITATIVE CHARACTERISTICS
4.1 Compliance with Public Policy
Golder provides compliance with public policy for many different clients including FEMA (on the east coast), state
government agencies including the CDPR, the solid and hazardous waste industry across the United States and
in California, mining clients across the western United States, and California, and through our Digital Solutions
practice that automates compliance solutions for clients in many different sectors. Our experience with FEMA,
CDPR, and our Digital Solutions practice are presented in Section 2.0.
4.2 Knowledge of Government Audits and Emergency Preparedness
As presented in Sections 2.1 and 2.2, Golder has extensive knowledge of how FEMA approves PA recovery
funds. Besides the work we do as a FEMA contractor, Golder is dedicated to health and safety of the highest
standards. As a global company, our response to COVID started in late January and as an essential workforce,
we’ve continued to prepare and adjust to the ever-changing conditions.
4.3 Meetings
Golder understands that this work will be performed remotely to comply with COVID-19 regulations until otherwise
notified. Golder will communicate with City staff via email, by phone, with Zoom and Microsoft Teams, or by mail
when necessary. We will provide our own computers, phones, and have remote access to a secure electronic
deposit repository for documentation tracking.
Meetings with the City staff, FEMA, and/or CalOES represented will be scheduled as needed. Also, ongoing
scheduled meetings using Zoom will be conducted as needed for updates regarding operational changes.
4.4 Adequate Financial Management Systems
Golder uses BST Global in accordance with 2 CFR200. BST Global provides integrated business management
software solutions for the world’s leading architects, engineers, and environmental consultants.
5.0 COST
Golder has the flexibility to manage projects from multiple locations around the world. Our remote capabilities are
ideal for the City of LaQuinta due to the COVID restrictions. We will utilize employees from our California offices
but plan to manage this project from our Colorado office. This enables us to bring you the best value using
Colorado rates. Our rates include direct labor costs as well as indirect/overhead and profit. The cost estimate is
provided for budgeting purposes only.
Our cost estimate details a phased approach to display how Golder intends to implement processes and
procedures within the first few weeks to provide value and efficiency for the remainder of the contract period. The
first week is full time for two of our FEMA knowledgeable employees and a Digital Solutions practice leader. We
will use this time to get a full understanding of what the City has been doing and to develop clear expectations
with the City of La Quinta as well as FEMA. Our Digital Solutions practice leader will evaluate the opportunity for
automating data collection, management, and compliance auditing. The three weeks beyond that will be used to
develop a system going forward. Beyond week four we anticipate being able to use more cost-efficient labor for
the day to day tasks while still maintaining the necessary consulting oversite and review. All costs are on a time
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and expenses basis. For costing purposes, we have assumed that there will be no in person meetings. The hours
proposed are an estimate of how much assistance we believe you may need to begin with but understand these
may increase or decrease significantly. Golder can adjust labor to fill whatever increased demand may occur.
Table 2: Detailed Cost Estimate
Tasks
Project Coordinator
$95
Project Manager
$150
Practice Leader/
Sr. Reviewer
$190 Total
Cost
Hours Total Hours Totals Hours Total
Week 1
Project Setup 40 $3,800 40 $6,600 40 $7,600 $17,400
Cost for 1 week $17,400
Weeks 2-4
Weekly Meetings 2 $190 2 $300 1 190 $680
Weekly Preparation 30 $2,850 15 $2,250 12 2,280 $7,380
Cost for 3 weeks $24,180
Weeks 5-51
Weekly Meetings 2 $190 2 $300 1 190 $680
Weekly Preparation 20 $1,900 4 $600 1 190 $2,690
Cost for 47 weeks $158,390
Assumed max budget of $200,000 – Golder anticipates contract period up to 51 weeks
TOTAL $199,970
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Signature Page
Golder Associates Inc.
Cameron Beul Lynn Collins
Associate, Practice Leader Senior Project Manager
Golder and the G logo are trademarks of Golder Associates Corporation
APPENDIX A
Certification Regarding Lobbying
City of La Quinta
RFP Project Management Services * Page 13
EXHIBIT 1
APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an officer
or employee of an 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, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
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
of 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 undersigned shall complete and submit Standard
Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included
in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that
all subrecipients 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 this 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.
The Contractor, _________________________, certifies or affirms the truthfulness
and accuracy of each statement of its certification and disclosure, if any. In addition,
the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38,
Administrative Remedies for False Claims and Statements, apply to this certification
and disclosure, if any.
Signature of Contractor’s Authorized Official
Name and Title of Contractor’s Authorized Official
Date
APPENDIX B
Project Team Resumes
1
Resumé MATTHEW NEIMES
Education
ME, Civil Engineering,
University of Colorado
BS, Civil Engineering,
University of Colorado
Certifications
Professional Engineer - CO
Public Assistance Program
Delivery Manager
Certificate
Public Assistance Site
Inspection Certificate
Public Assistance
Operations I Certificate
Public Assistance
Operations II Certificate
PAC Crew Leader
Certificate
FEMA Cost Estimating
Format (CEF) Program
FEMA Train the Trainer
FEMA 406 Hazard
Mitigation
Golder Associates Inc. – Denver
Senior Project Manager
Matthew Neimes, PE has more than 39 years of civil engineering experience in
infrastructure development, including: drainage, roadway, sanitary and water
pipelines and facilities. He also has extensive experience (both natural and
manmade) disaster related recovery. He has an emphasis in water resources,
including storm sewer system design, stormwater controls and detention/water
quality facilities. He has extensive computer hydraulic and hydrologic
modeling, including HEC-HMS, CUHP, SWMM, HEC-2, HY8, and SEDCAD.
Employment History
Golder Associates Inc. – Denver, CO
Senior Water Resources Engineer (2003 to Present)
Responsibilities include hydrologic and hydraulic engineering design for mines,
landfills, and local municipalities in the United States and worldwide. Areas of
specialty include flood studies and surface water control system designs.
Mentor staff engineers and manage small projects. Work in the public
assistance program of FEMA as a hydrology/hydraulics specialist, trainer,
QA/QC specialist, 406 Hazard Mitigation specialist, crew leader (formally
known as Public assistance coordinator), project specialist (formally known as
project officer), and specialized project technical specialist assisting sub-
grantees recover from presidential declared disasters. Selected
accomplishments include construction drawings and specifications for budgets
ranging from $10,000 to $10 million with minimal change orders; stormwater
preliminary, final, and master site drainage plans including sediment control
designs for sites ranging in size of 1 to 8,000 acres; and represented sub-
grantees with claims of $1,000 to $120 million and wrote FEMA Project
Worksheets utilizing the Cost Estimating Format (CEF).
Farnsworth Group and BRW, Inc. – Denver, CO
Project Manager Water Resources (1998 to 2003)
Assisted marketing and project development team in proposals and budgets
and attended project interviews. Managed multiple coinciding projects with
design teams of two to five people each. Managed the CADD/drafting
department of six to 10 with schedules, project coordination, and personnel
issues. Worked with clients with limited construction budgets to determine and
prioritize needs. Coordinated efforts between client, design team, public,
municipalities, and contractors. Lead investigative engineer assisting in expert
witness cases. Selected accomplishments include secured contracts on 50%
of projects proposed and interviewed, completed 95% of projects on time and
on budget; minimized CADD/drafting department down time and optimized
department efficiency; constructed projects at or below client’s construction
budgets ranging from $250,000 to $5 million with minimal change orders;
highly satisfied clients and end users of the project; and settled expert witness
cases on average 10% original lawsuit.
Golder Associates, Inc. and Wright Water Engineers – Denver, CO
Project Engineer (1991 to 1998)
Designed many alternatives to contain open irrigation ditches into closed pipe
systems. Lead on-site engineer for a $1.5 million design budget, to design
waste rock and heap leach pad impoundment containment caps with
2
Resumé MATTHEW NEIMES
associated erosion and stormwater control features. Tracked and rectified 4.6
Mt of waste rock, spent ore, limestone buffer layer, bentonite amended soil,
thermal barrier, and topsoil. Sited and designed 30-225 x 10 x 6 m3 tailings
dam to impound 908 x 10 x 6 m3 of tailings. Designed containment ponds for
sediment, sludge, and treated process water using HDPE and PVC liners.
Designed stormwater management plan and associated stormwater control
features for 380 acre mine site. Designed 2-mile long haul road with features
including stormwater control structures and stream/channel rerouting.
Performed HEC2 and CUHP analyses for many creeks throughout the western
United States. Selected accomplishments included 10-year detention pond,
outlet facilities, and erosion control features that exceeded design
performances during a 500-year storm event, highly satisfied clients and end
users of the project, rectified volumes prevented litigation between client and
contractor, and also saved the client $3 million, and reclaimed mine sites to
near pre-mining conditions.
Hydro-Triad Ltd. – Denver, CO
Engineering Design (1988 to 1991)
Produced topography maps from compiled surveys and data, calculated dam
centerline, and established survey control. Designed tailings slurry pipelines,
water reclaim pipelines, and access roads. Developed tailings embankments,
ultimate tailings surfaces, spillway and decant systems, geological cross-
sections and logs, and gradation curves for fill material and tailings. Calculated
quantities and areas for fill materials and impoundment liner. Department head
of three technicians and drafters involved in scheduling and personnel issues.
Reams & Patterson – Denver, CO
Technician/Designer (1983 to 1988)
Department head of six technicians and drafters involved in scheduling and
personnel issues. Designed subdivision layouts. Performed survey calculations
and note reduction. Designed the layout of water distribution lines, sanitary
sewer lines, streets, site plans, and small acre grading plans.
Zorick, Spronk & Associates Inc. – Denver, CO
Designer/Drafter (1980 to 1983)
Department head involved in scheduling and personnel issues. Performed
survey calculations and note reduction. Designed the layout of water
distribution lines, sanitary sewer lines, streets, site plans, and small acre
grading plans.
PROJECT EXPERIENCE – FEMA PUBLIC ASSISTANCE
Specialized
Projects Technical
Specialist, DR-4393
Wilmington,
North Carolina
Performed site inspections, wrote DDDs, scopes of work, cost estimates, and
hazard mitigation proposals for high profile applicants. January 2019 –
September 2019.
Field Trainer, DR-4332
Emmitsburg, Maryland
Austin and Corpus
Christi, Texas
Field trainer for Branch 3 assisting in grants manager/grants portal, taught
multiple classes of Program Delivery Manager (PDMG) and Site Inspector (SI).
GM/GP Helpline. October 2017 – September 2018.
3
Resumé MATTHEW NEIMES
Hydrology and
Hydraulics Specialist,
DR-4145
Colorado
Wrote, reviewed, and consulted on more than 500 PWs for stream and ditch
damages. Worked with Hazards and Performance Analysis (HPA) Group
developing 406 – Hazard Mitigation Proposals to reduce or prevent similar
damages from future similar flooding events. Worked on closeout projects and
associated Project Worksheet (PW) versions. November 2013 – April 2016.
Hazard Mitigation
Specialist, DR-4086
Monmouth County,
New Jersey
Worked with the Hazards and Performance Analysis (HPA) Group working with
Applicants to develop and write 406 – Hazard Mitigation Proposals to reduce or
prevent damages from future similar events like Hurricane Sandy. January –
June 2013.
QA/QC Reviewer,
DR-4002
Columbus, Ohio
Reviewed hundreds of PWs through desktop and EMMIE. Worked with PACs
and Project Specialists with corrections, clarifications, eligibility, and
completeness of PWs including Hazard Mitigation Proposals (HMPs). July 2011
– November 2011.
QA/QC Reviewer,
DR-1909 & DR-1937
Nashville, Tennessee
Reviewed hundreds of PWs through desktop and EMMIE. Worked with PACs
and project specialists with corrections, clarifications, eligibility, and
completeness of PWs including Hazard Mitigation Proposals (HMPs). 2010 –
December 2010.
QA/QC Reviewer,
DR-1603 & DR 1607
Baton Rouge and New
Orleans, Louisiana
Reviewed hundreds of PWs through desktop reviews and in Initial and Final
Queues of NEMIS. Worked with group leads, PACs, and project specialists with
corrections, clarifications, eligibility, and completeness of PWs. Coordinated
efforts with Hazard Mitigation, Environmental and Historic Preservation,
Insurance and Alternate/Improved Project groups. April 2009 – September 2010.
Project Specialist,
DR-1773 & DR-1809
Shelby, Knox
and Schuyler
Counties, Missouri
Wrote/edited/corrected more than 20 PWs for Categories C and E for multiple
counties in northeastern Missouri (DR-1773). Wrote more than 40 PWs for
Categories C and E for Counties of Shelby, Knox and Schuyler, MO (DR-1809).
October 2008 – December 2008.
Project Specialist,
DR-1702
Marshall County
and Townships,
South Dakota
Wrote 55 PWs for Categories A, B, C, and E. The PWs included 406 Hazard
Mitigation proposals and CEFs all for Marshall County and Townships within
South Dakota. June 2007 – August 2007.
Project Officer,
DR-1607
Cameron Parrish,
Louisiana
Wrote more than 20 PWs and versions that included CEFs and 406 Hazard
Mitigation proposals with costs more than $1 million in Categories A, B, C, E, and
F Cameron Parish, Louisiana. June 2006 – November 2006.
PAC, DR-1603
Rapides Parish and
Vernon Parish,
Louisiana
PAC for major applicants of LSU-HSC, LSU-HCSD, Baton Rouge, Louisiana and
all applicants within Rapides Parish and Vernon Parish, Louisiana. Oversaw
PWs in Categories A, B, C, E, F, and G. October 2005 – April 2006.
1
Resumé GERALYN (LYN) COLLINS
Education
BS, Construction
Management, Colorado
State University
Certifications
CPR, AED, First Aid
40-Hour HAZWOPER
Golder Associates Inc. – Denver
Construction Manager
Geralyn (Lynn) Collins has been a senior construction project manager for 19
years. Most recently working as a program manager for Golder leading the
FEMA Task Orders. She has coordinated field personnel for projects globally. In
addition, she’s a mentor and leader in project management, project controls and
processes. She has extensive experience managing multiple offices and
disciplines in construction scheduling, cost estimating, health and safety, contract
specifications, vendor and subcontractor agreements, budget controls, report
writing and equipment procurement and expediting. Her expertise extends from
solid waste landfills, mining infrastructure, environmental remediation, and
instrumentation and controls, to residential and government work in handling
documents, reviews, and submittals. She also spent a significant amount of time
working in the field on construction projects both as a project
controller/coordinator and a construction manager.
Employment History
Golder Associates Inc. – Denver
Senior Project Manager (PM4) (2011 to Present)
Specializing in project management, project coordination and project controls.
I've managed processes for projects from $50K to $29M. Including a passive
water treatment system, a cutter soil mixer barrier wall at a Superfund site, to
installing telemetry systems at landfills across the country.
Golder Associates Inc. – Denver
FEMA Project Manager (2018 to Present)
Responsible for monitoring and responding to task orders, supplying personnel
for each assignment and daily reporting of personnel on site for FEMA
assignments. Maintains and reconciles all records and provides financial
analysis.
Golder Construction Services – Denver
Construction Manager (2008 to 2010)
Specializing in procurement, scheduling, contract management, change
management, health and safety, and subcontractor management. One of my
favorite projects was scheduling the "Deep Underground Scientific Laboratory"
installation in South Dakota.
PROJECT EXPERIENCE
Questa Water
Treatment Plant
New Mexico
Asked to join the team to manage the individual projects associated with the
O&M of that facility. Organized more than 20 small projects at one time and
developed a process to get them completed on time and in budget. I also
participated in the client specific project management training.
2
Resumé GERALYN (LYN) COLLINS
Landfill Telemetry
GolderWatch
Installations
Alaska, Hawaii, USA,
Canada
GolderWatch systems are now being installed around the country to monitor
landfill gases. Ms. Collins is the project manager in charge of successfully
completing these projects.
Landfill Leachate
Automated Monitoring
System
Utah/Colorado
An automated system was developed and installed by Golder to control the
leachate levels within landfills. Ms. Collins managed this project in Utah.
MRI Superfund CSM
Barrier Wall
Florida
Ms. Collins ran all project related controls for this site, including importing CSM
equipment from Canada, setting up subcontractor work orders and procurement.
She tracked all costs, reviewed/approved all invoices, and invoiced client.
Magenta Drain, Empire
Mine Passive
Treatment System
California
Ms. Collins was responsible for running the project controls for the installation of
this passive water treatment system. With a budget of over $4 million dollars, her
job was to track all of the project spending and align it with the overall budget.
She procured a majority of the equipment needed for the project by issuing
purchase orders and tracking all shipments. She also helped to set up contracts
and work orders with subcontractors and vendors, put together monthly client
updates, schedules and billing, as well as fill in as field supervisor as needed.
Brunswick CSM
Barrier Wall
Georgia
Ms. Collins ran all project related controls for this site, including importing CSM
equipment from Canada, setting up subcontractor work orders and procurement.
She tracked all costs, reviewed/approved all invoices, and invoiced client.
Satralloy Interim
Security Measures
Ohio
Ms. Collins was responsible for running the project controls for this project in
which safety and security measures were installed at a large mine site. With a
budget of over $1 million dollars and a project schedule of three months, her job
was to track project spending and align it with the overall budget. She procured
the majority of the materials needed for the project and obtained necessary
permits. She also helped to set up contracts and work orders with subcontractors
and vendors and put together weekly client updates.
DUSEL, Deep
Underground Scientific
Experimental
Laboratory
South Dakota
Ms. Collins prepared the Primavera P6 schedule and assisted with the cost
estimate for the underground excavations of this unique project. The project
involved several different entities including the National Science Foundation and
the South Dakota School of Mines. Cost estimates for this project exceed $100
million.
Pueblo Chemical
Agent, Destruction
Pilot Plant
Colorado
One of the largest projects in Golder’s history, with a budget of more than $28
million dollars required a substantial amount of procurement. Ms. Collins was
responsible for all purchase orders and invoices for the procurement of this
project from start to finish.
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Resumé CHARLES RADFORD
Education
BBA, Georgia Southern
College
Golder Associates Inc. – Denver
Senior Construction Manager
Civil construction and environmental remediation cost estimator, scheduler and
construction manager. Documented success managing complex projects from
the estimating phase through project completion as both the self-perform
contractor and the owner’s construction manager. This included FEMA Costing
Specialist, Est2, CRC Central – Zone 1 DR-4393-NC; DR-4464-SC; DR-4465-
NC; DR-4412-NC. March – May 2020, and FEMA Program Delivery Manager,
CM2, Hurricane Irma DR-4337. South Florida Field Office. December 2018 –
May 2019. Served as a senior construction manager and the manager of cost
estimating for the construction division of Golder focused on providing full service
delivery of projects from the design phase through construction and closeout.
Technical and operational responsibilities encompassed all aspects of project
management including planning, estimating, scheduling, subcontractor selection
and administration, field implementation, safety, quality assurance, progress
tracking, and status reporting. As the manager of cost estimating, he prepared,
reviewed, and approved cost estimates and proposals for major construction
projects, nationwide.
Employment History
SWS Environmental Services – Jacksonville, FL
Senior Estimator/Project Manager (2015 to 2017)
Prepared cost estimates and proposals for fixed-price, complex environmental
remediation and civil construction projects. Also served as project manager on
several challenging jobs that required senior level planning, scheduling, and
management skills.
Golder Construction Services – Jacksonville, FL
Senior Construction Manager/Estimating Manager (2007 to 2015)
Served as a senior construction manager and the manager of cost estimating for
the construction division of Golder, focused on providing full-service delivery of
projects from the design phase through construction and closeout. Technical and
operational responsibilities encompassed all aspects of project management
including planning, estimating, scheduling, subcontractor selection and
administration, field implementation, safety, quality assurance, progress tracking,
and status reporting. As the manager of cost estimating, prepared, reviewed, and
approved cost estimates and proposals for major construction projects,
nationwide.
CH2M Hill Constructors, Inc. – Atlanta, GA
Senior Estimator/Senior Construction Manager (1997 to 2005)
Responsible for all phases of project delivery including cost estimating,
scheduling, constructability reviews, contract and subcontract negotiation,
construction management, project management, fixed-price cost control and
claims management.
OHM Remediation Services Corp. – Norcross, GA
Project Development Manager, Senior Estimator and Project Manager (1988 to
1997)
Directed all aspects of the project development department. Served as Senior
Estimator and/or Project Manager for technically complex hazardous waste
2
Resumé CHARLES RADFORD
projects that utilized a wide range of remediation technologies.
Brown & Root USA, Inc. – Houston, TX
Senior Estimator and Project Manager (1975 to 1987)
Estimated, scheduled, and performed cost control for over $100 million of heavy-
highway and civil construction projects.
FEMA PUBLIC ASSISTANCE EXPERIENCE
Cost Estimator, Est2, Central-CRC multiple disaster managed out of the Central-CRC. March-May
2020.
Program Delivery Manager, CM2, Hurricane Irma DR-4337. South Florida Field Office. December 2018
– May 2019
Evaluating project worksheets for eligible damages, collaborating with engineers on technical issues,
and preparing cost estimates for repair and/or replacement of disaster related damage.
Civil Engineer/Cost Estimator (Est3) with the Long-Term Community Recovery from Tornadoes in
Greensburg, Kansas. Task Order 07-J-0016.
Civil Engineer/Cost Estimator (Est3) with the Long-Term Community Recovery from Severe Storms,
Tornadoes and Flooding in Iowa. Task Order 08-J0031.
Project Specialist, Estimator, Senior Level (Est3) with the Hurricane Katrina Recovery Operations
Group Cost Estimating Center in New Orleans. Task Order 06-J-0002.
Performing field inspections of damaged facilities to define the scope of work, including developing the
means and methods of construction.
PROJECT EXPERIENCE
Consolidated
Resource Center,
EST2, FEMA Central
Cost estimator for civil construction and environmental remediation cost
estimator, scheduler, and construction manager. Utilizing the FEMA Cost
Estimating Format (CEF) for the estimating phase through project completion at
the Central CRC.
FEMA South Florida
Field Office, CM2,
Hurricane Irma
FEMA program delivery manager for civil construction and environmental
remediation cost estimator, scheduler, and construction manager. Documented
success managing complex projects from the estimating phase through project
completion as both the self-perform contractor and the owner’s construction
manager.
SWS Environmental
Services
As senior estimator/project manager, prepared cost estimates and proposals for
fixed-price, complex environmental remediation, and civil construction projects.
Also served as project manager on several challenging jobs that required senior
level planning, scheduling, and management skills.
CH2M Hill
Constructors
Senior estimator/senior construction manager responsible for all phases of
project delivery including cost estimating, scheduling, constructability reviews,
contract and subcontract negotiation, construction management, project
management, fixed-price cost control and claims management.
OHM Remediation
Services Corporation
Project development manager, senior estimator, and project manager for all
aspects of the project development department. Was senior estimator and/or
project manager for technically complex hazardous waste projects that utilized a
wide range of remediation technologies.
1
Resumé MICHELE SIMS
Education
BS, Psychology with a
Personality Development
and Clinical Processes
Option, California State
University
Certifications
PDMG Operations Course-
New Model
FEMA Determination
Memos and Appeals IS-
01018
FEMA Detailed Damage
Description and
Dimensions IS-01007
FEMA Exploratory Call,
Damage Inventory,
Recovery Scoping Meeting
IS-01003
FEMA PA Delivery Model
Orientation
FEMA Public Assistance
Program and Eligibility IS-
01000
FEMA Introduction to
Incident Command System
ICS-100
CPR, AED, First Aid
Certified
40-Hour HAZWOPER,
2006
SCBA Certified
Confined Space Certified
Golder Associates Inc. – Walnut Creek
Program Delivery Manager/Project Coordinator and Project Controls
Michele Sims is a senior project coordinator/executive-level administrative
assistant for more than 19 years. Most recently she worked as a Program
Delivery Manager (PDMG) and a Program Delivery Task Force Leader (PDTFL)
for FEMA DR-4337 (Hurricane Irma) where she managed more 80 projects for
her assigned applicants. While in the PDTFL role, she oversaw one of the largest
applicants in Florida, managed three PDMGs under her and their applicants,
while maintaining her own seven applicants. Provided quality assurance (QA)
review of projects prior to submittal at various process steps. Provided cost QA
for labor and subcontractors both for FEMA and Golder. She has received many
accolades from several Applicants for her professionalism and assistance to
them. She has experience with all PA Categories of work (A-G). She has
supported and coordinated projects across multiple disciplines and countries.
She has coordinated field personnel for projects globally. In addition, she
manages document and project control for projects that span across multiple
offices. Michele is a cross discipline administrator/manager and duties include
editing and review of reports, managing of department teams, managing control
logs, invoicing and contracts and subcontractor management.
Employment History
Golder Associates Inc. – Irvine and Walnut Creek, CA
Senior Project Coordinator (2003 to Present)
Support project managers globally on large and small projects and proposals
both domestic and international. Create cost spreadsheets, create filing system,
prepare and process invoices, edit reports, track and monitor project financials,
process prebills, make travel arrangements, manage project PWS and files, and
assist with HASP’s, assist with staff resumes and bios, maintain document
review records. Review and edit reports, technical memoranda, drawings and
specifications for multiple projects. Point-of-contact for onsite personnel for large
projects. Prepare contracts, subcontracts, and work orders for subcontractors.
Process certificates of insurance, coordinate travel for employees. Train staff in
multiple offices for company’s Project Workspaces and populate/maintain
multiple offices CWS Homepage. Processed payables and contracts, set up
proposals and projects in BST accounting system. Responsible for accounts
receivable collections. Research and reconcile payables. Administrator for
electronic timesheets. Obtain supplies and services for projects and office.
Organize and manage meetings and off-site gatherings for multiple offices.
Marketing contact for the Irvine office which includes project experience
maintenance and creation, Statement of Qualifications, contacts database and
client gifts/mailings.
Orange County Water District – Fountain Valley, CA
Buyer (2003 to 2003)
Support staff in securing goods and services. Set up new vendors, process
purchase orders. H.T. E., J.D. Edwards, Outlook and Explorer (temporary
position).
URS Corporation – San Francisco, CA
Project Administrative/Executive Assistant (2001 to 2003)
Support senior vice president and three engineering groups. Interface with
2
Resumé MICHELE SIMS
project managers, accounting personnel and other project administrators.
Prepared invoices, expense reports, set up projects, contracts, work orders, and
assisted with electronic timesheets and transfers. Tracked project financials,
handled accounts payable and receivables, set up and schedule meetings, made
travel arrangements. Assisted with RFPs and proposal preparation and
distribution and project reporting.
Allied Technology Group, Inc. – Fremont, CA
Executive Assistant/Procurement (2000 to 2001)
Worked directly with president/CEO to cut costs. Supported engineering staff.
Prepared purchase orders, processed invoices, organized proposals and
assisted in accounting research. Coordinated travel for employees and clients.
Sumitomo Sitix Silicon, Inc. – Fremont, CA
Senior Materials Processor (1995 to 2000)
Obtained silicon wafers and processed them according to procedures and
specifications, operated epitaxial reactors, maintained logbooks, spreadsheets,
SPC rules and inventory tracking database. Visually inspected, cleaned, and
performed final QA on product. Researched discrepant material and assisted
engineering technicians with special projects. Certified trainer on all production
equipment and awarded for taking initiative and leadership responsibilities as
Acting Lead on the production floor. Created training manuals for all equipment.
Emergency Response Team (ERT) member.
PROJECT EXPERIENCE – FEMA
FEMA, Hurricane Irma
Florida, USA
Contracted to FEMA to work public assistance as a PDMG for Hurricane Irma
using the new delivery model. The first deployment for IRMA she was tasked
with 15 applicants and 81 projects over the course of the year processing costs
and backup documentation to submit for applicant reimbursement. During her
second deployment she had several school districts and water management
districts, was promoted to PDTFL over the largest applicant in the State of
Florida while also working one of the departments, maintained her other
applicants and managed three other PDMGs and their applicants. Projects
ranged from $3,500 to more than $22 million. Worked with multiple agencies,
cities, counties, school districts, hospitals, and private non-profits.
Managed/scheduled site inspections and reviewed and approved reports and
created Firmettes and photo pages as necessary. Created and submitted various
projects with both contract and force account. Worked on special projects for
Task Force Lead. Assisted other teams with their applicants while members were
on rotation. Maintained projects reports and spend plans including other
reporting duties as a PDTFL.
3
Resumé MICHELE SIMS
FEMA, PDMG and
PDTFL/Project
Coordinator and
Project Controls
Process and manage projects up to and more than $20 million. QA review of
submitted projects to CRC and FEMA final. Manage work teams for various
departments within Golder and PDMGs for FEMA. Assist project managers
globally on large and small projects and proposals both domestic and
international. Create cost spreadsheets and schedules, create filing system,
prepare and process invoices, prepare reports, track and monitor project
financials, process prebills, make travel arrangements, manage project
Sharepoint and files, assist with health and safety plans, assist with staff
resumes and bios, maintain document review records. Review and edit reports,
technical memoranda, drawings and specifications for multiple projects. Point-of-
contact for onsite personnel for large projects. Manage contracts, subcontracts
and work orders for subcontractors. Process certificates of insurance, coordinate
travel for employees. Train staff in multiple offices for company’s Project
Workspaces and populate/maintain multiple offices CWS Homepage. Process
payables and contracts, set up proposals and projects in BST accounting
system. Responsible for accounts receivable collections. Research and reconcile
payables. Administrator for electronic timesheets. Obtain supplies and services
for projects and office. Organize and manage meetings and off-site gatherings
for multiple offices. Marketing contact for the Irvine office which includes project
experience maintenance and creation, Statement of Qualifications, client
contacts database. Microsoft Outlook, MS Office, Explorer, PowerPoint,
GoldBase, BST, One Place Mail, Project/Collaborative Workspace, and Office
Communicator.
1
Resumé LARA BUCKLEW
Education
BS, Civil Engineering,
Union College
BS, Geology, Union
College
Golder Associates Inc. – Atlanta
Digital Solutions Practice Lead
Lara Bucklew is a Digital Solutions practice lead with more than seven years of
experience managing, designing, configuring, and delivering EHSQ applications.
Her software implementation experience includes managing multiple support
projects and implementation projects. Ms. Bucklew has more than 20 years of
diverse industry and functional EH&S experience which she leverages to help
clients reduce and manage environmental, health and safety risks through
innovative business process improvements. She has worked on both the
consultant and client side, with more than 11 years of experience working as a
corporate industrial hygienist.
As a project manager, Ms. Bucklew is responsible for the management of large
projects and development of project management processes for the Digital
Solutions service line to Golder’s global customers. Activities include:
Project management duties for all large projects within the Digital Solutions
service line.
Development of internal project management processes for all Digital
Solutions programs.
Assist with the hiring and development of implementation consultants to
support Golder’s global customers and multiple software platforms.
Facilitate and manage participants in local client software user groups,
scheduling of meetings, determine agenda topics, coordinate meeting
facilities.
PROJECT EXPERIENCE
More than 20 years of diverse industry and functional EH&S experience
More than 11 years of experience working as a corporate industrial hygienist
APPENDIX C
Agreement for Contract Services
AGREEMENT FOR CONTRACT SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made
and entered into by and between the CITY OF LA QUINTA, (“City”), a California
municipal corporation, and Name[insert the type of business entity, e.g. sole
proprietorship, CA Limited Liability Corp, an S Corp.] (“Contracting Party”).
The parties hereto agree as follows:
1. SERVICES OF CONTRACTING PARTY.
1.1 Scope of Services. In compliance with all terms and conditions of
this Agreement, Contracting Party shall provide those services related to
Project Management of Federal Emergency Management Agency
documentation, as specified in the “Scope of Services” attached hereto as
“Exhibit A” and incorporated herein by this reference (the “Services”).
Contracting Party represents and warrants that Contracting Party is a provider
of first-class the proposed work and/or services and Contracting Party is
knowledgeable and experienced in performing the Services contemplated
herein and, in light of such status and experience, Contracting Party covenants
represents that it shall follow iIndustry sStandards in performing the Services
required hereunder, and that all materialsgoods, if any, will be of good quality,
fit for the purpose intended. For purposes of this Agreement, the phrase
“Iindustry Sstandards” shall mean those standards of practice recognized by
one or more first-class firms performing similar services under similar
circumstancesthe level of care and skill ordinarily exercised by other
professionals currently practicing under similar conditions in the same locality.
1.2 Compliance with Law. All Services rendered hereunder shall be
provided in accordance with all applicable ordinances, resolutions, statutes,
rules, regulations, and laws of the City and any Federal, State, or local
governmental agency of competent jurisdiction.
1.3 Wage and Hour Compliance, Contracting Party shall comply with
applicable Federal, State, and local wage and hour laws.
1.4 Licenses, Permits, Fees and Assessments. Except as otherwise
specified herein, Contracting Party 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, including a City of
La Quinta business license. Contracting Party and its employees, agents, and
subcontractors shall, at their sole cost and expense, keep in effect at all times
during the term of this Agreement any licenses, permits, and approvals that
are legally required for the performance of the Services required by this
Agreement. Contracting Party 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 performance
of the Services required by this Agreement, and shall indemnify, defend (with
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counsel selected by City), and hold City, its elected officials, officers, and
employees, and agents, free and harmless against any such fees,
assessments, taxes, penalties, or interest levied, assessed, or imposed
against City hereunder. Contracting Party shall be responsible for all
subcontractors’ compliance with this Section.
1.5 Familiarity with Work. By executing this Agreement, Contracting
Party warrants represents that based on information known to Contracting
Party (a) it has thoroughly investigated and considered the Services to be
performed, (b) it has carefully considered how the Services should be
performed, and (c) it fully understands the facilities, difficulties, and restrictions
attending performance of the Services under this Agreement. Should
Contracting Party discover any latent or unknown conditions materially
differing from those inherent in the Services or as represented by City,
Contracting Party shall, as reasonably as possible, immediately inform City of
such fact and shall not proceed except at Contracting Party’s risk until written
instructions are received from the Contract Officer, or assigned designee (as
defined in Section 4.2 hereof).
1.6 Standard of Care. Contracting Party acknowledges and
understands that the Services contracted for under this Agreement require
specialized skills and abilities and that, consistent with this understanding,
Contracting Party’s work will be held to an iIndustry sStandards of quality and
workmanship. Consistent with Section 1.5 hereinabove, Contracting Party
represents to City that it holds the necessary skills and abilities to satisfy the
iIndustry Sstandards of quality as set forth in this Agreement. Contracting
Party shall adopt reasonable methods during the life of this Agreement to
furnish continuous protection to the Services performed by Contracting Party,
and the equipment, materials, papers, and other components thereof to
prevent losses or damages, and shall be responsible for all such damages, to
persons or property, until acceptance of the Services by City, except such
losses or damages as may be caused by City’s own negligence. The
performance of Services by Contracting Party shall not relieve Contracting
Party from any obligation to correct any incomplete, inaccurate, or defective
work at no further cost to City, when such inaccuracies are due to the
negligence of Contracting Party.
1.7 Additional Services. In accordance with the terms and conditions
of this Agreement, Contracting Party shall perform services in addition to
those specified in the Scope of Services (“Additional Services”) only when
directed to do so by the Contract Officer, or assigned designee, provided that
Contracting Party shall not be required to perform any Additional Services
without compensation. Contracting Party shall not perform any Additional
Services until receiving prior written authorization (in the form of a written
change order if Contracting Party is a contractor performing the Services) from
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the Contract Officer, or assigned designee, incorporating therein any
adjustment in (i) the Contract Sum, and/or (ii) the time to perform this
Agreement, which said adjustments are subject to the written approval of
Contracting Party. It is expressly understood by Contracting Party that the
provisions of this Section shall not apply to the Services specifically set forth
in the Scope of Services or reasonably contemplated therein. It is specifically
understood and agreed that oral requests and/or approvals of Additional
Services shall be barred and are unenforceable. Failure of Contracting Party
to secure the Contract Officer’s, or assigned designee’s written authorization
for Additional Services shall constitute a waiver of any and all right to
adjustment of the Contract Sum or time to perform this Agreement, whether
by way of compensation, restitution, quantum meruit, or the like, for
Additional Services provided without the appropriate authorization from the
Contract Officer, or assigned designee. Compensation for properly authorized
Additional Services shall be made in accordance with Section 2.3 of this
Agreement. Notwithstanding anything contained herein, any change to the
scope, schedule or budget to this Agreement shall be mutually agreed to in
writing by both parties.
1.8 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in “Exhibit D”
(the “Special Requirements”), which is incorporated herein by this reference
and expressly made a part hereof. In the event of a conflict between the
provisions of the Special Requirements and any other provisions of this
Agreement, the provisions of the Special Requirements shall govern.
2. COMPENSATION.
2.1 Contract Sum. For the Services rendered pursuant to this
Agreement, Contracting Party shall be compensated in accordance with
“Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed
Two Hundred Thousand Dollars ($200,000.00) for the life of the Agreement.
(the “Contract Sum”), except as provided in Section 1.7. The method of
compensation set forth in the Schedule of Compensation will be payment for
time and materials not to exceed based upon Contracting Party’s rate
schedule, but not exceeding the Contract Sum. The Contract Sum shall include
the attendance of Contracting Party at all project meetings reasonably deemed
necessary by City; Contracting Party shall not be entitled to any additional
compensation for attending said meetings. Compensation may include
reimbursement for actual and necessary expenditures for reproduction costs,
transportation expense, telephone expense, and similar costs and expenses
when and if specified in the Schedule of Compensation. No markup
constituting a cost-plus percentage of cost shall be allowed on any term of
compensation. Regardless of the method of compensation set forth in the
Schedule of Compensation, Contracting Party’s overall compensation shall not
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exceed the Contract Sum, except as provided in Section 1.7 of this
Agreement.
2.2 Method of Billing & Payment. Any month in which Contracting
Party wishes to receive payment, Contracting Party shall submit to City no
later than the tenth (10th) working day of such month, in the form approved
by City’s Finance Director, an invoice for Services rendered prior to the date
of the invoice. Such invoice shall (1) describe in detail the Services provided,
including time and materials, and (2) specify each staff member who has
provided Services and the number of hours assigned to each such staff
member. Upon approval in writing by the Contract Officer, or assigned
designee, and subject to retention pursuant to Section 8.3, City will pay
Contracting Party for all items stated thereon which are approved by City
pursuant to this Agreement no later than thirty (30) days after invoices are
received by the City’s Finance Department.
2.3 Compensation for Additional Services. Additional Services,
including associated costs, shall be approved in advance of the additional
services being rendered by the Contract Officer, or assigned designee,
pursuant to Section 1.7 of this Agreement. This compensation shall be agreed
to in writing by both City and Contracting Party. Any compensation for
Additional Services amounting to five percent (5%) or less of the Contract
Sum may be approved by the Contract Officer, or an assigned designee. Any
greater amount of compensation for Additional Services must be approved by
the La Quinta City Council, the City Manager, or Department Director,
depending upon City laws, regulations, rules and procedures concerning public
contracting. Under no circumstances shall Contracting Party receive
compensation for any Additional Services unless prior written approval for the
Additional Services is obtained from the Contract Officer, or assigned
designee, pursuant to Section 1.7 of this Agreement.
3. PERFORMANCE SCHEDULE.
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement. If the Services not completed in accordance with the Schedule of
Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that
the City will suffer damage.
3.2 Schedule of Performance. All Services rendered pursuant to this
Agreement shall be performed diligently and within the time period established
in “Exhibit C” (the “Schedule of Performance”). Extensions to the time period
specified in the Schedule of Performance may be approved in writing by the
Contract Officer, or assigned designee.
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3.3 Force Majeure. The time period 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 Contracting
Party, including, but not restricted to, acts of God or of the public enemy, fires,
earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight
embargoes, acts of any governmental agency other than City, and unusually
severe weather, if Contracting Party shall within ten (10) days of the
commencement of such delay notify the Contract Officer, or assigned
designee, in writing of the causes of the delay. The Contract Officer, or
assigned designee, shall ascertain the facts and the extent of delay, and
extend the time for performing the Services for the period of the forced delay
when and if in the Contract Officer’s judgment such delay is justified, and the
Contract Officer’s determination, or assigned designee, shall be final and
conclusive upon the parties to this Agreement. Extensions to time period in
the Schedule of Performance which are determined by the Contract Officer, or
assigned designee, to be justified pursuant to this Section shall not entitle the
Contracting Party to additional compensation in excess of the Contract Sum.
Contracting Party acknowledges services are to be rendered in response to
the COVID-19 Pandemic. Following the State of California emergency
declaration (March 4, 2020), the City declared a local state of emergency on
March 17, 2020 and subsequently filed for Federal Emergency Management
Assistance (FEMA) on March 22, 2020. In addition, on March 8, 2020, the
Riverside County Public Health Officer declared a local health emergency
based on an imminent and proximate threat to public health from the
introduction of COVID-19 in the County of Riverside.
The consultant Contracting Party shall primarily work remotely (City
offices are currently closed to the public, including consultants). Under
COVID-19 regulations issued by the State and City shelter in place orders
shall be abided by until otherwise notified.
3.4 Term. Unless earlier terminated in accordance with the provisions
in Article 8.0 of this Agreement, the term of this agreement shall commence
on June 2, 2020, and terminate on June 30, 2023.
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4. COORDINATION OF WORK.
4.1 Representative of Contracting Party. The following principals of
Contracting Party (“Principals”) are hereby designated as being the principals
and representatives of Contracting Party authorized to act in its behalf with
respect to the Services specified herein and make all decisions in connection
therewith:
(a) To be Determined
Tel No.
E-mail:
(b) XYZ
Tel No.
E-mail:
It is expressly understood that the experience, knowledge, capability, and
reputation of the foregoing Principals were a substantial inducement for City
to enter into this Agreement. Therefore, the foregoing Principals shall be
responsible during the term of this Agreement for directing all activities of
Contracting Party and devoting sufficient time to personally supervise the
Services hereunder. For purposes of this Agreement, the foregoing Principals
may not be changed by Contracting Party and no other personnel may be
assigned to perform the Services required hereunder without the express
written approval of City.
4.2 Contract Officer. The “Contract Officer”, otherwise known as the
Karla Romero, Finance Director or assigned designee may be designated in
writing by the City Manager of the City. It shall be Contracting Party’s
responsibility to assure that the Contract Officer, or assigned designee, is kept
informed of the progress of the performance of the Services, and Contracting
Party shall refer any decisions, that must be made by City to the Contract
Officer, or assigned designee. Unless otherwise specified herein, any approval
of City required hereunder shall mean the approval of the Contract Officer, or
assigned designee. The Contract Officer, or assigned designee, shall have
authority to sign all documents on behalf of City required hereunder to carry
out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The
experience, knowledge, capability, and reputation of Contracting Party, its
principals, and its employees were a substantial inducement for City to enter
into this Agreement. Except as set forth in this Agreement, Contracting Party
shall not contract or subcontract with any other entity to perform in whole or
in part the Services required hereunder without the express written approval
of City. In addition, neither this Agreement nor any interest herein may be
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transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or
by operation of law, 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 Contracting Party, taking all transfers into
account on a cumulative basis. Any attempted or purported assignment or
contracting or subcontracting by Contracting Party without City’s express
written approval shall be null, void, and of no effect. No approved transfer
shall release Contracting Party of any liability hereunder without the express
consent of City.
4.4 Independent Contractor. Neither City nor any of its employees
shall have any control over the manner, mode, or means by which Contracting
Party, its agents, or its 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 Contracting Party’s employees, servants,
representatives, or agents, or in fixing their number or hours of service.
Contracting Party 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.
Contracting Party 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
Contracting Party in its business or otherwise or a joint venture or a member
of any joint enterprise with Contracting Party. Contracting Party shall have no
power to incur any debt, obligation, or liability on behalf of City. Contracting
Party 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. Except for the Contract
Sum paid to Contracting Party as provided in this Agreement, City shall not
pay salaries, wages, or other compensation to Contracting Party for performing
the Services hereunder for City. City shall not be liable for compensation or
indemnification to Contracting Party for injury or sickness arising out of
performing the Services hereunder. Notwithstanding any other City, state, or
federal policy, rule, regulation, law, or ordinance to the contrary, Contracting
Party and any of its employees, agents, and subcontractors providing services
under this Agreement shall not qualify for or become entitled to any
compensation, benefit, or any incident of employment by City, including but
not limited to eligibility to enroll in the California Public Employees Retirement
System (“PERS”) as an employee of City and entitlement to any contribution
to be paid by City for employer contributions and/or employee contributions
for PERS benefits. Contracting Party agrees to pay all required taxes on
amounts paid to Contracting Party under this Agreement, and to indemnify
and hold City harmless from any and all taxes, assessments, penalties, and
interest asserted against City by reason
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of the independent contractor relationship created by this Agreement.
Contracting Party shall fully comply with the workers’ compensation laws
regarding Contracting Party and Contracting Party’s employees. Contracting
Party further agrees to indemnify and hold City harmless from any failure of
Contracting Party to comply with applicable workers’ compensation laws. City
shall have the right, upon written notice to Contracting Party, to offset against
the amount of any payment due to Contracting Party under this Agreement
any amount due to City from Contracting Party as a result of Contracting
Party’s failure to promptly pay to City any reimbursement or indemnification
arising under this Section.
4.5 Identity of Persons Performing Work. Contracting Party represents
that it employs or will employ at its own expense all personnel required for
the satisfactory performance of any and all of the Services set forth herein.
Contracting Party represents that the Services required herein will be
performed by Contracting Party or under its direct supervision, and that all
personnel engaged in such work shall be fully qualified and shall be authorized
and permitted under applicable State and local law to perform such tasks and
services.
4.6 City Cooperation. City shall provide Contracting Party with any
publications, reports, statistics, records, or other data or information pertinent
to the Services to be performed hereunder which are reasonably available to
Contracting Party only from or through action by City.
5. INSURANCE.
5.1 Insurance. Prior to the beginning of any Services under this
Agreement and throughout the duration of the term of this Agreement,
Contracting Party shall procure and maintain, at its sole cost and expense,
and submit concurrently with its execution of this Agreement, evidencing the
policies of insurance as set forth required in “Exhibit E” (the “Insurance
Requirements”) which is incorporated herein by this reference and expressly
made a part hereof.
5.2 Proof of Insurance. Contracting Party shall provide Certificate of
Insurance to Agency along with all required endorsements. Certificate of
Insurance and endorsements must be approved by Agency’s Risk Manager
prior to commencement of performance.
6. INDEMNIFICATION.
6.1 Indemnification. To the fullest extent permitted by law,
Contracting Party shall indemnify, protect, defend (with counsel selected by
City), and hold harmless City and any and all of its officers, employees,
agents, and volunteers as set forth in “Exhibit F” (“Indemnification”) which is
incorporated herein by this reference and expressly made a part hereof.
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7. RECORDS AND REPORTS.
7.1 Reports. Contracting Party shall periodically prepare and submit
to the Contract Officer, or assigned designee, such reports concerning
Contracting Party’s performance of the Services required by this Agreement
as the Contract Officer, or assigned designee, shall require. Contracting Party
hereby acknowledges that City is greatly concerned about the cost of the
Services to be performed pursuant to this Agreement. For this reason,
Contracting Party agrees that if Contracting Party becomes aware of any facts,
circumstances, techniques, or events that may or will materially increase or
decrease the cost of the Services contemplated herein or, if Contracting Party
is providing design services, the cost of the project being designed,
Contracting Party shall promptly notify the Contract Officer, or assigned
designee, of said fact, circumstance, technique, or event and the estimated
increased or decreased cost related thereto and, if Contracting Party is
providing design services, the estimated increased or decreased cost estimate
for the project being designed.
7.2 Records. Contracting Party shall keep, and require any
subcontractors to keep, such ledgers, books of accounts, invoices, vouchers,
canceled checks, reports (including but not limited to payroll reports), studies,
or other documents relating to the disbursements charged to City and the
Services performed hereunder (the “Books and Records”), as shall be
necessary to perform the Services required by this Agreement and enable the
Contract Officer, or assigned designee, to evaluate the performance of such
Services. Any and all such Books and Records shall be maintained in
accordance with generally accepted accounting principles and shall be
complete and detailed. The Contract Officer, or assigned designee, the FEMA
Administrator, the Comptroller General of the United States, or any of
their authorized representatives 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
Books and Records. Such Books and Records shall be maintained for a period
of three (3) years following completion of the Services hereunder, and City, the
FEMA Administrator, the Comptroller General of the United States, or any of
their authorized representatives shall have access to such Books and Records
in the event any audit is required. In the event of dissolution of Contracting
Party’s business, custody of the Books and Records may be given to City, and
access shall be provided by Contracting Party’s successor in interest. Under
California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00),
this Agreement shall be subject to the examination and audit of the State
Auditor, at the request of City or as part
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of any audit of City, for a period of three (3) years after final payment under
this Agreement.
In compliance with the Disaster Recovery Act of 2018, the City and the
Contracting Party acknowledge and agree that no language in this Contract is
intended to prohibit audits or internal reviews by the FEMA Administrator or
the Comptroller General of the United States.
7.3 Ownership of Documents. All drawings, specifications, maps,
designs, photographs, studies, surveys, data, notes, computer files, reports,
records, documents, and other materials plans, drawings, estimates, test
data, survey results, models, renderings, and other documents or works of
authorship fixed in any tangible medium of expression, including but not
limited to, physical drawings, digital renderings, or data stored digitally,
magnetically, or in any other medium prepared or caused to be prepared by
Contracting Party, its employees, subcontractors, and agents in the
performance of this Agreement (the “Documents and Materials”) shall be the
property of City and shall be delivered to City upon request of the Contract
Officer, or assigned designee, or upon the expiration or termination of this
Agreement, and Contracting Party 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 and
Materials for other projects and/or use of uncompleted documents without
specific written authorization by Contracting Party will be at City’s sole risk
and without liability to Contracting Party, and Contracting Party’s guarantee
and warranties shall not extend to such use, revise, or assignment.
Contracting Party may retain copies of such Documents and Materials for its
own use. Contracting Party shall have an unrestricted right to use the concepts
embodied therein. All subcontractors shall provide for assignment to City of
any Documents and Materials prepared by them, and in the event Contracting
Party fails to secure such assignment, Contracting Party shall indemnify City
for all damages resulting therefrom.
7.4 In the event City or any person, firm, or corporation authorized
by City reuses said Documents and Materials without written verification or
adaptation by Contracting Party for the specific purpose intended and causes
to be made or makes any changes or alterations in said Documents and
Materials, City hereby releases, discharges, and exonerates Contracting Party
from liability resulting from said change. The provisions of this clause shall
survive the termination or expiration of this Agreement and shall thereafter
remain in full force and effect.
7.5 Licensing of Intellectual Property. This Agreement creates a non-
exclusive and perpetual license for City to copy, use, modify, reuse, or
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sublicense any and all copyrights, designs, rights of reproduction, and other
intellectual property embodied in the Documents and Materials. Contracting
Party shall require all subcontractors, if any, to agree in writing that City is
granted a non-exclusive and perpetual license for the Documents and
Materials the subcontractor prepares under this Agreement. Contracting Party
represents and warrants that Contracting Party has the legal right to license
any and all of the Documents and Materials. Contracting Party makes no such
representation and warranty in regard to the Documents and Materials which
were prepared by design professionals other than Contracting Party or
provided to Contracting Party by City. City shall not be limited in any way in
its use of the Documents and Materials at any time, provided that any such
use not within the purposes intended by this Agreement shall be at City’s sole
risk.
7.6 Release of Documents. The Documents and Materials shall not be
released publicly without the prior written approval of the Contract Officer, or
assigned designee, or as required by law. Contracting Party shall not disclose
to any other entity or person any information regarding the activities of City,
except as required by law or as authorized by City.
7.7 Confidential or Personal Identifying Information. Contracting Party
covenants that all City data, data lists, trade secrets, documents with personal
identifying information, documents that are not public records, draft
documents, discussion notes, or other information, if any, developed or
received by Contracting Party or provided for performance of this Agreement
are deemed confidential and shall not be disclosed by Contracting Party to any
person or entity without prior written authorization by City or unless required
by law. City shall grant authorization for disclosure if required by any lawful
administrative or legal proceeding, court order, or similar directive with the
force of law. All City data, data lists, trade secrets, documents with personal
identifying information, documents that are not public records, draft
documents, discussions, or other information shall be returned to City upon
the termination or expiration of this Agreement. Contracting Party’s covenant
under this section shall survive the termination or expiration of this
Agreement. Notwithstanding, Contracting Party shall be entitled to retain an
archival copy of any such information it deems reasonably necessary for its
complete project record. Any such retained information shall be held per the
terms of this Agreement, including confidentiality requirements.
8. ENFORCEMENT OF AGREEMENT.
8.1 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 Riverside, State of California, or any
other appropriate court in such county, and Contracting Party covenants and
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agrees to submit to the personal jurisdiction of such court in the event of such
action.
8.2 Disputes. In the event of any dispute arising under this
Agreement, the injured party shall notify the injuring party in writing of its
contentions by submitting a claim therefore. The injured party shall continue
performing its obligations hereunder so long as the injuring party commences
to cure such default within ten (10) days of service of such notice and
completes the cure of such default within forty-five (45) days after service of
the notice, or such longer period as may be permitted by the Contract Officer,
or assigned designee; provided that if the default is an immediate danger to
the health, safety, or general welfare, City may take such immediate action
as City deems warranted. Compliance with the provisions of this Section shall
be a condition precedent to termination of this Agreement for cause and to
any legal action, and such compliance shall not be a waiver of any party’s right
to take legal action in the event that the dispute is not cured, provided that
nothing herein shall limit City’s right to terminate this Agreement without
cause pursuant to this Article 8.0. During the period of time that Contracting
Party is in default, City shall hold all invoices and shall, when the default is
cured, proceed with payment on the invoices. In the alternative, City may, in
its sole discretion, elect to pay some or all of the outstanding invoices during
any period of default.
8.3 Retention of Funds. City may withhold, upon written notice to
Contracting Party, from any monies payable to Contracting Party sufficient
funds to compensate City for any losses, costs, liabilities, or damages it
reasonably believes were suffered by City due to the default of Contracting
Party in the performance of the Services required by this Agreement.
8.4 Waiver. No delay or omission in the exercise of any right or
remedy of a non-defaulting party on any default shall impair such right or
remedy or be construed as a waiver. City’s consent or approval of any act by
Contracting Party requiring City’s consent or approval shall not be deemed to
waive or render unnecessary City’s consent to or approval of any subsequent
act of Contracting Party. 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.
8.5 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.
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8.6 Legal Action. In addition to any other rights or remedies, either
party may take legal action, at law or at 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.
8.7 Termination Prior To Expiration of Term. This Section shall govern
any termination of this Agreement, except as specifically provided in the
following Section for termination for cause. City reserves the right to terminate
this Agreement at any time, with or without cause, upon thirty
(30) days’ written notice to Contracting Party. Upon receipt of any notice of
termination, Contracting Party shall immediately cease all Services hereunder
except such as may be specifically approved by the Contract Officer, or
assigned designee. Contracting Party shall be entitled to compensation for all
Services rendered prior to receipt of the notice of termination and for any
Services authorized by the Contract Officer, or assigned designee, thereafter
in accordance with the Schedule of Compensation or such as may be approved
by the Contract Officer, or assigned designee, except amounts held as a
retention pursuant to this Agreement.
8.8 Termination for Default of Contracting Party. If termination is due
to the failure of Contracting Party to fulfill its obligations under this Agreement,
Contracting Party shall vacate any City-owned property which Contracting
Party is permitted to occupy hereunder and City may, after compliance with
the provisions of Section 8.2, take over the Services and prosecute the same
to completion by contract or otherwise, and Contracting Party shall be liable
to the extent that the total cost for completion of the Services required
hereunder exceeds the compensation herein stipulated (provided that City
shall use reasonable efforts to mitigate such damages), and City may withhold
any payments to Contracting Party for the purpose of setoff or partial payment
of the amounts owed City.
8.9 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 attorneys’ fees; provided,
however, that the attorneys’ fees awarded pursuant to this Section shall not
exceed the hourly rate paid by City for legal services multiplied by the
reasonable number of hours spent by the prevailing party in the conduct of
the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal, and
in addition a party entitled to attorneys’ 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
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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. The court may set such fees in the same
action or in a separate action brought for that purpose.
9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
9.1 Non-liability of City Officers and Employees. No officer, official,
employee, agent, representative, or volunteer of City shall be personally liable
to Contracting Party, or any successor in interest, in the event or any default
or breach by City or for any amount which may become due to Contracting
Party or to its successor, or for breach of any obligation of the terms of this
Agreement.
9.2 Conflict of Interest. Contracting Party covenants that neither it,
nor any officer or principal of it, 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 Contracting Party’s performance of the
Services under this Agreement. Contracting Party 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, or assigned designee.
Contracting Party 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 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 this Agreement which effects his financial interest or
the financial interest of any corporation, partnership or association in which he
is, directly or indirectly, interested, in violation of any State statute or
regulation. Contracting Party 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.
9.3 Covenant against Discrimination. Contracting Party 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 any
impermissible classification including, but not limited to, race, color, creed,
religion, sex, marital status, sexual orientation, national origin, or ancestry in
the performance of this Agreement. Contracting Party 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,
marital status, sexual orientation, national origin, or ancestry.
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10. MISCELLANEOUS PROVISIONS.
10.1 Notice. Any notice, demand, request, consent, approval, or
communication either party desires or is required to give the other party or
any other person shall be in writing and either served personally or sent by
prepaid, first-class mail to the address set forth below. Either party may
change its address by notifying the other party of the change of address in
writing. Notice shall be deemed communicated forty-eight (48) hours from the
time of mailing if mailed as provided in this Section.
To City:
CITY OF LA QUINTA
Attention: Karla Romero
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:
Golder Associates Inc.
Lynn Collins
7245 W. Alaska Dr.
Suite 200
Lakewood, CO 80226
10.2 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.
10.3 Section Headings and Subheadings. The section headings and
subheadings contained in this Agreement are included for convenience only
and shall not limit or otherwise affect the terms of this Agreement.
10.4 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
10.5 Integrated Agreement. This Agreement including the exhibits
hereto is the entire, complete, and exclusive expression of the understanding
of the parties. It is understood that th ere 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.
10.6 Amendment. No amendment to or modification of this Agreement
shall be valid unless made in writing and approved by Contracting Party and
by the City Council of City. The parties agree that this requirement for written
modifications cannot be waived and that any attempted waiver shall be void.
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10.7 Severability. In the event that any one or more of the articles,
phrases, sentences, clauses, paragraphs, or sections contained in this
Agreement shall be declared invalid or unenforceable, such invalidity or
unenforceability shall not affect any of the remaining articles, 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.
10.8 Unfair Business Practices Claims. In entering into this Agreement,
Contracting Party offers and agrees to assign to City all rights, title, and
interest in and to all causes of action it may have under Section 4 of the
Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2,
(commencing with Section 16700) of Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, services, or materials
related to this Agreement. This assignment shall be made and become
effective at the time City renders final payment to Contracting Party without
further acknowledgment of the parties.
10.9 No Third-Party Beneficiaries. With the exception of the specific
provisions set forth in this Agreement, there are no intended third-party
beneficiaries under this Agreement and no such other third parties shall have
any rights or obligations hereunder.
10.10 Equal Employment Opportunity. During the performance of this
contract, the Contracting Party agrees as follows:
(a) The Contracting Party will not discriminate against any
employee or applicant for employment because of race, color, religion,
sex, sexual orientation, gender identity, or national origin. The
Contracting Party 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 Contracting Party agrees to post in
conspicuous places, available to employees and applicants for
employment, notices to be provided setting forth the provisions of
this nondiscrimination clause.
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(b) The Contracting Party will, in all solicitations or
advertisements for employees placed by or on behalf of the Contracting
Party, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
(c) The Contracting Party 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 Contracting Party’s legal duty to furnish information.
(d) The Contracting Party 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
advising the said labor union or workers' representatives of the
Contracting Party’s commitments under this section, and shall post
copies of the notice in conspicuous places available to employees and
applicants for employment.
(e) The Contracting Party will comply with all provisions of
Executive Order 11246 of September 24, 1965, and of the rules,
regulations, and relevant orders of the Secretary of Labor.
(f) The Contracting Party will furnish all information and reports
required by Executive Order 11246 of September 24, 1965, and by
rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by
the administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and
orders.
(g) In the event of the Contracting Party’s noncompliance with
the nondiscrimination clauses of this contract or with any of the said
rules, regulations, or orders, this contract may be canceled, terminated,
or suspended in whole or in part and the Contracting Party may be
declared ineligible for further Government contracts or federally assisted
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construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, or by rule, regulation,
or order of the Secretary of Labor, or as otherwise provided by law.
(h) The Contracting Party will include the portion of the
sentence immediately preceding paragraph (a) and the provisions of
paragraphs (a) through (h) 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 11246 of
September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The Contracting Party will take such action with
respect to any subcontract or purchase order as the administering
agency may direct as a means of enforcing such provisions, including
sanctions for noncompliance:
Provided, however, that in the event a Contracting Party becomes
involved in, or is threatened with, litigation with a subcontractor
or vendor as a result of such direction by the administering
agency, the Contracting Party may request the United States to
enter into such litigation to protect the interests of the United
States.
The applicant further agrees that it will be bound by the above
equal opportunity clause with respect to its own employment
practices when it participates in federally assisted construction
work: Provided, That if the applicant so participating is a State or
local government, the above equal opportunity clause is not
applicable to any agency, instrumentality or subdivision of such
government which does not participate in work on or under the
contract.
The applicant agrees that it will assist and cooperate actively with
the administering agency and the Secretary of Labor in obtaining
the compliance of contractors and subcontractors with the equal
opportunity clause and the rules, regulations, and relevant orders
of the Secretary of Labor, that it will furnish the administering
agency and the Secretary of Labor such information as they may
require for the supervision of such compliance, and that it will
otherwise assist the administering agency in the discharge of the
agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into
any contract or contract modification subject to Executive Order
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Act.
11246 of September 24, 1965, with a contractor debarred from,
or who has not demonstrated eligibility for, Government contracts
and federally assisted construction contracts pursuant to the
Executive Order and will carry out such sanctions and penalties
for violation of the equal opportunity clause as may be imposed
upon contractors and subcontractors by the administering agency
or the Secretary of Labor pursuant to Part II, Subpart D of the
Executive Order. In addition, the applicant agrees that if it fails or
refuses to comply with these undertakings, the administering
agency may take any or all of the following actions: Cancel,
terminate, or suspend in whole or in part this grant (contract,
loan, insurance, guarantee); refrain from extending any further
assistance to the applicant under the program with respect to
which the failure or refund occurred until satisfactory assurance of
future compliance has been received from such applicant; and
refer the case to the Department of Justice for appropriate legal
proceedings.
10.11 Compliance with the Contract Work Hours and Safety Standards
Overtime requirements. No Contracting Party or subcontractor
contracting for any part of the contract work which may require or involve the
employment of laborers or mechanics shall require or permit any such laborer
or mechanic in any workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such laborer or
mechanic receives compensation at a rate not less than one and one-half
times the basic rate of pay for all hours worked in excess of forty hours in
such workweek.
Violation; liability for unpaid wages; liquidated damages. In the event
of any violation of the clause set forth in paragraph (1) of this section the
Contracting Party and any subcontractor responsible therefor shall be liable
for the unpaid wages. In addition, such Contracting Party and subcontractor
shall be liable to the United States (in the case of work done under contract
for the District of Columbia or a territory, to such District or to such territory),
for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in paragraph (1) of this
section, in the sum of $27 for each calendar day on which such individual was
required or permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the clause set forth
in paragraph (1) of this section.
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Withholding for unpaid wages and liquidated damages. The City shall
upon its own action or upon written request of an authorized representative
of the Department of Labor withhold or cause to be withheld, from any moneys
payable on account of work performed by the Contracting Party or
subcontractor under any such contract or any other Federal contract with the
same Contracting Party, or any other federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined to be necessary to satisfy
any liabilities of such Contracting Party or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph (2) of this
section.
Subcontracts. The Contracting Party or subcontractor shall insert in any
subcontracts the clauses set forth in paragraph (1) through (4) of this section
and also a clause requiring the subcontractors to include these clauses in any
lower tier subcontracts. The Contracting Party shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses
set forth in paragraphs (1) through (4) of this section.
10.12 Clean Air Act. The Contracting Party agrees to comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air
Act, as amended, 42 U.S.C. § 7401 et seq.
The Contracting Party agrees to report each violation to the City and
understands and agrees that the City will, in turn, report each violation as
required to assure notification to the Federal Emergency Management Agency,
and the appropriate Environmental Protection Agency Regional Office.
The Contracting Party agrees to include these requirements in each
subcontract exceeding $150,000 financed in whole or in part with Federal
assistance provided by FEMA.
10.13 Federal Water Pollution Control Act. The Contracting Party agrees
to comply with all applicable standards, orders, or regulations issued pursuant
to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et
seq.
The Contracting Party agrees to report each violation to the City and
understands and agrees that the City will, in turn, report each violation as
required to assure notification to the Federal Emergency Management Agency,
and the appropriate Environmental Protection Agency Regional Office.
The Contracting Party agrees to include these requirements in each
subcontract exceeding $150,000 financed in whole or in part with Federal
assistance provided by FEMA.
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10.14 Suspension and Debarment. This contract is a covered transaction
for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the Contracting
Party is required to verify that none of the Contracting Party’s principals
(defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905)
are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2
C.F.R. § 180.935).
The Contracting Party must comply with 2 C.F.R. pt. 180, subpart C and
2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with
these regulations in any lower tier covered transaction it enters into.
This certification is a material representation of fact relied upon by the
City. If it is later determined that the contractor did not comply with 2 C.F.R.
pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies
available to City, the Federal Government may pursue available remedies,
including but not limited to suspension and/or debarment.
The Contracting Party agrees to comply with the requirements of 2
C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is
valid and throughout the period of any contract that may arise from this offer.
The Contracting Party further agrees to include a provision requiring such
compliance in its lower tier covered transactions.
10.15 Procurement of Recovered Materials. In the performance of this
contract, the Contracting Party shall make maximum use of products
containing recovered materials that are EPA-designated items unless the
product cannot be acquired:
(a) Competitively within a timeframe providing for compliance
with the contract performance schedule;
(b) Meeting contract performance requirements; or
(c) At a reasonable price.
Information about this requirement, along with the list of EPA-
designated items, is available at EPA’s Comprehensive Procurement
Guidelines website, https://www.epa.gov/smm/comprehensive-
procurement-guideline-cpg-program.
The Contracting Party also agrees to comply with all other applicable
requirements of Section 6002 of the Solid Waste Disposal Act.
10.16 DHS Seal, Logo, and Flags. The Contracting Party shall not use
the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS
agency officials without specific FEMA pre-approval.
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10.17 Compliance with Federal Law, Regulations, and Executive Orders.
This is an acknowledgement that FEMA financial assistance will be used to
fund all or a portion of the contract. The Contracting Party will comply with all
applicable Federal law, regulations, executive orders, FEMA policies,
procedures, and directives.
10.18 No Obligation by Federal Government. The Federal Government is
not a party to this Contract and is not subject to any obligations or liabilities to
the non-Federal entity, contractor, or any other party pertaining to any matter
resulting from the Contract.
10.19 Program Fraud and False or Fraudulent Statements or Related
Acts. The Contracting Party acknowledges that 31 U.S.C. Chap. 38
“Administrative Remedies for False Claims and Statements” applies to the
Contracting Party’s actions pertaining to this Contract.
10.20 Authority. The persons executing this Agreement on behalf of each
of the parties hereto represent and 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]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of
the dates stated below.
CITY OF LA QUINTA,
a California Municipal Corporation
JON McMILLEN, City Manager
City of La Quinta, California
Dated:
CONTRACTING PARTY:
By:
Name:
Title:
ATTEST: By:
Name:
Title:
MONIKA RADEVA, City Clerk
La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
NOTE: (1) TWO SIGNATURES ARE REQUIRED IF A CORPORATION’S BYLAWS,
ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS
APPLICABLE STATE THAT TWO SIGNATURES ARE REQUIRED ON CONTRACTS,
AGREEMENTS, AMENDMENTS, CHANGE ORDERS, ETC.
Exhibit A
Page 1 of 3 Last revised summer 2017
Exhibit A
Scope of Services
1. Services to be Provided:
City of La Quinta Finance department shall obtain and review all activity logs
from City employees to determine if COVID-19 work was completed. Activity
logs determined to have work associated with COVID-19 shall be sent to the
Consultant along with the employee’s payroll log for the pay period.
The Consultant shall contact the employee or a designated department
personnel representative directly to obtain additional information necessary to
justify and document the work related to COVID-19.
Consultant services may include the following:
Work with City staff to compile a comprehensive list of disaster related
repairs, damage mitigation efforts, possible improvements and collect
and compile cost documentation.
Ensure all eligible costs/damages have been identified and reported to
insurance, FEMA and Cal OES in an appropriate and timely manner.
Provide quality assurance and quality control support and general
eligibility guidance for all State and federal grant programs.
Coordinate and manage deliverables with insurance, FEMA, and CAL
OES.
Assist the City in insurance claim preparation, coordination and advice
through insurance adjustment process.
Assist the City during Applicant’s Briefings with FEMA and the State,
assisting with relationship development, requesting additional
programmatic details and clarifications that will assist the City during
the grant process.
Collaborate with the City on project formulation, including damage
assessments (field team assessment of damages including a
comprehensive list of damaged structures, contents, etc.); Information
gathering (photo-document damages, gather records, drawings,
insurance policies, historical photos/videos, etc.); project development
(define both small and large projects’ scope, size, and damages,
including cost estimating, that will be the basis of each Project
Worksheet); project submittals (draft and submit small and large
project public works to CAL OES/FEMA).
Additional documentation and tracking may include but is not limited to:
FEMA ICS-214 Activity Log Form (Attachment 3)
Gathering and labeling of pictures provided by Staff
Interviewing employees
Exhibit A
Page 2 of 3
Estimating the value of donations
Documenting and tracking donations
o The City currently has donated the following items related to
COVID-19 (additional donations may occur)
Face shields produced by the City
Food donations
Childcare facility
Face masks
Tracking overtime and regular payroll hours worked in response to
COVID-19
o City Staff shall provide timesheets (payroll staff will be available
as needed by the Consultant)
o City’s financial software is tracking remote work hours and Federal
IRS guidelines for COVID-19
Tracking of volunteer hours. The City has or intends to use the following
volunteers to respond to COVID-19.
o Finance Advisory Commission
o Citizens on Patrol
o Community Emergency Response Team
o Short-term Vacation Rental Ad Hoc Committee
o Planning Commission
o Wellness Center Volunteers
o Housing Commission
o Community Services Commission
Meetings with City Staff, FEMA and/or CalOES representatives as
needed
Submitting documentation to FEMA and Cal/OES along with updating
the FEMA Grants Portal as needed.
o The City will add consultant as an alternative contact on the
FEMA Grant Portal and provide login access.
2. Performance Standards:
a. The consultant shall primarily work remotely (City offices are currently
closed to the public, including consultants). Under COVID-19
regulations issued by the State and City shelter in place orders shall
be abided by until otherwise notified.
b. The consultant shall furnish their own computer, phone, have remote
access to a secure electronic deposit repository for documentation
tracking.
Exhibit A
Page 3 of 3
c. In addition, the Consultant shall be well versed and have the ability to
use Zoom and Microsoft Teams for meetings.
d. The consultant will be expected to communicate with City staff via
email, by phone, with Zoom and Teams, or by mail when necessary.
e. The Consultant shall provide a written report each Monday by close of
business summarizing the work completed in the prior week (Monday –
Sunday).
f. In addition, ongoing scheduled meetings using Zoom will be conducted
as needed to update the Consultant on operational changes.
Exhibit B
Page 1 of 1
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for
in Section 2.3 of this Agreement, the maximum total compensation to be paid
to Contracting Party under this Agreement is not to exceed Two Hundred
Thousand Dollars ($ 200,000.00) for the life of the Agreement, (the “Contract
Sum”), except as provided in Section 1.7. The Contract Sum shall be paid to
Contracting Party in installment payments made on a monthly basis and in an
amount identified in Contracting Party’s schedule of compensation attached
hereto for the work tasks performed and properly invoiced by Contracting
Party in conformance with Section 2.2 of this Agreement.
Exhibit C
Page 1 of 1
Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of
Services, Exhibit A of this Agreement.
The Consultant shall provide a written report each Monday by close of business
summarizing the work completed in the prior week (Monday – Sunday).
In addition, ongoing scheduled meetings using Zoom will be conducted as
needed to update the Consultant on operational changes.
Exhibit D
Page 1 of 1
Exhibit D
Special Requirements
1. The consultant shall primarily work remotely (City offices are currently
closed to the public, including consultants). Under COVID-19 regulations
issued by the State and City shelter in place orders shall be abided by until
otherwise notified.
2. The consultant shall furnish their own computer, phone, have remote access
to a secure electronic deposit repository for documentation tracking.
Exhibit E
Page 7 of 7
Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of
this Agreement, the following policies shall be maintained and kept in full force
and effect providing insurance with minimum limits as indicated below and
issued by insurers with A.M. Best ratings of no less than A-VI:
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Personal Auto Declaration Page if applicable
Errors and Omissions Liability
$1,000,000 (per claim and annual aggregate)
Workers’ Compensation
(per statutory requirements)
Must include the following endorsements:
Workers Compensation with Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable
Cyber Liability
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Contracting Party shall procure and maintain, at its cost, and submit
evidence of such concurrently with its execution of this Agreement,
Commercial General Liability insurance against all claims for injuries against
persons or damages to property resulting from Contracting Party’s negligent
acts or omissions rising out of or related to Contracting Party’s performance
under this Agreement. The insurance policy shall contain a severability of
interest clause providing that the coverage shall be primary for losses arising
out of Contracting Party’s performance hereunder but only as it relate to
Contracting Party’s negligent performance under this Agreement and neither
City nor its insurers shall be required to contribute to any such loss. An
endorsement evidencing the foregoing and naming including the City and its
officers and employees as additional insured (on the Commercial General
Liability policy only) must be submitted concurrently with the execution of this
Exhibit E
Page 8 of 7
Agreement and approved by City prior to commencement of the services
hereunder.
Contracting Party shall carry automobile liability insurance of
$1,000,000 per accident against all claims for injuries against persons or
damages to property arising out of the use of any automobile by Contracting
Party, its officers, any person directly or indirectly employed by Contracting
Party, any subcontractor or agent, or anyone for whose acts any of them may
be liable, arising directly or indirectly out of or related to Contracting Party’s
performance under this Agreement. If Contracting Party or Contracting Party’s
employees will use personal autos in any way on this project, Contracting
Party shall provide evidence of personal auto liability coverage for each such
person. The term “automobile” includes, but is not limited to, a land motor
vehicle, trailer or semi-trailer designed for travel on public roads. The
automobile insurance policy shall contain a severability of interest clause
providing that coverage shall be primary for losses arising out of Contracting
Party’s performance hereunder and neither City nor its insurers shall be
required to contribute to such loss.
Professional Liability or Errors and Omissions Insurance as
appropriate shall be written on a policy form coverage specifically designed to
protect against the negligent acts, errors or omissions of the Contracting Party
and “Covered Professional Services” as designated in the policy must
specifically includes work performed under this agreement. The policy limit
shall be no less than $1,000,000 per claim and in the annual aggregate. The
policy must “pay on behalf of” the insured and must include a provision
establishing the insurer’s duty to defend. The policy retroactive date shall be
on or before the effective date of this agreement.
Contracting Party shall carry Workers’ Compensation Insurance in
accordance with State Worker’s Compensation laws with employer’s liability
limits no less than $1,000,000 per accident or disease.
Contracting Party shall procure and maintain Cyber Liability
insurance with limits of $1,000,000 per occurrence/loss and $2,000,000
aggregate which shall include the following coverage:
a. Liability arising from the theft, dissemination and/or use of
confidential or personally identifiable information; including
credit monitoring and regulatory fines arising from such theft,
dissemination or use of the confidential information.
b. Network security liability arising from the unauthorized use of,
access to, or tampering with computer systems.
Exhibit E
Page 9 of 7
c. Liability arising from the failure of technology products
(software) required under the contract for Consultant to
properly perform the services intended.
d. Electronic Media Liability arising from personal injury, plagiarism
or misappropriation of ideas, domain name infringement or
improper deep-linking or framing, and infringement or violation
of intellectual property rights.
e. Liability arising from the failure to render professional services.
If coverage is maintained on a claims-made basis, Contracting Party shall
maintain such coverage for an additional period of three (3) years following
termination of the contract.
Contracting Party shall provide written notice to City within ten
(10) working days if: (1) any of the required insurance policies is terminated;
(2) the limits of any of the required polices are reduced; or (3) the deductible
or self-insured retention is increased. In the event any of said policies of
insurance are cancelled, Contracting Party shall, prior to the cancellation date,
submit new evidence of insurance in conformance with this Exhibit to the
Contract Officer. The procuring of such insurance or the delivery of policies or
certificates evidencing the same shall not be construed as a limitation of
Contracting Party’s obligation to indemnify City, its officers, or employees,
contractors, subcontractors, or agents.
E.2 Remedies. In addition to any other remedies City may have if
Contracting Party fails to provide or maintain any insurance policies or policy
endorsements to the extent and within the time herein required, City may, at
its sole option:
a. Obtain, after prior written notice to Contracting Party, such
insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under this Agreement.
b. Order Contracting Party to stop work under this Agreement
and/or withhold any payment(s) which become due to Contracting Party
hereunder until Contracting Party demonstrates compliance with the
requirements hereof.
c. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to
any other remedies City may have. The above remedies are not the exclusive
remedies for Contracting Party’s failure to maintain or secure appropriate
Exhibit E
Page 10 of
policies or endorsements. Nothing herein contained shall be construed as
limiting in any way the extent to which Contracting Party may be held
responsible for payments of damages to persons or property resulting from
Contracting Party’s or its subcontractors’ performance of work under this
Agreement.
E.3 General Conditions Pertaining to Provisions of Insurance Coverage
by Contracting Party. Contracting Party and City agree to the following with
respect to insurance provided by Contracting Party:
1. Contracting Party agrees to have its insurer endorse the third
party commercial general liability coverage required herein to include as
additional insureds City, its officials, and employees, and agents, using
standard ISO endorsement No. CG 2010 with an edition prior to 1992 or
reasonable equivalent. Contracting Party also agrees to require all contractors,
and subcontractors to do likewise.
2. No liability insurance coverage, except Professional Liability,
provided to comply with this Agreement shall prohibit Contracting Party, or
Contracting Party’s employees, or agents, from waiving the right of
subrogation prior to a loss. Except as it relates to Professional Liability
coverage, Contracting Party agrees to waive subrogation rights against City
regardless of the applicability of any insurance proceeds, and to require all
contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contracting Party
and available or applicable to this Agreement are intended to apply to the full
extent of the policies. Nothing contained in this Agreement or any other
agreement relating to City or its operations limits the application of such
insurance coverage.
4. 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.
5. No liability policy shall contain any provision or definition that
would serve to eliminate so-called “third party action over” claims, including
any exclusion for bodily injury to an employee of the insured or of any
contractor or subcontractor.
6. All coverage types and limits required are subject to approval,
modification and additional requirements by the City, as the need arises.
Contracting Party shall not make any reductions in scope of coverage (e.g.
elimination of contractual liability or reduction of discovery period) that may
affect City’s protection without City’s prior written consent.
Exhibit E
Page 11 of
7. Proof of compliance with these insurance requirements, consisting
of certificates of insurance evidencing all the coverages required and an
additional insured endorsement to Contracting Party’s general liability policy,
shall be delivered to City at or prior to the execution of this Agreement. In the
event such proof of any insurance is not delivered as required, or in the event
such insurance is canceled at any time and no replacement coverage is
provided, City has the right, but not the duty, to obtain any insurance it deems
necessary to protect its interests under this or any other agreement and to
pay the premium. Any premium so paid by City shall be charged to and
promptly paid by Contracting Party or deducted from sums due Contracting
Party, at City option.
8. It is acknowledged by the parties of this agreement that all
insurance coverage required to be provided by Contracting Party or any
subcontractor, is intended to apply first and on a primary, non-contributing
basis in relation to any other insurance or self-insurance available to City but
only as it relates to Contracting Party’s negligent performance under this
Agreement.
9. Contracting Party agrees to ensure require that subcontractors,
and any other party involved with the project that is brought onto or involved
in the project by Contracting Party, provide the same minimum insurance
coverage required of Contracting Party. Contracting Party agrees to monitor
and review all such coverage and assumes all responsibility for ensuring
requiring that such coverage is provided in conformity with the requirements
of this section. Contracting Party agrees that upon request, all agreements
with subcontractors and others engaged in the project will be submitted to City
for review.
10. Contracting Party agrees not to self-insure or to use any self-
insured retentions or deductibles on any portion of the insurance required
herein (with the exception of professional liability coverage, if required) and
further agrees that it will not allow any contractor, subcontractor, Architect,
Engineer or other entity or person in any way involved in the performance of
work on the project contemplated by this agreement to self-insure its
obligations to City. If Contracting Party’s existing coverage includes a
deductible or self-insured retention, the deductible or self-insured retention
must be declared to the Cityis and will remain solely the obligation of
Contracting Party. At that time the City shall review options with the
Contracting Party, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
11. The City reserves the right at any time during the term of this
Agreement to change the amounts and types of insurance required by giving
the Contracting Party ninety (90) days advance written notice of such change.
Exhibit E
Page 12 of
If such change results in substantial additional cost to the Contracting Party,
the City will negotiate additional compensation proportional to the increased
benefit to City. It is agreed that any changes to the coverage requirements
will be agreed to in writing by the parties.
12. For purposes of applying insurance coverage only, this Agreement
will be deemed to have been executed immediately upon any party hereto
taking any steps that can be deemed to be in furtherance of or towards
performance of this Agreement.
13. Contracting Party acknowledges and agrees that any actual or
alleged failure on the part of City to inform Contracting Party of non-
compliance with any insurance requirement in no way imposes any additional
obligations on City nor does it waive any rights hereunder in this or any other
regard.
14. Contracting Party will renew the required coverage annually as
long as City, or its employees or agents face an exposure from operations of
any type pursuant to this agreement. This obligation applies whether the
agreement is canceled or terminated for any reason. Termination of this
obligation is not effective until City executes a written statement to that effect.
15. Contracting Party shall provide proof that policies of insurance
required herein expiring during the term of this Agreement have been renewed
or replaced with other policies providing at least the same coverage. Proof
that such coverage has been ordered shall be submitted prior to expiration. A
coverage binder or letter from Contracting Party’s insurance agent to this
effect is acceptable. A certificate of insurance and an additional insured
endorsement is required in these specifications applicable to the renewing or
new coverage must be provided to City within five (5) days of the expiration
of coverages.
16. The provisions of any workers’ compensation or similar act will not
limit the obligations of Contracting Party under this agreement. Contracting
Party expressly agrees not to use any statutory immunity defenses under such
laws with respect to City, its employees, officials, and agents.
17. Requirements of specific coverage features, or limits contained in
this section are not intended as limitations on coverage, limits or other
requirements nor as a waiver of any coverage normally provided by any given
policy. 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 limiting or all-inclusive.
18. These insurance requirements are intended to be separate and
distinct from any other provision in this Agreement and are intended by the
Exhibit E
Page 13 of
parties here to be interpreted as such.
19. The requirements in this Exhibit supersede all other sections and
provisions of this Agreement to the extent that any other section or provision
conflicts with or impairs the provisions of this Exhibit.
20. Contracting Party agrees to be responsible for ensuring that no
contract used by any party involved in any way with the project reserves the
right to charge City or Contracting Party for the cost of additional insurance
coverage required by this agreement. Any such provisions are to be deleted
with reference to City. It is not the intent of City to reimburse any third party
for the cost of complying with these requirements. There shall be no recourse
against City for payment of premiums or other amounts with respect thereto.
21. Contracting Party agrees to provide immediate notice to City of
any claim or loss against Contracting Party arising out of the work performed
under this agreement. City assumes no obligation or liability by such notice,
but has the right (but not the duty) to monitor the handling of any such claim
or claims if they are likely to involve City.
Exhibit F
Page 1 of 3
Exhibit F
Indemnification
F.1 Indemnity for the Benefit of City.
a. Indemnification for Professional Liability. When the law
establishes a professional standard of care for Contracting Party’s Services, to
the fullest extent permitted by law, Contracting Party shall indemnify, protect,
defend (with counsel selected by City), and hold harmless City and any and
all of its officials, and employees, and agents (“Indemnified Parties”) from and
against any and all claims, losses, liabilities of every kind, nature, and
description, damages, injury (including, without limitation, injury to or death
of an employee of Contracting Party or of any subcontractor), costs and
expenses of any kind, whether actual, alleged or threatened, including,
without limitation, incidental and consequential damages, reasonable court
costs, attorneys’ fees, litigation expenses, and fees of expert consultants or
expert witnesses incurred in connection therewith and costs of investigation,
to the extent same are caused in whole or in part by any negligent or wrongful
act, error or omission or intentional misconduct of Contracting Party, its
officers, agents, employees or subcontractors (or any entity or individual that
Contracting Party shall bear the legal liability thereof) in the performance of
professional services under this aAgreement. With respect to the design of
public improvements, the Contracting Party shall not be liable for any injuries
or property damage resulting from the reuse of the design at a location other
than that specified in Exhibit A without the written consent of the Contracting
Party.
b. Indemnification for Other Than Professional Liability. Other than
in the performance of professional services and to the full extent permitted by
law, Contracting Party shall indemnify, defend (with counsel selected by City),
and hold harmless the Indemnified Parties from and against any liability
(including liability for claims, suits, actions, arbitration proceedings,
administrative proceedings, regulatory proceedings, losses, expenses or costs
of any kind, whether actual, alleged or threatened, including, without
limitation, incidental and consequential damages, and reasonable court costs,
attorneys’ fees, litigation expenses, and fees of expert consultants or expert
witnesses) incurred in connection therewith and costs of investigation, where
the same arise out of, are a consequence of, or are in any way attributable to,
in whole or in part, to the extent caused by the performance of this Agreement
by Contracting Party or by any individual or entity for which Contracting Party
is legally liable, including but not limited to officers, agents, employees, or
subcontractors of Contracting Party.
c. Indemnity Provisions for Contracts Related to Construction
(Limitation on Indemnity). Without affecting the rights of City under any
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provision of this agreement, Contracting Party shall not be required to
indemnify and hold harmless City for liability attributable to the active
negligence of City, provided such active negligence is determined by
agreement between the parties or by the findings of a court of competent
jurisdiction. In instances where City is shown to have been actively negligent
and where City’s active negligence accounts for only a percentage of the
liability involved, the obligation of Contracting Party will be for that entire
portion or percentage of liability not attributable to the active negligence of
City.
d. Indemnification Provision for Design Professionals.
1. Applicability of this Section F.1(d). Notwithstanding
Section F.1(a) hereinabove, the following indemnification provision shall apply
to a Contracting Party who constitutes a “design professional” as the term is
defined in paragraph 3 below.
2. Scope of Indemnification. When the law establishes a
professional standard of care for Contracting Party’s Services, to the fullest
extent permitted by law, Contracting Party shall indemnify and hold harmless
City and any and all of its officials, and employees, and agents (“Indemnified
Parties”) from and against any and all losses, liabilities of every kind, nature,
and description, damages, injury (including, without limitation, injury to or
death of an employee of Contracting Party or of any subcontractor), costs and
expenses, including, without limitation, incidental and consequential
damages, reasonable court costs, reimbursement of attorneys’ fees, litigation
expenses, and fees of expert consultants or expert witnesses incurred in
connection therewith and costs of investigation, to the extent same are caused
by any negligent or wrongful act, error or omission or intentional misconduct
of Contracting Party, its officers, agents, employees or subcontractors (or any
entity or individual that Contracting Party shall bear the legal liability thereof)
in the performance of professional services under this aAgreement. With
respect to the design of public improvements, the Contracting Party shall not
be liable for any injuries or property damage resulting from the reuse of the
design at a location other than that specified in Exhibit A without the written
consent of the Contracting Party.
3. Design Professional Defined. As used in this Section
F.1(d), the term “design professional” shall be limited to licensed architects,
registered professional engineers, licensed professional land surveyors and
landscape architects, all as defined under current law, and as may be amended
from time to time by Civil Code § 2782.8.
e. Neither party shall be responsible to the other for lost
revenues, lost profits, cost of capital, claims of customers, loss of data or
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any other special, indirect, consequential or punitive damages.
F.2 Obligation to Secure Indemnification Provisions. Contracting
Party agrees to obtain executed indemnity agreements with provisions
identical to those set forth herein this Exhibit F, as applicable to the Contracting Party,
from each and every subcontractor or any other person or entity involved by, for,
with or on behalf of Contracting Party in the performance of this Agreement. In the
event Contracting Party fails to obtain such indemnity obligations from others as
required herein, Contracting Party agrees to be fully responsible according to the
terms of this Exhibit. Failure of City to monitor compliance with these requirements
imposes no additional obligations on City and will in no way act as a waiver of any
rights hereunder. This obligation to indemnify and defend City as set forth in this
Agreement are binding on the successors, assigns or heirs of Contracting Party and
shall survive the termination of this Agreement.
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