2024-25 Dychelon LLC - Workplace Violence Assessment & Training (SB553)MEMORANDUM
DATE: November 25, 2024
TO: Carla Triplett, HR Deputy Director
FROM: Lisa Chaudhry, HR Technician
Cv 0"&V
CALIFORNIA -
RE: Dychelon, LLC - SB553 Workplace Violence Prevention assessment and training
Please list the Contracting Party / Vendor Name, any change orders or amendments, and the type of services to be provided. Make
sure to list any related Project No. and Project Name.
Authority to execute this agreement is based upon:
❑ Approved by City Council on
❑ City Manager's signing authority provided under the City's Purchasing & Contracting Policy
[Resolution No. 2023-008] for budget expenditures of $50,000 or less.
❑ City Manager's signing authority provided under the City's Personnel Policy Section 3.2 for
temporary employment positions.
❑✓ Department Director's or Manager's signing authority provided under the City's Purchasing Policy
[Resolution No. 2023-008] for budget expenditures of $15,000 and $5,000, respectively, or less.
Procurement Method (one must aoDl
❑ Bid ❑ RFP ❑ RFQ ❑✓ 3 written informal bids
❑ Sole Source ❑ Select Source ❑ Cooperative Procurement
Requesting department shall check and attach the items below as appropriate:
❑ Agreement payment will be charged to Account No.: _504-1010-60103
❑ Agreement term: Start Date 12/18/2024
❑ Amount of Agreement, Amendment, Change Order, etc
End Date 06/30/2025
$12,750 (NTE)
REMINDER: Signing authorities listed above are applicable on the aggreciate Agreement amount, not individual
Amendments or Change Orders!
NOTE:
Insurance certificates as required by the Agreement for Risk Manager approval
Approved by: Oscar Mojica Date: 12/2/2024
Bonds (originais) as required by the Agreement (Performance, Payment, etc.)
Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s)
Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form 700 is required pursuant
FPPC regulation 18701(2)
Business License No. LIC-0772785-2024 Expires: 12/31 /2025
Requisition for a Purchase Order has been prepared (Agreements over $5,000)
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GEM of the DESERT
CITY OF LA QUINTA
SHORT -FORM SERVICES AGREEMENT
($25,000 OR LESS)
1. PARTIES AND DATE. This Agreement is made and entered into this 30 day of November, 2024,
("Effective Date") by and between the City of La Quinta, a Municipal Corporation and Charter City
organized under the Constitution and laws of the State of California with its principal place of business at
78495 Calle Tampico, La Quinta, CA ("City") and Dychelon LLC., a California Limited Liability Corporation
with its principal place of business at 14062 Woodlawn Avenue, Tustin, CA 92780 ("Vendor"). City and
Vendor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.
2. TERMS AND CONDITIONS. The Parties shall comply with the terms and conditions in the attached
Exhibit "A."
3. SCOPE AND SCHEDULE OF SERVICES. Vendor shall provide to City the services pursuant to the
date(s) and schedule(s) described in accordance with the schedule set forth in Exhibit "B."
4. TERM. The term of this Agreement shall be from December 18, 2024, to June 30, 2025, unless
earlier terminated as set forth in the attached Terms and Conditions. This Agreement may be extended for
six (6) additional months upon mutual agreement by both parties ("Extended Term") and executed in
writing.
5. COMPENSATION. Vendor shall receive compensation for services rendered under this Agreement
at the rates and schedule set forth in the attached Exhibit "C" but in no event shall Vendor's compensation
exceed Twelve Thousand Seven Hundred Fifty Dollars ($12,750) per fiscal year (July 1 to June 30) without
written amendment.
6. FORCE MAJEURE. The time period specified 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 Vendor 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 Vendor shall within ten (10)
days of the commencement of such delay notify the City in writing of the causes of the delay. The City
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 theirjudgment such delay is justified, and the City's determination
shall be final and conclusive upon the parties to this Agreement. Extensions to time periods for
performance of services, which are determined by the City to be justified pursuant to this Section, shall not
entitle the Vendor to additional compensation unless City expressly agrees to an increase in writing.
7. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed
to be an original, and such counterparts shall constitute one and the same instrument.
8. INSURANCE. In accordance with Section 4 of Exhibit "A," Vendor shall, at its expense, procure and
maintain for the duration of the Agreement such insurance policies as checked below and provide proof of
such insurance policies to the City. Vendor shall obtain policy endorsements on Commercial General
Liability insurance that name Additional Insureds as follows: The City of La Quinta, its officers,
officials, employees and agents.
Commercial General Liability Insurance:
® $1,000,000 per occurrence/$2,000,000 aggregate OR
❑ $2,000,000 per occurrence/$4,000,000 aggregate
® Additional Insured Endorsement naming City of La Quinta
ED Primary and Non -Contributory Endorsement
Automobile Liability:
® $1,000,000 combined single limit for bodily injury and property damage
❑ Auto Liability Additional Insured
Workers' Compensation:
❑ Statutory Limits / Employer's Liability $1,000,000 per accident or disease
❑ Workers' Compensation Endorsement with Waiver of Subrogation
® Workers' Compensation Declaration of Exemption
Professional Liability (Errors and Omissions):
® Errors and Omissions liability insurance with a limit of not less than $1,000,000 per claim
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the
day and year first above written.
CITY OF LA QUINTA
a California Municipal Corporation,
and Charter City
+
Required for over $15,000:
JON MCMILLEN
City Manager
ATTEST:
MONIKA*RADILVAerk
City of Laa
APPROVED AS TO FORM:
WILLIAM H. IH KE, City Attorney
City of La Quinta, California
DYCHELON, LLC.
a California Limited Liability Corporation
AL R T COBOS
Manager
EXHIBIT "A"
TERMS AND CONDITIONS
1. Compensation. Vendor shall be paid on a time and
materials or lump sum basis, as may be set forth in
Exhibit "C", within 30 days of completion of the Work
and approval by the City.
2. Compliance with Law. Vendor shall comply with all
applicable laws and regulations of the federal, state
and local government. Vendor shall assist the City, as
requested, in obtaining and maintaining all permits
required of Vendor by Federal, State and local
regulatory agencies. Vendor is responsible for all costs
of clean up and/or removal of hazardous and toxic
substances spilled as a result of his or her Work. In
explanation of the forgoing and not by way of limitation,
Vendor shall comply with any Federal, State, and local
laws, regulations, orders, and guidelines related to the
work provided by the Vendor during the COVID-19
state of emergency declared by the Governor of
California and City of La Quints. Such Federal, State,
and local laws, regulations, orders, and guidelines
include but are not limited to: Executive Orders from
the Governor of California and orders and guidance
issued from the California Department of Public Health
(DPH); Orders from the Riverside County Public Health
Officer; and Emergency Resolutions and Executive
Orders from the City Council and City Manager,
respectively, for the City of La Quints.
3. Standard of Care. The Vendor shall perform the
Work in accordance with generally accepted
professional practices and principles and in a manner
consistent with the level of care and skill ordinarily
exercised by members of the profession practicing
under similar conditions.
4. Insurance. The Vendor shall take out and maintain,
during the performance of all work under this
Agreement: A. Commercial General Liability Insurance
in the amounts specified in Section 8 of the Agreement
for bodily injury, personal injury and property damage,
at least as broad as Insurance Services Office
Commercial General Liability coverage (Occurrence
Form CG 0001), and if no amount is selected in Section
8 of the Agreement, the amounts shall be $1,000,000
per occurrence/$2,000,000 aggregate; B. Automobile
Liability Insurance for bodily injury and property
damage including coverage for owned, non -owned and
hired vehicles, of at least $1,000,000 per accident for
bodily injury and property damage, at least as broad as
Insurance Services Office Form Number CA 0001 (ad.
6/92) covering automobile liability, Code 1 (any auto);
C. Workers' Compensation in compliance with
applicable statutory requirements and Employer's
Liability Coverage of at least $1,000,000 per accident
or disease. Vendor shall also submit to City a waiver of
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subrogation endorsement in favor of city, and D.
Professional Liability (Errors and Omissions) coverage,
if checked in section 6 of the Agreement, with a limit
not less than $1,000,000 per claim and which shall be
endorsed to include contractual liability. Insurance
carriers shall be authorized by the Department of
Insurance, State of California, to do business in
California and maintain an agent for process within the
state. Such insurance carrier shall have not less than
an "A"; "Class VII" according to the latest Best Key
Rating unless otherwise approved by the City.
5. Indemnification. The Vendor shall indemnify and
hold harmless the City, its Council, members of the
Council, agents and employees of the City, against any
and all claims, liabilities, (including liability related to
exposure to communicable diseases, illnesses, or
viruses), expenses or damages, including responsible
attorneys' fees, for injury or death of any person, or
damage to property, or interference with use of
property, or any claim of the Vendor or subcontractor
for wages or benefits which arise in connection with the
performance of this Agreement, except to the extent
caused or resulting from the active negligence or willful
misconduct of the City, its Council, members of the
Council, agents and employees of the City. The
foregoing indemnity includes, but is not limited to, the
cost of prosecuting or defending such action with legal
counsel acceptable to the City and the City's attorneys'
fees incurred in such an action.
6. Laws and Venue. This Agreement shall be
interpreted in accordance with the laws of the State of
California. If any action is brought to interpret or
enforce any term of this Agreement, the action shall be
brought in a state orfederal court situated in the County
of Riverside, State of California.
7. Termination. The City may terminate the services
procured under this Agreement by giving 10 calendar
days written notice to Vendor. In such event, the City
shall be immediately given title and possession to any
original field notes, drawings and specifications, written
reports and other documents produced or developed
for the services. The City shall pay Vendor the
reasonable value of services completed prior to
termination. The City shall not be liable for any costs
other than the charges or portions thereof which are
specified herein. Vendor shall not be entitled to
payment for unperformed services, and shall not be
entitled to damages or compensation for termination of
work. Vendor may terminate its obligation to provide
services under this Agreement upon 30 calendar days'
written notice to the City only In the event of City's
failure to perform in accordance with the terms of this
Agreement through no fault of Vendor.
S. Agreement Terms. Nothing herein shall be
construed to give any rights or benefits to anyone other
than the City and the Vendor. The unenforceability,
invalidity or illegality of any provision(s) of this
Agreement shall not render the other provisions
unenforceable, invalid or illegal. Notice may be given
or delivered by depositing the same in any United
States Post Office, certified mail, return receipt
requested, postage prepaid, addressed to the parties
to the addresses set forth in the Agreement. Vendor
shall not assign, sublet, or transfer this Agreement or
any rights under or interest in this Agreement without
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the written consent of the City, which may be withheld
for any reason. Vendor is retained as an independent
contractor and is not an employee of the City. No
employee or agent of Vendor shall become an
employee of the City. The individuals signing this
Agreement represent that they have the authority to
sign on behalf of the parties and bind the parties to this
Agreement. This is an integrated Agreement
representing the entire understanding of the parties as
to those matters contained herein, and supersedes and
cancels any prior oral or written understanding or
representations with respect to matters covered
hereunder. This Agreement may not be modified or
altered except in writing signed by both parties hereto.
EXHIBIT'B"
SCOPE AND SCHEDULE OF SERVICES
It is understood and agreed that during the term of this Agreement, the Vendor is and shall remain
an independent contractor and, as such will provide the following services to the City.
REGULAR SERVICES
Conduct a physical security site inspection of the City's facilities (listed below) on
December 18, 2024:
• City Hall, 78495 Calle Tampico
• Wellness Center, 78450 Avenida La Fonda
• Public Works Yard, 78109 Avenue 52
2. Produce a comprehensive Security Site Assessment (SSA) Report containing:
• Key concerns relating to SB 553
• Training options/recommendations
• SB 553 log requirements for workplace violence incidents
• Workplace violence definitions
• Reporting incidents or information regarding potential incidents
• Investigative procedures and follow-up
• Workplace Violence Investigative Guide
• Workplace Violence Incident Report Form
The Vendor will provide the City with a written draft report for review within 45 days of the
Vendor completing the physical security site inspection. After the City has reviewed and
approved the final draft, the Vendor will provide the final report.
3. Author a Workplace Violence Prevention Plan based on the City's SSA and SB 553
Provisions. The document shall include strategies for each department identified in the
City's structure.
4. Provide in -person CJPIA trainings tailored to focus on Workplace Violence Prevention and
integrate security assessment findings.
5. Upon execution of this Agreement, the Vendor will provide the City with a letter of initiation.
ADDITIONAL SERVICES
6. Create customized training courses based on the City's Workplace Violence Prevention
Plan if CJPIA course(s) is unsuitable.
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EXHIBIT "C"
COMPENSATION FOR SERVICES
The maximum total compensation to be paid to Vendor under this Agreement for "Regular
Services" is Seven Thousand Seven Hundred Fifty Dollars ($7,750.00) payable from one lump -
sum payment upon execution of the contract.
Service/Date
Rate
Fee
Security Site Inspection — 12/18/2024:
1 full day: $2,750.00
$2,750.00
• City Hall
• Wellness Center
• Public Works Yard
SSA Report & Training Recommendation
Flat Fee: $2,500.00
$2,500.00
Workplace Violence Prevention Plan
Flat Fee: $2,600.00
$2,500.00
CJPIA courses related to workplace
No cost
0.00
violence
Total
$7,750.00
Services under Paragraph 6 of Exhibit 'B" ("Additional Services") will be payable at the rates
below for City -authorized work notwithstanding the Vendor Services $7,750.00 cap but subject to
a cap not to exceed $12,750.00 per term of the Agreement without supplemental City
authorization.
Customized Training Courses
Rate
Half day
$1,500.00
Full day
$2,500.00
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