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2006 11 07 CCCity Council agendas are available on the City's web page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting TUESDAY. NOVEMBER 7, 2006 — 3:30 P.M. Beginning Resolution No. 2006-114 Ordinance No. 431 CALL TO ORDER Roll Call: Council Members: Henderson, Kirk, Osborne, Sniff, and Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CLOSED SESSION NOTE: Time permitting the City Council may conduct Closed Session discussions during) the dinner recess. In addition, persons identified as negotiating parties are not invited into the Closed Session meeting when acquisition of real property is considered. 1. CONFERENCE WITH THE CITY'S REAL PROPERTY NEGOTIATOR, DOUGLAS R. EVANS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED SOUTHWEST OF THE INTERSECTION OF HIGHWAY 111 AND LA QUINTA CENTRE DRIVE. PROPERTY OWNER/NEGOTIATOR: STAMKO DEVELOPMENT CO., CHRIS CLARKE. -. f City Council Agenda 1 November 7, 2006 RECONVENE AT 4:30 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CONFIRMATION OF AGENDA PRESENTATIONS - NONE WRITTEN COMMUNICATIONS 1. WRITTEN CORRESPONDENCE FROM CANDY BERTOLI, DATED OCTOBER 16, 2006, REGARDING SPONSORSHIP OF THE FRANK SINATRA COUNTRYWIDE CELEBRITY INVITATIONAL GOLF TOURNAMENT. 2. WRITTEN CORRESPONDENCE FROM BOY SCOUTS OF AMERICA REGARDING RICK DANIELS DISTINGUISHED CITIZENS DINNER SPONSORSHIP OPPORTUNITIES. APPROVAL OF MINUTES 1. APPROVAL OF SPECIAL MEETING MINUTES OF OCTOBER 2, 2006 2. APPROVAL OF MINUTES OF OCTOBER 17, 2006 CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED NOVEMBER 7, 2006. 2. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH VISION INTERNET FOR REDESIGN OF THE CITY'S WEBSITE. 3. APPROVAL TO AWARD A CONTRACT TO CONSTRUCT THE AVENUE 54 PAVEMENT REHABILITATION IMPROVEMENTS, PROJECT NO. 2005-1 1. a City Council Agenda 2 November 7, 2006 CONSENT CALENDAR (CONTINUED 4. APPROVAL OF A REQUEST FOR PROPOSAL TO OBTAIN ARCHITECTURAL/ENGINEERING DESIGN SERVICES TO PREPARE A MASTER PLAN & PRELIMINARY SITE PLAN FOR THE CITY MAINTENANCE YARD, PROJECT NO. 2006-05. 5. APPROVAL OF THE PROJECT SPECIFICATIONS AND BID DOCUMENTS AND AUTHORIZATION TO ADVERTISE FOR BID THE FISCAL YEAR 2006/2007 SLURRY SEAL AND RESTRIPING PROGRAM, PROJECT NO. 2006-01. 6. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 32225, SANTERRA, G5 ENTERPRISES, INC. 7. APPROVAL OF A CONTRACT FOR THE RESTORATION OF LANDSCAPING AT MONTICELLO I DEVELOPMENT, WEST OF JEFFERSON STREET IN THE CITY OF LA QUINTA. 8. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH DAVID EVANS & ASSOCIATES (DEA) TO PREPARE THE PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E) FOR THE JEFFERSON STREET MEDIAN ISLAND LANDSCAPE IMPROVEMENTS, PROJECT NO. 2005-03. 9. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH PARCEL MAP NO. 31172, LA QUINTA VALLEY PLAZA, KLEINE BUILDING & DEVELOPMENT, INC. BUSINESS SESSION 1. CONSIDERATION OF MEMBERSHIP STATUS IN RELATION TO THE PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS AUTHORITY. A. MINUTE ORDER ACTION 2. CONSIDERATION OF ADOPTING A RESOLUTION OF THE CITY COUNCIL INCREASING THE FEE FOR COVERAGE UNDER THE COACHELLA VALLEY FRINGE -TOED LIZARD HABITAT CONSERVATION PLAN TO $2,371 PER DISTURBED ACRE. A. ADOPTION OF RESOLUTION City Council Agenda 3 November 7, 2006 ' BUSINESS SESSION (CONTINUED 3. CONSIDERATION OF CITY COUNCIL MEETING SCHEDULE. A. ADOPTION OF RESOLUTION STUDY SESSION - NONE REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (HENDERSON) 2. CITY COUNCIL AD HOC COMMITTEE REPORTS 3. CVAG COMMITTEE REPORTS 4. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (KIRK) 5. C.V. CONSERVATION COMMISSION (SNIFF) 6. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (RON PERKINS) 7. C.V. MOUNTAINS CONSERVANCY (SNIFF) 8. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 9. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (OSBORNE) 10. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 11. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 12. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 13. RIVERSIDE COUNTY CHILD SAFETY COMMISSION (HENDERSON) 14. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 15. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 16. SANTA ROSA/SAN JACINTO NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 17. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 18. SILVERROCK RESORT SUBCOMMITTEE 19. SPHERE OF INFLUENCE SUBCOMMITTEE 20. INVESTMENT ADVISORY BOARD MINUTES DATED SEPTEMBER 13, 2006 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE TO PUBLIC COMMENTS 2. CITY ATTORNEY - NONE 3. CITY CLERK A. REPORT ON UPCOMING EVENTS City Council Agenda 4 November 7, 2006 DEPARTMENT REPORTS (CONTINUED 4. BUILDING AND SAFETY DEPARTMENT MONTHLY REPORT - NONE 5. COMMUNITY DEVELOPMENT DEPARTMENT MONTHLY REPORT - NONE 6. COMMUNITY SERVICES DEPARTMENT MONTHLY REPORT - NONE 7. FINANCE DEPARTMENT REPORT - NONE 8. PUBLIC WORKS DEPARTMENT MONTHLY REPORT - NONE 9. POLICE DEPARTMENT MONTHLY REPORT - NONE 10. FIRE DEPARTMENT QUARTERLY REPORT - NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE RECESS TO REDEVELOPMENT AGENCY MEETING DUE TO NO PUBLIC HEARINGS BEING SCHEDULED, THE CITY COUNCIL MEETING WILL ADJOURN UNLESS THERE ARE ITEMS FROM THE AFTERNOON SESSION THAT STILL NEED TO BE CONSIDERED. ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on November 21, 2006 commencing with closed session at 3:30 p.m. and open session at 4:30 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA, 92253. DECLARATION OF POSTING I, Veronica J. Montecino, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of November 7, 2006, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 1 1 1, on November 3, 2006. DATED: November 3, 2006 VERONICA J. MONTECINO, City Clerk City of La Quinta, California City Council Agenda 5 November 7, 2006 Public Notices The La auinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7103, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777-7103. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting. City Council Agenda 6 November 7, 2006 20061107LQCity Council Marion Ellson, 80-082 Palm Circle Drive I am here today because there is activity taking place around our development that will affect us. We wish to make our voices heard before decisions are made. I understand that discussion of property transfers takes place in executive session where we cannot be present, so I want to give you some background before any decisions are made. The situation is complex because there are several entities involved. I have given each of you a diagram that I hope will help to explain the situation. I am speaking as a resident of Westward Isle (dark green.) This development was built in 1973 under Riverside County as a PUD surrounded by a golf course(light green.) Our set backs, etc. were based on being surrounded by open space (now Indian Springs Golf Course and CVWD Wash (light blue.) The units were sold as golf course residences enclosed by three fairways. About the time that construction started on Jefferson, Mr. Snellenberger decided to discontinue the 9 hole course that surrounded us. One hole was in the wash owned by CVWD. Understandably that went fallow. The fairway on the west of our development (light green with brown diagonals) was abandoned. Watering and mowing were discontinued. In spite of notices from code enforcement this matter was not corrected. There are several other problems, but my concern today is with future development. The city now owns the area in orange where houses were demolished for the widening of Jefferson. There is interest in how this area and the abandoned fairway might be developed. Before any action is taken, we want the council to be aware of our history. Shortly after La Quinta became a city, a move was made to annex an area roughly bounded by Ave. 48, Jefferson and the wash, Fred Waring ands an area bounded by Washington and Adams. In total 2010 acres more or less. This Included valuable commercial property along 111. Indio was moving to annex this area. We did not want to become part of Indio because they planned to build high density time share units on the golf course and gave us no security in zoning, among other reasons. We went to Frank Usher and asked to become part of La Quinta. For several months after that we worked hard to make this a reality with meetings letters, phone calls and most importantly circulating petitions and going as a group to the LAFCO meeting in Riverside. Chris Clark, the Hammer family, the Figge Corporation and many residents of the Westward Ho area were involved in this effort. As a result of the control of the property, the uninhabited part of the golf course was given to Indio and the rest of the area went to La Quinta. We feel that we were instrumental in enhancing La Quinta and need your help now. We want to maintain our property values and open space (the golf course is zoned as open space -golf course the city's promise when we were annexed.) We want to maintain our R-1 zoning, views, security, peace and quiet. We have endured almost two years of upset while Jefferson was constructed and it looks like it will be at least two more years before we can reconstruct our entry and get back to normal. There has already been a decrease in value or our residences and its impossible to sell those along the abandoned fairway. Please consult and consider us as plans are developed. We are also concerned about the landscaping of Jefferson as the northern entrance to La Quinta and hope the city will consider using their property (orange to provide an attractive landscaped area with a meandering walkway. October 16, 2006 Mayor Donald Adolph City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Dear Mayor Adolph: WRITTEN CORRESPONDENCE ITEM: Countrywide Celebrity Invitational Celebrity InvitationA ul-, 12 Candy Bertoli 42-201 Beacon Hill Suite B-10 Palm Desert, CA 92211 760-674-8447 800-FS-STARS 760-674-0487 FAX candy@sinatragolf.com The 19th Annual Frank Sinatra Countrywide Celebrity Invitational will be played at the Indian Wells Country Club in Indian Wells, February 23 and 24, 2007. Proceeds benefit the non-profit Barbara Sinatra Children's Center, at Eisenhower, which provides counseling for victims of child abuse. Many of the Children's Center clients are residents of La Quinta. The centers services are provided regardless of a family's ability to pay. This letter is a request to allow us to hang tournament banners on Hwy 111. We also ask that the City help underwrite the cost for the banners and assist with installation. We are asking all the cities in the Coachella Valley to join us in this endeavor. The Barbara Sinatra Children's Center mission is to counsel physically, sexually and emotionally abused children and to break the cycle of generational abuse. Child abuse is not a new problem; it is as old as humanity. What is new, however, is that our society is beginning to effectively deal with the problem. The Children's Center proudly stands as a testimony to that fact. Their programs are working; abused children are regaining their childhood and growing to become responsible parents and productive members of society. We invite you to participate in the promotion of this event to join other Coachella Valley communities to stand together against child abuse. Please call me at 760-674-8447 if you have any questions. Sincerely, OA,,�C, Candy Bertoli P.O. Box 1020 - Rancho Mirage - California 92270 760-674.8447.800-FS STARS - 760-674-0487 (Fax) - ww.sinatragolforg WRITTEN CORRESPONDENCE ITEM: gA -a ITS (DF PM �. 'k Pt . . RICK DANIELS DISTINGUISHED CITIZENS DINNER SFONSOASHIP OPPORTUNTIES Thursday, December 7�" at Fantasy Springs ❑EAGLE SPONSOR: $10,000 Eagle Sponsorship billing One table of ten in prime locations at the dinner Two premium full page ad in the dinner tribute book Special recognition Ongoing recognition through all promotional effort and podium ❑STAR SPONSOR: $5,000 Star Sponsorship billing One half page ad in the dinner tribute book ❑TENDERFOOT SPONSOR: $2,900 Tenderfoot Sponsorship billing One quarter page ad in the dinner tribute book ❑TABLE SPONSOR: $1,950 One table often at the dinner Listing in the tribute book One table of ten in prime locations at the dinner Sponsorship acknowledgement from podium One table of ten in prime locations at the dinner Sponsorship acknowledgement from podium Sponsorship acknowledgement from podium Congratulatory Program Page ❑ Full Page $1,500 ❑ Half Page $ 900 ❑ Quarter Page $500 ❑Business Card $250 Yes, I would like to donate an auction item! Daytime phone Please be sure I get an invitation Please reserve dinners) at $195. per person Please reserve table(s) at $1,950 per table, (Ten per table). Please reserve additional dinner(s) to be included with my Sponsorship ❑ I am unable to attend. Please accept this donation of $ (all donations listed in Program book) I wish to pay by credit card: ❑Visa ❑M/C ❑Amex []Discover Card No: _ Exp. Date Check enclosed for $ Sponsor Donation enclosed for $ _ Name Company/Organization Address City State_ Phone Email Call Leilani Bueltmann at 320-6599 to reserve your ad space by Nov. 24t Fax: (760) 779-9415 Make checks payable to and mail to: Boy Scouts: P.O. Box 4012, Palm Springs, CA 92263 ❑Diner's Zip V iy� j� i,ii� i'li'_ �. .'S, �'.l�l:� ,v .JVA''1:`iilti LIil(ti,i.ii.V(`( Tiht " AGENDA CATEGORY: UNCIL/RDA MEETING DATE: November 07, 2006 ,M TITLE: BUSINESS SESSION X*QL T:"L10910I17..X� STUDY SESSION nand Register Dated November 07, 2006 PUBLIC HEARING COMMENDATION: Approve Demand Register Dated November 07, 2006 CKGROUND: paid Warrants: 70485 - 70506) 54,038.39 70507 - 70508} 3,389.35 70509 - 705301 873,681.25 Voids} (12,905.97) Wirt; Transfers} 418,696.64 P/R 33486 - 335141 179,744.11 P/R Tax Transfers} 50,925.32 able Warrants: 70531 - 706911 1,475,857.47 $3,043,426.56 CAL IMPLICATIONS: nand of Cash -City $2,674,808.61 nand of Cash -RDA $368,617.95 n M. Falconer, Finance Director Y OF LA QUINTA JK TRANSACTIONS 10/11/06 — 10/25/06 113/06 WIRE TRANSFER — ICMA $50.00 113/06 WIRE TRANSFER — WATERCOLORS $56,000.00 113/06 WIRE TRANSFER — WATERCOLORS $48,000.00 /13/06 WIRE TRANSFER— WATERCOLORS $48,000.00 119/06 WIRE TRANSFER — LANDMARK $167,845.45 /23/06 — WIRE TRANSFER — PERS $44,135.30 /23/06 WIRE TRANSFER — ICMA $6,665.89 123/06 WIRE TRANSFER — WATERCOLORS $48,000.00 TOTAL WIRE TRANSFERS OUT $418,696.64 sLn 1 I OM I I O O N O \ I Y .J I c In O u1 O O I` I u Q 1 u.l W C O 00 %t u\ O I S O I H H Ln R1 N I u r I O O O� e- 19 W 1 i > > Q m I 1 d I I O Z I 1 H I I W W 1 I OL O I I 9L 1 I lO W 1 r Z I zI= I ZH I H I O Id I � 'ic is is is 4c r I OL 1 Z I E I�7 I I I i i 11 1 I I I O 16i0G 1 OOOOOOO ONN 000000 OO NN OO u I w U t OO.00O If, o. 000 000000 1n ul 00 00 U 1 uan I 00000wo 1n Itol 000000 WW 't �t In cn Q 1 ZH 1 000 u1OOtn N1l- 0l OOO1noLn 00 titi NN 1 QI to't—M10—O — -N 1n't t--M100� —� e-e-- e--e- 1 N e- N e- 00 N — N— 1, Ho i � I I w �� i t orw I I zl 1 v I i I I I I I I I to 1n u\ 1n 1n c- W1 N u\ u1 u1 1n 1n N M I 1 M Ou\ a-e-e-t-e- N1 u1 0 1 I I I I t l l I I 11 1 1 1 I I 1 1 1 (MNNNN10 M•o NNNNN 10 10 in LU 1 1 5 1 1 1 1 N1 u1 u1 1t 1t l 1t 1t M u\ u\ m 1 r 1 0- — c- r- — — c- 0, e c e e — — — S Z N an 1n In N c In e N to 1n u• N M i e- Z I 11111 It S1It11 It It 1 Z 1 O 1 1 I 1 1 1 I 1 I 1 1. 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OY I Z Q I J 3 J Q C C] F O It LL Z O W Z 1 Q C W Q H H W K •• H Q 0> 1 H Z W Z Vf 1 N J c- J m p I Cr Q 1 O z Y Q I I W M Q 0 H H W w Y W u 0 I i LL in H Z I.-X W > Q J m 0 1 Z W O Q '+ S h( CL N W �O Cr i I H H J J z Z CL K /A cn 3 O Q Q I 1 O F- LL 1 I (V J Z I I of co N It 00 n -t O M 10 \•0 H (n I w I 10 N O N 10 n Oo of In N It N It 7 J I O 1 N N Ln 0• It N M n of 10 c- M CY J I o 0 1 N N N c- \= w I z z 1 0(9Q3 I W I J 1 > 1 In •• 1 I W E Ii O I I 10 n 00 0, 0 N M It In •O lz Q 00 1 1 o, of o• o, o o O 0 0 0 0 Q z It It It In to to In In In In CL (D l u I O O O O O O O O O O 0 wol-z 1 wo t n n n n n n n n n n n w w H Q I 2 Z 1 a ILUm I u I of o, M M 00 00 M M O O 1 1 In M J J Q Q F F O O F F Y H u Y W U 2 W Li x \ u Y \ Z W Q Y m Z 6 m J J 6 Tatt440" COUNCIL/RDA MEETING DATE: November 7, 2006 ITEM TITLE: Approval of a Professional Services Agreement with Vision Internet for Redesign of the City's Website RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: is CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement (PSA) with Vision Internet for redesign of the City's website, and authorize the City Manager to execute the Agreement, subject to review and revision by the City Attorney, at a cost not to exceed $60,000. FISCAL IMPLICATIONS: Staff has budgeted $60,000 in the 2006/07 Budget for this project in Account No. 502-0000-512.33-55. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City of La Quinta website was designed and established by Southwest Networks in 1999. The rapid growth of the City and the speed of technological advances in recent years have contributed to the need to redesign the City's website. Council authorized a Request for Proposals (RFP) at the September 5, 2006 City Council meeting. Staff sent RFP's to twenty website design firms and received twelve proposals in response. The Consultant Selection Committee reviewed and ranked the proposals and interviewed the top 5 firms. The Selection Committee was comprised of the following members: Clayton von Helf, Information Systems Analyst (City of Palm Desert) Tracey Jardin, Director of Marketing Communications (La Quinta Resort) Terry Deeringer, Management Analyst Mason Lord, Informational Services Analyst Tustin Larson, Recreation Supervisor Based upon the presentations and responses to the RFP, the Selection Committee recommends the firm of Vision Internet to provide website redesign services in accordance with the PSA. The PSA includes additional Exhibits which address Vision Internet's proposed Scope of Work (Attachment 1), Schedule of Compensation, Schedule of Performance, and Special Requirements. Vision Internet is a leading innovator in the web design industry and has received over two dozen prestigious awards for their government websites, including honors from PTI (Public Technology Institute), the U.S. Department of Transportation, the 3CMA (an association of government marketing professionals), the Center for Digital Government, the Web Marketing Association, and other organizations. They have designed over 80 government websites in 17 states and distinguish themselves by introducing innovative design, user-friendly navigational structures, and advanced content management tools. Upon City Council approval, the City Manager will execute the PSA, initiating the redesign process. The website is expected to "go live" in early March, 2007 in conjunction with kick-off of the City's 25' anniversary activities. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the PSA with Vision Internet, subject to review and revision by the City Attorney, for redesign of the City's website and authorize the City Manager to execute the Agreement at a cost not to exceed $60,000; or 2. Do not approve the PSA with Vision Internet for redesign of the City's website and do not authorize the City Manager to execute the Agreement at a cost not to exceed $60,000; or 3. Provide staff with alternative direction. Respectfully submitted, ll John Falconer, Finance Director 6.f Approved for submission by: l O homas P. Genovese, City Manager Attachment: 1 . Exhibit A - Scope of Work ATTACHMENT 1 Exhibit A Scope of Work IMPLEMENTATION PLAN Vision Internet offers the best use of the City of La Quinta's precious funds. With Vision Intemet, you are sure to receive a website that delivers on its potential. We will build your website from the ground up with your needs and objectives in mind. To fulfill these objectives and reach your target audiences, we recommend: Attractive Design Design is important. Today, many people judge the quality of an organization largely based upon the quality of its website. These opinions are especially influenced by the initial impression of the website's graphic design. Design ensures that users will use the website as a resource; if the website is not attractive and inviting, people assume it is of little value and do not spend the time necessary to find the information they need. With Vision Internet, your website will have a design that makes it stand out among cities on both a regional and national basis. The City's website will be inviting, easy to use, and will reflect your unique identity. This will be accomplished through the following design characteristics: ❑ Creative design that incorporates custom design elements and the most important information and keeps both easily accessible from the homepage. ❑ Photos and collages of recognizable landmarks, scenery of the City, and the local area. ❑ Consistent look and feel throughout the site to make it easier for website visitors to navigate the site and find information they need. o Use of Cascading S#yle Sheets to ensure future consistency as well as separation of content and design. This makes it much easier to apply a new design theme in the future without the need to redevelop the underlying website. ❑ Section 508 Compliant making it accessible to persons with disabilities. It may also incorporate the following design elements to make it easier for your users to navigate the site: ❑ Easy to use drop down menus helping users to quickly understand navigation and locate information with the least amount of clicks. ❑ Breadcrumbs showing the user's current path to let them know exactly where they are on the website. Vision Internet is recognized for its ability to create great designs that fulfill each of the above objectives. We have been featured in the national media and have won awards for creating effective web solutions. We intend to use all of this skill and experience to create an award -winning quality website for you. Intuitive Navigation For your website, we recommend organizing information by department topic, and/or #aarae4 t users. Keep in mind that the average resident does not know the organizational structure of the City, nor needs to. Our approach allows users to find information in the IN variety of ways that are most important to them. This is a solution we use on many of our government websites making it easy for visitors to find information. This is because content is available through multiple "paths" making it simple for users to search the site regardless of their preferred method. It is also easy for your staff to update and maintain web pages because of our sin - source web -publishing model. You can update the web page one-time, and it is published to multiple locations throughout the site. This prevents having inconsistent content while maintaining maximum usability for website visitors. Flash Animation 'f o make the website fresh and interesting, the website may include a flash animation. The animation could include a header type collage like we implemented for the City of Manta Monica -sa'tt i or they could be splash -type screens like we implemented for JOBsolutions Ohio (,,vvvt-v ,;bsnlut nr),,.net). Included in the scope of your project is one ten -second flash animation. A total of 20 hours has been allocated i*or the animations; however, exceptionally complicated animations may require an additional budget. Vision Internet can also easily insert video clips, such as your "How to Drive a Rourdabout" video, into our content management tool. This would be included in the total price. Content Management Solution 'Content management tools allow non -technical staff to add, edit, and delete content as well as control who has access to managing different areas of the website. This means that your staff can update announcements, press releases, news, documents, and other pages (even update or add Meta Tags) without knowing how to program. 'This is done through simple and easy to use administration screens. Because staff from each of the departments can update and maintain their website directly through browser -based forms, you can effectively cut your maintenance costs and redirect existing technical resources toward more important areas. Vision Internet is unique in its ability to implement different content management solutions. They include our own Microsoft ASP NET and SQL -based Vision Content Management Tool, Microsoft's Content Management Server (MCMS), and Stellent. While many clients choose our solution because it is very affordable and simple to use, they also appreciate knowing that Vision Internet is able to recommend and implement the best answer to their particular needs. Most of our competitors do not offer this flexibility. For your project, we recommend our proven Microsoft ASP.NET and SQL based content management tool. It is affordable, easy -to -use for non technical staff, and provides you with the functionality you will need. Furthermore, you will not be locked into Vision Internet or any other company because it is based upon standard technologies, and we provide -you with all the source code for your own use. Administration Tools Vision Internet's content management tool provides you with a dynamic website where you have the ability to modify content on any page, including municipal code, Board Commission and Council agendas, and minutes in the website through simple and easy to use administration screens. Additionally, you can add new pages and insert them into the navigation of the website. This allows you to continually grow your website over time, without ongoing maintenance fees. Our content management tool includes a number of functions that make it extremely easy for your non -technical staff to manage website content. The most important include: ❑ Browser -Based Administration that allows for easy management of content by anyone who is familiar with surfing the Internet and using basic word processing programs. There is no need for your staff to know programming when updating content. This allows authorized staff members to update, delete, and create new pages based on a predefined template, and insert them into the website's navigation. ❑ WYSIWYG Text Editor that is based upon standard document creation tools that make it easy for your non -technical staff to edit and format text. With the WYSIWYG (What You See Is What You Get) editor, they can change font styles, colors, sizes, and formatting such as bold, italics, and underlining. f B ! U Figure 1 WYSIWYG text editor. ❑ Content Approval Cycle that allows staff persons to create content that passes through multiple levels of review and approval before going "live." ❑ Automatic Alt -Tags for images ensuring future Section 508 compliance. ca Automatic Image Resizing to convert those large high -resolution photos from digital cameras into web -ready images. ❑ Undo Redo Roll -Back. and Trashcan tools giving you the ability to recover from mistakes. ❑ Styles that can be applied to such elements as text, headers, and lists, thereby enabling you to create web pages with a consistent look. ❑ Paste from Microsoft Word to make it easier to add content to the website while stripping MS Word formatting and converting it to HTML. ❑ Spell Check to help you create content that is free of any embarrassing spelling errors. ❑ Search and Replace tool that replaces a word or phrase within the page. ❑ Secure Administration that offers password protection to content management functions. Our sophisticated tool allows you to grant management rights to specific users or groups of users. Administration rights can be granted to the entire site or restricted to specific areas or types of content (i.e. by department). ❑ Single -Source Web Publishing that permits administrators to update a single web page and reflect those changes on multiple pages throughout the site. ❑ Navigation Control that allows you to add new pages or move pages anywhere within the website. o Page Linking that enables you to easily create links to any page in the website or to other websites. ❑ Email Address Masking which prevents spammers from getting the email addresses of your employees when crawling your site. ❑ Document Central that allows for the storage of a single version of each document in a central place and for them to be linked to virtually any page in the website. ❑ Image Library that stores a single version of each image in a central place and subsequently adds them to virtually any page in the website. ❑ Content Scheduling to save time and money. This allows all standard pages and specific predefined component content to be setup to publish ahead of time and be automatically removed or archived when it will no longer be relevant. ❑ Printable Pages that enable your website visitors to print out virtually any page on the website for reading offline. Optional functions available under additional budget include: ❑ Multilingual Support which allows you to publish web pages in any language including multi -byte Asian and Arabic languages. Our tool can be configured to accept your translated content. Configuration and translation services are not included; however, they are available for an additional fee. Included Interactive Components In addition to the creative design, effective navigation, and easy to use Vision Content Management Tool, we will provide the City of La Quinta with interactive components for managing special types of content. These offer a higher level of interactivity to your website visitors. Website users can easily find the information they need and staff will 'f� be able to maintain the site with timely information. Based on your RFP and thorough analysis of your current website, we believe these components will most fit your needs: ❑ Approval Cycle ❑ Calendar ❑ Design Themes ❑ Document Central ❑ Dynamic Banners ❑ Dynamic Homepage ❑ Dynamic Department Homepages ❑ e-Notification ❑ Form/Survey Tool ❑ Image Library ❑ News and Newsletter ❑ Site Search ❑ Sitemap Generator Each of these interactive components is described in detail below. Customization of the Vision Content Management Tool includes the frontend graphic design and layout as well as adding or subtracting fields for your specific needs. Our clients appreciate the flexibility that this level of customization provides over the cookie -cutter offerings of our competitors. Approval Cycle For websites where content authorship and updates are distributed throughout an organization's departments, it is helpful to implement the Approval Cycle where content updates and changes do not go live on the website until one or more persons have approved them. "This allows you to segment the management of content by groups of users (such as departments), in addition to types of content as determined by the interactive components. It is extremely flexible allowing you to define as many workflows as you require with as many steps in the approval as you deem necessary. Most clients have one workflow per department with up to four or five steps in each. Calendar An interactive Calendar is a staple of local government websites and is an essential tool for your site's success. The Calendar can be used to improve attendance at your events and meetings by making it easier for users to find the types of events important to them. It can also be implemented in a user-friendly monthly or yearly format. To assist users further, the Calendar has filtering tools that allow them to find information by month, category, or even departments. This C_a7 makes it quite easy to locate specific Figure 2 Interactive calendar to find meetings and events quickly. information. Our Calendar contains a number of advanced functions including: ❑ Reoccurring events function ❑ HTML editing capabilities (including ability to include photos and links) ❑ Automatic archiving ❑ Integration with e-notification ❑ Ability to create and assign filtering categories to events. ❑ Ability to restrict use of categories by specific staff. ❑ Ability to control which events to include on the homepage of the site. ❑ Ability to insert Calendar pages anywhere in the site navigation. ❑ Ability to apply different Calendar formats including standard monthly Calendar and a listing of events. Design Themes The Design Themes tool allows you to give subsections of the website their own unique look and feel while providing overall navigational and page layout consistency i'or your website visitors. The navigational and page layout consistency will make navigating the site easier for your users; the structure will remain the same throughout the website. At the same time, however, by being able to apply different graphic designs and color schemes to different sections, you can incorporate distinct branding elements into a single website. To make it easy for your staff, they can simply select the design theme to be applied to the page from a list of available options that Vision Internet defines for the content management tool. Included in this budget are three design themes; additional themes will be billed at our hourly rates. Below are examples from the StopWaste.Org website. Different templates are used for promoting branding of individual r programs. Templates include unique •�, .�'� .::r banner collages and color themes. «„r� ,U ��' ^.,t Navigation remains consistent throughout the site. GR Cf 4 BW D:VG Figure 3 The StopWaste.Org website incorporates different Design Theme templates to support branding of individual programs. From left to right: Bay Friendly program, Residents section of site, Green Building program. Document Central One of the main reasons people visit a local government website is to get information and download important documents and forms such as business licenses requirements, fee schedule, maps, registries and other applications forms. With the Document Central, website visitors can easily find the information they need, and you can slash printing and distribution costs for all types of documents. Based on our extensive experience in centralized location for all documents. This allows website visitors to browse for documents from a single, categorized location as well as to access information from individual pages within the website. Furthermore, it allows easier administrator management of files, thus preventing confusing links and ensuring there are not multiple versions of the same document throughout the site. To prevent broken links in the website, the Document Central prevents deletion of linked documents and provides a complete list of pages linking to the document to simplify website administration. content management, we recommend Download CHntral Figure 4 Documents and files are accessible from a We recommend all documents be stored central location. in Adobe Acrobat PDF format to enable everyone to view them, regardless of platform. However, you may upload most types of files including Microsoft Word, Exce'i, graphics files, and audio or video clips. (Dynamic Banners While your site will include graphical banners that make the website attractive, changing the banners from time -to -time will keep the website fresh and interesting. While Vision Internet can change the banners at anytime for an incremental maintenance fee, the Dynamic Banners tool allows your staff to change the banner images by themselves, whenever they want. With the simple to use interface, they can easily upload pre -sized photos, graphics, or collages to replace existing banner graphics. Depending on your preferences, we will implement the Dynamic Banners so that you can apply a different banner for individual pages, the overall website, or on a rotating basis. We would work with you to determine the best implementation for your unique needs. You can see an example of the implementation of Dynamic Banners at vvww d icnil,t ar. As you go to different sections, you will notice that different banners are used. We can change banners via simple image upload. We will be happy to provide a demonstration of backend tools upon request. Included in this budget are five dynamic banners; additional banners will be billed at our hourly rates. Dynamic Homepage It is important on a city website to list the most current news, press releases, or events. This keeps the community informed while ensuring the website is fresh and timely. It also exposes website visitors to important information they may not necessarily be looking for. A Dynamic Homepage automates this process for your staff by displaying the most recent information and automatically removing it when it is no longer relevant. It will save your staff time while guaranteeing that your homepage is up-to-date. Please note that the Dynamic Homepage can include an emergency homepage notice. Dynamic Department Homepages While the Dynamic Homepage would provide information for the City overall, the Dynamic Department Homepages would provide the same functionality for individual departments. The system will be implemented in a way that information could be posted on both the main homepage and a department homepage simultaneously without duplication of effort. The screenshots below show the City of Charlottesville's homepage, which lists current events, and the city council's homepage, which automatically lists council specific news. ter. -j, - 7 w� Y s News and events are r E° ARM automatically added oto the homepage and �= the department homepage. a�1 4 Figure 5 City of Charlottesville's homepage automatically lists upcoming events. e-Notification Figure 6 Dynamic Dept. Homepages automatically lists a department's current news or events. Increase communication, draw in more repeat users, and get important information out more quickly, using our email based e-Notification tool. Our tool provides a sign-up box allowing users to add their email addresses to receive important notices, and set their preferences for the e-Notifications they would like to receive. Each registration is verified via a confirmation email that the user must respond to in order to complete the registration process. This same mechanism allows each user to change preferences including opting out from subscription lists. � °t To better manage the e-Notification process, your staff can see how many subscribers there are for each category, plus edit subscriber information and export the subscriber database for use in other systems. The best part about our e-Notification tool is that it also integrates with the News and Newsletters component, giving you the ability to broadcast News and Newsletter content from your website to your subscribers. There is no need to recreate the content. This integrated approach enables your users to sign up for different types and categories of content on a single subscription page in order to have it delivered directly into their email box. Form/Survey Tool Interactive forms are the staple of an effective government website. They allow users to communicate and interact with their government at convenient times. Vision Internet's Forms/Survey Tool can be used for asking questions, getting feedback, or submitting applications. Keep in mind that these online forms can be used for replicating most paper forms in the city, including service requests. The Form/Survey Tool also provides you with the ability to easily create your own online surveys and track the results in real-time. In contrast to the traditional paper [_[stUMBIA t—(It IN I survey approach, online surveys are more convenient because they eliminate the time and expense of mailing back responses. Furthermore, you can display the results in several Qformats, including .........r.,, ,...,.,.._.... .._,,,...... ,. ..,.m,..� ,. graphical representations. This allows your staff to aggregate the responses and view them in report format. The tool supports �.,..� w�.......��c.... da fill in the blank, • multiple choice, Figure 7 The Form/Survey Tool lets you create forms and surveys where the multiple select, and results are stored in a central database and interactive reporting tools let ranking type you create graphical representations of the responses. questions. It also has an export function so you can analyze the results using Excel or any other program capable of importing CSV files. This is a third party tool, so only graphic design may be customized and the Approval Cycle functionality is not available. Image Library The Image Ubrary is a centralized place where all images used in the website are stored. This saves space because only a single version of each image is used on the entire site. This also provides greater control, as you can restrict the ability to add new images to specific staff members within your organization. Images remained archived when deleted to prevent accidental broken links within the website while the content management tool tracks all pages using individual photos to make it easier for you to replace images in individual pages. The Image Library also incorporates several tools that make managing images much easier. They include automatic scaling and sizing of photos to the maximum size recommended for your website plus automatic alt-tag insertion for images added to pages to ensure future Section 508 compliance. News and Newsletter By posting news on your site, you will improve communication with your target audiences. Our experience is that news can take many forms, including press releases, newsletters, feature stories, and "what's new" content. With our News and Newsletters component, each of these types of news can be implemented onto a single section of the website or have their own separate area. To ensure usability for website visitors while providing simplicity for staff, news content is automatically moved to an archive section at a predefined interval after publishing. Website visitors can browse the archive by category and date range. This is a great way to provide a historical archive while making site administration easy. ,VOTE.- With the e-Notification tool, news information may also be broadcast to :subscribers via email. :Site Search Site users can find the specific content they need through the powerful search engine dtSearch. The tool will search both HTML pages and documents such as Adobe PDF files and Microsoft Word documents. It will return results in order of relevance based upon frequency of search words in the page content or metadata. In an optional, ,advanced mode implementation, dtSearch supports full Boolean keyword searches. 'This third -party software needs to be installed on the web server. Siternap Generator Some people prefer to navigate from a central sitemap where they are able to quickly see a snapshot of the overall website structure. Additionally, most blind people will use the sitemap as their principal source of navigation because it is much faster for their screen reader software to move through this than other navigation pages. The Sitemap Generator makes it easy for website visitors and staff alike by automatically generating a sitemap based upon the current site hierarchy. When a change is made to a page location on the website, it is automatically updated on the sitemap. This ensures up-to- the-minute accuracy, and is much easier than staff having to maintain a static sitemap. Jot) Applicant Manager With the Job Applicant Manager, website visitors can apply for jobs online by filling out an application and submitting it for a specific job or for possible future positions. The information is stored in a central database, and when submitted for a job, it is emailed to the manager responsible for hiring that particular position. HR can generate lists of prospective employees via interactive tools that they can filter by skills, experience, salary requirements, and/or application submittal date. This is the ideal tool for cities that are filling several positions per month or want to build a database of applicants for future positions. To see an example of online Job Postings, please view the details of a Job Posting on the City of ]Englewood site and click on the Apply Online button. .n the City of Englewood site and ., ry click on the Apply Online button. Inside City Nall mrn lob Application: PoIlice Offl am,tlia.atm v.mtw+« «c-,V.e, nevm,l.-eee—+,a. i%dt1r+ iwart i!•b Jz- itf.uc �I .i uclr +dcert�s=J r.a_u..�� Cela•x -adcm.r t _ 1 s�1no1 �i I .-1--•. i Figure 12 Users can apply online and staff can review applicants from l ackend tools. .fob Postings Job Postings is one of the most popular types of content on local government websites. By posting jobs within the site, you are both attracting possible candidates and averting the flood of telephone inquiries about positions that do not exist. This, of course, keeps your administrative costs down. Our Job Postings tool makes posting jobs a snap. Your HR staff simply fills out a form that can have any number of fields you define (such as position, To make it easy for users, postings can include interactive tools for filtering available positions by category, type of position, posting date, and salary. As is normal for all our components, your staff is able to define the categories or classification of Job Postings. Inside City Hall m. Employment Jh TN. Figure 11 Users can filter for jobs of interest. Twyl 4 e(P Q9mr1ry COUNCIL/RDA MEETING DATE: November 7, 2006 ITEM TITLE: Approval to Award a Contract to Construct the Avenue 54 Pavement Rehabilitation Improvements, Project No. 2005-11 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Appropriate $372,134 from unreserved State Gas Tax funds; and approve a Contract with the Hazard Construction Company, in the amount of $543,650 to construct the Avenue 54 Pavement Rehabilitation Improvements, Project Number 2005-11. FISCAL IMPLICATIONS: The following represents the project's proposed funding and funding sources: State Gas Funds: $469,015 Surface Transportation Program (STP) $228,000 Total Necessary Funding: $697,015 Considering the low bid in the amount of $543,650, the following is the anticipated project budget: Construction: $543,650 Design: $25,000 Professional (Fed Docs/Env Doc) 10,000 Insp/Test/Survey: $43,000 Administration: $12,000. Contingency: $63,365 Total: $697,015 As illustrated, adequate funding is available to support staff's recommendation. CHARTER CITY IMPLICATIONS: None. This project is partially funded with state and federal monies. Therefore, the project was advertised with a prevailing wage requirement included in the contract specifications. BACKGROUND AND OVERVIEW: The proposed improvements include rehabilitating the pavement within the two existing east bound travel lanes on Avenue 54, from Jefferson Street to Madison Street:. The existing pavement is 30 feet wide and 5,280 feet long. The Riverside County Transportation Commission (RCTC) approved the Avenue 54 Pavement Rehabilitation Improvements for STP funding, in the amount of $228, 523, in April 2005. On May 17, 2005, the City Council adopted a Resolution approving the Fiscal Year 2005/2006 through 2009/2010 Capital Improvement Program (CIP). The Avenue 54 Pavement Rehabilitation Improvement is included within the adopted CIP and scheduled for funding within the Fiscal Year 2006/2007. On September 15, 2006, the City was notified by Caltrans that FHWA approved the C;ity's funding obligation request and authorized the City to proceed to construction. On October 19, 2006, eight sealed bids were received for the construction of this project. Hazard Construction submitted the lowest responsive bid in the amount of $543,650. A complete comparison of the bids received is provided at Attachment 1 for the City Council's review. Contingent upon City Council approval to award a contract to construct the proposed improvements on November 7, 2006, the following is the project schedule: City Council Awards Construction November 7, 2006 Sign Contracts and Mobilize November 8-30, 2006 Construction (30 Working Days) December 2006 — January 2007 Project Close-out/Acceptance February 2007 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Appropriate $372,134 from unreserved State Gas Tax funds; and approve a Contract with the Hazard Construction Company, in the amount of $543,650 to construct the Avenue 54 Pavement Rehabilitation Improvements, Project Number 2005-11; or 2. Do not appropriate $372,134 from unreserved State Gas Tax funds; and do not approve a Contract with the Hazard Construction Company, in the amount of $543,650 to construct the Avenue 54 Pavement Rehabilitation Improvements, Project Number 2005-11; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R . Jonasson, P.E . Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Bid Comparison Summary e[�$883«�� m8 w ari O C O N ti C k w Ed— g » C 0 w e �ugg8 Z2 v o _1 a° ��8�8g8Ma pig �. 0 E U CL U as �Q'.o«gin m m m adN- - Y o � h Nor Nw 6 o E �G pW� V4g5g«sip=»�$n QQ S �Q��25g QQQQQQgqgg S 258 °r° ova O°25 gg U" NS �4 .-1J J� H yHU V W pU VN f S m N: N GC - W t� z a V aym.� Vy S 'a . 2 8cox Viz- -- c&t!t 4 4vQ9mrw COUNCIL/RDA MEETING DATE: November 7, 2006 ITEM TITLE: Approval of a Request for Proposal to Obtain Architectural/Engineering Design Services to Prepare a Master Plan & Preliminary Site Plan for the City Maintenance Yard, Project No. 2006-05 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: r ' CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize staff to distribute a Request for Proposal (RFP) to obtain architectural/ engineering design services from qualified consultants to prepare a master plan and a preliminary site plan for the City's maintenance yard, Project No. 2006-05; and appoint a consultant selection committee. FISCAL IMPLICATIONS: The following represents the funding and funding source to prepare the Maintenance Facility Master Plan and Preliminary Site Plan: DIF - Maintenance Facility Impact Fees $75,000 There is currently $75,000 in the approved Fiscal Year 2006-2007 CIP budget. As illustrated, adequate funding is available to support staff's recommendation. CHARTER CITY IMPLICATIONS: None: with this action. The project is 100% funded with Development Impact Fund fees (DIF - Maintenance Facility) and will ultimately be constructed as a non - prevailing wage job, which may result in savings to the City. BACKGROUND AND OVERVIEW: The existing work includes preparing a master plan and a preliminary site plan for the maintenance yard facility located at 78-106 Frances Hack Lane. The master plan will identify and quantify the type of maintenance facility necessary to serve future development in the City of La Quinta. This master plan will not address the maintenance facility needs that will result with any annexations in the City's sphere of influence. Staff anticipates a separate facility would be required to economically maintain this area. On May 2, 2006, the City Council adopted a Resolution approving the Fiscal Year 2006/2007 through Fiscal Year 2010/2011 Capital Improvement Program (CIP). The Maintenance Yard Master Plan, Project No. 2006-05 is included within the adopted CIP and scheduled for funding during Fiscal Year 2006/2007. The RFP to obtain professional architectural/engineering services to prepare a master plan and a preliminary site plan has been prepared and is ready for distribution to qualified consultants. The RFP is provided for the City's Council's review as Attachment 1. The project area is shown on the Vicinity Map (Attachment 2). Staff expects to design and construct the permanent facility based on the master plan recommendations. The consultant selection process outlined within City Resolution No. 2005-096, adopted December 6, 2005, shall be followed. In accordance with Resolution 2005-096, the guidelines for major services will be followed as the estimated cost will exceed $50,000. Staff suggests the City Council appoint a consultant selection committee consisting of the following members: Tim Jonasson, P.E., Public Works Director/City Engineer, Nick Nickerson, NAI Consulting, Bryan McKinney, Engineering Services/CIP, Principal Engineer, James Lindsey, Maintenance Services Division Manager and Ann Weaver, Project Manager. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize staff to distribute a Request for Proposal (RFP) to obtain professional architectural/engineering design services from qualified consultants to prepare a master plan and a preliminary site plan for the City's maintenance yard, Project No. 2006-05; and appoint the recommended consultant selection committee; or 2. ®o not authorize staff to distribute a Request for Proposal (RFP) to obtain professional architectural/engineering design services from qualified consultants to prepare a master plan and a preliminary site plan for the City's maintenance yard, Project No. 2006-05; and do not appoint the recommended consultant selection committee; or 3. Provide staff with alternative direction. Respectfully submitted, Tifnothy R.,Jonasson, P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Request for Proposal (RFP) 2. Vicinity Map ATTACHMENT 1 City of La Quinta REQUEST FOR PROPOSALS (RFP) MAINTENANCE YARD MASTER PLAN Project Number 2006-05 am CITY OF LA QUINTA REQUEST FOR PROPOSAL MAINTENANCE YARD MASTER PLAN, PROJECT NO. 2006-05 The City of La Quinta requests proposals for architectural design services from qualified Architectural/Engineering professionals (Consultants) for professional and technical services to prepare a master plan and preliminary site plan for the City's maintenance yard complex. General Design Parameters The existing maintenance yard is located at 78-106 Frances Hack Lane, La Quinta 92253. There is also an entrance to the maintenance yard from Avenue 52 between Avenida Bermudas and Washington Street. A Vicinity Map is included as Attachment 1. The project includes preparing a master plan with a preliminary site plan which will identify and quantify the type of maintenance facility and amenities necessary to serve existing and future development in the City of La Quinta. The City's maintenance yard is a temporary facility that no longer meets the needs of the community. The City's maintenance yard requires permanent facilities, such as: offices, equipment wash racks and covered storage areas. The facilities addressed in this master plan have a citywide service area. Services Requested Services and products to be rendered in performing all work associated with project development may include, but may not be limited to: 1. Written analysis of existing needs - compares existing demand vs. existing facilities. The current full-time population of La Quinta is approximately 37,000. •b In the July 5, 2006 Development Impact Fee Study (DIF), the Public Works Department estimated that the existing maintenance facility is used to support 80% street maintenance operations and 20% for park maintenance operations. ❖ Include an existing site plan showing the location of all existing temporary and permanent structures and major utilities (i.e. water, sewer, electric). ❖ The Public Works Maintenance Services Division is the primary occupant and user of the existing maintenance facility site. Information regarding existing staffing will be provided to the consultant. Other users/occupants include: the City's Code Enforcement, Animal Control, Emergency Services, Community Services and Human Resource Departments. A County fire J .s station is located adjacent to the existing facility. It is important to note that this location will be used as a staging area in the event of a disaster or emergency. ❖ Include information gathered from interviews with key City staff. 2. Written analysis of future needs - compares future demand vs. future facility needs. ❖ This study should consider future development within the City's existing boundaries and is not intended to include the annexation of Vista Santa Rosa. ❖ Information regarding future staffing levels will be provided to the consultant. ❖ Include information gathered from interviews with key City staff. 3. Using the results from the existing and future analysis (above), prepare a master plan with recommendations and suggestions for City's consideration. ❖ Site Plan — footprint, program and furniture, fixture and equipment (FF&E) list for each structure. d• In general, the master plan and site plan should include the following: -Offices / Employee break room, lockers, restrooms & showers -Maintenance Facility - equipment storage; equipment repair -Equipment Wash Rack -Street Sweeping Handling Facility -Storage — paint, cleaning supplies & custodial room, hazardous materials -Climate Controlled Storage - for documents & plans -Irrigation Room - storage of parts & bench for repairs -Signage -Security & safety systems -Access to Avenue 52 through the site for the County fire station vehicles -Parking & Paving -Outdoor picnic area for employees -Technology (i.e. phones, computers, internet and email access, etc) 4. The: maintenance yard and amenities must meet all local, state & federal laws, rules and regulations (i.e. hazardous materials handling & storage, equipment wash pad, Americans with Disabilities Act Guidelines). The consultant will make contact with and research regulatory requirements surrounding street sweeping operations and gather information from other City street sweeping operations regarding design, cost and ongoing maintenance. 5. Consultant coordination will include an appropriate number of meetings with City staff. The consultant may be required to attend two (2) City Council meetings. Project Development Process 1. Pre -Design Meeting - initial meeting between the consultant and City staff to clarify project design objectives, including but not limited to: ❖ Meeting/interview with Public Works Director, Maintenance Services Division Manager, Engineering Services/CIP Division Manager and Project Manager; •3 Meeting/interviews with Maintenance Services Division Manager and key staff members; ❖ Meeting/interviews with other stakeholders (i.e. Community Services Department, Building & Safety Department, Code Enforcement). 2. City Approval A. Consultant will submit twelve (12) copies of the draft master plan and site plan for review and comment by City staff. B. Based upon comments received from the City, consultant will revise the draft master plan and site plan and resubmit twenty (20) copies. C. Staff approved master plan and site plan will be presented to the City Council as a study session item for review and comment. D. Consultant will make final changes and submit twenty (20) copies of the final version of the master plan and site plan. Consultant will provide camera ready copy in computer software versions that are compatible with existing City software. 3. Proposal Format Proposals (work proposal and cost proposal) are to be submitted in separate envelopes clearly marked with the consultants name, address and phone number. Only one proposal per consultant will be considered. Proposal packages are to be submitted to the City on/or before December 8, 2006 at/or before 5:00 p.m. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: Ann Weaver, Project Manager City of La Quinta Public Works Department 78-495 Calle Tampico La Quinta, CA 92253 Consultants are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall include the following items: - ` A. Work Proposal (envelope 1) - submit 5 copies 1. Cover Letter ❖ The name, address and phone number of the consultant's contact person for the remainder of the selection process. ❖ Any qualifying statements or comments regarding the consultant's proposal, the information provided in the RFP or the proposed contract. ❖ Identification of sub -consultants and their responsibilities. 2. Statement of Qualifications ❖ A listing of proposed project personnel, including personal experiences and individual resumes for prime and sub - consultants. ❖ Consultant's and sub -consultant experience with similar work, including names and current phone numbers of reference for listed projects. B. Project Understanding and Approach - a description of your project understanding, and how you will approach the project. C. Scope of Work Program - a description of the tasks, sub -tasks, and deliverables that will be provided. D. Project Schedule - a comprehensive Critical Path Method (CPM) schedule is to be submitted describing the nature and scheduling of proposed tasks and reflecting January 8, 2007 as the start date. E. Cost Proposal (envelope 2) - submit 5 cop ies The consultant is to submit a detailed cost proposal for all services and materials anticipated in completing the project. Man-hours and extended billing rates per classification of personnel will be indicated for each task and/or sub -task defined. Selection Process Work Programs will be reviewed by a Consultant Selection Committee. The Committee will rank the consultants for contract negotiations based upon the materials submitted within the Work Proposal. The Committee may or may not choose to interview two or more closely -rated firms, but will not expect or schedule time for elaborate presentations. Cost proposals will be opened only after the ranking process is complete. - fi The City will open contract negotiations with the top -ranked firm. The successful consultant will be expected to enter into the attached Professional Services Agreement (PSA). The PSA is presented at Attachment 2. City Rights and Options This solicitation does not commit the City of La Quinta to award a contract, to pay any cost incurred with the preparation of a qualifications statement, or to procure or contract for services or supplies. The City of La Quinta reserves the right to accept or reject any or all submittals received in response to this request, to negotiate with any qualified source, or cancel in whole or part this process if it is in the best interest of the City to do so. Subsequent to negotiations, prospective consultants may be required to submit revisions to their qualification statements. All proposers should note that any contract pursuant to this solicitation is dependent upon the recommendation of the City staff and the approval of the City Council. The City of La Quinta reserves the right to postpone selection for its own convenience, to withdraw this Request for Proposal at any time, and to reject any and all submittals without indicating any reason for such rejection. As a function of the RFP process, the City of La Quinta reserves the right to remedy technical errors in response to the RFP and to modify the published scope of services. The City of La Quinta will reserve the right to request that specific personnel with specific expertise be added to the team, if the City determines that specific expertise is lacking in the project team. Statements and other materials submitted will not be returned. The City of La Quinta reserves the right to abandon this RFP process and/or change its procurement process for the contract at any time if it is determined that abandonment and/or change would be in the City's best interest. In the event of an abandonment or change, the City will not be liable to any contractor for any costs or damages arising out of its response to the RFP. CITY OF LA QUINTA COST PROPOSAL SHEET h MAINTENANCE YARD MASTER PLAN - PROJECT NO. 2006-05 The following is a summary of costs to provide the services outlined in the Request for Proposals for professional engineering consultants to prepare the Maintenance Yard Master Plan and a Site Plan, and will be used as the basis for negotiating a Professional Services Agreement: Work Objectives Proposed Cost 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. TOTAL LUMP SUM FIXED FEE: $ Consultant may include as many, or as few, work objectives it believes are necessary to complete the project. Attached herein is a detailed man-hour and fee breakdown for the tasks and sub - tasks defined in our proposal. Prime Consultant Signed Date l PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into y and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and ("Consultant"). The parties hereto agree as follows: .0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, :onsultant shall provide those services related to , Project No. , as specified in the "Scope of Services" attached ereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). :onsultant warrants that all services will be performed in a competent, professional and atisfactory manner in accordance with the standards prevalent in the industry for such ervices. 1.2 Compliance with Law. All services rendered hereunder shall be provided in ccordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of a Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, :onsultant shall obtain at its sole cost and expense such licenses, permits and approvals as may e required by law for the performance of the services required by this Agreement. Consultant hall have the sole obligation to pay for any fees, assessments and taxes, plus applicable enalties and interest, which may be imposed by law and arise from or are necessary for the erformance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it as thoroughly investigated and considered the work to be performed, (b) it has investigated the ite of the work and fully acquainted itself with the conditions there existing, (c) it has carefully onsidered how the work should be performed, and (d) it fully understands the facilities, ifficulties and restrictions attending performance of the work under this Agreement. Should :onsultant discover any latent or unknown conditions materially differing from those inherent in -ie work or as represented by City, Consultant shall immediately inform City of such fact and hall not proceed except at Consultant's risk until written instructions are received from the :ontract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the agreement 'to furnish continuous protection to the work performed by Consultant, and the quipment, materials, papers and other components thereof to prevent losses or damages, and hall be responsible for all such damages, to persons or property, until acceptance of the work y City, except such losses or damages as may be caused by City's own negligence. The erformance of services by Consultant shall not relieve Consultant from any obligation to correct ny incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies re due to the negligence of Consultant. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, :onsultant shall perform services in addition to those specified in the Scope of Services when irected to do so by the Contract Officer, provided that Consultant shall not be required to erform any, additional services without compensation. Any addition in compensation not xceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. any greater increase must be approved by the City Council. 1.7 j)ecial Requirements. Additional terms and conditions of this Agreement, if any, ✓hich are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the vent of a conflict between the provisions of the Special Requirements and any other provisions f this Agreement, the provisions of the Special Requirements shall govern. .0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant hall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a )tal amount not to exceed Dollars ($ ) (the "Contract Sum"), except as provided in Section 1.6. The method of ompensation set forth in the Schedule of Compensation may include a lump sum payment upon ompletion, payment in accordance with the percentage of completion of the services, payment )r time and materials based upon Consultant's rate schedule, but not exceeding the Contract um, or such other methods as may be specified in the Schedule of Compensation. ;ompensation may include reimbursement for actual and necessary expenditures for ;production costs, transportation expense, telephone expense, and similar costs and expenses rhen and if specified in the Schedule of Compensation. 2.2 Methcd of Payment. Any month in which Consultant wishes to receive payment, onsultant shall submit to City no later than the tenth (10th) working day of such month, in the )rm approved by City's Finance Director, an invoice for services rendered prior to the date of ie invoice. Such invoice shall (1) describe in detail the services provided, including time and iaterials, and (2) specify each staff member who has provided services and the number of ours assigned to each such staff member. Such invoice shall contain a certification by a rincipal member of Consultant specifying that the payment requested is for work performed in ccordance with the terms of this Agreement. City will pay Consultant for all expenses stated iereon which are approved by City pursuant to this Agreement no later than the last working ay of the month. 0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the.performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be erformed diligently and within the time period established in Exhibit "C" (the "Schedule of erformance"). Extensions to the time period specified in the Schedule of Performance may be pproved in writing by the Contract Officer. 3.3 Force Maieure. The time period specified in the Schedule of Performance for erformance of the services rendered pursuant to this Agreement shall be extended because of ny delays due to unforeseeable causes beyond the control and without the fault or negligence f Consultant, including, but not restricted to, acts of God or of the public enemy, fires, arthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of ny governmental agency other than City, and unusually severe weather, if Consultant shall rithin ten (10) days of the commencement of such delay notify the Contract Officer in writing f the causes of the delay. The Contract Officer shall ascertain the facts and the extent of elay, and extend the time for performing the services for the period of the forced delay when nd if in his or her judgment such delay is justified, and the Contract Officer's determination hall be final and conclusive upon the parties to this Agreement. 3.4 Term. The term of this agreement shall commence on I , 200_ and �rminate on _ 200_6nitial term). This agreement may be extended for dditional year(s) upon mutual agreement by both parties (extended term). Unless earlier 3rminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall ontinue in full force and effect until completion of the services, except as otherwise provided in -ie Schedule: of Performance. 0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby esignated as being the principals and representatives of Consultant authorized to act in its ehalf with respect to the work specified herein and make all decisions in connection therewith: a. It is expressly understood that the experience, knowledge, capability, and reputation f the foregoing principals were a substantial inducement for City to enter into this Agreement. 'herefore, the foregoing principals shall be responsible during the term of this Agreement for irecting all activities of Consultant and devoting sufficient time to personally supervise the ervices hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be ssigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be or such other erson as may be designated by the City Manager of City. It shall be Consultant's responsibility :) assure that the Contract Officer is kept informed of the progress of the performance of the ervices and Consultant shall refer any decisions, which must be made by City to the Contract Ifficer. Unless otherwise specified herein, any approval of City required hereunder shall mean ie approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, apability and reputation of Consultant, its principals and employees were a substantial iducement for City to enter into this Agreement. Except as set forth in this Agreement, :onsultant shall not contract with any other entity to perform in whole or in part the services Squired hereunder without the express written approval of City. In addition, neither this ►greement nor any interest herein may be assigned or transferred, voluntarily or by operation of iw, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control ver the manner, mode or means by which Consultant, its agents or employees, perform the ervices required herein, except as otherwise set forth. Consultant shall perform all services squired herein as an independent contractor of City and shall remain at all times as to City a vholly independent contractor with only such obligations as are consistent with that role. ra J J :onsultant shall not at any time or in any manner represent that it or any of its agents or mployees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, tatistics, records or other data or information pertinent to services to be performed hereunder ✓hich are reasonably available to Consultant only from or through action by City. .0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work erformed under this Agreement, Consultant shall procure and maintain, at its cost, and submit oncurrently with its execution of this Agreement, personal and public liability and property amage insurance against all claims for injuries against persons or damages to property resulting -om Consultant's acts or omissions rising out of or related to Consultant's performance under its Agreement. The insurance policy shall contain a severability of interest clause providing iat the coverage shall be primary for losses arising out of Consultant's performance hereunder nd neither City nor its insurers shall be required to contribute to any such loss. A certificate videncing the foregoing and naming City and its officers and employees as additional insured hall be delivered to and approved by City prior to commencement of the services hereunder. he amount of insurance required hereunder shall be determined by the Contract Sum in ccordance with the following table: :ontract Sum Personal Injury/Property Damage Coverage ess than $50,000 $100,000 per individual; $300,000 per occurrence 50,000 - $300,000 $250,000 per individual; $500,000 per occurrence aver $300,000 $500,000 per individual; $1,000,000 per occurrence onsultant shall carry automobile liability insurance of $1,000,000 per accident against all laims for injuries against persons or damages to property arising out of the use of any utomobile by Consultant, its officers, any person directly or indirectly employed by Consultant, ny subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly r indirectly out of or related to Consultant's performance under this Agreement. If Consultant r Consultant's employees will use personal autos in any way on this project, Consultant shall rovide 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 )r travel on public roads. The automobile insurance policy shall contain a severability of iterest clause providing that coverage shall be primary for losses arising out of Consultant's erformance hereunder and neither City nor its insurers shall be required to contribute to such ,ss. A certificate evidencing the foregoing and naming City and its officers and employees as dditional insured shall be delivered to and approved by City prior to commencement of the ervices hereunder. onsultant shall carry Workers' Compensation Insurance in accordance with State Worker's ompensation laws with employer's liability limits no less than $1,000,000 per accident or isease. rofessional Liability or Errors and Omissions Insurance as appropriate shall be written on a olicy form coverage specifically designed to protect against acts, errors or omissions of the onsultant and "Covered Professional Services" as designated in the policy must specifically iclude work performed under this agreement. The policy limit shall be no less than $1,000,000 er claim and in the aggregate. The policy must "pay on behalf of" the insured and must iclude a provision establishing the insurer's duty to defend. The policy retroactive date shall be n or before the effective date of this agreement. isurance procured pursuant to these requirements shall be written by insurers that are admitted arriers in the State of California and with an A.M. Bests rating of "A" or better and a minimum nancial size VII. ,II insurance required by this Section shall be kept in effect during the term of this Agreement nd shall not be cancelable without thirty (30) days written notice to City of proposed ancellation. The procuring of such insurance or the delivery of policies or certificates videncing the same shall not be construed as a limitation of Consultant's obligation to idemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. a. Indemnification for Professional Liability. When the law establishes a professional tandard of care for Consultant's Services, to the fullest extent permitted by law, Consultant hall indemnify, protect, defend and hold harmless City and any and all of its officials, mployees and agents ("Indemnified Parties") from and against any and all losses, liabilities, amages, costs and expenses, including attorney's fees and costs to the extent same are cause i whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, gents, employees or subconsultants (or any entity or individual that Consultant shall bear the :gal liability thereof) in the performance of professional services under this agreement. With aspect to the design of public improvements, the Consultant shall not be liable for any injuries r property damage resulting from the reuse of the design at a location other than that specified i Exhibit C without the written consent of the Consultant. b. Indemnification for Other Than Professional Liability. Other than in the performance f professional services and to the full extent permitted by law, Consultant shall indemnify, efend and hold harmless City, and any and all of its employees, officials and agents from and gainst any liability (including liability for claims, suits, actions, arbitration proceedings, dministrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, thether actual, alleged or threatened, including attorney's fees and costs, court costs, interest, efense costs, and expert witness fees), where the same arise our of, are a consequence of, or re in any way attributable to, in whole or in part, the performance of this Agreement by onsultant or by any individual or entity for which Consultant is legally liable, including but not ,nited to officers, agents, employees or subconsultants of Consultant. C. General Indemnification Provisions. Consultant agrees to obtain executed indemnity greements with provisions identical to those set forth here in this section from each and every ibconsultant or any other person or entity involved by, for with or on behalf of Consultant in ie performance of this agreement. In the event Consultant fails to obtain such indemnity bligations from others as required here, Consultant agrees to be fully responsible according to ie terms of this section. Failure of City to monitor compliance with these requirements nposes no additional obligations on City and will in no way act as a waiver of any rights ereunder. This obligation to indemnify and defend City as set forth here is binding on the uccessors, assigns or heirs of Consultant and shall survive the termination of this agreement or its section. d. Indemnity Provisions for Contracts Related to Construction. Without affecting the ghts of City under any provision of this agreement, Consultant shall not be required to idemnify and hold harmless City for liability attributable to the active negligence of City, rovided such active negligence is determined by agreement between the parties or by the ndings of a court of competent jurisdiction. In instances where City is shown to have been ctively negligent and where City's active negligence accounts for only a percentage of the ability involved, the obligation of Consultant will be for that entire portion or percentage of ability not attributable to the active negligence of City. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to rovide or maintain any insurance policies or policy endorsements to the extent and within the me herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. xercise of any of the above remedies, however, is an alternative to any other remedies City iay have. The above remedies are not the exclusive remedies for Consultant's failure to iaintain or secure appropriate policies or endorsements. Nothing herein contained shall be onstrued as limiting in any way the extent to which Consultant may be held responsible for ayments of damages to persons or property resulting from Consultant's or its subcontractors' erformance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. :onsultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage squired herein to include as additional insureds City, its officials, employees and agents, using tandard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees :) require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit :onsultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to loss. Consultant agrees to waive subrogation rights against City regardless of the applicability f any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to ,iis agreement are intended to apply to the full extent of the policies. Nothing contained in this agreement or any other agreement relating to the City or its operations limits the application of uch insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if -iey include any limiting endorsement of any kind that has not been first submitted to City and pproved of in writing. 5. No liability policy shall contain any provision or definition that would serve to liminate so-called "third party action over" claims, including any exclusion for bodily injury to n employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and dditional requirements by the City, as the need arises. Consultant shall not make any ;ductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery eriod) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of isurance evidencing all of the coverages required and an additional insured endorsement to :onsultant's general liability policy, shall be delivered to City at or prior to the execution of this ,greement. In the event such proof of any insurance is not delivered as required, or in the vent such insurance is canceled at any time and no replacement coverage is provided, City has ie right , but not the duty, to obtain any insurance it deems necessary to protect its interests nder this or any other agreement and to pay the premium. Any premium so paid by City shall e charged to and promptly paid by Consultant or deducted from sums due Consultant, at City ption. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City f any cancellation of coverage. Consultant agrees to require its insurer to modify such ertificates to delete any exculpatory wording stating that failure of the insurer to mail written otice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to eing required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage squired to be provided by Consultant or any subcontractor, is intended to apply first and on a rimary, non-contributing basis in relation to any other insurance or self insurance available to ity. 10. Consultant agrees to ensure that subcontractors, and any other party involved with ie project who is brought onto or involved in the project by Consultant, provide the same iinimum insurance coverage required of Consultant. Consultant agrees to monitor and review II such coverage and assumes all responsibility for ensuring that such coverage is provided in Dnformity with the requirements of this section. Consultant agrees that upon request, all greements with subcontractors and others engaged in the project will be submitted to City for :view. 11. Consultant agrees not to self -insure or to use any self -insured retentions or aductibles on any portion of the insurance required herein and further agrees that it will not low any contractor, subcontractor, Architect, Engineer or other entity or person in any way evolved in the performance of work on the project contemplated by this agreement to self- isure its obligations to City, If Consultant's existing coverage includes a deductible or self- isured retention, the deductible or self -insured retention must be declared to the City. At that me the City shall review options with the Consultant, which may include reduction or limination of the deductible or self -insured retention, substitution of other coverage, or other olutions. 12. The City reserves the right at any time during the term of the contract to change the mounts and types of insurance required by giving the Consultant ninety (90) days advance ✓ritten notice of such change. If such change results in substantial additional cost to the :onsultant, -the City will negotiate additional compensation proportional to the increased benefit a City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to ave been executed immediately upon any party hereto taking any steps that can be deemed to e in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of :ity to inform Consultant of non-compliance with any insurance requirement in no way imposes ny additional obligations on City nor does it waive any rights hereunder in this or any other sgard. 15. Consultant will renew the required coverage annually as long as City, or its employees r agents face an exposure from operations of any type pursuant to this agreement. This bligation applies whether or not the agreement is canceled or terminated for any reason. ermination of this obligation is not effective until City executes a written statement to that ffect. 16. Consultant shall provide proof that policies of insurance required herein expiring during -ie term of this Agreement have been renewed or replaced with other policies providing at least le same coverage. Proof that such coverage has been ordered shall be submitted prior to xpiration. A coverage binder or letter from Consultant's insurance agent to this effect is cceptable. A certificate of insurance and/or additional insured endorsement as required in iese specifications applicable to the renewing or new coverage must be provided to City within ve (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the bligations of Consultant under this agreement. Consultant expressly agrees not to use any tatutory immunity defenses under such laws with respect to City, its employees, officials and gents. 18. Requirements of specific coverage features or limits contained in this section are not itended as limitations on coverage, limits or other requirements nor as a waiver of any overage normally provided by any given policy. Specific reference to a given coverage feature for purposes of clarification only as it pertains to a given issue, and is not intended by any arty or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other rovision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this kgreement to the extent that any other section or provision conflicts with or impairs the rovisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party evolved in any way with the project reserves the right to charge City or Consultant for the cost f additional insurance coverage required by this agreement. Any such provisions are to be eleted with reference to City. It is not the intent of City to reimburse any third party for the ost of complying with these requirements. There shall be no recourse against City for payment ,f premiums or other amounts with respect thereto. ;onsultant agrees to provide immediate notice to City of any claim or loss against Consultant irising out of the work performed under this agreement. City assumes no obligation or liability iy such notice, but has the right (but not the duty) to monitor the handling of any such claim or ;laims if they are likely to involve City. W RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such eports concerning Consultant's performance of the services required by this Agreement as the ;ontract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to >erform the services required by this Agreement and enable the Contract Officer to evaluate the :ost and the performance of such services. Books and records pertaining to costs shall be kept ind prepared in accordance with generally accepted accounting principals. The Contract Officer ;hall have full and free access to such books and records at all reasonable times, including the ight to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, iocuments ;and other materials, whether in hard copy or electronic form, which are prepared by :onsultant, its employees, subcontractors and agents in the performance of this Agreement, ;hall be the property of City and shall be delivered to City upon termination of this Agreement or ipon the earlier request of the Contract Officer, and Consultant shall have no claim for further ;mployment or additional compensation as a result of the exercise by City of its full rights of )wnership of the documents and materials hereunder. Consultant shall cause all subcontractors :o assign to City any documents or materials prepared by them, and in the event Consultant ails to secure such assignment, Consultant shall indemnify City for all damages suffered :hereby. In the event City or any person, firm or corporation authorized by City reuses said Documents and materials without written verification or adaptation by Consultant 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 Consultant from iability resulting from said change. The provisions of this clause shall survive the completion of Ns Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement hall not be released publicly without the prior written approval of the Contract Officer or as -quired by law. Consultant shall not disclose to any other entity or person any information -garding the activities of City, except as required by law or as authorized by City. '.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to alidity and -to performance of the parties in accordance with the laws of the State of California. egal actions concerning any dispute, claim or matter arising out of or in relation to this kgreement shall be instituted in the Superior Court of the County of Riverside, State of :alifornia, or any other appropriate court in such county, and Consultant covenants and agrees o submit to the personal jurisdiction of such court in the event of such action. 7.2 Dis utes. In the event of any dispute arising under this Agreement, the injured party hall notify the injuring party in writing of its contentions by submitting a claim therefore. The ijured party shall continue performing its obligations hereunder so long as the injuring party ommences to cure such default within ten (10) days of service of such notice and completes he cure of such default within forty-five (45) days after service of the notice, or such longer ieriod as may be permitted by the Contract Officer; provided that if the default is an immediate langer to the health, safety and general welfare, City may take such immediate action as City leems warranted. Compliance with the provisions of this section shall be a condition precedent o termination of this Agreement for cause and to any legal action, and such compliance shall iot be a waiver of any party's right to take legal action in the event that the dispute is not :ured, provided that nothing herein shall limit City's right to terminate this Agreement without ;ause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably )elieves were suffered by City due to the default of Consultant in the performance of the ;ervices required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non lefaulting party on any default shall impair such right or remedy or be construed as a waiver. ',ity's consent or approval of any act by Consultant requiring City's consent or approval shall iot be deemed to waive or render unnecessary City's consent to or approval of any subsequent ict of Consultant. Any waiver by either party of any default must be in writing and shall not be i 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 ,xpressly declared to be exclusive in this Agreement, the rights and remedies of the parties are ,umulative and the exercise by either party of one or more of such rights or remedies shall not )reclude the; exercise by it, at the same or different times, of any other rights or remedies for he 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, at law or at equity, to cure, correct or remedy any default, to recover damages for any () "", ... - ',J i9 4 efault, to compel specific performance of this Agreement, to obtain injunctive relief, or to btain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination f this Agreement, except as specifically provided in the following Section 7.8 for termination or cause. City reserves the right to terminate this Agreement at any time, with or without ause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of ermination, Consultant shall immediately cease all services hereunder except such as may be pecifically approved by the Contract Officer. Consultant shall be entitled to compensation for II services rendered prior to receipt of the notice of termination and for any services authorized ,y the Contract Officer thereafter in accordance with the Schedule of Compensation or such as lay be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of :onsultant to fulfill its obligations under this Agreement, City may, after compliance with the irovisions of Section 7.2, take over work and prosecute the same to completion by contract or itherwise, and Consultant shall be liable to the extent that the total cost for completion of the ervices required hereunder exceeds the compensation herein stipulated (provided that City shall ise reasonable efforts to mitigate such damages), and City may withhold any payments to :onsultant for the purpose of setoff or partial payment of the amounts owed City as previously tated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising iut of or in connection with this Agreement, the prevailing party shall be entitled to recover easonable attorneys' fees and costs of suit from the losing party. LO CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be ►ersonally liable to Consultant, or any successor in interest, in the event or any default or )reach by City or for any amount which may become due to Consultant or to its successor, or or breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, iirect or indirect, in this Agreement nor shall any such officer or employee participate in any iecision relating to the Agreement which affects his or her personal interest or the interest of my corporation, partnership or association in which she or he is, directly or indirectly, nterested, in violation of any State statute or regulation. Consultant warrants that it has not )aid or given and will not pay or give any third party any money or general consideration for )btaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its ►eirs, executors, assigns, and all persons claiming under or through them, that there shall be no l;iscrimination against or segregation of, any person or group of persons on account of race, ,olor, creed, religion, sex, marital status, national origin or ancestry in the performance of this \greement. Consultant shall take affirmative action to insure that applicants are employed and l hat employees are treated during employment without regard to their race, color, creed, eligion, sex, marital status, national origin or ancestry. 1.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either tarty desires or is required to give the other party or any other person shall be in writing and zither served personally or sent by prepaid, first-class mail to the address set forth below. :ither party may change its address by notifying the other party of the change of address in vriting. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if nailed as provided in this section. To City: To Consultant: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties ind all previous understanding, negotiations and agreements are integrated into and superseded )y this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent >f the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, )aragraphs, or sections contained in this Agreement shall be de6ared invalid or unenforceable )y a valid judgment or decree of a court of competent jurisdiction, such invalidity or inenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, )r sections of this Agreement which are hereby declared as severable and shall be interpreted to tarry out the intent of the parties hereunder. 9.5 ,Authority. The persons executing this Agreement on behalf of the parties hereto Narrant that they are duly authorized to execute this Agreement on behalf of said parties and :hat by so executing this Agreement the parties hereto are formally bound to the provisions of :his Agreement. IN WITIVESS WHEREOF, the parties have executed this Agreement as of the dates stated Below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date ATTEST: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: By: Name: Title: Date: Exhibit A Scope of Services Exhibit B Schedule of Compensation Payment shall be on a "Fixed Fee" basis in accordance with the Consultants Schedule of Compensation attached herewith for the work tasks performed in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed ($ ) except as specified in Section Agreement. 1.6 - Additional Services of the Exhibit C Schedule of Performance Consultants Project Schedule is attached and made a part of this agreement. Consultant shall complete services presented within the scope of work contained within Exhibit "A" in accordance with the attached project schedule. Exhibit D Special Requirements :get. � ow5 4 4P Qg&r,5u AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: November 7, 2006 BUSINESS SESSION: ITEM TITLE: Approval of the Project Specifications and .- Bid Documents and Authorization to Advertise for Bid CONSENT CALENDAR: the Fiscal Year 2006/2007 Slurry Seal and Restriping STUDY SESSION: Program, Project Number 2006-01 PUBLIC HEARING: RECOMMENDATION: Approve the project specifications and bid documents and authorization to advertise for bid the Fiscal Year 2006/2007 Slurry Seal and Restriping Program, Project Number 2006-01. FISCAL IMPLICATIONS: The project is included within the Public Works Department Operational Budget for Fiscall Year 2006/2007. An amount of $864,368 (Account Number 101-7003- 431.34-04) is available for this work. This account also provides the funds for the update of the City's Pavement Management Program. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In 2003, the City Council directed staff to implement an Annual Pavement Preservation and Maintenance Program (PMP) maintaining an average PCI rating of 80 or better. The F'MP is a Citywide survey that includes visual inspections of each City maintained street and a street inventory, which includes street widths, lane widths, number of lanes, functional classification, date and type of construction, as well as last known surface treatment. The (First Slurry Seal Project was completed in January 2005 under the PMP. This project is the second project that is utilizing the PMP to maintain high quality streets within the City of La Quinta. This project will slurry seal just under 5 million square feet of street surface and provides for restriping the streets after the slurry seal is complete. If necessary, streets that are not slurry sealed will also be re -striped as part of this; project. Attached is the list of streets to be slurry sealed (Attachment 1). The project specifications and bid documents for the City's Fiscal Year 2006/2007 Slurry Seal and Restriping Program, Project Number 2006-01 are available for review within the City's Public Works Department. Contingent upon City Council approval and authorization to advertise for bid on November 7, 2006, the following is the project schedule: City Council Authorization to Advertise for Bid November 7, 2006 Project Advertisement November 9 — December 7, 2006 Construction (45 days) January — February 2007 Accept Improvements March 2007 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the project specifications and bid documents and authorization to advertise for bid the Fiscal Year 2006/2007 Slurry Seal and Restriping Program, Project Number 2006-01; or 2. Do not approve the project specifications and bid documents and do not authorize staff to advertise for bid the Fiscal Year 2006/2007 Slurry Seal and Restriping Program, Project Number 2006-01; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. J"onasson, P.E. Public Works Director/City Engineer Approved for submission by: r-� Thomas P. Genovese, City Manager Attachment: 1 . List of streets to be slurry sealed • a b ATTACHMENT 1 PROJECT LOCATIONS AND LIMITS STREET NAME LANES FROM TO SQUARE FEET Adams Street NB/SB Hwy 111 n/s Westward Ho Drive 102,600 Adams Street NB/SB Miles Ave n/s La Palma Drive s/s 98,475 Adams Street NB/SB La Palma Drive s/s Fred Waring Drive s/s 48,300 Alden Circle EB/WB Seeley Drive End 20,880 Arbola Circle EB/WB Fronterra Drive CDS 13,719 Arosa Way Villeta Drive s/s La Palma Drive n/s 10,080 Arosa Way La Palma Drive s/s Sanita Drive n/s 10,440 Ashley Place EB/WB Carrie Lane e/s Ashley Way e/s 28,800 Ashley Way NB/SB Ashley Place n/s Desert Stream Drive s/s 7,740 Ashwood Court NB/SB Bayberry Avenue s/s CDS 8,559 Avenida Alvarado NB/SB Calle Durango n/s Calle Sinaloa s/s 19,840 Avenida Alvarado NB/SB Calle Sinaloa n/s Avenida Montezuma s/s 20,800 Avenida Alvarado NB/SB Avenida Montezuma n/s Calle Yucatan s/s 12,800 Avenida Carranza NB/SB Calle Durango n/s Calle Sinaloa s/s 19,680 Avenida Carranza NB/SB Calle Sinaloa n/s Avenida Montezuma s/s 38,400 Avenida Carranza NB/SB Avenida Montezuma n/s CDS 20,960 Avenida Cortez NB/SB Calle Durango n/s Calle Sinaloa s/s 20,000 Avenida Diaz NB/SB Calle Durango n/s Calle Sinaloa s/s 19,840 Avenida Diaz NB/SB Calle Sinaloa n/s Avenida Montezuma s/s 14,400 Avenida Diaz NB/SB Avenida Montezuma n/s Calle Yucatan s/s 22,080 Avenida Juarez NB/SB Calle Durango n/s Calle Sinaloa s/s 19,840 Avenida Juarez NB/SB Calle Sinaloa n/s Avenida Montezuma s/s 12,160 Avenida Juarez NB/SB Avenida Montezuma n/s Calle Yucatan s/s 23,680 Avenida La Fonda EB/WB Desert Club Drive e/s Washington Street w/s 63,680 Avenida Madero NB/SB Calle Durango n/s Calle Sinaloa s/s 20,460 Avenida Madero NB/SB Calle Sinaloa n/s Avenida Montezuma s/s 9,900 Avenida Montezuma NB/SB Calle Ensenada s/s Calle Durango n/s 39,750 Avenida Montezuma NB/SB Calle Durango n/s Avenida Rubio w/s 64,050 Avenida Montezuma EB/WB Avenida Rubio w/s Avenida Carranza w/s 37,120 Avenida Montezuma EB/WB Avenida Carranza w/s Eisenhower Drive w/s 47,175 Avenida Montezuma EB/WB Avenida Juarez w/s Avenida Alvarado w/s 30,400 Avenida Morales NB/SB Avenida Montezuma s/s Calle Durango n/s 19,200 Avenida Obre on NB/SB Calle Durango n/s Calle Sinaloa s/s 19,840 Avenida Obre on NB/SB Calle Sinaloa n/s Avenida Montezuma s/s 28,000 Avenida Obre on NB/SB Avenida Montezuma n/s Avenida Montezuma res s 2,880 Avenida Obre on NB/SB Avenida Alvarado w/s CDS 18,763 Avenida Ramirez NB/SB Calle Durango n/s Calle Sinaloa s/s 19,520 Avenida Ramirez NB/SB Calle Sinaloa n/s Avenida Montezuma s/s 41,120 Avenida Ramirez NB/SB Avenida Montezuma n/s CDS 22,624 Avenida Rubio NB/SB Calle Duran o n/s Calle Sinaloa s/s 19,680 Avenida Rubio NB/SB Calle Sinaloa n/s Avenida Montezuma s/s 17,120 Avenida Rubio NB/SB Avenida Montezuma n/s Calle Yucatan s/s 19,680 Avenida Vallejo NB/SB Calle Durango n/s Calle Sinaloa s/s 20,625 Avenida Vallejo NB/SB Calle Sinaloa n/s Avenida Montezuma 42,735 Avenida Vallejo NB/SB Avenida Montezuma n/s CDS 24,340 Avenida Velasco NB/SB Calle Sonora s/s Calle Durango n/s 18,400 Avenida Velasco NB/SB Calle Durango s/s Calle Sinaloa n/s 19,840 Avenida Velasco NB/SB Avenida Montezuma n/s CDS 23,549 Avenue 47 EB/WB Washington Street e/s Adams Street w/s 108,145 Bayberry Lane EB/WB Coldbrook Lane e/s Deerbrook Lane w/s 30,600 Bayberry Lane EB/WB Deerbrook Lane e/s Sunbrook Lane w/s 7,920 Bayberry Lane EB/WB Sunbrook Lane e/s Adams Street w/s 4,680 Birchcrest Circle NB/SB Bayberry Lane n/s Bayberry Lane n/s 44,800 Blazing Star Lane NB/SB Star Flower Trail n/s Buttercup Lane w/s 38,160 Blazing Star Lane EB/WB Buttercup Lane w/s Dune Palms Road e/s 29,520 Bradford Circle Seeley Drive End 23,040 Brid ette Way NB/SB Desert Stream n/s Miles Avenue s/s 54,000 Buttercu Lane NB/S13 lEnd Blazing Star Trail n/s 14,400 IV Buttercup Lane NB/SB I Blazing Star Trail s/s Marigold Lane n/s 13,440 Calico Circle NB/SB Blazing Star Trail n/s CDS 19,159 Calle Durano NB/SB Eisenhower Drive e/s Avenida Bermudas w/s 40,000 Calle Guatemala NB/SB Avenida Nuestra n/s Avenida La Fonda s/s 19,840 Calle Hidalgo EB/WB Avenida Obre on e/s Avenida Carranza w/s 7,200 Calle Hidalgo EB/WB Avenida Carranza e/s Avenida Ramirez w/s 7,040 Calle Hidalgo EB/WB lAvenida Ramirez e/s Avenida Vallejo w/s 7,040 Calle Hidalgo EB/WB jAvenida Vallejo e/s Avenida Herrera w/s 7,040 Calle Hidalgo EB/WB jAvenida Herrera e/s Avenida Velasco w/s 7,040 Calle Hidalgo EB/WB jAvenica Velasco e/s Eisenhower Drive w/s 7,040 Calle Hueneme NB/SB Avenida Nuestra n/s Avenida La Fonda s/s 19,840 Calle Iloilo NB/SB Avenida Nuestra n/s Avenida La Fonda s/s 19,840 Calle Jacumba NB/SB Avenida La Fonda s/s Avenida Nuestra n/s 19,840 Calle Kalima NB/SB Avenida Nuestra n/s CDS 22,999 Calle Tampico EB/WB Eisenhower Drive e/s Avenida Bermudas w/s 77,880 Calle Yucatan Avenida Alvarado w/s Avenida Juarez e/s 27,040 Cameo Palm Drive Singing Palms s/s Highland Palms n/s 55,680 Camino Azul NB/SB CDS Camino Rosada n/s 33,230 Camino Del Oro EB/WB Ocotillo Drive w/s Camino Azul e/s 21,600 Camino La Cresta NB/SB Camino Del Oro n/s CDS 16,439 Canterra Drive EB/WB Ocotillo Drive e/s CDS 14,999 Canterra Drive EB/WB Ocotillo Drive w/s Mila o Drive 20,480 Carmen Place NB/SB Villeta Drive n/s CDS 12,525 Carnes Circle: EB/WB Seeley Drive CDS 19,800 Carrie Lane NB/SB Victoria Drive s/s Ashley Place s/s 18,900 Cindy Court EB/WB Debbie Drive w/s CDS 14,679 Coldbrook Lane NB/SB Miles Avenue s/s Sunbrook Lane n/s 5,400 Coldbrook Lane NB/SB Sunbrook Lane s/s Rockberr Court n/s 57,060 Crestview Terrace NB/SB Highland Palms s/s Cameo Palms n/s 13,160 Cristol Place NB/SB Villeta Drive CDS 10,125 Dalea Circle NB/SB Blazing Star Trail CDS 16,919 Debbie Drive NB/SB Victora Drive n/s Kristen Court n/s 40,320 Desert Air Drive NB/SB Desert Stream n/s CDS 43,279 Desert Crest Drive EB/WB Desert Air e/s Dune Palms Road w/s 42,180 Desert Ea le Court NB/SB Desert Stream CDS 20,480 Desert Fox Drive NB/SB Desert Stream n/s Desert Crest Drive s/s 27,750 Desert Fox Drive NB/SB Desert Crest n/s CDS 16,480 Desert Hills Court NB/SB Desert Crest n/s CDS 16,640 Desert Rock Court Desert Sand Court Desert Stream Drive Desert Stream Drive Desert View Court Desert Wind Court Diane Drive Diane Drive EB/WB NB/SB EB/WB EB/WB NB/SB EB/WB EB/WB EB/WB Desert Fox w/s Desert Crest n/s Dune Palms Road w/s Brid ette ay w/s Desert Crest n/s Desert Air e/s Bridget e Way w/s Debbie Drive w/s CDS CDS Brid ett Way w/s Carrie Lane e/s CDS CDS Debbie Drive e/s CDS 18,679 16,480 52,355 38,480 16,480 19,959 22,755 11,200 Eisenhower Drive Eisenhower Drive NB/SB Calle Madrid s/s Avenida Montezuma s/s Avenida Bermudas n/s Calle SinaloE Eisenhower Drive Calle Sinaloa s/s Calle Nogales E83,040 Eisenhower Drive Calle Nogales s/s Calle Colim Eisenhower Drive Forbes Circle Foxtail Circle Fred Warin Drive Fred Warin Drive NB/SB EB Calle Colima n/s SeeleyDrive e/s Buttercup Lane s/s Jefferson Street w/s Palm Royal w/s Calle Madrid Via Coronado e/s CDS Dune Palms Road w/s Washin ton Street e/s 29,880 17,879 185,500 114,375 r�� Fronterra Drive NB/SB Ocotillo Drive s/s Laderra Drive n/s 18,240 Goldenrod Circle NB/SB Buttercup Lane n/s CDS 20,759 Highland Palms EB/WB Washington Street w/s End 38,720 Iris Court EB/WB Blazing Star Trail w/s CDS 14,679 Irwin Circle EB/WB North Harland Drive CDS 23,565 Kara Court EB/WB 1 Brid ette Way w/s CDS 12,800 Kaye Court EB/WB I Debbie Drive w/s CDS 14,679 Kristen Court EB/WB Debbie Drive w/s CDS 14,679 La Palma Drive EB/WB Adams Street w/s Las Vistas e/s 57,600 La Palma Drive EB/WB Camino Azul w/s Adams Street e/s 6,440 Ladera Drive EB/WB Los Manos Drive w/s Fronterra Drive n/s 12,600 Ladera Drive EB/WB Fronterra Drive End 18,360 Lake La Quinta EB/WB Washington Street Caleo Bay 9,560 Las Vistas Drive NB/SB Fred Waring Drive s/s Villeta Drive n/s 28,690 Las Vistas Drive NB/SB Villeta Drive s/s Sanita Drive n/s 22,140 Lati o Circle EB/WB Los Manos Drive e/s CDS 12,439 Laurie Court EB/WB Brid ette Way w/s CDS 16,119 Los Manos Drive NB/SB Miles Avenue n/s Ocotillo Drive e/s 33,600 Lowe Drive EB/WB Seeley Drive w/s North Harland Drive w/s 30,240 Malia Circle NB/SB Ladera Drive CDS 8,919 Marguerite Court NB/SB Star Flower Trail n/s CDS 16,279 Marigold Lane NB/SB Blazing Star Trail s/s Buttercup Lane s/s 31,200 Mariposa Court NB/SB I Blazing Star Trail n/s CDS 17,239 Mila o Drive NB/SB ICanterra Drive s/s Ocotillo Drive n/s 11,200 Nolan Circle EB/WB North Harland Drive CDS 22,694 North Harland Drive NB/SB Miles Avenue n/s West Harland Drive s/s 36,000 Pala Circle NB/SB Canterra Drive s/s CDS 7,639 Park Avenue NB/SB Calle Tam ico n/s Big Horn Trail n/s 109,200 Parkbrook Court EB/WB Birchcrest Circle w/s CDS 11,405 Ramblewood Court EB/WB Sunbrook Lane End 13,719 Saffron Cour: NB/SB Star Flower Trail n/s CDS 16,279 Sanita Drive NB/SB Arosa Way s/s CDS 65,039 Sonesta Way NB/SB Villeta Drive n/s Villeta Drive n/s 40,320 S rin brook Court NB/SB Sunbrook Lane n/s CDS 7,799 Star Flower 1-rail EB/WB Dune Palms Road e/s CDS 46,679 Summerbrook Court EB/WB Coldbrook Lane w/s CDS 8,279 Sunberry Court NB/SB Birchcrest Circle n/s CDS 5,376 Sunbrook Lane NB/SB Bavberry Lane s/s Ramblewood Court e/s 54,900 Sunbrook Lane NB/SB Ramblewood Court CDS 41,819 Sweetbush Lane NB/SB Buttercup Lane n/s CDS 20,919 Tiara Place NB/SB Villeta Drive n/s CDS 11,799 Tortola Circle NB/SB Ladera Drive CDS 8,759 Verbenia Drive NB/SB Star Flower Trail n/s CDS 16,279 Via Caliente EB/WB Via Del Monte e/s End 12,580 Via Coronado NB/SB Forbes Circle s/s CDS 30,119 Via Del Monte NB/SB Via Sevilla s/s Via Caliente s/s 11,655 Via Del Sol NB/SB Via Sevilla n/s CDS 9,584 Via Sevilla EB/WB Via Coronado w/s Washington Street e/s 80,845 Victoria Drive EB/WB Brid ette ay w/s Adams Street e/s 42,180 Villeta Drive Violet Court Washington Street Washington Street Frontage West Harland Drive Willow Court: Senior Center/Library City Hall City Hall NB/SB EB/WB NB/SB NB/SB NB/SB Sanita Drive n/s Brid ette Way w/s Calle Tampico n/s Singing Palms n/s North Harland Drive e/s Blazing Star Trail s/s Parking Lot North Parking Lot South Parking Lot Sonesta Drive s/s CDS Avenue 50 n/s Hi hland Palms n/s Las Vistas e/s CDS 129,600 16,119 205,540 54,000 30,060 13,879 67,550 20,250 68,000 Totals 4,974,864 T4'it 4 aCP Qu&Z COUNCIL/RDA MEETING DATE: November 7, 2006 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 32225, Santerra, G5 Enterprises, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 32225, Santerra, G5 Enterprises, Inc. FISCAL IMPLICATIONS: This project may be entitled to Developer Impact Fee (DIF) reimbursement for improvements, according to the July 5, 2006 DIF report. If the developer intends to construct improvements that are DIF eligible, a DIF Reimbursement Agreement will be brought forward for Council consideration at a future date. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 32225 is generally located north of Avenue 58 and west of Madison Street (see Attachment 1). This residential development will consist of 28 numbered lots; on approximately 10.0 acres (see Attachment 2). On October 19, 2004, the Council approved Tentative Tract 32225. The developer has requested the City Council's conditional approval of the Final Map (Attachment 2) which will allow 30 days for completion of its processing. To date, the SIA (Attachment 3) has been executed by the developer but the associated securities have not yet been received. The Final Map is technically complete and is being routed for signatures. It is expected that the associated securities and all signatures will be in place within the time allowed for its conditional approval. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within 30 days (December 7, 2006), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) and associated securities. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 32225, Santerra, G5 Enterprises, Inc.; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 32225, Santerra, G5 Enterprises, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, <' It Timothy R. Jonasson, P.E. Public Works Director/ City Engineer Approved for submission by: c ✓ Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement RESOLUTION NO. 2006-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT MAP NO. 32225, SANTERRA, G5 ENTERPRISES, INC, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 113 Resolution No. 2006- Tract Map No. 32225, Santerra Adopted: November 7, 2006 Page 2 Section 1. The final map for Tract Map 32225 is conditionally approved provided the subdivider submits all required items on or before December 6, 2006. Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Placed appropriate securities in accordance with the approved Subdivision Improvement Agreement. S. Finalized the final Tract Map and obtain all necessary signatures. C. Executed a Development Impact Fee (DIF) reimbursement agreement for DIF eligible improvements. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on December 7, 2006. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval Resolution No. 2006- Tract Map No. 32225, Santerra Adopted: November 7, 2006 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 7h day of November, 2006, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California ATTEST: Veronica J. Montecino, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California III ATTACHMENT A VENUE 54 Ld W AIRPORT BL VD. 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ASS336 IS CaMO AS K= DUPr PARS N S M ASgSME C UC1D AS V= NOW A L& NY Or XT PArAR& MN AK Own 0 K t H6 QR mom E mme ANr 0A'PLlcm w ASCOM NOT Wr OM)= tR[ lam Mu N BMW ccum r w ONUCICR AYt RP11/r r-- I I I I I I I I I I I I I I I I 4 ® IN YNE MY OF LA aI WA, WUMrYOF RWERXDA OrATE OF ULFOMM TRACT NO, 32225 0 SMAMMMMOFIIEEWIKFCFIIEEWW,LFOFIIESWMffWMM & MNAMWU WNRECRYOFuGWAM MYOFMM=SGIIEOFf, FMK VICINITY MAP NA 17 ,,16 AIPJ20RT BOUL"AW ley 1S - — 22 � ,I I I I 1MMN r LAN wK I lilt t: v l I SWAN r LLa wE ryci f SM t5 AfM! �W L1K I mA Y 2 MR Pon law W" (M UNT Maul 16JI cl®SrSlt Mad> ONArotm Z It I NK I I&Lfl' �N Q �J I FWDI'blPom Isom dl Imwxm MAP lei till II � POgN r LLIIN l0[ LOCP I I II :> owM \ IR -- -- I I —W 1XIM I k �i m rl �� IZ IN1 121 _ � I I 29 AVENUE 68 Nmacr cmin11r ~> AEESINMED IELMID wF NN SOJIM linl SaIOEiM (IIot MAEd ) (AerYSYt'E I LtlNaE NCOOI N OF W KM d SE400 PIP OK NAP 6 W SWPMr LOK d OF FASr OEJMLF d 1E LISI O[a/1f! d w SWOEASI LSE-OIA M d W A7 NW W- QA4W d SMIM N K 6; A 7 L: SOLL AS NOIN N INOWMIIMAECIMON XAM dAW$Ar PWF N-A or avm AEOW d SE m" d AMEOSOE LIL N omw E PdD COMM rANM INC. 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AK= OWVWX NOW ar MOMMS YAWM MOONS PUN Omilm xawv AOamw M1 AEAOIEs AAAN tEANz ■IDLES W RAW UMMY EAS ieff OLLMCIEO 10 PC ON Cr LA aNM AV OE Man LNMMMAS WMCS AS SANK MNOIES ANNORS MM d XIM N AO A NOW AWW A AEME N MUNSIAWO M M --------------------------------------- I I 'Y® my 7w enyOFLA WMA, COMWaF alb STATE OFCKWOMA arEEr s of s Is 4 TRACT NO. 32225 0 OWASI+BpYO NOFREEWW,LFCFREFi1STNNFCFVESOURErL49OIN U W 77E SWREW QkqRW OFS&flON?I YONWW0S0f1►t'l WAXE 7M. SW EWMWWMMW NRECRY OFUOIA RCMWOF WMM SMIEOF"MM TRACT AU .i0096 I 3 9 I I I I I CAN 40 I 41 I 01 14 3 �lMIB I game s x awn law taanrall.�yew X O7x 28 A as 1 / � ` \ Y8 �/ atv evw I t I I a O Yd v 27 •e ormt A' a Y (ssRr is R g I v O ALES an.ow i v a+s as R I • Z L 0 T V 4� xd I d g ( 7 R ell a. w nrev' ME m3l� UN as R Imv aa.ow 1, I 2S aalowtrT ZAM K R $ �'d I a/a mw • Jade/ �. IJsdvliJT -- - - - -- r � ow I 24 � 1 SIB 7offwR 1 aa.ow L 0 T N ow s Er I s i JJiE Jai n seam nw' C) e @ a m tV It � ?AMA* R � F I 1 a RR a � N O: MM 1 wx es v xar Er g I i 22 y u tar ---- B I 7mstaR W AJ/ ddwJ a8 vaw � W I 2! 1° Mir L O T P °`x I ssr7as R d M sae ll, 5 f aawwu l J 46w q R I 1) as vas 1 dwwtrer root and i t slAarA 8WffA WW audio aff _ s a8 Ig avdr �0 & I I L O T D"tir l zsa,,a R SEE' SIHE'ET Na 4 PAD CONSULTANTS, INC. W39 riwoawoeaoaweemao t sF mart 2IGe ¢cvm AND lams dr aau�G PIFA�woEoo.cw.oAw em me mas�,o.Auc sNno Ion O�.tirCJfSI� �CJ, Ot�iJlJf Oa>�t:�aJri...ai I I I I I I I I I I I I I I I I I I I I� -------------------------------------------------� I I 'o�oo o�wzm� I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I L------------------------------------------------ J Crry OF LA QUINTA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 32225 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 by and between G5 ENTERPRISES, INC. a CALIFORNIA CORPORATION hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 32225 (the 'Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act:"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Imarovement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as " payment security, shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. TADevelopment Services DivisioMDevelopment Projects\AgreementsOA\SIAs in Progress\Santerra TM 322250FFSITE_SIA.doc B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall 'be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City !Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty TMeveloprnent Services Division\Development Projects\Agreements\SIMSIAs in Progress\Santerra TM 32225\OFFSITE_SIA.doc ,_J security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.8., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.6., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ter Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty TADeveloprient Services Division\Development Projects\Agreements\SIA\SIAs in Progress\Sarderra TM 32225\OFFSITE_SIA.doc security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdividers obligations hereunder. T. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdividers control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdividers engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. TADevelopment Services DivisionWevelopment ProjectsWgreements\SIMS1As in Progress\Santerra TM 32225NOFFSITE_SIA.doc Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 1:2. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either parry may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. TADevelopment Services Division\Development Projects\Agreements\SIA\SIAs In Progress\Santerra TM 32225\0FFSITE_SIA.doc C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attomeys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager Date A17EST: City Clerk G5 ENTERPRISES, INC K 9434 Tea Tree Lane o ea San Diego, CA 92127 CM 08 �,Mp By: - �� By:— — d Date Date Title: T S PamTitle:___ 'zAeopo is 4wsE- ::;rIv4Ar f 2'/cl c�}7LT By: Date Title: Reviewed and Approved: City Engineer Date Approved as to Form: City Attorney Date By: Date Title: TADevelopment Services Division0evelopment ProjectsXAgreementslSIMSIAs in ProgresstSanterra TM 32225\OFFSITE. SIA.doc 1 17 Exhibit A OFF -SITE SECURITY — TRACT MAP NO.32225 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Street $ 199,041 $ 199,041 8' Meandering Sidewalk $ 39,121 $ 39,121 Storm Drain $ 67,925 $ 67,925 Domestic Water $ 66,550 $ 66,550 Sanitary Sewer $ 13,473 $ 13,473 Monumentation $ 2,000 'Totals $ 388,110 $ 386,110 Standard 10% Contingency $ 38,811 $ 38,611 Total Construction Cost $ 426,921 $ 424,721 Professional Fees & Plans, Design 10% $ 42,692 $ 42,472 Professional Fees, Const 10% $ 42,692 $ 42,472 Bond Amount 512,305 509,665 TADevelopment Services Divlsion\Development Projects\Agreements\SIA\SIAs In Progress\Santerra TM 32225\0FFSITE_SIA.doc A State of California County of _ -S AAIV D 167A 0 Z Subscribed and sworn to (or affirmed) before me on this 10 day of &G1'04 20 4 byjo!nsj'ALD dyZ X 4 ►L Of F" 1, -74 or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. s.r (Seal) MITAL SHAH COMM. #1640608 m y Notary PubllaCWWOMW Ca W SAN OIEGO COUNTY My Comm, j . Jan 23, 2010 Signature —* CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 32225 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of 20 by and between G5 ENTERPRISES, INC. a CALIFORNIA CORPORATION hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 32225 (the 'Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of. the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City in successfully enforcing the obligations thereby secured. TADeveloprnent Services Division\Development Projects%g�eements\SIA\SIAs in Progress\Santerra TM 32225\0NSITE_SIA.doc B. Improvement security shall conform to Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty TADeveloament Services Division0evelopment Projects\Agreements\SIMSIAs in Progress\Santerre TM 32225\ONSITE_SIA.doc . ], I security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.13., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.13., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty T:Oevelopment Services DivisionTevelopment Projec:sWgreementsOMSIAs in Progress\Santerra TM 32225tONSITE_SIA.doc ya . ? 4- security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. TADevelopment Services Division\Development Projects\Agreements\SIMSIAs In Progress\Santerra TM 32225\ONSITE_SIA.doc Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11, Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. TADevelopment Services Division0evelopment Projects\AgreementstSIMSIAs in ProgresstSanterra TM 32225NONSITE_SIA.doc I 2J C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager Date A17EST: City Clerk G5 ENTERPRISES, INC 9434 Tea Tree Lane 5810 1Mrm-ffn_o1rea7- San Diego, CA 92127 Q80sbad, c Date Date Title: � ��So �,t! � Title: T7/9VH 1-0 By: - By:— -- Date Title: Reviewed and Approved: City Engineer Date Approved as to Form: City Attorney Date Date Title: TADevelopment Services Division0evelopment ProjecMAgreements\SIXSlAs in Progress\Santerra TM 32225tONSITE_SIA.doc # r Exhibit A Old -SITE SECURITY — TRACT MAP NO.32225 Improvements designated as 'Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Rough Grading/PM10/SWPPP $ 79,494 $ - Street $ 167,316 $ - Perimeter Wall $ 265,140 $ - Perimeter Landscaping $ 133,943 $ - Storm Drain $ 66,050 $ - Domestic Water $ 79,260 $ - Sewer $ 53,558 $ - Dry Utilities $ 128,600 $ - Monumentation $ 1,000 $ - Totals $ 974,361 $ - Standard 10% Contingency $ 97,436 $ - Total Construction Cost $ 1,071,797 $ - Professional Fees, Design 10% $ 107,180 $ - Professional Fees, Const 10% $ 107,180 $ - Bond Amount $ 1,286,156 TADevelopment Services Division\Development ProjectsWgreements\SIALSIAs in Progress\Santerra TM 32225\ONSITE_SIA.doc .� State of California County of _ N ,D/ Ell IC—/L Subscribed and sworn to (or affirmed) before me on this day of 1tG70/30�-4 20Q�, by,14[,,4[ Q 0 W gZ q D P669- V or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. MITAL SHAH (Seal) ""' COMM. #1640508 rn y :Notary PublbCaUkmia N aEGO (COUNTYrom �xp. Jan 23, 2010 It Signature \0 Tdf 4XPa" COUNCIL/RDA MEETING DATE: ITEM TITLE: Approval of a Contract for the Restoration of Landscaping at Monticello I Development, West of Jefferson Street, in the City of La Quinta RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: i r CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a contract with Candyl Golf Group for the restoration of landscaping at the Monticello I Development, west of Jefferson Street, in the City of La Quinta and authorize City Manager to execute the contract. FISCAL IMPLICATIONS: Attachment 1 is a contract in the amount of $44,690 from Candyl Golf Group that includes all labor and materials for the restoration of landscaping impacted by the construction of the Phase II Jefferson Street Improvements. Work will include landscaping, irrigation, lighting and block wall construction. With City Council approval, the funding would come from the Phase II Jefferson Street Improvements Construction Account #401-1710-551.45-01. The City will pay the contractor directly and apply to CVAG for reimbursement of costs. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: During the construction of the Phase II Jefferson Street Improvements, existing landscaped slopes adjacent to the Monticello development were impacted to accornmodate the widened road section and sidewalk. The project plans and specifications did not address the restoration of the slopes and landscaping and it was determined such restoration was outside the scope of work of the Jefferson Street widening contractor. Cost proposals were received from the Jefferson Street widening contractor and from Candyl Golf Group, the landscape maintenance contractor for the Monticello Development. The proposal from Candyl Golf Group was considerably lower than that of the prime contractor for the Jefferson Street project and additionally the Monticello Development has a good working relationship with the contractor. Staff has prepared the attached contract based on the proposal from Candyl Golf Group (Attachment 1). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a contract with Candyl Golf Group for the restoration of landscaping at the Monticello I Development, west of Jefferson Street, in the City of La Quinta and authorize the City Manager to execute the contract; or 2. Do not approve a contract with Candyl Golf Group for the restoration of landscaping at the Monticello I Development, west of Jefferson Street, in the City of La Quinta; or 3. Provide staff with alternative direction. Respectfully submitted, Bryan McKinney, Principal Engineer Public Works Engineering Services Division Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Agreement with Candyl Golf Group ATTACHMENT 1 AGREEMENT THIS CONTRACT, by and between the City of La Quinta, a municipal corporation, herein referred to as "City," and Candyl Golf Group, herein referred to as, "Contractor." WITNESSETH: In consideration of their mutual covenants, the parties hereto agree as follows: 1. Contractor shall furnish all necessary labor, material, equipment, transportation and services for restoration of landscaping at Monticello I Development West of Jefferson Street, in the City of La Quinta, California pursuant to the project Specifications, and Contractor's Proposal (Attached), dated September 20, 2006, all of which documents shall be considered a part hereof as though fully set herein. 2. Contractor will comply with all Federal, State, County, and La Quinta Municipal Code, which are, as amended from time to time, incorporated herein by reference. 3. All work shall be done in a manner satisfactory to the City Engineer. 4. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within forty (40) working days from the date of Notification to Proceed. 5. In consideration of said work, City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's Proposal, the base consideration of Forty-four thousand six hundred ninety dollars even ($44,690.00). All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Specifications. 6. Contractor shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents ("Indemnified Parties"), from and against those actions, suits, proceedings, cla=ms, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Contractor, its officers, employees and agents, which arise out of Contractor's negligent performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such claims, Contractor shall provide a defense to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. In addition, Contractor shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. 7. Except as otherwise required, Contractor shall concurrently with the execution of this contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in the attached Section 1340 — Liability and Insurance Requirements. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall Um Agreement name the City as an additional insured. Contractor shall furnish evidence of having in effect, and shall maintain, Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 8. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California. 9. In accepting this Contract, Contractor certifies that in the conduct of its business it does riot deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $500.00 liquidated damages for each such breach committed under this contract. 10. Contractor also agrees that for contracts in excess of $30,000 and more than 20 calendar days duration, that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to other penalties provided by law. 11. This Contract shall not be assignable by Contractor without the written consent of City. 12. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed. 13. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law. 14. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 15. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 16. The Contractor shall maintain and preserve all such records for a period of at least 1 11 Agreement three years after termination of the contract. 17. The Contractor shall maintain all such records in the City of La Quinta. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 18. The further terms, conditions, and covenants of the Contract are set forth in the Contract Documents, each of which is by this reference made a part hereof. Agreement IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. "CITY" CITY OF LA QUINTA, a California municipal corporation Dated• By: Don Adolph, Mayor ATTEST: Dated: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: Dated: City Attorney "CONTRACTOR" Dated:. By: Name: Title: Dated:. _ By: Name: Title: "CONTRACTOR" (If corporation, affix seal) 1 Agreement SECTION 1330 WORKERS' COMPENSATION INSURANCE CERTIFICATE In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the Contractor shall sign and file with the City the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Signature Title Date Workers' Compensation Insurance SECTION 1340 LIABILITY AND INSURANCE REQUIREMENTS 1.0 INDEMNIFICATION The Contractor shall indemnify, hold harmless and assume the defense of the City, its elected officials, officers, agents, and employees from all damages, costs, or expenses in law or equity that may at any time arise to cause damages to property, or of personal injury received by reason of or in the course of performing work, which may be occasioned by any willful or negligent act or omission of the Contractor, any of the Contractor's employees, or any of its subcontractors arising out of work under this Contract. Approval of any insurance contracts by the City does not relieve the Contractor or subcontractors from liability under Section 1340-1.0, Indemnification. The City will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance. 2.0 INSURANCE REQUIREMENTS 2.1 General After award of Contract, the Contractor shall promptly obtain, at its own expense, all the insurance required by Paragraph 1340-2.0, INSURANCE REQUIREMENTS, and shall submit coverage verification for review and approval by the City upon execution of the Contract. The Notice to Proceed with the Work under this Contract will not be issued, and the Contractor shall not commence work, until such insurance has been approved by the City. The Contractor shall not allow any subcontractors to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and verified by Contractor. Such insurance shall remain in full force and effect at all times during the prosecution of the Work and until the final completion and acceptance thereof. The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance as required by Paragraph 1340-2.0 INSURANCE REQUIREMENTS. 2.2 Commercial General Liability Policy The Contractor shall take out and maintain during the life of the Contract, a Commercial General Liability Policy, on an occurrence basis, with a minimum limit of not less than One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage for any one occurrence and a Two Million Dollar ($2,000,000) annual project aggregate, for all of the following: a. Premises Operations, including Explosion, Collapse and Underground (X, C, and U) Coverage. b. Completed Operations/Products, including X, C, and U Coverage. c. Independent Contractors. Liability & Insurance Requirements d. Blanket Contractual. e. Deductible shall not exceed One Thousand Dollars ($1,000). 2.3 Commercial Business Auto Policy The Contractor shall take out and maintain during the life of this Contract a Commercial Business Auto Policy, on an occurrence basis, with a minimum amount of not less than One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage, providing at least all of the following coverage: a. Coverage shall be applicable to any and all leased, owned, hired, or non -owned vehicles used in pursuit of any of the activities associated with this Contract. b. Any and all mobile equipment, including cranes, which is not covered under said Commercial Business Auto Policy shall have said coverage provided for under the Commercial General Liability Policy. c. Deductible shall not exceed One Thousand Dollars ($1,000). 2.4 Workers' Compensation Insurance The Contractor shall take out and maintain during the life of the Contract, Worker's Compensation and Employers' Liability insurance providing coverage for any and all employees of Contractor: a. The required policy shall provide coverage for Workers' Compensation (Coverage A). b. This policy shall provide coverage for One Million Dollars ($1,000,000) Employers' Liability (Coverage B). 2.5 Endorsements All of the following endorsements are required to be made a part of the policies described in this Section hereof: a. "The City, City employees and officers, the City Engineer, its consultants, elected officials, agents, and sub -consultants are hereby added as additional insured insofar as Work done under this Contract is concerned." b. "This policy shall be considered primary insurance as respects any other valid and collectible insurance, including self -insured retention, the City may possess, and any other insurance the City does possess shall be considered excess insurance only." c. "This insurance shall act for each insured, and additional insured, as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company. Liability & Insurance Requirements d. "Thirty (30) days prior written notice of cancellation shall be given to the City. Such notice shall be sent to: Thomas P. Genovese, City Manager City of La Quinta P.O. Box 1504 La Quinta, CA 92247-1504 2.6 Change in Terms The Contractor shall provide immediate written notice to the City of any change in terms and conditions and/or reduction in the coverage of any nature to the insurance policies. The notice shall be sent to the location identified in Paragraph 1340-2.6.d, Endorsements. The Contractor shall be obligated to pay any extra premium for maintaining the insurance requirements specified herein. Liability & Insurance Requirements COUNCIL/RDA MEETING DATE: November 7, 2006 ITEM TITLE: Approval of a Professional Services Agreement (PSA) with David Evans and Associates, (DEA) to Prepare the Plans, Specifications and Estimates (PS&E) for the Jefferson Street Median Island Landscape Improvements, Project No. 2005-03 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement (PSA), in the amount of $73,910 with David Evans and Associates, Inc. to prepare the plans, specifications and estimate (PS&E:) of probable construction costs for the Jefferson Street Median Island Landscape Improvements, Project Number 2005-03, and authorize the City Manager to sign the PSA with any final changes approved by the City Manager and the City Attorney. FISCAL IMPLICATIONS: The following is the project's funding and funding sources: Transportation DIF: $231,709 City of Indio: $1 10,000 TE Funds $445,190 Grand Total: $786,899 The following is the project budget: Construction: $513,452 Design: $78,690 Professional: 15,738 Inspection/Testing/Survey: $60,985 Administration: $39,344 Contingency: 78,690 Total: $786,899 As Illustrated, adequate funding is available to support staff's recommendation. CHARTER CITY IMPLICATIONS: The project is partially funded with Federal Transportation Enhancement (TE) funding and a portion of the project will be funded by the City of Indo. The project will be: advertised with prevailing wage requirements. BACKGROUND AND OVERVIEW: The project is located within the median islands on Jefferson Street, between Highway 1 1 1 and Indio Boulevard. The project limits are jointly owned by the City of La Quinta 37% and the City of Indio 63%. The proposed improvements consist of land (scaping the newly constructed median islands on Jefferson Street using decomposed granite, decorative rock, drought tolerant ground cover, plants, shrubs, and trees. All plants, shrubs and trees are proposed to be native to the south-east desert basin. On September 6, 2005, the City Council adopted a resolution approving the submittal of a project application to the Riverside County Transportation Commission (RCTC) for Transportation Enhancement (TE) funds for the Jefferson Street Beautification Project. On November 10, 2005, the City was notified by RCTC Staff that the Commission approved the City's request for TE funding in the amount of $445,190 toward the Jefferson Street Beautification Project. The TE funds represent 70% of the estimated project costs. The cities of Indio and La Quinta have agreed to provide a 30% funding match. The 30% match will be proportionately shared by the cities, with La Quinta, contributing 37% and Indio, contributing 63% of the match funding. The City of Indio provided a written commitment to fund its share of the project costs on August 22, 2006. A cooperative agreement outlining each city's commitments and obligations has been prepared and will be submitted for both City Councils' consideration. The Jefferson Street Beautification Project was included by amendment in the 2006 Regional Transportation Improvement Plan (RTIP) in March 2006. Caltrans approved the project environmental document on May 9, 2006. The City received six proposals from qualified landscape architectural firms on October 13, 2006. Following its evaluation of the six proposals, the consultant selection committee unanimously recommends David Evans and Associates, Inc. be awarded a PSA in the amount of $73,910 to prepare the PS&E. 4J Contingent upon City Council approval of the PSA (Attachment 1) on November 7, 2006, the following is how the project is expected to proceed: City Council Approves PSA Project Design Obtain Funding Obligation from the California Transportation Commission (CTC) Obtain Funding Agreement from Caltrans and Federal Highways Administration (FHWA) Advertise the Project for Construction Construction K Months) Accept Improvements November 7, 2006 November 2006 — February 2007 March 2007 — June 2007 July 2007 — September 2007 October 2007 November 2007 March 2008 — February 2008 The dates presented to obtain funding obligation from the CTC and project authorization from Caltrans and FHWA are worst case. Staff will endeavor to obtain these required approvals quicker than the published time frames. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Professional Services Agreement (PSA), in the amount of $73,910 with David Evans and Associates, Inc. to prepare the plans, specifications and estimate (PS&E) of probable construction costs for the Jefferson Street Median Island Landscape Improvements, Project Number 2005-03, and authorize the City Manager to sign the PSA with any final changes approved by the City Manager and the City Attorney; or 2. Do not approve a Professional Services Agreement (PSA), in the amount of $73,910 with David Evans and Associates, Inc. to prepare the plans, specifications and estimate (PS&E) of probable construction costs for the Jefferson Street Median Island Landscape Improvements, Project Number 2005-03; or 3. Provide staff with alternative direction. Respectfully submitted, A: ) i Tirhothy R. JoinassoP. E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Professional Services Agreement (PSA) ATTACHMENT 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into iy and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and )AVID EVANS AND ASSOCIATES, INC. ("Consultant"). The parties hereto agree as follows: 0 SERVICES OF CONSULTANT 1 Scope of Services. In compliance with all terms and conditions of this Agreement, ;onsultant shall provide those services related to the Jefferson Street Median Island Landscape mprovements, Project No. 2005-03, as specified in the "Scope of Services" attached hereto as ;xhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant varrants that all services will be performed in a competent, professional and satisfactory nanner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of .a Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, ;onsultant shall obtain at its sole cost and expense such licenses, permits and approvals as may ie required by law for the performance of the services required by this Agreement. Consultant hall have the sole obligation to pay for any fees, assessments and taxes, plus applicable ienalties and interest, which may be imposed by law and arise from or are necessary for the ierformance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it ias thoroughly investigated and considered the work to be performed, (b) it has investigated the ;ite of the work and fully acquainted itself with the conditions there existing, (c) it has carefully :onsidered how the work should be performed, and (d) it fully understands the facilities, lifficulties and restrictions attending performance of the work under this Agreement. Should ;onsultant discover any latent or unknown conditions materially differing from those inherent in he work or as represented by City, Consultant shall immediately inform City of such fact and ;hall not proceed except at Consultant's risk until written instructions are received from the ;ontract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the kgreement to furnish continuous protection to the work performed by Consultant, and the ;quipment, materials, papers and other components thereof to prevent losses or damages, and ;hall be responsible for all such damages, to persons or property, until acceptance of the work )y City, except such losses or damages as may be caused by City's own negligence. The )erformance of services by Consultant shall not relieve Consultant from any obligation to correct my incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies ire due to the negligence of Consultant. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, :onsultant shay perform services in addition to those specified in the Scope of Services when iirected to do so by the Contract Officer, provided that Consultant shall not be requiredp to ,erform any additional services without compensation. Any addition in compensation not xceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. kny greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, vhich are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the :vent of a conflict between the provisions of the Special Requirements and any other provisions if this Agreement, the provisions of the Special Requirements shall govern. !.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant ;hall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a otal amount not to exceed Seventy -Three Thousand Nine Hundred Ten Dollars ($73,910.00) the "Contract Sum"), except as provided in Section 1.6. The method of compensation set orth in the Schedule of Compensation may include a lump sum payment upon completion, )ayment in accordance with the percentage of completion of the services, payment for time and naterials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such )ther methods as may be specified in the Schedule of Compensation. Compensation may nclude reimbursement for actual and necessary expenditures for reproduction costs, ransportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, ;onsultant shall submit to City no later than the tenth (10th) working day of such month, in the 'orm approved by City's Finance Director, an invoice for services rendered prior to the date of he 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 lours assigned to each such staff member. Such invoice shall contain a certification by a )rincipal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated :hereon which are approved by City pursuant to this Agreement no later than the last working Jay of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 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 aerformance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maieure. The time period specified in the Schedule of Performance for aerformance 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 Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts , f any governmental agency other than City, and unusually severe weather, if Consulta4slnl Fithin ten (10) days of the commencement of such delay notify the Contract Officer in writing f the causes of the delay. The Contract Officer shall ascertain the facts and the extent of elay, and extend the time for performing the services for the period of the forced delay when rid if in his or her judgment such delay is justified, and the Contract Officer's determination nall be final and conclusive upon the parties to this Agreement. 3.4 Term. The term of this agreement shall commence on November 8, 2006 and ;rminate on October 31, 2007 (initial term). This agreement may be extended upon mutual greement by both parties (extended term). Unless earlier terminated in accordance with ,ections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect ntil completion of the services, except as otherwise provided in the Schedule of Performance. 0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby esignated as being the principals and representatives of Consultant authorized to act in its ,ehalf with respect to the work specified herein and make all decisions in connection therewith: Kim S. Rhcdes, L.A. 3867, Vice President/Principal-in-Charge Jay Brown, L.A. 5012, Project Manager a. It is expressly understood that the experience, knowledge, capability, and reputation if the foregoing principals were a substantial inducement for City to enter into this Agreement. -herefore, the foregoing principals shall be responsible during the term of this Agreement for lirecting all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be rssigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, RE,_,_Public Norks Director/City Engineer, or such other person as may be designated by the City Manager )f City. It shall be Consultant's responsibility to assure that the Contract Officer is kept nformed of the progress of the performance of the services and Consultant shall refer any Decisions, which must be made by City to the Contract Officer. Unless otherwise specified ierein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, -apability and reputation of Consultant, its principals and employees were a substantial nducement for City to enter into this Agreement. Except as set forth in this Agreement, -onsultant shall not contract with any other entity to perform in whole or in part the services ,equired hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of aw, without the prior written approval 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 Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a q P^ d (holly independent contractor with only such obligations as are consistent with that role. onsultant shall not at any time or in any manner represent that it or any of its agents or mployees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, tatistics, records or other data or information pertinent to services to be performed hereunder ihich are reasonably available to Consultant only from or through action by City. 0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work erformed under this Agreement, Consultant shall procure and maintain, at its cost, and submit oncurrently with its execution of this Agreement, personal and public liability and property amage insurance against all claims for injuries against persons or damages to property resulting rom Consultant's acts or omissions rising out of or related to Consultant's performance under his Agreement. The insurance policy shall contain a severability of interest clause providing hat the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured hall be delivered to and approved by City prior to commencement of the services hereunder. -he amount: of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: '.ontract Sum Personal Injury/Property Damage Coverage .ess than $',i0,000 $100,000 per individual; $300,000 per occurrence �50,000 - $300,000 $250,000 per individual; $500,000 per occurrence )ver $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all ;laims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, my subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly )r indirectly out of or related to Consultant's performance under this Agreement. If Consultant )r Consultant's employees will use personal autos in any way on this project, Consultant shall )rovide 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 `or travel on public roads. The automobile insurance policy shall contain a severability of nterest clause providing that coverage shall be primary for losses arising out of Consultant's cerformance hereunder and neither City nor its insurers shall be required to contribute to such oss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant 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. ;a rofessional Liability or Errors and Omissions Insurance as appropriate shall be written on a olicy form coverage specifically designed to protect against acts, errors or omissions of the onsultant and "Covered Professional Services" as designated in the policy must specifically iclude work performed under this agreement. The policy limit shall be no less than $1,000,000 er claim and in the aggregate. The policy must "pay on behalf of" the insured and must iclude a provision establishing the insurer's duty to defend. The policy retroactive date shall be n or before the effective date of this agreement. isurance procured pursuant to these requirements shall be written by insurers that are admitted arriers in the State of California and with an A.M. Bests rating of "A" or better and a minimum nancial size VII. kII insurance required by this Section shall be kept in effect during the term of this Agreement nd shall not be cancelable without thirty (30) days written notice to City of proposed ancellation. The procuring of such insurance or the delivery of policies or certificates videncing the same shall not be construed as a limitation of Consultant's obligation to idemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnificatio a. Indemnification for Professional Liability. When the law establishes a professional tandard of care for Consultant's Services, to the fullest extent permitted by law, Consultant hall indemnify, protect, defend and hold harmless City and any and all of its officials, mployees and agents ("Indemnified Parties") from and against any and all losses, liabilities, amages, costs and expenses, including attorney's fees and costs to the extent same are cause i whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, gents, employees or subconsultants (or any entity or individual that Consultant shall bear the gal liability thereof) in the performance of professional services under this agreement. With aspect to the design of public improvements, the Consultant shall not be liable for any injuries ,r property damage resulting from the reuse of the design at a location other than that specified i Exhibit C without the written consent of the Consultant. b. Indemnification for Other Than Professional Liability. Other than in the performance if professional services and to the full extent permitted by law, Consultant shall indemnify, lefend and 'hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, vhether actual, alleged or threatened, including attorney's fees and costs, court costs, interest, lefense costs, and expert witness fees), where the same arise our of, are a consequence of, or ire in any way attributable to, in whole or in part, the performance of this Agreement by ;onsultant or by any individual or entity for which Consultant is legally liable, including but not mited to officers, agents, employees or subconsultants of Consultant. C. General Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every ;ubconsultant or any other person or entity involved by, for with or on behalf of Consultant in he performance of this agreement. In the event Consultant fails to obtain such indemnity iibligations from others as required here, Consultant agrees to be fully responsible according to he terms of this section. Failure of City to monitor compliance with these requirements nposes no additional obligations on City and will in no way act as a waiver of any rights ereunder. This obligation to indemnify and defend City as set forth here is binding on the uccessors, assigns or heirs of Consultant and shall survive the termination of this agreement or its section. d. Indemnity Provisions for Contracts Related to Construction. Without affecting the ghts of City under any provision of this agreement, Consultant shall not be required to idemnify and hold harmless City for liability attributable to the active negligence of City, rovided such active negligence is determined by agreement between the parties or by the ndings of a court of competent jurisdiction. In instances where City is shown to have been ctively negligent and where City's active negligence accounts for only a percentage of the ability involved, the obligation of Consultant will be for that entire portion or percentage of ability not attributable to the active negligence of City. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to rovide or maintain any insurance policies or policy endorsements to the extent and within the me herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant 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 :ity may have. The above remedies are not the exclusive remedies for Consultant's failure to iaintain or secure appropriate policies or endorsements. Nothing herein contained shall be onstrued as limiting in any way the extent to which Consultant may be held responsible for ayments of damages to persons or property resulting from Consultant's or its subcontractors' erformance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. ;onsultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage squired herein to include as additional insureds City, its officials, employees and agents, using tandard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit :onsultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to loss. Consultant agrees to waive subrogation rights against City regardless of the applicability f any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to its agreement are intended to apply to the full extent of the policies. Nothing contained in this ,greement or any other agreement relating to the City or its operations limits the application of uch insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if iey include any limiting endorsement of any kind that has not been first submitted to City and pproved of in writing. 5. No liability policy shall contain any provision or definition that would serve to liminate so-called "third party action over" claims, including any exclusion for bodily injury to n employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and dditional requirements by the City, as the need arises. Consultant shall not make any -1ductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery eriod) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of isurance evidencing all of the coverages required and an additional insured endorsement to :onsultant'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 vent such insurance is canceled at any time and no replacement coverage is provided, City has he right , but not the duty, to obtain any insurance it deems necessary to protect its interests nder this or any other agreement and to pay the premium. Any premium so paid by City shall e charged to and promptly paid by Consultant or deducted from sums due Consultant, at City ption. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City ,f any cancellation of coverage. Consultant agrees to require its insurer to modify such ertificates to delete any exculpatory wording stating that failure of the insurer to mail written iotice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to ieing required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage equired to be provided by Consultant or any subcontractor, is intended to apply first and on a irimary, non-contributing basis in relation to any other insurance or self insurance available to ;ity. 10. Consultant agrees to ensure that subcontractors, and any other party involved with he project who is brought onto or involved in the project by Consultant, provide the same ninimum insurance coverage required of Consultant. Consultant agrees to monitor and review ill such coverage and assumes all responsibility for ensuring that such coverage is provided in :onformity 'with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for eview. 11. Consultant agrees not to self -insure or to use any self -insured retentions or eductibles on any portion of the insurance required herein and further agrees that it will not How any contractor, subcontractor, Architect, Engineer or other entity or person in any way evolved in the performance of work on the project contemplated by this agreement to self- isure its obligations to City, If Consultant's existing coverage includes a deductible or self- isured retention, the deductible or self -insured retention must be declared to the City. At that me the City shall review options with the Consultant, which may include reduction or limination of the deductible or self -insured retention, substitution of other coverage, or other olutions. 12. The City reserves the right at any time during the term of the contract to change the mounts and types of insurance required by giving the Consultant ninety (90) days advance vritten notice of such change. If such change results in substantial additional cost to the ,onsultant, the City will negotiate additional compensation proportional to the increased benefit o City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to lave been executed immediately upon any party hereto taking any steps that can be deemed to ie in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of ;ity to inform Consultant of non-compliance with any insurance requirement in no way imposes my additional obligations on City nor does it waive any rights hereunder in this or any other egard. 15. Consultant will renew the required coverage annually as long as City, or its employees )r agents face an exposure from operations of any type pursuant to this agreement. This )bligation applies whether or not the agreement is canceled or terminated for any reason. ^ermination of this obligation is not effective until City executes a written statement to that affect. 16. Consultant shall provide proof that policies of insurance required herein expiring during he term of this Agreement have been renewed or replaced with other policies providing at least he same coverage. Proof that such coverage has been ordered shall be submitted prior to ;xpiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within :ive (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the )bligations of Consultant under this agreement. Consultant expressly agrees not to use any Statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not Mended as limitations on coverage, limits or other requirements nor as a waiver of any -overage normally provided by any given policy. Specific reference to a given coverage feature s 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. I °; 19. These insurance requirements are intended to be separate and distinct from any other rovision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this ,greement to the extent that any other section or provision conflicts with or impairs the rovisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party evolved in any way with the project reserves the right to charge City or Consultant for the cost f additional insurance coverage required by this agreement. Any such provisions are to be eleted with reference to City. It is not the intent of City to reimburse any third party for the ost of complying with these requirements. There shall be no recourse against City for payment f premiums or other amounts with respect thereto. :onsultant agrees to provide immediate notice to City of any claim or loss against Consultant rising out of the work performed under this agreement. City assumes no obligation or liability iy such notice, but has the right (but not the duty) to monitor the handling of any such claim or laims if they are likely to involve City. >.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such eports concerning Consultant's performance of the services required by this Agreement as the :ontract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to )erform the services required by this Agreement and enable the Contract Officer to evaluate the :ost and the performance of such services. Books and records pertaining to costs shall be kept ind prepared in accordance with generally accepted accounting principals. The Contract Officer ;hall have full and free access to such books and records at all reasonable times, including the ight to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, Documents and other materials, whether in hard copy or electronic form, which are prepared by onsultant, its employees, subcontractors and agents in the performance of this Agreement, ;hall be the property of City and shall be delivered to City upon termination of this Agreement or ipon the earlier request of the Contract Officer, and Consultant shall have no claim for further ;mployment: or additional compensation as a result of the exercise by City of its full rights of )wnership of the documents and materials hereunder. Consultant shall cause all subcontractors :o assign to City any documents or materials prepared by them, and in the event Consultant ails to secure such assignment, Consultant shall indemnify City for all damages suffered :hereby. In the event City or any person, firm or corporation authorized by City reuses said focuments and materials without written verification or adaptation by Consultant 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 Consultant from ability resulting from said change. The provisions of this clause shall survive the completion of its Contract: and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents nd other materials prepared by Consultant in the performance of services under this Agreement hall not be released publicly without the prior written approval of the Contract Officer or as squired by law. Consultant shall not disclose to any other entity or person any information �garding the activities of City, except as required by law or as authorized by City. .0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to alidity and to performance of the parties in accordance with the laws of the State of California. egal actions concerning any dispute, claim or matter arising out of or in relation to this kgreement shall be instituted in the Superior Court of the County of Riverside, State of :alifornia, or any other appropriate court in such county, and Consultant covenants and agrees o submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party hall notify the injuring party in writing of its contentions by submitting a claim therefore. The ijured party shall continue performing its obligations hereunder so long as the injuring party ;ommences to cure such default within ten (10) days of service of such notice and completes he cure of such default within forty-five (45) days after service of the notice, or such longer )eriod as may be permitted by the Contract Officer; provided that if the default is an immediate langer to the health, safety and general welfare, City may take such immediate action as City leems warranted. Compliance with the provisions of this section shall be a condition precedent o termination of this Agreement for cause and to any legal action, and such compliance shall iot be a waiver of any party's right to take legal action in the event that the dispute is not ;ured, provided that nothing herein shall limit City's right to terminate this Agreement without :ause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably )elieves were suffered by City due to the default of Consultant in the performance of the >ervices required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non iefaulting party on any default shall impair such right or remedy or be construed as a waiver. "ity's consent or approval of any act by Consultant requiring City's consent or approval shall iot be deemed to waive or render unnecessary City's consent to or approval of any subsequent ict of Consultant. Any waiver by either party of any default must be in writing and shall not be i 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 -xpressly declared to be exclusive in this Agreement, the rights and remedies of the parties are ,umulative 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 ction, at law or at equity, to cure, correct or remedy any default, to recover damages for any efault, to compel specific performance of this Agreement, to obtain injunctive relief, or to btain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination f this Agreement, except as specifically provided in the following Section 7.8 for termination er cause. City reserves the right to terminate this Agreement at any time, with or without ause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of ermination, Consultant shall immediately cease all services hereunder except such as may be pecifically approved by the Contract Officer. Consultant shall be entitled to compensation for II services rendered prior to receipt of the notice of termination and for any services authorized y the Contract Officer thereafter in accordance with the Schedule of Compensation or such as iay be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of ;onsultant to fulfill its obligations under this Agreement, City may, after compliance with the irovisions of Section 7.2, take over work and prosecute the same to completion by contract or itherwise, and Consultant shall be liable to the extent that the total cost for completion of the ervices required hereunder exceeds the compensation herein stipulated (provided that City shall ise reasonable efforts to mitigate such damages), and City may withhold any payments to ;onsultant for the purpose of setoff or partial payment of the amounts owed City as previously tated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising iut of or in connection with this Agreement, the prevailing party shall be entitled to recover easonable attorneys' fees and costs of suit from the losing party. 3.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be >ersonally liable to Consultant, or any successor in interest, in the event or any default or ►reach by City or for any amount which may become due to Consultant or to its successor, or or breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, iirect or indirect, in this Agreement nor shall any such officer or employee participate in any iecision relating to the Agreement which affects his or her personal interest or the interest of my corporation, partnership or association in which she or he is, directly or indirectly, nterested, in violation of any State statute or regulation. Consultant warrants that it has not )aid or given and will not pay or give any third party any money or general consideration for >btaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its ieirs, executors, assigns, and all persons claiming under or through them, that there shall be no iiscrimination against or segregation of, any person or group of persons on account of race, ;olor, creed, religion, sex, marital status, national origin or ancestry in the performance of this 31.2 ,greement. Consultant shall take affirmative action to insure that applicants are employed and iat employees are treated during employment without regard to their race, color, creed, ;ligion, sex, marital status, national origin or ancestry. 0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either arty desires or is required to give the other party or any other person shall be in writing and ither served personally or sent by prepaid, first-class mail to the address set forth below. ither party may change its address by notifying the other party of the change of address in iriting. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if sailed as provided in this section. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: DAVID EVANS AND ASSOCIATES, INC. Attention: Kim S. Rhodes, L.A. 3867 Vice-President/Principal-in-Charge 800 North Haven Avenue, Suite 300 Ontario, CA 91764-4915 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties nd all previous understanding, negotiations and agreements are integrated into and superseded y this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent f the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, aragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable y a valid judgment or decree of a court of competent jurisdiction, such invalidity or nenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, r sections of this Agreement which are hereby declared as severable and shall be interpreted to arry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto ✓arrant that they are duly authorized to execute this Agreement on behalf of said parties and -iat by so executing this Agreement the parties hereto are formally bound to the provisions of -iis Agreement. 1 "3 IN WETNESS WHEREOF, the parties have executed this Agreement as of the dates stated elow. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date ATTEST: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: DAVID EVANS AND ASSOCIATES, INC. -32 Name: IKim S. Rhodes, L.A. 3867 Title: 'Vice President/Principal-in-Charge Date: Exhibit A Scope of Services Consultant's scope of work to prepare the project plans, specifications and estimate (PS&E) for the Jefferson Street Median Island Landscape Improvements, Project No. 2005-03 is attached and made a part of this agreement. Exhibit A November 7, 2006 Jefferson Street Section 3: Scope of Work Program Task I — Pre -Design Meeting The DEA project team shall attend a start up meeting with City staff to discuss the design intent. This meeting shall provide a thorough review of the scope of services, deliverables, and progress reviews. DEA will also review the proposed plant palette, points of connection and infrastructure. Because DEA was responsible for the design and implementation of additional areas of Jefferson Street, we feel confident that we understand the goals and objectives necessary for the success of the project. Deliverables: One startup meeting. Task 2 — Project Area Base Maps DEA shall prepare project area base maps for the Jefferson Street median improvement project. These plans shall be developed from digital street improvement plans available from RBF Engineers. The team shall also perform a physical assessment of the project area to determine the placement of elements which impact the overall design. Plans shall be prepared at a scale of 1" = 20'. Deliverables: Project area base maps @ 1 "=20'. Task 3 — Data Collection /Agency Coordination DEA shall obtain pertinent infrastructure data such as water and power points of connection and water pressure data. Coordination with CVWD and the city of Indio are included herewith in order to obtain project approval. Deliverables: Project coordination and data collection as noted. Task 4 —Conceptual Plan A "typical" planting layout will be provided, along with a cross section of the planting scheme. Plant photos will be included for proposed landscape materials. Having designed the adjacent Washington Street median landscaping improvements and the Jefferson Street medians, several years ago, DEA proposes to continue the same desert palette which is consistent with the City landscape guidelines. Deliverables: 30 "x 42 " Colored conceptual plan indicating "typical " planting scheme with plant palette photos. This task also includes one meeting with City staff. Task S — Planting Plan Plans shall include a plant legend indicating trees, palms, shrubs, and ground covers, in addition to information regarding fines and decorative rock. The legend shall indicate the botanical and common names, quantity, size, and remarks (such as variety and staking procedure). The plans shall provide an integrated palette of material in accordance with the City landscape guidelines for image corridors. Deliverables: 1 "=20' scale planting plans for new medians. Task 6 — Irrigation Plan The final irrigation plans will provide the necessary information for a complete and fully automatic irrigation system for the project area. The plans will indicate the point(s) of connection based upon CVWD and city of Indio requirements, backflow prevention and pressure regulation (as necessary), and equipment size and type in the irrigation legend. Exhibit "A" 0 November 7, 2006 �y Jefferson Street Deliverables: I "=20' scale irrigation plans for new medians. Task 7 — Electrical /Lighting Plans JCA Engineering will provide plans, specifications and engineer's estimates for median island lighting on Jefferson Street from Indio Boulevard to Fiesta Drive. JCA Engineering will coordinate with IID and prepare plans in accordance with the city of La Quinta dark sky ordinance. The team shall perform utility coordination, and provide technical support during the bidding and award process. Deliverables: 1 "=20' scale electrical / lighting plans for landscape uplighting in medians only. Task 8 — Project Specifications/Bid Documents DEA shall prepare project specifications and bid documents that will include project description, bid schedule, bid item descriptions, payment method, special provisions, technical specs and specification detail sheets. Deliverables: Eight hard copy sets of specifications (2 each at 4 review sessions) and one final digital file in Microsoft Word for Windows format. Task 9— Construction Details DEA shall prepare construction details for planting, irrigation and the placement of fines, and decorative rock. Deliverables: Construction details as noted above. Task 10 — Construction Cost Estimate and Bid Schedule The project team shall prepare a final construction cost estimate and bid schedule in a per unit basis (or lump sum) of proposed improvements once the construction documents have been completed and approved. This format shall directly match the contractor bid schedule for ease of comparison. The estimate shall be in tabular form for each construction item showing quantity, unit, unit price and total cost. Deliverables: One construction cost estimate in Excel for Windows format at each project review. Task 11-1 S' — 4th Review (Submittal and Plan Check) This task includes 4 submittals and revisions to plans, including routing of final mylar plans for signature by CVWD, IID and the City. Deliverables: Submittal and revisions to plans based upon City plan check comments (if required) and the submittal and routing of final mylar plans, and specifications. Task 12 — Assistance During Bidding The DEA team shall assist the City during the bid process which shall include responding to questions from prospective bidders and coordination with the City staff related to the project bid advertisement. This task shall also include the attendance at the pre -bid meeting to present information regarding the construction documents. Deliverables: Attendance at a pre -bid meeting. DEA shall also provide bid assistance as noted above. I Exhibit B Schedule of Compensation Payment shall be on a "Fixed Fee" basis in accordance with the Consultants Schedule of Compensation attached herewith for the work tasks performed in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed Seventy -Three Thousand Nine Hundred Ten Dollars ($73,910.00) except as specified in Section 1.6 - Additional Services of the Agreement. Fd O o O LO o LO a LO a UO 0 LO 0 LO a O a UO 0 LO 0 O a LO a LO E N — r- — 60 6q E96969&F 696969613,6969E964 O O (D r, O N O T O 00 O d' O CO O N O d• O c0 O O O N O O O 00 u) r` 60 � LO LO [t I - (0 O It N (7) +� e-- N Iq 00 41 00 M N M M N N N1 6Fi 69 69 69 Efl 69 69 69 69 161).161)16q 69 fA N f�0 4) co N 00 it l�4 (0C .w 00 (O CO N N C a 0 c CL c �� 00 N d N N 00 M Oa a0 00 00 00 N d v .19 m 0 N 00 N a0 00 N 00 N It O e Jyy VI C CA � Ll G CL c U O 'o N -0 ii C m c f9 N N� c c (D a o �,w�m N a C U N 0 3 .L Q Om m © N a c c�a� yr 3 .�JJ111 c� U 1� = f0 a d J N p .. CO : N Ay Q O U Q C ° f0 7 7 C co m� C U N N T � Q N N O N �.. U C O C f6 t6 •` U O ` C O C y N M •w (� Lf ffi r" n`a`o0a Ewa ULO).-Q a F CO ci LO O r- a0 O `� b to a o 1W: m Exhibit C Schedule of Performance Consultants Project Schedule is attached and made a part of this agreement. Consultant shall complete services presented within the scope of work contained within Exhibit "C", dated November 7, 2006, in accordance with the attached project schedule. lk k 411-; 4 .90 CL 10- a- �J! Tj 11 as OL :5 C) U) -0 a) L) L) 0 M cn t Co -2 -0 U) fl 0 0 Co c LL (U (n c Cc 'n L) E -(� E '. m a) a a WC9) — W(n.CM a) cn o ".2 r .-0 (D o LO - 0 t6 L) 0 -=3 cc CL 0 C: cm co a) CL 6 LD LD .ty) < > > 0 r a) Z M La)) r- Wa) *2 it V (D JCL 6- t 00— 0 -t� (L mia.18INC 2 o'a co :E V, 7 �2 �2 ;! !P r-w q Exhibit D Special Requirements None. ceity/ 4 XP Qumrry COUNCIL./RDA MEETING DATE: November 7, 2006 ITEM TITLE: Acceptance of Improvements Associated with Parcel Map No. 31172, La Quinta Valley Plaza, Kleine Building & Development, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: e STUDY SESSION: PUBLIC HEARING: Accept only on -site improvements to Parcel Map No. 31172, La Quinta Valley Plaza, Kleine Building & Development, Inc., and authorize staff to release the on -site security upon receipt of the warranty security. FISCAL IMPLICATIONS: None. Since no public improvements were included with this parcel, no additional maintenance costs are anticipated. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 31 172 is located northwest corner of State Highway 111 and Dune Palms Road (Attachment 1). All on -site improvements are now complete and all on - site obligations of the Subdivision Improvement Agreement have been satisfied. Included as Attachment 2 is a spreadsheet indicating security to be released upon receipt of warranty security. � � 1 CADocuments and Setting s\dvalenzuela\Desktop\C1 TM 29147-1 acceptance.doc FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept improvements to Parcel Map No. 31172, La Quinta Valley Plaza, Kleine Building & Development, Inc. and authorize staff to release the on -site security upon receipt of the warranty security; or 2. Do not Accept improvements to Parcel Map No. 31172, La Quinta Valley Plaza, Kleine Building & Development, Inc. and do not authorize staff to release the on - site security upon receipt of the warranty security; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. Jonasson, P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Security Outline 17 ATTACHMENT - 1 MILES AVE cn �eORa� ENTRE Z 14tGNWAY 111 Z cn STE W U- Axv/.ENUE 48 W VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: November 7, 2006 1 �—�R.a � o a,. — , ITEM TITLE: Acceptance of Improvements Associated with Parcel Map No. 31172, La Quinta Valley Plaza, Kleine Building & Development, Inc. APPLICANT: Kleine Building & Development, Inc. OF Tl;� f)" ml CM x LU LU CO) tm � r vt C� co 4D 00 r- co Ct 't 0 C) C) 0 to r-: C6 - LO _ Cq to 609 6q *F4, cq m cn E 61% 6111 611). 69. 60. 61% 40 40 61% C 0 O w 0 a a C:) a a C) 0 0 a C) C) m CL 0) m CD CD 0) (D E 0 0 CL ce - - - 0 C) C) C) C> CD U*) — 00 U) w LO w W) w LO I,- CD m a C� LO 0 CO 'IT m tic� to w W 0 C� "t — 0 co co r-- co L6 4, C6 CO- C:)- E IV, 0 M — T- " " " W o 4 EA fA Efi EA EA 6131 6A, 61), ca L. 0 m m 0 CD 0 0 17 0 C) O .CL CD 0 o to z 0 (D c 0 0 C d) E 0 a 0 C.) 4) E E 0) > 0 0 Q 0 0 0 w 2 r - , (D U_ (L) U_ r_ 2,. 2 OL E .9 c. -i6 0 c 0 OL Q. 0 0 .2 -2 uj r " " 2 * - E w q) m < 4 5 (m D 0 —m (D .6 n a J? A a: p Z z 2 2? 0 0 0 I M 2 0 &_ 1 0 UJ 0 o (D C'/) 3: cn I E 21.0- (/)I CLI a -I ZI I I I COUNCIL/RDA MEETING DATE: November 7, 2006 ITEM TITLE: Consideration of Membership Status in Relation to the Palm Springs Desert Resorts Convention and Visitors Authority RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: If the City of La Quinta decided to withdraw from the Palm Springs Desert Resorts Convention and Visitors Authority (CVA), the City would no longer be required to contribute transient occupancy taxes (TOT) to the CVA effective January 2008. The City of La Quinta's contribution to the CVA for calendar year ending December 31, 2005 was $537,452.34. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council considered a Study Session regarding the CVA at its meeting of November 1, 2005 as well as a Business Session on November 15, 2005. During the latter meeting, a motion to initiate the withdrawal process failed due to a tie vote (Attachment 1). The Council directed that the matter be placed back on the agenda at the first meeting in November 2006 so that the matter could be reconsidered within the tirneframe necessary to withdraw effective January 2008. The process to withdraw from the CVA is outlined below (per the CVA's JPA, Article XIII, Withdrawal of Member Organization): 1) Effective date shall be the last day of the calendar year; 2) Current annual contribution must be paid in full; 3) Annual contribution for the following year must be paid in full via the normal payment process; 4) Notice must be given at least 13 months prior to effective date of withdrawal; 5) Withdrawing member shall have no voting privileges except for budget items; 6) A withdrawing member may become a participating member again only if it pays an amount equal to all contributions it would have paid if it had not withdrawn. Staff has notified the CVA that this item will be on the agenda so the CVA may make a presentation to demonstrate what has been accomplished over the last year. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Direct staff to begin initiation of the withdrawal process as it relates to the Palm Springs Desert Resorts Convention and Visitors Authority; or 2. Do not direct staff to begin initiation of the withdrawal process as it relates to Palm Springs Desert Resorts Convention and Visitors Authority; or 3. Provide staff with alternative direction. Respectfully submitted, Thomas P. Genovese, City Manager Attachment 1. Meeting minutes of November 15, 2005 (pp. 7-9) j Attachment 1 City Council Minutes 7 November 15, 2005 Council Member Osborne stated he feels the name "Arnold Palmer Boulevard" would bring more recognition to the City and be good for tourism. Council Member Sniff stated he feels it's foolish to change the name of a multi -jurisdictional street, and questioned there being any basic dollar value in changing it to Arnold Palmer Boulevard. He indicated he would not support changing the name of the street. Council Member Henderson stated she will not support a name change because she doesn't feel it's a good idea to send two names back to the Planning Commission. MOTION - It was moved by Council Member Osborne to direct staff to initiate the process for a street name change for Avenue 52 between the City limits on the east and Calle Sinaloa on the west to Arnold Palmer Boulevard. Motion failed due to lack of a second. 2. CONSIDERATION OF MEMBERSHIP STATUS IN RELATION TO THE PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY. City Manager Genovese presented the staff report. Jeff Beckelman, CEO of Palm Springs Desert Resorts Convention & Visitors Authority, encouraged Council not to submit a notice of intent to withdraw. Council Member Osborne stated he believes Mr. Beckelman has some great ideas but is not sure how much control he will have in getting changes made. He feels some changes need to be made, and that the Council needs to do what it can to help those changes occur. He doesn't support just hoping for the best without having some manner of influence on it. Council Member Sniff stated he feels the cities should no longer subsidize the City of Palm Springs' tourism, and that all of the cities should be on an equal basis. He feels it's time to launch a new realistic CVA, and would like to apply a form of leverage, as the City of Palm Desert has done, to make sure the Board realizes that changes are absolutely necessary. He pointed out a notice of intent can be rescinded but would indicate a strong sense that the Council requires meaningful change on several issues. He believes Mr. Beckelman will make a sincere effort to improve things but that doesn't guarantee success. He understands the City's representative would still be allowed to vote on anything connected to the budget if a notice of intent is submitted. City Council Minutes 8 November 15, 2005 Council Member Henderson stated that issue was discussed at today's CVA meeting because most everything is connected to the budget. She stated a point of view was presented that the intent was to fashion it around the actual adoption of the budget and budget items, and not just anything that can be tied to the budget. The CVA attorney is going to research the issue but it will come down to being a policy decision. Council Member Sniff stated he feels the proper course of action is to submit a notice of intent, and that an action like the City of Palm Desert's will provide a sense of firm direction to encourage changes at the CVA. Council Member Henderson noted Mr. Beckelman was selected because the Board feels he is qualified to take CVA into the future and correct some of the problems of the past. She noted the issues of the business community having voting privileges and hiring a dedicated sales person for the Palm Springs Convention Center have already been removed from the table. She stated the Board is aware that there are other issues to discuss, and is anxious for the things Mr. Beckelman can bring to the CVA. They are anxious to support Mr. Beckelman but not for him to control the Board. She referenced a suggestion that he has asked the Board to think over and discuss it at the next meeting. She feels a letter of withdrawal sends a negative message instead of a positive one. The Board has expressed how significant they feel Palm Desert is to the CVA and how important it is for them to be a part of the organization. She doesn't feel adding another notice of intent is positive nor will accomplish what is already in motion. Mayor Adolph stated he is willing to give Mr. Beckelman a year to see what he can do, and agrees a notice of intent would send a negative message. Council Member Sniff noted if the'City doesn't exercise its leverage now, it will lose that opportunity for a year. He feels the Council needs to make an impression on the Board, and submit a notice of intent as the City of Palm Desert has done. Council Member Osborne stated he agrees with communicating the Council's concerns, and that the only way to accomplish that is to submit a notice of intent. Richard Oliphant, 45-500 Navajo Road, Indian Wells, noted the CVA Board is made up of representatives from eight cities and the County, and has dedicated a lot of time and effort to turn the organization around this summer. He stated Council Member Henderson has voiced La Quinta's concerns to the Board, and noted if the City gives notice, it will take that a , City Council Minutes 9 November 15, 2005 opportunity away. He expects Palm Desert's action to be withdrawn shortly because of feedback from their members, and feels it would be a mistake for La Quinta to send a negative message when it's one of the most positive cities in the Valley. He urged the Council to send a positive message and not a negative one. Council Member Sniff stated he feels sending a notice of intent would be a positive message, and that the action is imperative to make CVA a better organization. He stated the purpose would be to make the CVA better, more effective, and more current with the times. MOTION — It was moved by Council Members Sniff/Osborne to initiate a withdrawal process as it relates to the Palm Springs Desert Resorts & Convention and Visitors Authority, and give notice of intent to withdraw. Motion failed due to a tie vote with Council Member Henderson and Mayor Adolph voting NO and Council Member Perkins ABSENT. City Attorney Jenson advised the Council's Rules and Procedures call for a tie vote to come back to the Council, therefore, once Council Member Perkins returns, this item will be agendized. It will, however, no longer be relevant since the timeframe for issuing a notice of intent will have passed. 3. CONSIDERATION OF HOSTING A CITY OF LA QUINTA/LA QUINTA ARTS FOUNDATION COMMUNITY CONCERT ON THE CIVIC CENTER CAMPUS. City Manager Genovese presented the staff report. In response to Council Member Osborne, Christi Salamone, representing the La Quinta Arts Foundation, reviewed some of the events that local entertainer Mike Costley and Friends has participated in. Council Member Sniff noted Andrea Gassman has resigned from the Cultural Arts Commission, and asked to be appointed to the Community Services Commission. He requested an item be placed on the next agenda to consider appointing her to the Community Services Commission. In response to Council Member Sniff, Mr. Genovese stated the event cleanup will be handled by the City, and that additional law enforcement has not been necessary at previous concerts. He indicated the intent is for the Rotary Club to fund the security costs and provide liability insurance related to the beer and wine sales. 0; o �zSep Qum& OF11 COUNCILIRDA MEETING DATE: November 7, 2006 ITEM TITLE: Consideration of Adopting a Resolution of the City Council Increasing the Fee for Coverage Under the Coachella Valley Fringe -Toed Lizard Habitat Conservation Plan to $2,371 Per Disturbed Acre RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Staff recommends this item be pulled from the agenda in order to provide a public hearing notice to be rescheduled at a future date. Respectfully submitted, r Douglas R. Evans Community Development Director Approved for submission by: Thomas P. Genovese, City Manager T-,&f 4 4a" AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: November 7, 2006 BUSINESS SESSION: ITEM TITLE: Consideration of City Council Meeting CONSENT CALENDAR: Schedule STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On September 5, 2006, the City Council adopted Resolution Number 2006-102, amending the Council Rules of Procedure. (The staff report and meeting minutes are included as Attachment 1.) Specifically, the Council changed the regular meeting start times to 3:30 p.m. for closed session, and 4:30 p.m. for open session. Public Hearings remained at 7:00 p.m. In its motion, the City Council directed the amended scheduled be followed for three consecutive meetings, with an evaluation at the fourth meeting. Three meetings with the new schedule have taken place (September 19, October 3, and October 17); therefore, per Council direction, this item has been placed on the agenda for consideration. A resolution is attached, with the regular meeting times left blank. If Council chooses to change the start time, the attached resolution can be adopted; staff will fill in the i J. selected start time. In addition, if the start time is changed, the Agency Board and Financing Authority By -Laws will need to be amended to reference the amended City Council resolution. The By -Laws would be brought back at the next regular meeting of the Agency Board and Financing Authority. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt an amended resolution of the City Council amending the rules of procedure related to start time for City Council meetings; or 2. Do not Adopt an amended resolution of the City Council amending the rules of procedure related to start time for City Council meetings; or 3. Provide staff with alternative direction. Respectfully submitted, Thomas P. Genovese, City Manager Attachments: 1. Staff Report and minutes from September 5, 2006 S RESOLUTION NO.2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA ADOPTING RULES OF PROCEDURE FOR COUNCIL MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES. WHEREAS, Section 2.04.040 of the La Quinta Charter and Municipal Code requires that the City Council adopt Rules of Procedure to govern the conduct of its meetings and any of its other functions and activities, and regulations pertaining thereto; WHEREAS, this resolution supersedes City Council Resolutions No.93-95, No. 95-30, No. 96-26, No. 97-79, No. 98-68A, 98-109, 2003-025 and 2006-102. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta that Rules of Procedure for City Council meetings and related functions and activities are hereby adopted, to read, as follows: PURPOSE: The purpose and intent of the City Council in adopting the within rules shall be to provide directory guidelines relating to the conduct of the public business by or on behalf of the City Council, and in the event of any noncompliance with or violation of any provision herein, such will not be deemed to affect the validity of any action taken, unless otherwise specifically provided by law. 1. MEETINGS 1.1 REGULAR MEETINGS: The City Council of the City of La Quinta shall hold regular meetings in the place specified in the Municipal Code, on the first and third Tuesdays of each month at p.m. with public hearings being scheduled for 7:00 p.m. When the day for a regular meeting of the Council falls on a legal holiday, no meeting shall be held on that day; rather, such meeting shall be held at the same hour on the next succeeding day thereafter that is not a holiday. 1.2 ADJOURNED MEETINGS: Any meeting may be adjourned to a time, place, and date certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be reconvened. 1.3 SPECIAL MEETINGS: Special Meetings may be called by the Mayor or majority of Council Members on 24-hour notice, as set forth in Section 54956 of the Government Code of the State of California. Only matters contained in the notice may be considered and no ordinances Resolution No. 2006- 11-7-06 Page 2 (other than urgency ordinances) may be adopted. Notice of special meetings shall be posted in accordance with Section 1.4. 1.4 NOTICE OF MEETINGS. POSTING OF AGENDAS: The City Clerk, or designee, shall post a meeting agenda in the following locations at least 72 hours before each regular meeting of the City Council, to wit: (1) the bulletin board in front of the Civic Center; (2) the public bulletin board located outside the Village Post Office at 51321 Avenida Bermudas. The City Council finds and determines that all locations are freely accessible to the public and the Council further finds and determines that the City is legally required to post an agenda only at the Civic Center location and this direction to post in all locations is directory only and not mandatory. Other locations may be added as deemed appropriate. Following posting of said agenda, the City Clerk or designee, shall sign a declaration of the date and place of the posting of the said agenda and shall retain said declaration of posting as a public record as part of the Council meeting record to which the posting relates. The provisions of this section as to place of posting and declaration of posting shall also apply to the special meeting posting requirements of Government Code 54956. To the extent not required by State law, the provisions hereof are directory only. 1.5 QUORUM: Unless otherwise provided for in the Municipal Code, a majority of the Council shall be sufficient to do business and motions may be passed 2-1 if only 3 attend. The following matters, however, require three affirmative votes: (a) adoption of ordinances, (b) resolutions granting franchises, and (c) orders for payment of money. If a majority of the Council shall be disqualified to vote on a matter by reason of actual or apparent conflict of interest, the Council shall select by lot or other means of random selection, or by such other impartial and equitable means as the Council shall determine, that number of its disqualified members which, when added to the members eligible to vote, shall constitute a quorum. 1.6 MEETINGS TO BE PUBLIC: Study Sessions and all regular, adjourned or special meetings of the City Council shall be open to the public, provided, however, the Council may hold closed sessions from which the public may be excluded, which closed sessions shall only be held in accordance with the provisions of the Brown Act (Government Code 54950 etc.). Resolution No. 2006- 11-7-06 Page 3 1.7 CLOSED SESSION MINUTES: Pursuant to Section 54957.2 of the California Government Code, the City Clerk of the City of La Quinta may be required to attend closed session of the City Council and keep and enter in a minute book a record of topics discussed and decisions made at each meeting. The confidentiality of such minutes shall be maintained pursuant to the Government Code. 2. ORDER OF BUSINESS 2.1 AGENDA: The Order of Business of each meeting shall be as contained in the Agenda prepared by the City Clerk. The Agenda shall be a listing by topic of the subjects which shall be taken up for consideration in the following order: CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL *PUBLIC COMMENT CLOSED SESSION *PUBLIC COMMENT CONFIRMATION OF AGENDA APPROVAL OF MINUTES ANNOUNCEMENTS PRESENTATIONS *WRITTEN COMMUNICATION CONSENT CALENDAR BUSINESS SESSION *STUDY SESSION *REPORTS AND INFORMATIONAL ITEMS *DEPARTMENTAL REPORTS *MAYOR AND COUNCIL MEMBERS ITEMS *PUBLIC COMMENT PRESENTATIONS PUBLIC HEARINGS ADJOURNMENT Except with majority consent of the Council, items may not be taken out of order. * These portions of the agenda shall be used for discussion and direction to staff to bring back an item with or without additional information or clarification for final consideration as a business, consent calendar or public hearing item on a future agenda. Alternatively, direction could be given to bring back an item for further discussion on a future agenda in any of these highlighted portions of the agenda. Resolution No. 2006- 11-7-06 Page 4 2.2 DELIVERY OF AGENDA: Barring insurmountable difficulties, the Agenda shall ordinarily be delivered to Council Members each Friday preceding the Tuesday meeting to which it pertains. The Agenda shall also be available to the general public at the time it is delivered to the City Council. 2.3 ROLL CALL: Before proceeding with the business of the Council, the City Clerk shall call the roll of the Council Members and the names of those present shall be entered in the minutes. The order of roll call shall be alphabetical with the Mayor called last. 2.4 APPROVAL OF MINUTES: Unless requested by a majority of the City Council, minutes of the previous meeting may be approved without public reading if the clerk has previously furnished each Council Member with a copy thereof. 2.5 PUBLIC HEARINGS: Generally, public hearings shall be conducted in the following order: Hearing opened by Presiding Officer Staff presentation Questions of Staff by Council Public testimony opened by Presiding Officer Public testimony Hearing closed Questions by Council Discussion by Council Action by Council Questions or comments from the public shall be limited to the subject under consideration. Depending upon the extent of the agenda, and the number of persons desiring to speak on an issue, the Presiding Officer may, at the beginning of the hearing, limit testimony, but in no event to less than 3 minutes per individual. Any person may speak for a longer period of time, upon approval of the City Council, when this is deemed necessary in such cases as when a person is speaking as a representative of a group or has graphic or slide presentations requiring more time. Quasi-judicial hearings shall be conducted in accordance with the principles of due process, and the City Attorney shall advise the City Council in this regard. Resolution No. 2006- 11-7-06 Page 5 2.6 PUBLIC COMMENT: Pursuant to Government Code 54954.3, each agenda for a regular meeting shall provide an item entitled "Public Comment". The purpose of such item shall be to provide an opportunity for members of the public to directly address the City Council on items of interest to the public that are within the subject matter jurisdiction of the City Council. In order to assure that the intent of Government Code 54954.3 is carried out, three (3) minutes is the amount of time allocated for each individual speaker. Government Code 54954.2 provides that no action shall be taken on any item not appearing on the agenda unless the action is authorized by Government Code 54954.2 (b). On items of public comment or discussion, any matter raised by the public which does not specifically appear on the agenda shall, upon direction of any Council Member, be automatically referred to the staff or placed on the next meeting's agenda. It is hereby determined that such requests or direction by a Council Member shall not be considered action taken by the Council on said item raised by the public. Further, Council 6scussion of the matter shall not be considered action taken. 2.7 CONSENT AGENDA: Items of routine nature, and non -controversial, shall be placed on the consent agenda. All items may be approved by one blanket motion upon unanimous consent. Prior to, or following review of the consent agenda by the City Manager, any Council Member may request that any item be withdrawn from the consent agenda for separate consideration. However, any Council Member may abstain from voting on any consent agenda, and the City Clerk shall be instructed to record such abstentions in the minutes. 3. PRESIDING OFFICER 3.1 PRESIDING OFFICER: The Mayor shall be the Presiding Officer at all meetings of the Council. In the absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of both the Mayor and the Mayor Pro Tempore, the senior Council Member shall preside. If there are two Council Members with equal seniority, then the one who received the highest number of votes in the election shall be the Presiding Officer. In accordance with Government Code Section 36801, the Council shall meet on the Tuesday after each general municipal election and choose one of its members as Mayor Pro Tempore. Each selection shall be by three or more affirmative votes, and a failure to achieve such total of affirmative votes, shall be deemed a selection of the incumbent(s) to remain in office. Each person so selected shall serve until a successor tSC Resolution No. 2006- 11-7-06 Page 6 is chosen (at any time) by three or more affirmative votes, provided that at the second regular meeting in November of each odd numbered year, the office of Mayor Pro Tempore shall automatically be reconsidered by the Council. 3.2 CALL TO ORDER: The meeting of the Council shall be called to order by the Mayor, or in his/her absence, by the Mayor Pro Tempore. In the absence of both the Mayor and the Mayor Pro Tempore, the meeting shall be called to order by the senior Council Member as determined in Section 3.1, who shall serve as Presiding Officer. 3.3 PARTICIPATION OF PRESIDING OFFICER: The Presiding Officer may move, second, and debate from the Chair, subject only to such limitations of debate as are imposed on all Council Members, and he shall not be deprived of any of the rights and privileges of a Council Member by reason of his acting as Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of the meeting. If he desires to personally engage in extended debate on questions before the Council, he should consider turning the Chair over to another member. 3.4 QUESTION TO BE STATED: The Presiding Officer shall verbally restate each question immediately prior to calling for the vote. Following the vote the Presiding Officer shall verbally announce whether the question carried or was defeated. The Presiding Officer may also publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. 3.5 SIGNING OF DOCUMENTS: The Mayor, or Mayor Pro Tempore, or Acting Presiding Officer, in the absence of the Mayor, shall sign ordinances adopted by the City Council. The City Clerk, or Deputy City Clerk, shall attest to the signature of the Mayor, Mayor Pro Tempore, or the Acting Presiding Officer. 3.6 MAINTENANCE OF ORDER: The Mayor or Presiding Officer is responsible for the maintenance of order and decorum at all times. No person is allowed to speak who has not first been recognized by the Chair. All questions and remarks shall be addressed to the Chair. Resolution No. 2006- 11-7-06 Page 7 4. RULES. DECORUM AND ORDER 4.1 POINTS OF ORDER: The Presiding Officer shall determine all Points of Order subject to the right of any member to appeal to the Council. If any appeal is taken, the question shall be, "Shall the decision of the Presiding Officer be sustained?" in which event a majority vote shall govern and conclusively determine such question of order. 4.2 DECORUM AND ORDER - COUNCIL MEMBERS: (a) Any Council Member desiring to speak shall address the Chair and, upon recognition by the Presiding Officer, shall confine himself to the question under debate. (b) A Council Member, once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer; unless a Point of Order is raised by another Council Member; or unless the speaker chooses to yield to questions from another Council Member. (c) Any Council Member called to order while he is speaking shall cease speaking immediately until the question of order is determined. If ruled to be in order, he shall be permitted to proceed. If ruled to be not in order, he shall remain silent or shall alter his remarks so as to comply with rules of the Council. (d) Council Members shall accord the utmost courtesy to each other, to city employees, and to the public appearing before the Council and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities. (e) Any Council Member may move to require the Presiding Officer to enforce the rules and the affirmative vote of a majority of the Council shall require him to so act. (f) Except where specifically authorized by City Council action or for purely ceremonial purposes, no Council Member attending a City commission or committee meeting shall make any statement or give the appearance or indicate in any way that he or she is representing the City. When making a comment at such a meeting, the Council Member should make it clear that he or she is speaking solely as an individual. Unless officially appointed to participate on a committee, Council Members should make an effort not to insert themselves into or take positions on matters which will or are likely to be; the subject of public hearings or will be decided upon by the City Council after considering the entire issue. Resolution No. 2006- 11-7-06 Page 8 4.3 DECORUM AND ORDER - EMPLOYEES: Members of the administrative staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the Council. The City Manager shall ensure that all City employees observe such decorum. Any staff members, including the City Manager, desiring to address the Council or members of the public shall first be recognized by the Chair. All remarks shall be addressed to the Chair and not to any one individual Council Member or member of the public. 4.4 DECORUM AND ORDER - PUBLIC: Members of the public attending Council meetings shall observe the same rules of order and decorum applicable to the Council. Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the Council or while attending the Council meeting shall be removed from the room if the sergeant -of -arms is so directed by the Presiding Officer, and such person may be barred from further audience before the Council. Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted by the Presiding Officer, who may direct the sergeant -of -arms to remove such offenders from the room. Aggravated cases shall be prosecuted on appropriate complaint signed by the Presiding Officer. 4.5 ENFORCEMENT OF DECORUM: The head of the City°s police agency or designee shall be ex-officio sergeant -of - arms of the Council. He shall carry out all orders and instructions given him by the Presiding Officer for the purpose of maintaining order and decorum in the Council Chambers. Upon instructions from the Presiding Officer, it shall be the duty of the sergeant -of -arms or his representative to eject any person from the Council Chambers or place him under arrest or both. As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuais who are willfully interrupting the meeting, the members of the Council may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the Council from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. Resolution No. 2006- 11-7-06 Page 9 4.6 PERSONAL PRIVILEGE: The right of a member to address the Council on a question of personal privilege shall be limited to cases in which his integrity, character, or motives are assailed, questioned or impugned. 4.7 CONFLICT OF INTEREST: All Council Members are subject to the provisions of California Law, such as Chapter 7, Title 9, of the California Government Code, relative to conflicts of interest, and to conflicts of interest codes adopted by the Council. Any Council Member prevented from voting because of a conflict of interest shall refrain from debate and voting and will be considered absent. Such Council Member may choose to leave the Council Chamber during debate and voting on the issue. 4.8 LIMITATION OF DEBATE: No Council Member normally should speak more than once upon any one subject until every other member choosing to speak thereon has spoken. No member shall speak for a longer time than five minutes each time he has the floor, without approval of a majority vote of the Council. 4.9 DISSENTS AND PROTESTS: Any member shall have the right to express dissent from or protest to any action of the Council and have the reason entered in the minutes. If such dissent or protest is desired to be entered in the minutes, this should be made clear by language such as, "I would like the minutes to show that I am opposed to this action for the following reasons 4.10 PROCEDURES IN ABSENCE OF RULES: In the absence of a rule herein to govern a point or procedure, Robert's Rules of Order, Newly Revised, shall be used as a guide. 4.11 RULINGS OF CHAIR FINAL UNLESS OVERRULED: In presiding over Council meetings, the Mayor, Mayor Pro Tempore or temporary Presiding Officer shall decide all questions of interpretation of these rules, points of order or other questions of procedure requiring rulings. Any such decision or ruling shall be final unless overridden or suspended by a majority vote of the Council Members present and voting. Resolution No. 2006- 11-7-06 Page 10 5. ADDRESSING THE COUNCIL 5.1 MANNER OF ADDRESSING THE COUNCIL: Any member of the public desiring to address the Council shall proceed to the podium and wait to be recognized by the Presiding Officer. After being recognized, he shall state his name and address for the record. All remarks and questions shall be addressed to the Chair and not to any individual Council Member, staff member or other person. During a public hearing, all remarks shall be limited to the subject under consideration. No person shall enter into any discussion without being recognized by the Presiding Officer. 5.2 TIME LIMITATION: For time limitation applicable to public hearings and public comment, see Sections 2.5 and 2.6. 5.3 ADDRESSING THE COUNCIL AFTER MOTION IS MADE: After a motion has been made, or after a public hearing has been closed, no member of the public shall address the Council without first securing permission by a majority vote of the Council. 5.4 LIMITATIONS REGARDING PUBLIC COMMENTS AND REPORTS: The making of oral communications to the Council by any member of the public during the "Public Comments" portion of the agenda shall be subject to the following limitations: At any time, before or after the oral communication is commenced, the Presiding OfficE;r may if he deems it preferable, direct that the communication be made instead either to the City Manager or other appropriate staff member during regular business hours, or in writing for subsequent submittal to Council Members. 5.5 PERSONS AUTHORIZED TO BE WITHIN PLATFORM: No person except City Officials shall be permitted behind the City Council dais without permission or consent of the Presiding Officer. Resolution No. 2006- 11-7-06 Page 11 6. MOTIONS 6.1 PROCESSING OF MOTIONS: When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. A motion so stated shall not be withdrawn by the mover without the consent of the person seconding it. 6.2 MOTIONS OUT OF ORDER: The Presiding Officer may at any time, by majority consent of the Council, permit a member to introduce an ordinance, resolution, or motion out of the regular agenda order. 6.3 DIVISION OF QUESTION: If the question contains two or more divisional propositions, the Presiding Officer may, and upon request of a member shall (unless appealed), divide the same. 6.4 PROCEDURE OF MOTIONS: When a motion is before the Council, no motion shall be entertained except the following, which shall have precedence in the following order: (a) Adjourn (b) Fix hour of adjournment (c) Table (d) Limit or terminate discussion (e) Amend (f) Postpone 6.5 MOTION TO ADJOURN: (not debatable) A motion to adjourn shall be in order at any time, except as follows: (a) When repeated without intervening business or discussion. (b) When made as an interruption of a member while speaking. (c) When discussion has been ended, and vote on motion is pending, and (d) While a vote is being taken. Resolution No. 2006- 11-7-06 Page 12 6.6 MOTION TO FIX HOUR OF ADJOURNMENT: Such a motion shall be to set a definite time at which to adjourn and shall be debatable and shall be amendable by unanimous vote. 6.7 MOTION TO TABLE: A motion to table shall be used to temporarily by-pass the subject. A motion to table shall be undebatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" at any time prior to the end of the next regular meeting. 6.8 MOTION TO LIMIT OR TERMINATE DISCUSSION: Such a motion shall be used to limit or close debate on, or further amendment to, the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion. 6.9 MOTION TO AMEND: A motion to amend shall be discussed only as to the amendment. A motion to amend an amendment is possible but no additional motions to further amendments may be made. Any amendment shall relate to the original motion and not introduce a different matter. Amendments shall be voted first, then the main motion as amended. Alternatively, the original maker of the main motion may agree to revise the original motion and if the second agrees to second the revised motion, the Council may vote on the main motion as revised. 7. VOTING. PROCEDURE 7.1 VOTING PROCEDURE: In acting upon every motion, the vote shall be taken by electronic voting. In the event the electronic voting machine is not functioning, the vote shall be taken by roll call. The vote on each motion shall then be entered in full upon the record. The order of voting shall be alphabetical with the Mayor voting last. The Clerk shall call the names of all members seated when a roll call vote is ordered or required. Members shall respond "aye', 'no' or'abstain'. Every ordinance and any resolutions or orders for franchises or payments of money require three affirmative votes. Any member may change his vote before the next order of business. Resolution No. 2006- 11-7-06 Page 13 7.2 FAILURE TO VOTE: A Council Member who abstains due to reasons of conflict shall, for purpose of the item under consideration, be considered as if absent. A Council Member abstaining for reasons other than conflict shall, be counted as present for purposes of a quorum and such abstentions are counted with the majority. A Council Member who leaves the dais solely to avoid participating in a specific item shall, in absence of a conflict, be counted as if they were present but abstaining and such abstentions are also counted with the majority. 7.3 RECONSIDERATION: Any Council Member who voted with the majority may move a reconsideration of any action at the same meeting or, within seven (7) calendar days, request in writing to the City Manager or City Clerk that it be agendized for consideration at the following meeting. If the seventh calendar day falls on a holiday, then the deadline shall be the next business day. In the event that the subject of the reconsideration is a motion that failed as the result of a tie vote, any Council Member who voted against the earlier motion may move for reconsideration within the same seven (7) calendar day period. If the motion to reconsider passes, then the original item may be reconsidered at that time or agendized for the next meeting which meets any applicable noticing requirements. After a motion for reconsideration has once been acted upon, no other motion for reconsideration thereof shall be made without unanimous consent of the Council. 7.4 TIE VOTES: Tie Votes shall be lost motions unless an additional Motion is made which obtains a majority vote to break the tie. When all Council Members are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal. If a tie vote results at a time when less than all members of the Council are present, the matter shall automatically be continued to the agenda of the next regular meeting of the Council, unless otherwise ordered by the Council. Notwithstanding the above, if a tie vote results at a time when one or more Council Member(s) are abstaining for reasons other than conflict of interest then, in that instance, the abstention vote shall be counted in favor of the motion thereby breaking the tie vote. Resolution No. 2006- 11-7-06 Page 14 8. RESOLUTIONS 8.1 DEFINITIONS: As a rule of thumb, it can be said that legislative acts of the City Council (usually a rule of public conduct for long-term application) are taken by ordinance, whereas more routine business and administrative matters (usually more temporary and transitory in nature) are accomplished by "resolutions". The term "resolution" in its general sense will denote any action taken affirmatively via a vote of the Council, other than one taken by ordinance. As used in this City, however, three terms are in general use to denote such (non -ordinance) actions: "resolution", "minute order", and "motion"(thereafter recorded by minute entry). Technically, all three are equally as legally effective and binding; they just vary in the formality of respective memorialization. The most formal is referred to locally as a "resolution". This, in addition to being referenced in the minutes, will be recorded by a separate document, numbered in sequence and preserved in a separate set of books. Such "resolutions" are used in this City for various reasons, such as when specifically required by law, when needed as a separate evidentiary document to be transmitted to another governmental agency, or where the frequency of future reference back to its contents warrants a separate document (with the additional "whereas" explanatory material it often recites) to facilitate such future reference and research. A "minute order" as used locally denotes a Council action which is recorded simply by an item entry in the minutes of the meeting at which it was accomplished, and no separate document is made to memorialize it. However, sequential numbering shall be assigned to each motion to facilitate indexing. 8.2 RESOLUTIONS PREPARED. IN ADVANCE: Where a resolution has been prepared in advance, the procedure shall be: motion, second, discussion, vote pursuant to methods prescribed in Section 7.1, and result declared. It shall not be necessary to read a resolution in full or by title except to identify it. Any member may require that the resolution be read in full. 8.3 RESOLUTIONS NOT PREPARED IN ADVANCE: Where a resolution has not been prepared in advance, the procedure shall be to instruct the City Manager or the City Attorney to prepare a resolution for presentation at the next Council meeting. 1,98 Resolution No. 2006- 11-7-06 Page 1;5 8.4 URGENCY RESOLUTIONS: In matters of urgency, a resolution may be presented verbally in motion form together with instructions for written preparation for later execution. After the resolution has been verbally stated, the voting procedure in 8.2 above shall be followed. Urgency resolutions shall be avoided except when absolutely necessary; and shall 'be avoided entirely when resolutions are required by law, in improvement acts, zoning matters, or force account work on public projects. Where the resolution has been drafted in written form, either before or during the meeting, this paragraph shall not be deemed applicable. 9. ORDINANCES 9.1 INTRODUCTION AND ADOPTION OF ORDINANCES: Ordinances shall not be passed within five days of their introduction, nor at other than a regular meeting or at an adjourned regular meeting. However, an urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned regular meeting held at least five days after alteration. Corrections of typographical or clerical errors are not alterations within the meaning of this section. 9.2 EFFECTIVE DATE: All ordinances, except as provided in Section 36937 of the Government Code, shall take effect 30 days after adoption, but may be made operative at such later date as may be designated in the ordinance. 9.3 PUBLISHING: It shall be the duty of the City Clerk to post or publish all ordinances in accordance with section 36933 of the Government Code within 15 days after adoption. 10. POLITICAL ACTIVITIES (A) Council Members shall not use, or attempt to use, their position, office or authority to influence, aid or obstruct any City employee from securing any position, nomination, confirmation or promotion, or change in compensation or position in the City upon consideration or condition that the vote or political Resolution No. 2006- 11-7-06 Page 16 influence or action of such person or another shall be given or used in behalf of, or withheld from, any candidate, officer, or party, or upon any other corrupt condition or consideration. This prohibition shall apply to urging or discouraging the individual employee's action. (13) A Council Member or candidate shall not, directly or indirectly, solicit political funds or contributions, knowingly, from other officers or employees of the local agency or from persons on an employment list of the City, with the knowledge that the person from whom the contribution is solicited is an officer or employee of the City. This section shall not prohibit the Council Member from requesting political contributions from officers or employees of the City if the solicitation is part of a solicitation made to a significant segment of the public which may include officers of employees of the City. (C) No Council Member or candidate shall engage in political activity during working hours in City officers or work areas where such activity would disrupt the workplace. For purposes of this section, City offices or work areas includes the areas behind the public counters, but excludes the Council Chambers and Council Member offices. 11. RULES DIRECTORY To the extent not required by State laws, these rules of procedure shall be considered directory only; and compliance herewith shall not be considered mandatory or jurisdictional. PASSED, APPROVED and ADOPTED this 7th day of November 2006 by the following vote: AYES: Council Members, Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: None ASSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California Resoluflon No. 2006- 11-7-06 Page 17 ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California COUNCIL/RDA MEETING DATE: September 5, 2006 ITEM TITLE: Consideration of Resolution Amending Rules of Procedure for Council Meetings and Related Functions and Activities RECOMMENDATION: QarA; HMENT 1 AGENDA CATEGORY: BUSINESS SESSION: 4 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt an amended and restated resolution of the City Council amending rules of procedure for council meetings and related functions and activities. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On August 1, 2006, the City Council discussed suggestions to increase the efficiency of City Council meetings. The staff report is included as Attachment 1. Several items required formal Council action, including: changing the commencement time of City Council meetings, and limiting the number of art wall award recipients at each meeting or changing the process for presentation of the art wall awards. During the previous Council discussion, no changes were proposed to the art wall presentation procedures. Therefore, those procedures will remain in place. Previously, the City Council subcommittee proposed changing the commencement time of Council meetings from 2:00 p.m. to 4:00 p.m.; however, the subcommittee has met again and proposed the commencement time be 3:30 p.m. for closed session and 4:30 p.m. for open session. This gives Council flexibility to begin closed session at 3:30 p.m., or a later time, depending on the number of closed session items on the agenda. As is currently the practice, if there are no closed session items, the City Clerk would make an announcement that the Council meeting will begin at 4:30 p.m. Open session is proposed to last two hours, with dinner taking place from 6:30 p.m. to 7:00 p.m.; public hearings would still begin at 7:00 p.m. As discussed previously, the subcommittee recommends that no new open session items be considered after 10:00 p.m., unless there is Council consensus to continue beyond that hour. (This is recommended as a policy only, and is not included in the resolution.) As noted in the August 1, 2006 report, open session items not discussed would be considered at a future meeting, perhaps as soon as the next business day. Additionally, if closed session items remain, Council would recess back into closed session. If there is a large agenda, study session (or closed session) items could be heard prior to 3:30 p.m. by noticing the meeting as a Special City Council (or Redevelopment Agency) meeting. Staff is seeking Council direction. Section 1.1 of the attached draft resolution has been amended to reflect a 3:30 p.m. commencement time; however, the resolution will be changed to reflect the commencement time desired by Council. Staff has additionally updated Resolution 98-109 (see Attachment 2), including the following sections: Section 1.4 related to locations of agenda postings. Section 7.3 related to reconsideration of an action, which had been previously amended via Resolution 2003-025 (Attachment 3). This revised resolution simply incorporates those changes. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt an amended and restated resolution of the City Council amending rules of procedure for council meetings and related functions and activities; or 2. Do not adopt an amended and restated resolution of the City Council amending rules of procedure for council meetings and related functions and activities; or 3. Provide staff with alternative direction. Respectfully submitted, Thornas P. Genovese, City Manager Attachments: 1. Staff report dated August 1, 2006 2. Redline of Resolution 98-109 3. Resolution 2003-025 City Council Minutes September 5, 2006 5. CONSIDERATION OF A RESOLUTION AMENDING RULES OF PROCEDURE FOR COUNCIL MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES, City Manager Genovese presented the staff report. Mayor Adolph noted the time change would be for a trial period that can be changed back if it doesn't work out. In response to Council Member Osborne, Mr. Genovese clarified study sessions would be held prior to the regular 3:30 p.m. meeting time. Starting at 4:30 p.m. to 6:30 p.m. would allow two hours for the open business session with closed session being at 3:30 p.m. Council Member Osborne stated continuing items to the following day would be a problem with his work schedule. Mayor Adolph noted Council would always have the option of continuing past 10:00 p.m. if needed. Council Member Kirk stated he feels the 10:00 p.m. deadline is intended to be a guideline to avoid having people wait in the Council Chambers until 1:00 a.m. Council Member Henderson stated she feels it would be fair at some point during the evening session for the Mayor to announce an estimated time for the meeting to end so people can leave instead of waiting. She suggested trying it for three meetings then coming back on an agenda for discussion. She commented on the amount of business the City has to handle, and stated she isn't sure the business session can be handled in two hours but is willing to try it. Council Member Sniff questioned Council being able to give public issues proper attention if their eyes are on the clock. He views the proposed changes as unnecessary and somewhat self-serving, and rejects the changes. He suggested an alternative solution would be for each Council Member to cut down on their comments and for the interview process to be compacted. He voiced concern about changing the basic outline and format that has been in place for years, and stated he doesn't know how the Redevelopment Agency and Financing Authority would fit in with the changes. He feels there is a lack of logical consistency in having the meeting start at different times. Mayor Adolph commented on late meetings being difficult on staff who have to be at work early the next morning. City Council Minutes September 5, 2006 Council Member Kirk agreed Council can always go back to the former format if the changes don't work. Council Member Sniff left the dais during discussion of this item due to illness, and was not present when action was taken. RESOLUTION NO. 2006-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING RULES OF PROCEDURE FOR COUNCIL MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES. It was moved by Council Members Kirk/Henderson to adopt Resolution No. 2006-102 as submitted, accepting the subcommittee's recommendation to change the start time to 3:30 p.m. for closed session and 4:30 p.m. for open session for a trial period of three meetings and reconsider and evaluate the time change at the fourth meeting. Motion carried with Council Member Sniff ABSENT. 6. CONSIDERATION OF APPROVAL OF AN ART PURCHASE AGREEMENT WITH VIGALL ART FOR THE DESIGN AND CONSTRUCTION OF THE ARCH SCULPTURE ADDITION. (This item was moved from Consent item No. 6.) Community Services Director Hylton presented the staff report. Council Member Osborne inquired about how the quail would be attached to keep them from being broken off. Tim Vigallon, the artist, stated the pieces can be cemented from the bottom and welded at the top. He confirmed the pieces will be flat but offset to provide a three-dimensional effect. Council Member Henderson noted children sometimes play in the area, and voiced concern about them getting hurt. Mr. Vigallon stated the pieces will be thick stainless steel, and rounded on the edges. Council Member Henderson suggested one of the pieces be situated in front of the arch so that the quail's head is centered to the post. REPORT/INFORMATIONAL ITEM: INVESTMENT ADVISORY BOARD Meeting September 13, 2006 CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 5:30 P.M. by Chairperson Deniel, followed by the Pledge of Allegiance. PRESENT: Board Members Moulin, Deniel, Olander, and Rassi ABSENT: Board Members Egbert OTHERS PRESENT: John Falconer, Finance Director, Louise West, Accounting Manager and Vianka Orrantia, Secretary, II PUBLIC COMMENTS — Ted Novascone, La Quinta Resident Mr. Novascone advised the Board of the handout addressing the RFP for money manager. Mr. Falconer suggested that this item be discussed under V. Business Session, item B. III CONFIRMATION OF AGENDA — (This is the time set aside for public comment on any matter not scheduled on the agenda.) None. IV CONSENT CALENDAR A. Approval of Minutes of Meeting on July 12, 2006 for the Investment Advisory Board. Board Member Moulin advised of a change to page 3, Item D, fifth sentence and the sentence should read: Board member Moulin advised that the review of the RFP is a delegation of authority by the City Council. MOTION - It was moved by Board Members Olander/Moulin to approve the Minutes of July 12, 2006 as amended. Motion carried unanimously. VI BUSINESS SESSION A. Transmittal of Treasury Report for June and July 2006 Mr. Falconer informed the Board that the City's annual audit was now complete and there were no unrealized gains or losses made in the financial statements based upon the June Treasurer's Report. Investment Advisory Board Minutes September 13, 2006 In response to Chairperson Deniel, Mr. Falconer advised that the management letter from the auditors is distributed to the City Manager and City Council, if the Board wishes to obtain a copy one could be made available. Board Member Moulin commented that the role of the Investment Advisory Board is limited to cash and investments, since there were no comments made towards these items the management letter is not usually distributed to the Board. Mr. Falconer reviewed for the Board the June and July Treasurer's reports, the reports reflect a flattening in yield curve and is therefore keeping the treasuries short. The activity report also reflects reinvestments at a higher yield to maturity. In response to Board Member Olander, Mr. Falconer advised of the purchase of commercial paper, $3 million in GE Capital and $3 million in UBS. Mr. Falconer stated that he stays away from purchasing asset backed paper and purchases recognizable names. Board Member Olander commented that LAIF currently has invested heavily in commercial paper. Board Member Moulin commented that page 18 of the July Treasurer's Report reflects new names of commercial paper purchased such as American Honda Finance and Wells Fargo and wanted to know if these were purchased because the City was unable to roll over the Farm Credit paper. Mr. Falconer replied that the Farm Credit was rolled over in the month of August and at that time it was hard to purchase Farm Credit paper. The Farm Credit paper that was purchased was kept short term in order to pay the debt service that was due at the end of August. MOTION - It was moved by Board Members Moulin/Olander to approve, receive and file the Treasury Report for June and July 2006. Motion carried unanimously. B. Fiscal Year 2006/07 Work Plan — Review of Investment Policy Chairperson Denial commented that Mr. Falconer was not in favor of having a portion of the portfolio managed by an outside firm. She also commented that due to the growth of the City, the City has grown beyond its original structure of the current investment policy and that the City should gradually introduce an outside money manager. Chairperson Deniel informed the Board of her attendance at the July 18th, 2006 Council Meeting for approval of the 2006/07 Investment Advisory Board work plan. She also informed the Board of the comments made by Council in reference to an outside money manager, their suggestions to relax the policy and authorize the Treasurer 2�;� Investment Advisory Board Minutes September 13, 2006 to expand its range of investments. The following are suggested areas of discussion to be considered by the Board: • Changing the buy and hold policy • Changing the two year restriction • Allowing for callable GSE's • Changing or eliminating the dollar limitations on GSE's, Commercial Paper and Corporate Notes Chairperson Deniel stated her personal comments in reference to the items of consideration; personally she does not want the internal current buy and hold policy removed. The changing of the two year restriction, she has no problem approving an increase to five years; allowing for callable GSE's, no; changing or eliminating the dollar limitations on GSE's, Commercial Paper and Corporate Notes, eliminating them, no, maybe consider increasing Commercial Paper and Corporate Notes provided the Board create individual limits by issuer. Board Member Moulin advised the Board that the Council vote in favor of a portfolio manager is currently split. General discussion ensued among the Board about educating the City Council in regards to hiring a portfolio manager and the Councils concern over the possibility of losing money and their liability if money is lost. Board Member Rassi advised the Board that he was not in favor of hiring an outside portfolio manager and if the Board considered changing the constraints in the policy for an outsider why not change the constraints for the Treasurer. General discussion ensued among the Board regarding the hiring of a portfolio manager, the investments allowed, possible risks and possible return by the portfolio manager. Mr. Novascone advised the Board of his 40 years experience in the investment field. He reviewed his handout for the Board and emphasized that if the Board chooses to hire a firm to handle a portion of the City's portfolio that they hire a reputable firm and if the Board chooses not to hire a firm he recommended that the City do a laddered approach to investments. Chairperson Deniel suggested that they ask some firms to make presentations as to what their historic performance has been for the six -month T-Bill. She also suggested that PIMCO make this presentation to the 3 Investment Advisory Board Minutes September 13, 2006 City. Mr. Novascone stated that this information could be obtained through the Nelson Market Place without having to go through an actual presentation. He suggested obtaining the top ten firms from the Nelson Market Place and writing each firm and obtaining their information relative to the benchmark. Board Member Moulin stated that there is a preconceived notion that exists with Council regarding a portfolio manager and a presentation might help the Council feel more comfortable. It was agreed upon by the Board to table the portfolio manager until next year. Chairperson Deniel suggested that each individual item listed on the work plan be discussed and voted upon by the Board. Mr. Falconer asked that he clarify his response based upon the direct question of the Mayor which was "John what do you want to do?" Mr. Falconer replied that a portfolio manager would in his estimation earn more yield but did not recommend a portfolio manager at this time because of the inverted yield curve. Mr. Falconer stated that based upon the time and allowable investment restrictions in the State Code this would not be the best time to utilize a portfolio manager. Mr. Falconer stated that if a portfolio manager were to be used they would follow a total return strategy which may result in investment losses, a result in City Council notoriety and will result in a shift of responsibility from the Treasurer to City Council. Mr. Falconer asked the Board if they wanted to look at the six month benchmark to see if it was the appropriate one to use. He continued that for the last year he has exceeded the benchmark however, the benchmark has continued to increase jumping from 1 % to 5%. He suggested an annualized benchmark. Mr. Falconer advised the Board that the items listed in the work plan were for discussion purposes and he would also like to have the Board consider the City's current six month benchmark. Mr. Falconer advised the Board that this is more than just investment funding it also affects cash flow projections. In response to Board Member Moulin, Mr. Falconer advised that when the Board decides to move forward on hiring a portfolio manager than the City will determine the money at that time for the manager to invest. 4 I Investment Advisory Board Minutes September 13, 2006 The Board voted on the items of discussion listed on the work plan; • Changing the buy and hold policy: 4 noes 0 ayes • Changing the two year restriction: 2 possible 1 noes l ayes • Allowing for callable GSE's: 4 noes 0 ayes General discussion ensued among the Board in regard to callables. • Changing or eliminating the dollar limitations on GSE's,: It was agreed by the Board to continue to the next scheduled Board meeting. Commercial Paper and Corporate Notes: $5 million per issuer with the understanding that the City can invest in the same issuer of commercial paper and corporate notes. 0 noes 4 ayes Mr. Falconer commented that under the current investment policy he is restricted to U.S. Treasuries. In response to Chairperson Deniel, Mr. Falconer advised that the Board discuss these items at the next scheduled Board meeting and than present to Council at the scheduled meeting on October 24th. He also advised that he felt Council did not want to table the RFP for portfolio manager for a year and that Council might consider amending the investment policy mid year. General discussion ensued among the Board in regards to GSE's. Mr. Falconer stated that as a practical matter the City has not invested in Fannie Mae due to their lack of an audit, if the policy stated $10 million or $20 million Staff would not invest in Fannie Mae until this is resolved. Mr. Falconer also stated that he would like to have the Board's comments at the next meeting in regards to this issue. Chairperson Deniel requested that GSE's be discussed at the October Investment Advisory Board meeting which the Board agreed upon. MOTION - It was moved by Board Members Rassi/Olander to continue the discussion of the 2006/07 Investment Policy to the October meeting. Motion carried unanimously. 5 Investment Advisory Board September 13, 2006 Minutes VI CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report — August 2006 Noted and Filed B . Pooled Money Investment Board Reports — May and June 2006 Noted and Filed C. Minutes of City Council Investment Advisory Board Work Plan Noted and Filed. D. Joint Meeting with Investment Advisory Board and City Council Board Member Moulin informed the Board that he will not be in attendance at the scheduled joint meeting with the City Council. VII BOARD MEMBER ITEMS General discussion ensued among the Board regarding the investing of City funds in the editorials in the months of July and August. Chairperson asked if the Board received a letter from the City regarding mandatory ethics training. Board Member Rassi clarified that the training is mandatory but how the test is taken is optional. Mr. Falconer advised the Board that there is a $50 fee for the training and this fee is reimbursable. If the test is taken through the California League of Cities. Board Member Moulin advised that the next scheduled training is on October 2 from 6:30 to 9:30 p.m. Vill Adjournment MOTION - It was moved by Board Members Moulin/Rassi to adjourn the meeting at 6:55 p.m. Motion carried unanimously. 6 Investment Advisory Board Minutes Su itted by, Vianka Orrantia, Secretary September 13, 2006 MW Department Report: , 10 OF TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager �J Ot DATE: November 7, 2006 SUBJECT: Department Report - Response to Public Comment The following public comments were made at the October 17, 2006, City Council meeting: 1. Jim Engle Jr., 54-760 Avenida Diaz, La Quinta, reported on the establishment of the Top of the Cove Steering Committee and introduced the chair, Dan Collister, and members of the Committee. Dan Collister, 54-855 Avenida Madero, La Quinta, a year ago, he was approached by neighbors; asking to form an association to improve security and beauty of the area. Last February, an association was formed. He introduced Mishael Patton, a member of the association, who organized the clean-up committee for the Top of the Cove. Mishael Patton, 54-290 Avenida Martinez, La Quinta, said over 100 volunteers worked for two hours on October 7 to clean up the Top of the Cove. Ms. Patton thanked Don Hinkle, Greg Patton, Council members Terry Henderson and Lee Osborne, Kay Wolff, Andrea Duley, Ashley Shunts and 45 students from La Quinta High School; students from Garden Grove; the Coffee Break Cafe who provided coffee, scones and cinnamon rolls, Torn Hartung, Director of Building & Safety who supplied the trash bags and City staff who picked up the trash. Council member Kirk said although he was unable to help in the clean-up, he has been in contact with Building & Safety Director Tom Hartung regarding the stepped -up patrol of Code Officers in the upper Cove area. Ms. Patton had three basic concerns: 1) dogs off leashes; 2) people not picking up after their dogs,; 3) trash. Numerous large items and trash had been dumped in the area, and Ms. Patton suggested making it inaccessible to vehicles. Mrs. Patton appreciated the Code Compliance officers patrolling the Cove and giving warnings to individuals who do not have their dogs on leashes. She asked if signs could be placed stating dogs must be on leashes and to clean-up after them. Council member Henderson agreed that having signage is the right direction to proceed. Council member Kirk indicated he'd like to hear back from the residents in a few weeks to see how things are going. Mrs. Patton said she would like to continue the working partnership with the City in order to keep the Upper Cove area beautiful. 2. Ian Rhodes, 43-905 Milan Court, La Quinta, questioned the progress of the building of a wall behind his property. Council member Henderson and Mayor Adolph commented it was on the Agenda this evening was an agreement with DSUSD on the subject of the fence. Mr. Rhodes said he is concerned because the area behind his house is filled with trash. Mayor Adolph indicated that property belongs to DSUSD so he would have to take it up with them. Mr. Rhodes also expressed his concern because of a stop sign down in the area, and enforcement of the speed limit. City Manager Genovese said we are continuing work with DSUSD. Mayor Adolph stated Police Chief Meyer is in the audience and is listening to your concerns. 3. Andrea Dooley, 54700 Avenida Obregon, La Quinta, representing La Quinta Cove Neighborhood Association and Stewards of Fred Wolff Nature Preserve thanked the Director of Building & Safety, Tom Hartung and Community Safety Manager Conrad in assigning Animal Control officers to patrol the area. They have been issuing warnings to owners of dogs not on leashes. She thanked the City staff as it has been successful and has already made a big difference. . i � DEPARTMENT REPORT: � , �, w CITY COUNCIL S UPCOMING EVENTS OF NOVEMBER 7 NOVEMBER 21 DECEMBER 5 DECEMBER 7 DECEMBER 9 DECEMBER 19 JANUARY 2 JANUARY 16 CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING HOLIDAY OPEN HOUSE 11:30 TO 1:30 PM EMPLOYEE RECOGNITION BANQUET CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING LA QUINTA CITY COUNCIL MONTHLY CALENDAR November 2006 Sunday 1 ... Mmy Tuesday Wednesday Thursda ...,.:.. fff 2 3 4 Oc toper 10 :00 AMALRC a 12:00 PM Mors Lunch V :90OA M • 4:00 PM SJ SR Nt I.Mnmt -Rend erson S M T W T F S !r :OP M CV AG Human 120 Co mm Osbo me is 2 3 4 5 6 8 9 10 11 12 13 117 16 15 8 19 20 7 14 21 6 PM Police/ :00 Firefighters hte rs Volunteer er 'f'i r Dinner 224 23 5 26 f. 29 31 ii£%Yi 28 i iic![ i'Ill3g;is'``rs;�rE?:;3: 3rr3E4[[I risi='uiiMRIli!( -r &fS!g9 I rii..°.r 11 5 6 7 8 9 A/ / 0 3:30 PM City Council 9:00 AM RCTC- 9:30 AM Animal Campus- Veterans Day Holiday Meeting Henderson Henderson - CITY HALL CLOSED 5:30 PM Investment 11:00 AM CVCC•Sniff Advisory Board 12:00 PM Energy/ Veterans Day Environs Sniff Election Day i 12 13 14 15 16 17 118 9:00 AM City/Chamber 7:00 PM Planning 3:00 PM Historic Preser• 9:00 AM CVA-Henderson Info. Exchange Meeting Commission vation Commission 10:00 AM Pub. Sfty-Kirk 3:00 PM Mtns. Con -Sniff 6:00 PM League - Henderson 7:00 PM Community Services Commission 39 ------ -20-- ---- -- 2' -- ---- ---- -- -- - 22 - - ---- — 23 24 25 3:30 PM City Council 12:00 PM Sunline-Adolph Meeting 4:00 PM J.Cochran Reg. Airp-Osborne Thanksgiving Day (City Thanksgiving Holiday Hall CLOSED) (City Hall CLOSED) 26 2 7 28 29 30 10:30 AMRCTC Budget A 7:00 PM Planning g iceer D mh Henderson Commission M S T W T F S li€ 1 2 3 4 5 10 11 12 6 7 8 9 13 14 15 16 :MI 17 18 19 24 25 26 20 21 22 23 27 28 29 30 31 ors Printed by Calendar Creator Plus on 11/2/2006 LA QUINTA CITY COUNCIL MONTHLY CALENDAR December 2006 .Printed by Calendar Creator Plus on 11/2/2006 i LA QUINTA CITY COUNCIL MONTHLY CALENDAR January 2007