The Boys & Girls Clubs of Greater Redlands-Riverside-2019-20 2019-20
AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF GRAND TERRACE
and
THE BOYS & GIRLS CLUBS OF GREATER REDLANDS-RIVERSIDE
01247.0001/553343.4 5/31/2019
AGREEMENT FOR CONTRACT SERVICES
BY AND BETWEEN THE CITY OF GRAND TERRACE AND
THE BOYS & GIRLS CLUBS OF GREATER REDLANDS-RIVERSIDE
This"AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF
GRAND TERRACE AND THE BOYS & GIRLS CLUBS OF GREATER REDLANDS -
RIVERSIDE"(herein"Agreement")is made and entered into this I I day of June, 2019 by and
between the City of Grand Terrace, a California municipal corporation ("City") and The Boys &
Girls Clubs of Greater Redlands-Riverside, a California nonprofit corporation("Consultant"). City
and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter
collectively referred to as the "Parties."
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the
performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the
services defined and described particularly in Article 1 of this Agreement,was selected by the City
to perform those services..
C. Pursuant to the City of Grand Terrace Municipal Code, City has authority to enter
into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of those
services defined and described particularly in Article 1 of this Agreement and desire that the terms of
that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW,THEREFORE,in consideration of the mutual promises and covenants made by the
Parties and contained herein and other consideration, the value and adequacy of which are hereby
acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement,the Consultant shall provide
those services specified in the"Scope of Services"attached hereto as Exhibit"A"and incorporated
herein by this reference,which may be referred to herein as the"services"or"work"hereunder. As
a material inducement to the City entering into this Agreement,Consultant represents and warrants
that it has the qualifications, experience, and facilities necessary to properly perform the services
required under this Agreement in a thorough, competent, and professional manner, and is
experienced in performing the work and services contemplated herein. Consultant shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all services
described herein. Consultant covenants that it shall follow the highest professional standards in
performing the work and services required hereunder and that all materials will be both of good
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quality as well as fit for the purpose intended. For purposes of this Agreement,the phrase"highest
professional standards"shall mean those standards of practice recognized by one or more first-class
firms performing similar work under similar circumstances.
1.2 Consultant's Proposal.
The Scope of Service shall include the Consultant's scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement,the terms of this Agreement
shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in
accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses,permits and approvals as
may be required by law for the performance of the services required by this Agreement. Consultant
shall have the sole obligation to pay for any fees, assessments and taxes,plus applicable penalties
and interest, which may be imposed by law and arise from or are necessary for the Consultant's
performance of the services required by this Agreement, and shall indemnify, defend and hold
harmless City, its officers, employees or agents of City, against any,such fees, assessments,taxes,
penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed,(ii)has carefully considered how
the services should be performed,and(iii)fully understands the facilities,difficulties and restrictions
attending performance of the services under this Agreement. Ifthe services involve work upon any
site, Consultant warrants that Consultant has or will investigate the site and is or will be fully
acquainted with the conditions there existing,prior to commencement of services hereunder. Should
the Consultant discover any latent or unknown conditions, which will materially affect the
performance of the services hereunder, Consultant shall immediately inform the City of such fact
and shall not proceed except at Consultant's risk-until written instructions are received from the
Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish
continuous protection to the work, and the equipment,materials,papers,documents,plans, studies
and/or other components thereof to prevent losses or damages,and shall be responsible for all such
damages,to persons or property,until acceptance of the work by City,except such losses or damages
as may be caused by City's own negligence.
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1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations
under this Agreement. Both parties agree to act in good faith to execute all instruments,prepare all
documents and take all actions as may be reasonably necessary to carry out the purposes of this
Agreement. Unless hereafter specified,neither party shall be responsible for the service of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or
make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in(i)the Contract Sum for the actual costs of the extra work,
and/or (ii) the time to-perform this Agreement, which said adjustments are subject to the written
approval of the Consultant. Any increase in compensation of up to ten percent(10%)of the Contract
Sum or$25,000,whichever is less; or,in the time to perform of up to one hundred eighty(180)days,
may be approved by the Contract Officer. Any greater increases, taken either separately or
cumulatively,must be approved by the City Council. It is expressly understood by Consultant that
the provisions of this Section shall not apply to services specifically set forth in the Scope of
Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided
pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates
and that Consultant shall not be entitled to additional compensation therefor. City may in its sole
and absolute discretion have similar work done by other consultants. No claims for an increase in
the Contract Sum or time for performance shall be valid unless the procedures established in this
Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement,if any,which are made a part hereof are
set forth in the"Special Requirements" attached hereto as Exhibit`B" and incorporated herein by
this reference. In the event of a conflict between the provisions of Exhibit `B" and any other
provisions of this Agreement, the provisions of Exhibit`B" shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and
incorporated herein by this reference. The total compensation,including reimbursement for actual
expenses,shall not exceed Twenty Five Thousand One Hundred Ninety Eight Dollars($25,198)(the
"Contract Sum"), unless additional compensation is approved pursuant to Section 1.8.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services, less
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contract retention;(iii)payment for time and materials based upon the Consultant's rates as specified
in the Schedule of Compensation,provided that(a)time estimates are provided for the performance
of sub tasks, (b)contract retention is maintained, and(c)the Contract Sum is not exceeded; or(iv)
such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance,or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,and
only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of
Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the
performance of the work with City is a critical component of the services. If Consultant is required
to attend additional meetings to facilitate such coordination,Consultant shall not be entitled to any
additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and
expenses incurred during the preceding month in a form approved by City's Director of Finance. By
submitting an invoice for payment under this Agreement, Consultant is certifying compliance with
all provisions of the Agreement. The invoice shall detail charges for all necessary and actual
expenses by the following categories:labor(by sub-category),travel,materials,equipment,supplies,
and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories.
Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant which
are disputed by City,or as provided in Section 7.3,City will use its best efforts to cause Consultant
to be paid within forty-five (45) days of receipt of Consultant's correct and undisputed invoice;
however, Consultant acknowledges and agrees that due to City warrant run procedures, the City
cannot guarantee that payment will occur within this time period. In the event any charges or
expenses are disputed by City, the original invoice shall be returned by City to Consultant for
correction and resubmission. Review and payment by City for any invoice provided by the
Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable
law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed
to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
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3.2 - Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written
notice to proceed and shall perform all services within the time period(s) established in the
"Schedule of Performance"attached hereto as Exhibit"D"and incorporated herein by this reference.
When requested by the Consultant, extensions to the time period(s) specified in the Schedule of
Performance may be approved in writing by the Contract Officer but not exceeding one hundred
eighty(180) days cumulatively.
3.3 Force Mai eure.
The time period(s)specified in the Schedule of Performance for performance of the services
rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable
causes beyond the control and without the fault or negligence of the Consultant,including,but not
restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes,
floods, epidemics, quarantine restrictions,riots, strikes, freight embargoes, wars, litigation, and/or
acts of any governmental agency,including the City, if the Consultant shall within ten(10)days of
the commencement of such delay notify the Contract Officer in writing of the causes of the delay.
The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for
performing the services for the.period of the enforced delay when and if in the judgment of the
Contract Officer such delay is justified. The Contract Officer's determination shall be final and
conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover
damages against the City for any delay in the performance of this Agreement, however caused,
Consultant's sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding one(1)years
from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit"D").
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant ("Principals") are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the work
specified herein and make all decisions in connection therewith:
(Name) (Title)
(Name) (Title)
(Name) (Title)
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,
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the foregoing principals shall be responsible during the term of this Agreement for directing all
activities of Consultant and devoting sufficient time to personally supervise the services hereunder.
All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive
direction and control of the Principals. For purposes of this Agreement, the foregoing Principals
may not be replaced nor may their responsibilities be substantially reduced by Consultant without
the express written approval of City. Additionally,Consultant shall utilize only competent personnel
to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to
maintain the stability and continuity of Consultant's staff and subcontractors, if any, assigned to
perform the services required under this Agreement. Consultant shall notify City of any changes in
Consultant's staff and subcontractors, if any, assigned to perform the services required under this
Agreement,prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or any
of Consultant's officers, employees, or agents are in any manner officials, officers, employees or
agents of City. Neither Consultant, nor any of Consultant's officers, employees or agents, shall
obtain any rights to retirement, health care or any other benefits which may otherwise accrue to
City's employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the City Manager or such person as may be designated by the
City Manager. It shall be the Consultant's responsibility to assure that the Contract Officer is kept
informed of the progress of the performance of the services and the Consultant shall refer any
decisions which must be made by City to the Contract Officer. Unless otherwise specified herein,
any approval of City required hereunder shall mean the approval of the Contract Officer. The
Contract Officer shall have authority, if specified in writing by the City Manager, to sign all
documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner,mode or
means by which Consultant,its agents or employees,perform the services required herein,except as
otherwise set forth herein. City shall have no voice in the selection,discharge,supervision or control
of Consultant's employees, servants, representatives or agents, or in fixing their number,
compensation or hours of service. Consultant shall perform all services required herein as an
independent contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role. Consultant shall not at any
time or in any manner represent that it or any of its agents or employees are agents or employees of
City. City shall not in any way or for any purpose become or be deemed to be a partner of
Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with
Consultant.
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4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,
without the prior written approval of City. Transfers restricted hereunder shall include the transfer to
any person or group of persons acting in concert of more than twenty five percent (25%) of the
present ownership and/or control of Consultant, taking all transfers into account on a cumulative
basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this
Agreement shall be void. No approved transfer shall release the Consultant or any surety of
Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Consultant shall procure and maintain,at its sole cost and expense,in a form and content
satisfactory to City, during the entire term of this Agreement including any extension thereof,the
following policies of insurance which shall cover all elected and appointed officers,employees and
agents of City:
(a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A
policy of comprehensive general liability insurance written on a per occurrence basis for bodily
injury,personal injury and property damage. The policy of insurance shall be in an amount not less
than$1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate
limit shall be twice the occurrence limit.
(b) Worker's Compensation Insurance. A policy of worker's compensation
insurance in such amount as will fully comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or
damage arising from any injuries or occupational diseases occurring to any worker employed by or
any persons retained by the Consultant in the course of carrying out the work or services
contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including "any auto" and
endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance
written on a per occurrence for bodily injury and property damage in an amount not less than
$1,000,000. Said policy shall include coverage for owned, non-owned, leased,hired cars and any
automobile.
(d) Professional Liability. Professional liability insurance appropriate to the
Consultant's profession. This coverage may be written on a"claims made"basis,and must include
coverage for contractual liability. The professional liability insurance required by this Agreement
must be endorsed to be applicable to claims based upon, arising out of or related to services
performed under this Agreement. The insurance must be maintained for at least 5 consecutive years
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following the completion of Consultant's services or the termination of this Agreement. During this
additional 5-year period, Consultant shall annually and upon request of the City submit written
evidence of this continuous coverage.
(e) Subcontractors. Consultant shall include all subcontractors as insureds under
its policies or shall furnish separate certificates and certified endorsements for each subcontractor.
All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance,as may be required in
the Special Requirements in Exhibit`B".
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City,its
elected and appointed officers, employees and agents as additional insureds and any insurance
maintained by City or its officers, employees or agents may apply in excess of, and not contribute
with Consultant's insurance. The insurer is deemed hereof to waive all rights of subrogation and
contribution it may have against the City, its officers, employees and agents and their respective
insurers. Moreover, the insurance policy must specify that where the primary insured does not
satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or
cancelled by the insurer or any party hereto without providing thirty(30)days prior written notice by
certified mail return receipt requested to the City. In the event any of said policies of insurance are
cancelled,the Consultant shall,prior to the cancellation date, submit new evidence of insurance in
conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Consultant has provided
the City with Certificates of Insurance, additional insured endorsement forms or appropriate
insurance binders evidencing the above insurance coverages and said Certificates of Insurance or
binders are approved by the City. City reserves the right to inspect complete,certified copies of and
endorsements to all required insurance policies at any time. Any failure to comply with the reporting
or other provisions of the policies including breaches or warranties shall not affect coverage
provided to City.
All certificates shall name the City as additional insured (providing the appropriate
endorsement) and shall conform to the following"cancellation" notice-
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATED THEREOF,
THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY
ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[to be initialed]
Consultant Initials
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City,its respective elected and appointed officers,directors,officials, employees,agents and
volunteers are to be covered as additional insureds as respects: liability arising out of activities
Consultant performs;products and completed operations of Consultant;premises owned,occupied
or used by Consultant; or any automobiles owned; leased, hired or borrowed by Consultant. The
coverage shall contain no special limitations on the scope of protection afforded to City, and their
respective elected and appointed officers,officials,employees or volunteers. Consultant's insurance
shall apply separately to each insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At the
option of City,either the insurer shall reduce or eliminate such deductibles or self-insured retentions
as respects City or its respective elected or appointed officers,officials,employees and volunteers or
the Consultant shall procure a bond guaranteeing payment of losses and related investigations,claim
administration,defense expenses and claims. The Consultant agrees that the requirement to provide
insurance shall not be construed as limiting in any way the extent to which the Consultant may be
held responsible for the payment of damages to any persons or property resulting from the
Consultant's activities or the activities of any person or persons for which the Consultant is
otherwise responsible nor shall it limit the Consultant's indemnification liabilities as provided in
Section 5.3.
In the event the Consultant subcontracts anyportion of the work in compliance with Section
4.5 of this Agreement,the contract between the Consultant and such subcontractor shall require the
subcontractor to maintain the same policies of insurance that the Consultant is required to maintain
pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold
harmless the City,its officers, employees and agents("Indemnified Parties")against,and will hold
and save them and each of them harmless from, any and all actions, either judicial, administrative,
arbitration or regulatory claims,damages to persons or property,losses,costs,penalties,obligations,
errors,omissions or liabilities whether actual or threatened(herein"claims or liabilities")that may
be asserted or claimed by any person,firm or entity arising out of or in connection with the negligent
performance of the work, operations or activities provided herein of Consultant, its officers,
employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is
legally liable ("indemnitors"), or arising from Consultant's or indemnitors' reckless or willful
misconduct, or arising from Consultant's or indemnitors' negligent performance of or failure to
perform any term,provision,covenant or condition of this Agreement,and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of
said claims or liabilities and will pay all costs and expenses,including legal costs and attorney's fees
incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection with
the negligent performance of or failure to perform such work,operations or activities of Consultant
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hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees
harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any
action or proceeding filed or prosecuted against Consultant for such damages or other claims arising
out of or in connection with the negligent performance of or failure to perform the work,operation
or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or
employees,any and all costs and expenses incurred by the City,its officers,agents or employees in
such action or proceeding, including but not limited to, legal costs and attorney's fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it
fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore,and failure
of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission,or reckless or willful misconduct of Consultant in the performance ofprofessional services
hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of
City's sole negligence or willful acts or omissions,but,to the fullest extent permitted by law, shall
apply to claims and liabilities resulting in part from City's negligence, except that design
professionals' indemnity hereunder shall be limited to claims and liabilities arising out of the
negligence,recklessness-or willful misconduct of the design professional. The indemnity obligation
shall be binding on successors and assigns of Consultant and shall survive termination of this
Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies
qualified to do business in California, rated"A"or better in the most recent edition of Best Rating
Guide,The Key Rating Guide or in the Federal Register,and only if they are of a financial category
Class VII or better, unless such requirements are waived by the Risk Manager of the City ("Risk
Manager")due to unique circumstances. If this Agreement continues for more than 3 years duration,
or in the event the risk manager determines that the work or services to be performed under this
Agreement creates an increased or decreased risk of loss to the City,the Consultant agrees that the
minimum limits of the insurance policies may be changed accordingly upon receipt of written notice
from the Risk Manager.
ARTICLE 6. RECORDS, REPORTS,AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers,books of accounts,
invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder(the"books and records"),as shall
be necessary to perform the services required by this Agreement and enable the Contract Officer to
evaluate the performance of such services. Any and all such documents shall be maintained in
accordance with generally accepted accounting principles and shall be complete and detailed. The
Contract Officer shall have full and free access to such books and records at all times during normal
business hours of City, including the right to inspect, copy, audit and make records and transcripts
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from such records. Such records shall be maintained for a period of three (3) years following
completion of the services hereunder,and the City shall have access to such records in the event any
audit is required. In the event of dissolution of Consultant's business, custody of the books and
records may be given to City, and access shall be provided by Consultant's successor in interest.
Notwithstanding the above,the Consultant shall fully cooperate with the City in providing access to
the books and records if a public records request is made and disclosure is required by law including
but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer shall
require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work
and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if
Consultant becomes aware of any facts, circumstances, techniques, or events that may or will
materially increase or decrease the cost of the work or services contemplated herein or,if Consultant
is providing design services,the cost of the proj ect being designed,Consultant shall promptly notify
the Contract Officer of said fact, circumstance, technique or event and the estimated increased or
decreased cost related thereto and,if Consultant is providing design services,the estimated increased
or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the "documents and materials"),
including any electronic documents and materials, prepared by Consultant, its employees,
subcontractors and agents in the performance of this Agreement shall be the property of City and
shall be delivered to City in a format of the City's choice upon request of the Contract Officer or
upon the termination of this Agreement,and Consultant shall have no claim for further employment
or additional compensation as a result of the exercise by City of its full rights of ownership use,
reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of
such completed documents for other projects and/or use of uncompleted documents without specific
written authorization by the Consultant will be at the City's sole risk and without liability to
Consultant, and Consultant's guarantee and warranties shall not extend to such use, reuse or
assignment. Consultant may retain copies of such documents for its own use. Consultant shall have
the right to use the concepts embodied therein. All subcontractors shall provide for assignment to
City of any documents or materials prepared by them, and in the event Consultant fails to secure
such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover,
Consultant with respect to any documents and materials that may qualify as "works made for hire"
as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed"works made for
hire"for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential,unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
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information or work product to persons or entities other than City without prior written authorization
from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the Contract Officer or unless requested by the City
Attorney,voluntarily provide documents,declarations,letters of support,testimony at depositions,
response to interrogatories or other information concerning the work performed under this
Agreement. Response to a subpoena or court order shall not be considered "voluntary"provided
Consultant gives City notice of such court order or subpoena.
(c) If Consultant,or any officer,employee,agent or subcontractor of Consultant,
provides any information or work product in violation of this Agreement,then City shall have the
right to reimbursement and indemnity from Consultant for any damages, costs and fees, including
attorney's fees, caused by or incurred as a result of Consultant's conduct.
(d) Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition,request for documents,interrogatories,request for admissions or other discovery request,
court order or subpoena from any party regarding this Agreement and the work performed there
under. City retains the right, but has no obligation, to represent Consultant or be present at any
deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to
provide City with the opportunity to review any response to discovery requests provided by
Consultant. However, this right to review any such response does not imply or mean the right by
City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of San Bernardino, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in the County of San
Bernardino, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement,the City shall not
have any obligation or duty to continue compensating Consultant for any work performed after the
date of default: Instead,the City may give notice to Consultant of the default and the reasons for the
default. The notice shall include the timeframe in which Consultant may cure the default. This
timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if
circumstances warrant. During the period of time that Consultant is in default,the City shall hold all
invoices and shall, when the default is cured, proceed with payment on the invoices. In the
alternative,the City may, in its sole discretion, elect to pay some or all of the outstanding invoices
01247.0001/553343.4 5/31/2019
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during the period of default. If Consultant does not cure the default, the City may take necessary
steps to terminate this Agreement under this Article. Any failure on the part of the City to give
notice of the Consultant's default shall not be deemed to result in a waiver of the City's legal rights
or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant(whether
or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute
hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages
suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of
Consultant's acts or omissions in performing or failing to perform Consultant's obligation under this
Agreement. In the event that any claim is made by a third party,the amount or validity of which is
disputed by Consultant,or any indebtedness shall exist which shall appear to be the basis for a claim
of lien, City may withhold from any payment due, without liability for interest because of such
withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to
deduct or to withhold shall not, however, affect the obligations of the Consultant to insure,
indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term,condition,or covenant of this Agreement
shall not constitute a waiver of any other term, condition,or covenant. Waiver by any party of any
breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a
waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by
City of any work or services by Consultant shall not constitute a waiver of any of the provisions of
this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting
party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by
either party of any default must be in writing and shall not be a waiver of any other default
concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement,the rights and remedies of the parties are cumulative and the exercise by either party of
one or more of such rights or remedies shall not preclude the exercise by it,at the same or different
times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity,to cure,correct or remedy any default,to recover damages for any default,to compel specific
performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other
remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision
herein,Consultant shall file a statutory claim pursuant to Government Code Sections 905 et.seq.and
910 et. seq., in order to pursue a legal action under this Agreement.
01247.0001/553343.4 5/31/2019
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7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in
the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon written notice to Consultant. In addition, the
Consultant may terminate this Contract for cause,upon sixty(60) days' advance written notice to
City. Upon receipt of any notice of termination, Consultant shall immediately cease all services
hereunder except such as may be specifically approved by the Contract Officer. Except where the
Consultant has initiated termination,the Consultant shall be entitled to compensation for all services
rendered prior to the effective date of the notice of termination and for any services authorized by the
Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be
approved by the Contract Officer,except as provided in Section 7.3. In the event the Consultant has
initiated termination,the Consultant shall be entitled to compensation only for the reasonable value
of the work product actually produced hereunder. In the event of termination without cause pursuant
to this Section,the terminating party need not provide the non-terminating party with the opportunity
to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this
Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and
prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the
extent that the total cost for completion of the services required hereunder exceeds the compensation
herein stipulated(provided that the City shall use reasonable efforts to mitigate such damages),and
City may withhold any payments to the Consultant for the purpose of set-off or partial payment of
the amounts owed the City as previously stated.
7.9 Attorney's Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action
or proceeding in any way connected with this Agreement, the prevailing party in such action or
proceeding,in addition to any other relief which may be granted,whether legal or equitable,shall be
entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal,
and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for
investigating such action, taking depositions and discovery and all other necessary costs the court
allows which are 'incurred in such litigation. All such fees shall be deemed to have accrued on
commencement of such action and shall be enforceable whether or not such action is prosecuted to
judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability o� f City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any
successor in interest,in the event of any default or breach by the City or for any amount which may
become due to the Consultant or to its successor,or for breach of any obligation of the terms of this
Agreement.
01247.0001/553343.4 5/31/2019
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8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest,directly or indirectly,which would conflict in any manner with the interests of
City or which would in any way hinder Consultant's performance of services under this Agreement.
Consultant further covenants that in the performance of this Agreement,no person having any such
interest shall be employed by it as an officer,employee,agent or subcontractor without the express
written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest
or the appearance of any conflicts of interest with the interests of City in the performance of this
Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them,that there shall be no discrimination against or segregation of,any
person or group of persons on account of race,color,creed,religion,sex,gender,sexual orientation,
marital status, national origin, ancestry or other protected class in the performance of this
Agreement. Consultant shall take affirmative action to insure that applicants are employed and that
employees are treated during employment without regard to their race, color, creed, religion, sex,
gender, sexual orientation,marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions
imposed, together with any and all costs, including attorney's fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand,request, document, consent, approval, or communication either party
desires or is required to give to the other party or any other person shall be in writing and either
served personally or sent by prepaid,first-class mail,in the case of the City,to the City Manager and
to the attention of the Contract Officer (with her/his name and City title), City of Grand Terrace,
22795 Barton Rd, Grand Terrace, CA 92313, and in the case of the Consultant,to the person(s) at
the address designated on the execution page of this Agreement. Either party may change its address
by notifying the other parry of the change of address in writing. Notice shall be deemed
communicated at the time personally delivered or in seventy-two(72)hours from the time of mailing
if mailed as provided in this Section.
0 1247.0001/553343 A 5/31/2019
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9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any
and all previous negotiations, arrangements, agreements and understandings, if any, between the
parties,and none shall be used to interpret this Agreement. No amendment to or modification of this
Agreement shall be valid unless made in writing and approved by the Consultant and by the City
Council. The parties agree that this requirement for written modifications cannot be waived and that
any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences,clauses,paragraphs, or sections
contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree
of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the
remaining phrases, sentences,clauses,paragraphs,or sections of this Agreement which are hereby
declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless
the invalid provision is so material that its invalidity deprives either party of the basic benefit of their
bargain or renders this Agreement meaningless.
9.6 Warranty&Representation of Non-Collusion.
No official, officer,or employee of City has any financial interest, direct or indirect, in this
Agreement,nor shall any official,officer,or employee of City participate in any decision relating to
this Agreement which may affect his/her financial interest or the financial interest of any
corporation, partnership, or association in which (s)he is directly or indirectly interested, or in
violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
"financial interest" shall be consistent with State law and shall not include interests found to be
"remote" or"noninterests"pursuant to Government Code Sections 1091 or 1091.5.
Nor shall any such officer or employee participate in any decision relating to the Agreement
which affects her/his financial interest or the financial interest of any corporation, partnership or
association in which (s)he is, directly or indirectly, interested, in violation of any State statute.or
regulation,including but not limited to the Political Reform Act(Government Code Sections 81000,
et seq.)
01247.0001/553343.4 5/31/2019
-17-
Consultant warrants and represents that it has not paid or given, and will not pay or give,to
any third party including, but not limited to, any City official, officer, or employee, any money,
consideration, or other thing of value as a result or consequence of obtaining or being awarded any
agreement. Consultant further warrants and represents that(s)he/it has not engaged in any act(s),
omission(s), or other conduct or collusion that would result in the payment of any money,
consideration, or other thing of value to any third party including, but not limited to, any City
official, officer, or employee, as a result of consequence of obtaining or being awarded any
agreement. Consultant is aware of and understands that any such act(s), omission(s) or other
conduct resulting in such payment of money, consideration, or other thing of value will render this
Agreement void and of no force or effect.
Consultant's Authorized Initiall��-
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that(i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement,and(iv)the entering into this Agreement does not violate
any provision of any other Agreement to which said party is bound. This Agreement shall be
binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
01247.0001/553343.4 5/31/2019
-18-
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date
and year first-above written.
CITY:
City of Gad Te ace, a municipal corporation
G. Harold ey, Cilgriager
ATTEST:
�0.1 11 t_rl A
ebra Thomas, City Clerk
APPROVED AS TO ORM:
ALESHIRE& R, LLP
Adrian R. Guerra, City Attorney
CONSULTANT:
The Boys & Girls Clubs of Greater Redlands-
Riverside, a California no profit corporation
By: '
Name:
Title:
y /
By: I
Name:
Title:
Address: 1251 Clay Street
Redlands, CA 92374
Two corporate officer signatures required when Consultant is a corporation,with one signature required from
each of the following groups: 1)Chairman of the Board,President or any Vice President;and 2)Secretary,any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES
SHALL BE DULY NOTARIZED,AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY
BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
01247.0001/553343.4 5/31/2019 19
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of AA)
On LL1c ,d)rC /off CPO/g before me, �,E,B, L, T dM.As A A)brAxV Pxhcie
(insert name and title df the officer)
personally appeared A A/LW= 440 _S ,
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
DEBRA L.THOMAS
WITNESS my hand and official seal. Commission#2130209
z v Notary Public-.California D
Z San Bernardino County
My Comm.Expires Nov 10,2019
Signature (Seal) .
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of_ 04) E"Q.a;A),O )
On �JuA.- 1 a ao l 9 before me, b,Ep,/24 L,e �l0/1�1,4 5 A /19D�,�1,G'� rl.�,r�%L'
p (insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
DEBRA L.THOMAS
WITNESS my hand and official seal. Commission#2130209 z •� Notary Public-.California Z z
z San Bernardlno County
My Comm.Ex Ires Nov 10,2019
Signature (Seal)
EXHIBIT "A"
SCOPE OF SERVICES
I. Consultant will perform the following Services:
A. In coordination with the City, Consultant shall implement and operate a swimming
and swimming instruction program beginning on Monday,June 17,2019 and ending
on Friday, July 26, 2019 ("Program"). The Program shall be implemented and
operated pursuant to the Schedule of Performance provided in Exhibit "D" and
provided at the following address:
Grand Terrace High School
21810 Main St.
Grand Terrace, CA 92313 .
Consultant shall coordinate with the City to determine the exact location of the pool
to be utilized pursuant to this Agreement("Pool Site").
B. Program activities at the Pool Site include but are not limited to "Open Swim,"
"Senior &Adult Swim," and "Youth Swim Lessons." Consultant shall coordinate
with City for the purpose of carrying out these activities.
C. Consultant shall provide a supervising life guard, two regular life guards, and two
junior life guards in-training at the Pool Site at all times when the Program is
scheduled to occur pursuant to Exhibit"D."
D. When the Program is scheduled to occur pursuant to Exhibit"D,"Consultant's staff
shall arrive at least 30 minutes prior to the commencement of the Program for the
purpose of Pool Site set-up; complying with pool safety checklist procedures
(checklist procedures shall be in a form approved by the City);carrying out any other
activities necessary to securely and safely open the Pool Site; and opening the
Program/Pool Site. Additionally, Consultant's staff shall stay 30 minutes after the
scheduled closure of the Program for the purpose of securing the Pool Site;
complying with pool safety checklist procedures(checklist procedures shall be in a
form approved by the City);carrying out any other activities necessary to secure and
close the Pool Site; and closing the Pool Site.
E. Consultant shall ensure that all individuals sign a waiver of liability releasing the
City from liability and indemnifying and holding harmless the City in relation to the
Program prior to allowing such individuals to engage in any of the Program
activities. Such waiver of liability shall be in a form approved at the sole and
absolute discretion of the City.
F. Consultant shall be responsible for all of its costs in carrying out the Services under
this Agreement, including but not limited to Consultant's staff compensation, any
taxes that may be owed by Consultant,expenses,indirect costs,life guard equipment
and uniforms, and any insurance riders or policies relating to this Agreement.
01247.0001/553343.4 5/31/2019 A-1
G. Consultant shall also perform such additional services pursuant to Section 1.8 and
approved in writing by the Contract Officer.
II. As part of the Services,Consultant will prepare and deliver the following tangible work
products:
A. Consultant shall produce and distribute 5,000 postcards for the purpose of advertising
the Program.
i. The form and content of the postcards shall be approved by the City in
writing prior to printing and distribution.
ii. By May 27, 2019, Consultant shall deliver 4,750 postcards to the following
schools located in the City in the following manner: Grand Terrace High
School (2,200 postcards), Terrace Hills Middle School (1,038 postcards),
Grand Terrace Elementary School (735 postcards), and Terrace View
Elementary School (777 postcards).
iii. By May 27, 2019, Consultant shall deliver 250 postcards to the City for its
use.
III. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City appraised of the status of performance by providing such
updates as the City may require from time to time.
IV. All work product is subject to review and acceptance by the City,and must be revised
by the Consultant without additional charge to the City until found satisfactory and
accepted by City.
01247.0001/553343.4 5/31/2019 A-2
EXHIBIT "C"
SCHEDULE OF COMPENSATION
1. If Consultant has fully complied with the requirements of this Agreement and there are
no disputes relating to Consultant's performance of Services under this Agreement,
then Consultant shall be paid in two lump sums as follows:
A. On June 28, 2019, City will pay Consultant a lump sum of$12,599.00.
B. On July 26,2019, City will pay Consultant a lump sum of$12,599.00.
II. The City will only compensate Consultant for the Services performed upon submission
of a valid invoice as provided above. Each invoice is to include (to the extent
applicable):
A. Line items for all personnel describing the work performed,the number of hours worked,
and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and
travel properly charged to the Services.
III. The total compensation for the Services shall not exceed $25,198.00 as provided in
Section 2.1 of this Agreement.
01247.0001/553343.4 5/31/2019 C-1
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely in accordance with the following schedule:
Table 1
Program Schedule
for June 17, 2019 through July 3,2019
Monday through Friday
Time Activity
2:00 p.m. to 2:30 p.m. Pool Site Set-up & Safety Check
See Section I(D) of Exhibit"A"
2:30 p.m. to 6:00 p.m. Open Swim
6:00 p.m. to 6:30 p.m. Pool Site Close down&Lock-up
See Section I(D) of Exhibit"A"
Table 2
Program Schedule
for Saturday,June 22,2019 and Saturday,June 29, 2019
Time Activity
Pool Site Set-up & Safety Check
8:30 a.m. to 9:00 a.m. See Section I(D)of Exhibit"A"
9:00 a.m. to 10:00 a.m. Senior&Adult Swim
10:00 a.m. to 12:00 p.m. Youth Swim Lessons
12:00 p.m. to 1:00 p.m. Pool Site Closed for Lunch Break
1:00 p.m. to 4:45 p.m. Open Swim
Pool Site Close down&Lock-up
4:45 p.m. to 5:15 p.m. See Section I(D) of Exhibit"A"
Table 3
Program Schedule
for July 5,2019 through July 26,2019
Mondays,Wednesdays,Thursdays,Fridays
(See Table 3.1 for uesday schedule)
Time Activity
8:30 a.m. to 9:00 a.m. PSOeOelSection
Site Set-up &Safety Check
I(D) of Exhibit"A"
9:00 a.m. to 10:00 a.m. Senior&Adult Swim
10:00 a.m. to 12:00 p.m. Youth Swim Lessons
12:00 p.m. to 1:00 p.m. Pool Site closed for Lunch Break
1:00 p.m. to 4:45 p.m. Open Swim
Pool Site Close down&Lock-up
4:45 p.m. to 5:15 p.m. (See Section I(D) of Exhibit"A")
01247.0001/553343.4 5/31/2019 D-1
Table 3.1
Program Schedule
for July 5, 2019 through July 26, 2019
Tuesdays
Time Activity
8:30 a.m. to 9:00 a.m. Closed
9:00 a.m. to 10:00 a.m. Closed
10:00 a.m. to 12:00 p.m. Closed
12:30 p.m. to 1:00 p.m. Pool Site Set-up & Safety Check
See Section I D of Exhibit"A"
1:00 p.m. to 4:45 p.m. Open Swim
4:45 p.m. to 5:15 p.m. Pool Site Close down&Lock-up
See Section I(D) of Exhibit"A"
II. Consultant shall deliver the following tangible work products by the following dates:
A. Pursuant to Exhibit "A," by May 27, 2019, Consultant shall deliver 4,750
postcards to the following schools located in the City in the following manner:
Grand Terrace High School (2,200 postcards), Terrace Hills Middle School
(1,038 postcards), Grand Terrace Elementary School (735 postcards), and
Terrace View Elementary School (777 postcards).
B. Pursuant to Exhibit "A," by May 27, 2019, Consultant shall deliver 250
postcards to the City for its use.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
01247.0001/553343.4 5/3 1120 19 D-2