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2008 07 01 CC6W# 4 4V adja City 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, JULY 1, 2008 3:00 P.M. Closed Session / 4:00 P.M. Open Session Beginning Resolution No. 2008-045 Ordinance No. 458 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. EVALUATION OF CITY ATTORNEY PERFORMANCE - GOVERNMENT CODE SECTION 54957. RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. 001 City Council Agenda 1 July 1, 2008 4:00 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 — NONE APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF JUNE 17, 2008. 2. APPROVAL OF SPECIAL MEETING MINUTES OF JUNE 19, 2008. 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 JULY 1, 2008. 2. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR ASSISTANT CITY MANAGER -DEVELOPMENT SERVICES AND TWO MANAGEMENT ANALYSTS TO ATTEND THE ICSC WESTERN DIVISION CONFERENCE IN SAN DIEGO, CALIFORNIA, SEPTEMBER 10-12, 2008. 3. APPROVAL OF A JOINT USE AGREEMENT WITH THE BOYS & GIRLS CLUB OF THE COACHELLA VALLEY, PRESIDENT GERALD R. FORD BOYS & GIRLS CLUB OF LA QUINTA. 002 City Council Agenda 2 July 1, 2008 4. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE RECREATION SUPERVISOR TO ATTEND THE REITZ MARKETING AND REVENUE SOURCES MANAGEMENT SCHOOL IN SAN DIEGO, CALIFORNIA, SEPTEMBER 7-10, 2008. 5. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF ONSITE IMPROVEMENTS FOR TRACT MAP 32068, GOLD RESERVE AT THE CITRUS, POMELO PACIFIC, LLC. 6. APPROVAL OF A MAINTENANCE SERVICE AGREEMENT WITH CLEAN STREET TO PROVIDE STREET SWEEPING SERVICES FOR FISCAL YEAR 2008/2009. 7. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE CITY MANAGER AND ASSISTANT CITY MANAGER -MANAGEMENT SERVICES TO ATTEND THE INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION (ICMA) ANNUAL CONFERENCE IN RICHMOND, VIRGINIA, SEPTEMBER 21-24, 2008. 8. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THREE MEMBERS OF THE CITY COUNCIL TO ATTEND THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE IN LONG BEACH, CALIFORNIA, SEPTEMBER 24-27, 2008. 9. APPROVAL OF A REQUEST FOR PROPOSALS TO OBTAIN PROFESSIONAL ENGINEERING SERVICES TO PREPARE A CITYWIDE UTILITY UNDERGROUNDING FEASIBILITY STUDY. 10. ACCEPTANCE OF ONSITE AND OFFSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 31681-1, ANDALUSIA, CORAL OPTION 1, LLC. 11. ACCEPTANCE OF ONSITE AND OFFSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 31681-2, ANDALUSIA, CORAL OPTION 1, LLC. 12. APPROVAL OF AN OPERATIONAL AGREEMENT WITH THE COUNTY OF RIVERSIDE FOR THE COACHELLA VALLEY VIOLENT GANG TASK FORCE. 13. APPROVAL OF AN INDEPENDENT ACCOUNTANT'S REPORT ON AGREED UPON PROCEDURES FOR THE ADAMS STREET BRIDGE IMPROVEMENT PROJECT. 14. APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH THE LA QUINTA CHAMBER OF COMMERCE FOR FISCAL YEAR 2008/2009. 003 City Council Agenda 3 July 1, 2008 BUSINESS SESSION 1. CONSIDERATION OF CONTRACT SERVICES AGREEMENT WITH KINER COMMUNICATIONS FOR PROFESSIONAL MARKETING SERVICES FOR FISCAL YEAR 2008/2009. A. MINUTE ORDER ACTION 2. CONSIDERATION OF A RESOLUTION TO DESIGNATE A REDEVELOPMENT SURVEY AREA FOR A PROPOSED FIFTH AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2. A. RESOLUTION ACTION 3. CONSIDERATION OF FORMATION AND APPOINTMENT OF TWO MEMBERS TO AN AD -HOC COMMITTEE TO REVIEW THE 1ST QUARTER (JULY 2008 - SEPTEMBER 2008) GRANT REQUESTS. A. MINUTE ORDER ACTION 4. CONSIDERATION OF CITY POLICIES FOR THE DONATION OF ARTWORK. A. MINUTE ORDER ACTION STUDY SESSION - NONE REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (HENDERSON) 2. BOB HOPE CHRYSLER CLASSIC AD -HOC COMMITTEE 3. CITY COUNCIL AD HOC COMMITTEE REPORTS 4. CVAG COMMITTEE REPORTS 5. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (SNIFF) 6. C.V. CONSERVATION COMMISSION (SNIFF) 7. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (TERRY HENDERSON) 8. C.V. MOUNTAINS CONSERVANCY (KIRK) 004 City Council Agenda 4 July 1, 2008 9. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 10. FRIENDS OF DESERT MOUNTAINS (KIRK) 11. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (OSBORNE) 12. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 13. PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION & VISITORS AUTHORITY (HENDERSON) 14. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 15. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 16. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 17. SANTA ROSA/SAN JACINTO NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 18. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 19. COMMUNITY SERVICES COMMISSION MINUTES DATED MAY 12, 2008 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. QUARTERLY MARKETING REPORT C. UPDATE ON GREEN SUSTAINABLE PROGRAM 2. CITY ATTORNEY 3. CITY CLERK - NONE 4. BUILDING & SAFETY DEPARTMENT REPORT - NONE 5. COMMUNITY SERVICES DEPARTMENT REPORT - NONE 6. FINANCE DEPARTMENT REPORT - NONE 7. PLANNING DEPARTMENT REPORT - NONE 8. PUBLIC WORKS DEPARTMENT REPORT - NONE 9. POLICE DEPARTMENT REPORT - NONE 10. FIRE DEPARTMENT QUARTERLY REPORT - NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 005 City Council Agenda 5 July 1, 2008 7-00 P_M_ 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. PRESENTATIONS — NONE PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION APPROVING A ONE-YEAR TIME EXTENSION FOR VILLAGE USE PERMIT 2005-032 FOR THE CONSTRUCTION OF A 19,433 t SQUARE -FOOT, TWO- STORY OFFICE BUILDING WITH COFFEE HOUSE, LOCATED ON LOT 77 AT THE NORTHWEST CORNER OF MAIN STREET AND AVENIDA LA FONDA. APPLICANT: NISPERO PROPERTIES. A. RESOLUTION ACTION ADJOURNMENT The next regular meeting of the City Council will be held on July 15, 2008, commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. Dos City Council Agenda 6 July 1, 2008 DECLARATION OF POSTING I, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of July 1, 2008, 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 June 27, 2008. DATED: une 27, 2008 i c VERONICA J. NTECINO, City Clerk City of La Quinta, California Public Notices The La Quinta 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 11) 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. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk counter at City Hall located at 78-495 Calls Tampico, La Quinta, California, 92253, during normal business hours. 007 City Council Agenda 7 July 1, 2008 COUNCIL/RDA MEETING DATE: July 01, 2008 ITEM TITLE: Demand Register Dated July 01, 2008 RECOMMENDATION: Approve Demand Register Dated July 01, 2008. BACKGROUND: Prepaid Warrants: 78509 - 78532) 2,539,142.16 78533 - 78541 } 33,084.05 Voids} (145.00) Wire Transfers} 460,231.47 P/R 35378 - 353881 217,396.91 P/R Tax Transfers} 60,504.28 Payable Warrants: 78542 - 78695} 1,769,048.55 $5,079,262.42 FISCAL IMPLICATIONS: Demand of Cash -City $4,634,362.90 Demand of Cash -RDA $444,899.52 Nk�q ohn M. Falconer, Finance Director AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING 008 CITY OF LA QUINTA BANK TRANSACTIONS 06/11/08 - 06/24/08 06/11/08 WIRE TRANSFER - WATERCOLORS 06/16/08 WIRE TRANSFER - PERS 06/16/08 WIRE TRANSFER - ICMA 06/20/08 WIRE TRANSFER - WATERCOLORS 06/24/08 WIRE TRANSFER - LANDMARK $91,100.00 $58,118.79 $10,734.27 $103,000.00 $197,278.41 TOTAL WIRE TRANSFER OUT $460,231.47 009 N N m rlm IT P O O m O O O O O O O e � W H� O b M Ill m M O m M m e m If1 WNW OF I O N M P .^ N b N N N D W > a m z o FI W W W ao a w zrz, z z . 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F N N N . o F N ei p r1 O 'i '1 N N w ri p N N p p O N Y1 N N N N F N N O N N rl N ri N No rl H N r4 „ N ri rl N N ul N N pp pp depp�u�i o N N O r4 N p fl N �0 N p O N N ri N F N N N P N 'i '1 ei ri ei 'i 'i N fl 'i ei N p N O N N N N N N N N N N N arco 0 00 �000ooOooaoo ON O O O w O O O O N O O O o O O O O o N Z W W O F K of �n o W ❑ a W a a m 2 N N R a Hd Nd U� N N ul N ul N W R b U 3 C p p a p p p p p p a p W 3 N N N a N N ri rl rl N ri rl rl N a z zo zo Wo O fmila NO No0 NOOOooOOOOOO a m F m x a ❑ U > > 3 N N N ry N p N N N N p N O N N N N ut N N NN N N o O o ry o 1� .00 ...... O 0OO O O 049 COUNCIL/RDA MEETING DATE: JUIV 1, 2008 ITEM TITLE: Authorization for Overnight Travel for Assistant City Manager -Development Services and Two Management Analysts to attend the ICSC Western Division Conference in San Diego on September 10 - 12, 2008 RECOMMENDATION: r /:CeT�l�ir7:��l:Y1LCK�]SZ. A BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize overnight travel for the Assistant City Manager -Development Services and two Management Analysts to attend the ICSC Western Division Conference in San Diego, CA on September 10 - 12, 2008 (Attachment 1). FISCAL IMPLICATIONS: The Fiscal Year 2008/2009 Budget has allocated funds for travel, training and meetings for staff. Costs associated with attending the trade show will be funded as follows: 30% from General Fund, Account No. 101-1003-413-51.01; 35% from PA #1, Account No. 405-901-702.51-01; and 35% from PA #2, Account No. 406-9002- 702.51-01. Attendance at this seminar is estimated to be $1,435 per person based upon the following costs: Conference $ 260 Lodging/Parking/Tax $ 800 Meals (3 days x $75) $ 225 Mileage $ 150 Total $1,435 CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: The International Council of Shopping (ICSC) is the global trade association of the shopping center industry. Its members include shopping center owners, developers, managers, marketing specialists, investors, lenders, retailers, and public officials. ICSC holds an annual "Western Division Conference and Deal Making" trade show.and 050 one -day exposition, which had been held in Palm Springs for the past several years. Every year, the City sends several representatives to set-up and work its booth at the exposition as part of its economic development efforts. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize overnight travel for Assistant City Manager -Development Services and two Management Analysts to attend the ICSC Western Division Conference in San Diego, CA on September 10 - 12, 2008 ; or 2. Do not authorize overnight travel for Assistant City Manager -Development Services and two Management Analysts to attend the ICSC Western Division Conference in San Diego, CA on September 10 -12, 2008; or 3. Provide staff with alternative direction. Respectfully submitted, Assistant Py Manager - Development Services Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Conference Program Description 051 ATTACHMENT 1 Conference'Jbeal M4kr6§' San Diego 052 test conditions and the scoring process for the examination will be reviewed. If you have any questions about the Test Review, please contact Madison Gross, ICSC Senior Manager, Education, at +1 646 728 3461 or mgross@icsc org Welcome Reception — "Boyside — Sun, Sea & Sail" 600-8:00PM (Note: Badges are required for entry) Make plans to rendezvous on the terrace at the San Diego Convention Center to watch the magnificent sunset and enjoy lively conversation andghors d'oeuvres! THURSDAY, SEPTEMBER 11 "5K on the Bay" Fun Run & Walk SAN DIEGO BAY BOARDWALK CONVENTION CENTER, WEST TERRACE 7`00 AM — Check In 7 30 AM — Timed Start Start your day with the Western Division's 1 st Annual 5K event along San Diego's wonderful waterfront! To register for the fun run, please log onto www.icsc org and click on Events & Programs to get a copy of the Sports Event Registration Form. Online registration is available for individuals only. If you wish to register multiple participants please fax or mail your registration form with payment. If you are interested in being a sponsor, or for more information please contact Bill Rose of HFF-Holliday Fenoglio Fowler at +1 858 812 2342 or via e-mail at brose@hfflp.com or please contact Scott Burns of Wilson Commercial Real Estate at +1 310 473 4424 or via e-mail at sburns@wcre.net. Conference Registration 730AM-700PM Continental Breakfast 800—&30 AM Informal Deal Making and Networking Lounge 8 OO AM — 6.00 PM Take this opportunity to have a seat in the Sails Pavilion and talk about your deal instead of standing in the hallway. There will be unassigned tables and chairs available on a first -come, first -served basis. Have some coffee and make some deals in a comfortable environment created just for you. NOTE: Badges are required for entry! Retail Design Exhibits ReteL 8 00 AM — 6 00 PM Desion =_xeteir The Retail Design Exhibit will showcase leading edge design concepts for retail destinations To register, log onto www icsc org and click on Events & Programs to get a copy of the Retail Design Exhibit Application if you are interested in submitting entries. Welcome and Introduction to the Program 800-8:I5AM RICK HEARN 2008 Western Division Conference and Deal Making Program Co -Chair Director of Leasing Vestor Development Co. Phoenix, AZ CARIE BOYCE 2008 Western Division Conference and Deal Making Program Co -Chair Senior Vice President of Leasing RP Realty Partners, LLC Beverly Hills, CA 053 MARY LOU FIALA ICSC Chairman President & COO Regency Centers Jacksonville, FL Re art to Members 11 15-11:4S AM itMICHAEL P KERCHEVAL President & CEO International Council of Shopping Centers New York, NY Luncheon Served 12 00 NOON - 1'00 PM (No luncheon service after 1:00 pm; box lunches available on the deal making floor) Keynote Presentation 1 Ou-2 OO PM TOMMY LASORDA Special Advisor to President Los Angeles Dodgers Los Angeles, CA Deal Making and Trade Exposition 1 2:00 NOON - 6.00 PM (Note: Badges are required for entry) Please see the Deal Making Booth Request Form for information and reservations. One booth per company will be offered on a first -come, first -served basis until all booths are taken Sunset Reception on the Bay 5:00 - 7.00 PM . (Note: Badges are required for entry) Meet your friends and collegues for an early evening reception, recounting the day's activities, viewing a remarkable sunset on the Bayside Terrace of the convention center. If you are interested in being a sponsor, Please log onto wwv.jcsc.org and click on Events & Programs to et a copy of the Sponsorship Form, or, contact Vic Montalbo, Epsteen & Associates, at +1 310 491 8171 or via email at vmontalbo@epsteen.com or Chris Wilson, Wilson Commercial Real Estate at +1 310 473 4424 or via e-mail at cwilson@wcre net. FRIDAY, SEPTEMBER 12 Registration TOO AM - 3'00 PM Next Generation Breakfast �FuEe orro 8'00 - 9 00 AM "Surf's Up" With all the talk of liquidity and retail's "Perfect Storm " are you prepared to ride out the wave ... and stay on top? At this Next Generation breakfast, learn how some of our industry's most experienced processionals have weathered challenging business climates in the past and what they are doing today to position themselves, their people and their company for the future. This session has been organized by the Next Generation committee Retail Design Exhibit 8:00 AM - 3 OO PM BS 6Xwioljl Continental Breakfast Served 800-900 AM Deal Making and Trade Exposition 8 00 AM — 3:00 PM Box Lunches Served 12 00 NOON - 1.00 PM Conference Adjourns G 0 t 3 00 PM J �{ c&ta 4.(PQamrw COUNCHARDA MEETING DATE: July 1, 2008 ITEM TITLE: Approval of a Joint Use Agreement with the Boys and Girls Club of the Coachella Valley, President Gerald R. Ford Boys and Girls Club of La Quinta RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Joint Use of Facility and Services Agreement (Attachment 1) with the Boys and Girls Club of Coachella Valley, President Gerald R. Ford Boys and Girls Club of La Quinta, and authorize the City Manager to execute the Agreement. FISCAL IMPLICATIONS: Funds have been identified in the proposed budget for Fiscal Year 2008-2009 with funding allocated in the amount of $40,000 from the City's General Fund and $30,000 from the City's annual Community Development Block Grant (CDBG) allocation. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Boys and Girls Club of Coachella Valley entered into a lease agreement on February 4, 1992 with the City to construct a facility for providing a variety of children's programs, which it began offering on June 20, 1994. On December 19, 1995, the City Council approved a Joint Use of Facility and Services Agreement with the Boys and Girls Club. The term was from January 1, 1996 through June 30, 1996 for an amount not to exceed $30,000. Subsequently, the budgets for Fiscal Years 1996-1997 through 2007-2008 have contained $30,000 from the General Fund and $30,000 from the CDBG Fund. Reports are required of the Boys and Girls Club of the Coachella Valley in order to qualify for the CDBG funds and staff has incorporated those reporting requirements as a part of each subsequent 055 year's agreement. While the prior agreements have been for one year periods, the staff is proposing that this Agreement have a two year term. The City Attorney has indicated that because the Agreement functions as a lease of the facility, it may have a term of more than one year. The City Staff and the Boys and Girls Club believe that a two year agreement is appropriate because of the continuity in programming offered between the two agencies and the long standing healthy relationship between the staff. The proposed Joint Use of Facility and Services Agreement for Fiscal Years 2008-2010 will be effective July 1, 2008 through June 30, 2010 in an amount not to exceed $80,000 for the license fee and $60,000 for the CDBG funding. On April 3, 2007, the City partnered with the President Gerald R. Ford Boys and Girls Club of La Quinta and made $25,000 in improvements to the facility for the renaming of the club to the President Gerald R. Ford Boys and Girls Club of La Quinta. The Agreement is divided into two components. The first component is for shared use of the President Gerald R. Ford Boys and Girls Club of La Quinta. The amount for this portion of the Agreement is $80,000 for 24 months and provides the City with the ability to use the facility for programs operated Monday through Friday, 6:00 a.m. to 10:00 a.m. and 7:30 p.m. to 10:00 p.m. (Summer Hours: 6:00 p.m. to 10:00 p.m.), and Saturday 8:00 a.m. to 9:00 p.m. The facility offers a game room, gymnasium, cafeteria, computer room and craft room. The second component of the Agreement is for services provided by the President Gerald R. Ford Boys and Girls Club of La Quinta to the residents of La Quinta to provide social recreation programs to children, ages 7 - 17. The social recreation program schedule is Monday through Friday 2:00 p.m. to 7:30 p.m. during the school year, and 7:30 a.m. to 5:30 p.m. during the summer months. Activities include table games, board games, clinics, tournaments, parties, and other programs designed for youth. These activities are funded by CDBG. City staff coordinated with the Riverside County Economic Development Agency to gain permission for a multi -year Agreement using CDBG funds. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Joint Use of Facility and Services Agreement with the Boys and Girls Club of Coachella Valley, President Gerald R. Ford Boys and Girls Club of La Quinta, and authorize the City Manager to execute the Agreement; or 2. Do not approve a Joint Use of Facility and Services Agreement with the Boys and Girls Club of Coachella Valley, President Gerald R. Ford Boys and Girls Club of La Quinta, and do not authorize the City Manager to execute the Agreement; or 056 3. Provide staff with alternative direction. Respectfully submitted, Edie Hyltoi Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Contract for Services Agreement 057 ATTACHMENT 1 CONTRACT FOR SERVICES AGREEMENT THIS AGREEMENT FOR JOINT USE OF FACILITY AND SERVICES (the "Agreement"), is made and entered into by and between the CITY OF LA QUINTA, (the "City"), a California municipal corporation, and the BOYS AND GIRLS CLUB OF COACHELLA VALLEY, PRESIDENT GERALD R. FORD BOYS AND GIRLS CLUB OF LA QUINTA, a nonprofit organization (the "Club"). The parties hereto agree as follows: 1.0 SHARED USE OF FACILITY 1.1 Grant of Use. Except for those office areas identified as reserved in Section 1.3 below, the Club hereby grants to the City for a term beginning July 1, 2008 to June 30, 2010, the license to enter upon, occupy, use and operate, according to the terms, conditions and covenants herein contained, the Facility during the time frame set out for City use in Section 1.2 below. 1.2 Schedule for Facility Use. 1.2.1 Basic Schedule for City Use ("City Time")• Monday through Friday 6:00 a.m. - 11:00 a.m. (School Hours) 7:30 p.m. - 10:00 p.m. (School Hours) Monday through Friday 5:30 a.m. — 7:30 a.m. (Summer Hours) 5:30 p.m. - 10:00 p.m. (Summer Hours) Saturday 8:00 a.m. - 9:00 p.m. (Year Round) Permitted by special request by City for periodic City and Club joint event use (i.e. Teen Dances & Halloween Carnival, etc.). 1.2.2 Quarterly Schedule Review. The Club and the City shall meet and confer at least quarterly to discuss their programming plans and avoid duplication of services as both Parties agree is reasonable. The City shall implement a permanent program plan within 60 days from the date of this Agreement, and maintain said plan in accordance with its terms. 1.2.3 Duty to Permit Other Group Use. During such periods of City Time not otherwise conceded to the Club that the City does not have a proposed organized group use of the Facility, or of any particular room thereof ("Unused Time Slots"), City shall grant permits to public benefit groups and private benefit groups from the community requesting to use the Facility or Facility rooms as City deems most appropriate giving due consideration to the following guidelines and priorities: Page 1 of 19 058 (1) A group that proposes a benefit to youth should have priority to a group that proposes a benefit to non -youth; (2) A group that proposes a benefit to more La Quinta residents should have a priority over a group that proposes a benefit to fewer La Quinta residents; (3) A group that proposes a use of greater public benefit to a larger number of people should have priority over a group that proposes a use with a lesser public benefit or to a lesser number of people; (4) A group posing a lesser risk of injury to persons or property should be given priority over a group that poses a greater risk of injury to persons or property; (5) The order in which the request for usage was received. 1.2.4 Duty to Supervise. During all such times as all or part of the Facility is permitted by the City to be used by one or more community groups as herein permitted, the City shall provide competent, on -site supervision of said group by an appropriate contingent of responsible adults, and such appropriate security therefore necessary to prevent property damage or intentional personal injury. 1.2.5 Liability for Damage. Property and Personal Injury. City shall be liable for all property damage and personal injury that occurs solely as a result of actions by its permittee or their guests or attendees, and shall hold the Club harmless from any and all such liability. 1.2.6 Specific Violations of Facility Use. Without limitation as to other possible violations of the Facility Use, the City shall specifically not permit the following uses: 1.2.6.1 Political Activities. City shall abide by Club's facility use policies and shall not permit or tolerate the use of the Facility for campaigning or otherwise working for the nomination or election of any individual to any public office, partisan or nonpartisan, or for any ballot measure, including any initiative, referendum, or advisory vote, except with the advance written permission of the Club, as a forum for open public debate by candidates on the condition that no member of the public shall be excluded therefrom. 1.2.6.2 Alcohol, Drugs or Tobacco. City shall abide by Club's facility use policies and not allow alcohol, illegal drugs, or tobacco to be sold, used or consumed in, on or about the Facility. City shall not permit or allow any portion of the Facility to be rented or utilized by any person, group or company that intends to provide alcoholic beverages at an event or meeting. The City shall make these facts Page 2 of 19 059 known, in writing and through oral communications, to all staff members and participants at the Facility. 1.3 Reserved Areas. 1.3.1 Club Office Areas. Excepted from the license herein granted is the area of the Club's office. 1.3.2 Storage Areas. Excepted from the license herein granted is the area of the Club's storage for games and supplies which is hereby specifically reserved and granted to the exclusive and full time use of the Club during the term of this Agreement. License is granted to the City by the Club for a term that is conterminous with the right of the City to use and operate the Facility, unless sooner terminated by the Club or 30 days written notice, for the full time and exclusive use of the small storage room off of the gymnasium in the Facility. 1.4 Operations. 1.4.1 Fees. City may charge attendance fees to its invitees and users. 1.4.2 Log Book. All parties shall keep, maintain and permit the inspection by all other parties of, a joint log book in a form approved by the Club and the City in which the City and the Club shall maintain a record of acts of vandalism, repairs, incidents of graffiti, and other major incidents. 1.4.3 Procedure Training. City shall cause and train its employees to comply with procedures in a manual ("Procedures Manual") the Club prepares regarding utility turn-offs, alarm responses, locking up/closing, key distribution, facility damage (including graffiti reporting). 1.4.4 Key Provision. Parties will coordinate on providing keys and lock up procedures and use of the alarm system. 1.4.5 Maintenance. Except for conditions which may be corrected by normal janitorial services, all Parties shall leave the Facility at the conclusion of their daily time allotment in a neat and clean condition and one that does not impose any additional duty on the janitorial and custodial services staff, or upon the next occupant of the Facility. The Facility shall be kept and maintained in a clean, sanitary and safe condition as established by the Club. The Club shall also be responsible for acceptable maintenance of all landscape areas, playgrounds, parking lots, and trash enclosure. 1.4.6 Long Term Maintenance Plan. The Parties agree to develop a long term maintenance plan during the twelve month term of this agreement to Page 3 of 19 060 Pico address an equitable cost sharing approach to non -routine maintenance issues such as floor resealing, building painting, etc., which would be put into effect in subsequent agreements. 1.5 Indemnity for Shared Use. Reciprocal Indemnity for Invitee's, Employee's or Trespasser's Personal and Property Injuries Not Caused by Design, Construction, Maintenance or Repair. Each Party ("Indemnifying Party") indemnifies each other Party ("Indemnified Party"), holds the Indemnified Party harmless, and agrees to defend the Indemnified Party against loss, damage or liability on a claim, the adverse judgment, adverse order on, or good faith settlement of, such a claim, including attorneys fees and court costs in defending such claim, suffered by an Indemnified Party due to personal injury to, or damage to the property of, an invitee (including a permittee) of an Indemnified Party ("Indemnified's Invitee"), an employee ("Indemnified's Employee") of an Indemnified Party, or to a trespasser or other uninvited person, at the Facility (except to the extent that said claims based on an act or omission of design, construction, including building materials, maintenance or non -maintenance, repair or non -repair by the Indemnifying Party) primarily caused by the act or omission of the Indemnifying Party, their employees or invitees. SERVICES OF CLUB 2.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Club shall continue to provide those services related to social recreation programs to the children of La Quinta according to the following schedule: July 1, 2008 - September 1, 2008 September 2, 2008 - December 19, 2008 December 22, 2008 - January 2, 2009 January 5, 2009 - April 10, 2009 April 13, 2009 - April 17, 2009 April 20, 2009 - June 12, 2009 June 15, 2009 - June 30, 2009 July 1, 2009 - August 30, 2009 August 31, 2009 - December 18, 2009 December 21, 2009 - January 1, 2010 January 4, 2010 - April 1, 2010 April 5, 2010 - April 9, 2010 April 12, 2010 - June 11, 2010 June 14, 2010 - June 30, 2010 Monday -Friday 7:30 a.m.-5:30 p.m. Monday -Friday 2:00 p.m.-7:30 p.m. Monday -Friday 7:30 a.m.-5:30 p.m. Monday -Friday 2:00 p.m.-7:30 p.m. Monday -Friday 7:30 a.m.-5:30 p.m. Monday -Friday 2:00 p.m.-7:30 p.m. Monday -Friday 7:30 a.m.-5:30 p.m. Monday -Friday 7:30 a.m.-5:30 p.m. Monday -Friday 2:00 p.m.-7:30 p.m. Monday -Friday 7:30 a.m.-5:30 p.m. Monday -Friday 2:00 p.m.-7:30 p.m. Monday -Friday 7:30 a.m.-5:30 p.m. Monday -Friday 2:00 p.m.-7:30 p.m. Monday -Friday 7:30 a.m.-5:30 p.m. Excluding any days off for observance of Boys and Girls Club holiday schedule. Page 4 of 19 061 The Club is required by this agreement to be familiar with and comply with the Community Development Block Grant (CDBG) regulations and adhere to the policies contained within the City's Sub -recipient Agreements. The Club understands and agrees that no waiver or exception can be granted to the CDBG policies except with express written consent of the City. The Social Recreation program is to include but is not limited to table games, board games, game technique clinics, tournaments, holiday parties, and to provide other opportunities for fun and constructive use of children's leisure time. Club warrants that all services will be performed in a competent, professional, and satisfactory manner in accordance with the standards prevalent in the industry for such services. 2.2 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 La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 2.3 Licenses, Permits, Fees and Assessments. Club shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Club shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 2.4 Familiarity with Work. By executing this Agreement, Club warrants that (a) it has thoroughly investigated and considered the work to be performed; (b) it has investigated the site of the work and fully acquainted itself with the conditions existing there; (c) it has carefully considered how the work should be performed; and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should the Club discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform City of such fact and shall not proceed except at Club's risk until written instructions are received from the Contract Officer (as defined in Section 5.2 hereof). 2.5 Care of Work. The Club shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, and other components thereof to prevent loss or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such loss or damages as may be caused by City's own negligence. The performance of services by Club shall not relieve Club from any obligation to correct any incomplete, inaccurate or defective work at no further cost to the City, when such inaccuracies are due to the negligence of Club. 06? Page 5 of 19 3.0 Cam, 2.6 Additional Services. In accordance with the terms and conditions of this Agreement, the Club shall perform services in addition to those specified in Section 2.1 when directed in writing to do so by the Contract Officer, provided that Club shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. COMPENSATION 3.1 Community Development Block Grant (CDBG). It is the understanding of the Club and the City that CDBG funds will be used to fund this portion of the contract. The maximum sum of Thirty Thousand Dollars ($30,000) is contingent upon the Club completing the necessary reporting documents required by the Riverside County CDBG program. 3.2 Contract Sum (License Fee). For the Basic License Fee the City shall make quarterly payments of $10,000 for a total amount not to exceed Eighty Thousand Dollars ($80,000) except as provided in Section 2.6. For the term of this Agreement, the License Fee payments will be made to the Club according to the following schedule: Payment Amount Payment Date $10,000 July 31, 2008 and July 31, 2009 $10,000 October 31, 2008 and October 31, 2009 $10,000 January 31, 2009 and January 31, 2010 $10,000 April 30, 2009 and April 30, 2010 PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Section 2.1. Extensions to the time period specified in Section 2.1 may be approved in writing by the Contract Officer. CDBG reporting forms must be filed in a timely manner in compliance with CDBG reporting timelines. 4.3 Term. Unless earlier terminated in accordance with Section 8.8 of this Agreement, this Agreement shall be for twenty-four (24) months from July 1, 2008 through June 30, 2010. Page 6 of i 9 063 5.0 COORDINATION OF WORK 5.1 Representative of Club. The following principals of Club are hereby designated as being the principals and representatives of Club authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Jim Ducatte, Chief Executive Officer b. Quinton Egson, Chief Professional Officer C. Mike Way, President d. Douglas Miller, Vice President e. David Peat, Treasurer f. Judy Vossler, Secretary It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Club and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Club and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 5.2 Contract Officer. The Contract Officer shall be the City Manager or such other person as may be designated by the City Manager of City. It shall be the Club's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Club shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Club, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Club shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 5.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Club, its agents or employees, perform the services required herein, except as otherwise set forth. Club shall perform all services required herein as an independent Club of City and shall remain at all times as to City a wholly independent Club with only such obligations as are consistent with that role. Club shall not at any time or in any Page 7 of 19 064 manner represent that it or any of its agents or employees are agents or employees of City. 5.5 City Cooperation. The City shall provide Club with any plans, publications, reports, statistics, records or other data or Information pertinent to services to be performed hereunder which are reasonably available to the City. The City shall additionally provide Club staff assistance and shall take prompt and appropriate action when it will assist in ensuring and timely performance by Club hereunder. 6.0 INSURANCE, INDEMNIFICATION AND BONDS. 6.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Club shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Club's acts or omissions rising out of or related to Club's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Club'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 shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Club 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. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Club and "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement. Page 8• of 19 065 Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of "A" or better and a minimum financial size VII. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Club's obligation to indemnify City, its officers, employees, Contractors, subcontractors, or agents. 6.2 Indemnification. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Club's Services, to the fullest extent permitted by law, Club shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Club, its officers, agents, employees or subcontractors (or any entity or individual that Club shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Club shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in this agreement without the written consent of the Club. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Club shall indemnify, defend 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, whether actual, alleged or threatened, including attorney's fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise our of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Club or by any individual or entity for which Club is legally liable, including but not limited to officers, agents, employees or subcontractors of Club. C. General Indemnification Provisions. Club agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for with or on behalf of Club in the performance of this Page 9 df 19 066 agreement. In the event Club fails to obtain such indemnity obligations from others as required here, Club agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Club and shall survive the termination of this agreement or this section. 6.3 Remedies. In addition to any other remedies City may have if Club fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Club to stop work under this Agreement and/or withhold any payment(s) which become due to Club hereunder until Club demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Club's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Club may be held responsible for payments of damages to persons or property resulting from Club's or its subcontractors' performance of work under this Agreement. 6.4 General Conditions Pertaining to Provisions of Insurance Coverage by Club. Club and City agree to the following with respect to insurance provided by Club: 1. Club agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Club also agrees to require all Clubs, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Club, or Club's employees, or agents, from waiving the right of subrogation prior to a loss. Club agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. Page 10 of .19 067 3. All insurance coverage and limits provided by Club and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverage's required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any Contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Club shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverage's required and an additional insured endorsement to Club's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Club or deducted from sums due Club, at City option. S. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Club agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Club or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. Page 11 of 19 068 10. Club agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Club, provide the same minimum insurance coverage required of Club. Club agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Club agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Club agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any Contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Club's existing coverage includes a deductible or self - insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Club, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Club ninety (90) days advance written notice of such change. if such change results in substantial additional cost to the Club, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Club acknowledges and agrees that any actual or alleged failure on the part of City to inform Club of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Club will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. Page 12'of 19 069 16. Club shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Club'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 five (5) days of the expiration of coverage's. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Club under this Agreement. Club 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 intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision 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 Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Club agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Club for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Club agrees to provide immediate notice to City of any claim or loss against Club arising out of the work performed under this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Page 13 of.19 070 7.0 RECORDS AND REPORTS. 7.1 Reports. Club shall prepare and submit to the Contract Officer a monthly report of attendance concerning the services as outlined in Scope of Services. In addition, a progress report, including an accounting of expenditures, shall be provided on or about December 15, 2008, June 15, 2009, December 15, 2009, and June 15, 2010. The Club shall prepare reports and intake forms as required by the Riverside County CDBG program. 7.2 Records. Club shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. 7.3 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 Club, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon the termination of this Agreement or upon the earlier request of the Contract Officer, and Club shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Club may retain copies of such documents for its own use. Club shall have an unrestricted right to use the concepts embodied herein. Club shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Club fails to secure such assignment, Club shall indemnify City for all damages suffered thereby. 7.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Club in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Club shall not disclose to any other private entity or person any information regarding the activities of the City, except as required by law or as authorized by the City. 7.5 Community Development Block Grant (CDBG) Funding. The Club agrees to comply with the reporting processes of the Riverside County CDBG program in order to document that the program meets the National Objective by serving limited clientele - all persons (100%) served by the services outlined in the Scope of Services shall be low or moderate income. Page 14 of 19 071 8.0 ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Club covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, the City may take such immediate action as the City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause. 8.3 Retention of Funds. City may withhold from any monies payable to Club sufficient funds to compensate City for any losses, costs, liabilities or damages it reasonably believes were suffered by City due to the default of Club in the performance of the services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Club requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Club. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. Page 15 of 19 072 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section 8.9 for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Club. Upon receipt of any notice of termination, Club shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Club shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Payment Schedule or such as may be approved by the Contract Officer, except as provided in Section 8.3. 8.8 Termination For Default of Club. If termination is due to the failure of the Club to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.2, take over the work and prosecute the same to completion by contract or otherwise, and the Club shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Club for the purpose of setoff or partial payment of the amounts owed the City as previously stated in Section 8.3. 8.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 9.0 CITY OFFICERS AND EMPLOYEES; NON DISCRIMINATION. 9.1 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Club, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Club or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. No officer or employee of the City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or Page 16 of 19 073 regulation. The Club warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Club covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, disability or ancestry in the performance of this Agreement. Club shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, physical disability, mental disability, medical condition, age or ancestry. 10.0 MISCELLANEOUS PROVISIONS 10.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: CITY OF LA QUINTA Attn: Thomas P. Genovese, City Manager P. O. Box 1504 78-495 Calle Tampico La Quinta, California 92247-1504 To Club: BOYS & GIRLS CLUB OF COACHELLA VALLEY Attn: Jim Ducatte, Chief Executive Officer 42-600 Cook Street, Suite 120 Palm Desert, CA 92211 10.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. 10.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 10.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent Page 17 of 19 074 jurisdiction, such invalidity or unenforceability shall not effect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 10.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. Page 18 of 19 075 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. "CITY" Dated: By: ATTEST: Veronica Montecino, City Clerk APPROVED AS TO FORM: CITY OF LA QUINTA, a California municipal corporation THOMAS P. GENOVESE, City Manager M. KATHERINE JENSON, City Attorney "CLUB" BOYS AND GIRLS CLUB OF COACHELLA VALLEY, PRESIDENT GERALD R. FORD BOYS AND GIRLS CLUB OF LA QUINTA, a nonprofit organization Dated: U I� ��) BY: r Name: l i Title: C. E 0 IRS Tax Exempt No.:� Z� Page 19 of 19076, Twyl 4 wf*P Qum& COUNCILIRDA MEETING DATE: July 1, 2008 ITEM TITLE: Authorization for Overnight Travel for the Recreation Supervisor to Attend the Reitz Marketing and Revenue Sources Management School Held in San Diego, California from September 7, 2008 through September 10, 2008 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize overnight travel for the Recreation Supervisor to attend the Reitz Marketing and Revenue School held in San Diego, California from September 7, 2008 through September 10, 2008. FISCAL IMPLICATIONS: The Fiscal Year 2008/2009 Budget (Account No. 101-3001-451.51-01) has allocated funds for travel and training. Attendance at this conference is estimated to be $1,725 based on the following costs: Course Fee $905 Hotel (3 nights x $137) $411 Meals (4 days x $75) $300 Travel (216 miles x .505) $109 Total $1,725 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Park and recreation agencies are continually challenged to deliver more services with less funds and to grow non -tax based revenue streams. This school remains successful in its 27th year because participants return to their agencies with useful strategies for becoming more entrepreneurial and business -minded. Participants will gather innovative ideas and techniques to help their park and recreation agencies run more effectively and efficiently. 077 This two-year progressive program offers a unique and intensive learning experience. It follows a specific curriculum, including a hands-on work project, and a third -year advanced program available for graduates of the first and second year courses. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize overnight travel for the Recreation Supervisor to attend the Reitz Marketing and Revenue School held in San Diego, California from September 7, 2008 through September 10, 2008; or 2. Do not authorize overnight travel for the Recreation Supervisor to attend the Reitz Marketing and Revenue School held in San Diego, California from September 7, 2008 through September 10, 2008; or 3. Provide staff with alternative direction. Respec ully submitted, Edie Hylton Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Program 078 Schedule at a Glance - National Recreation and Park Association ATTACHMENT 1 t ^"� National Recreation and Park Association SITE MAP I CONITACr us CaYfeeln Cettr I J ao : Suf>Piy Cltapr : , NIMA stone r rgy doi ' c Home Paae > Education & Conferences > NRPA Schools and Confergrices > Reitz MarketMarketmo and RevellSources ManagementSchool > Schedule at a Glance Home Schedule at a Glance About NRPA Schedule at a Glance - First, Second and Membership Third Year Students* Advocacy Attendance at all sessions, group projects and graduation is mandatory. News Sunday, September 7 2008 Accreditation / Certification 11 a.m. - 12:30 p.m. Registration 12:45 p.m. - 2:45 p.m. Lunch (Provided) Welcome and Opening Keynote Education & 3:00 p.m. - 5:45 p.m. Education Sessions - All tracks Conferences 5:45 p.m. - 6:30 p.m. Hotel Check -in National Summit on 6:30 p.m. - 7:30 p.m. Dinner (Provided) Environmental Stewardship For People, Monday. September S. 2008 Parks and Public Lands IOnline Education 7:30 - 8:15 a.m. Continental Breakfast - provided Programs 8:30 a.m. - 12:45 p.m. Education Sessions - All tracks ' CEUs @ NRPA 12:45 - 1:30 p.m. Lunch (Provided) 1:45 - 3:15 p.m. 1st and 2nd Year - Off -site Education Sessions I NRPA Schools and 1:45 - 5:30 p.m. PHI and Executive Forum - Education Sessions (onsite) Conferences 3:30 - 5:30 p.m. 1st and 2nd Year - Off -site Tours Listing 5:30 - 7 p.m. Social Dinner on your own IComprehensive of Education and Training Events Tuesday, September 9 2008 ' Higher Education Publications & Research 7:30 - 8:15 a.m. Continental Breakfast - provided 8:30 a.m. - 12:45 p.m. Education Sessions - All tracks Programs & Partnerships 12:45 - 3:15 p.m. 1st and 2nd Year Workshop and Lunch - provided (Free afternoon when finished) Marketing Opportunities 12:45 - 1:45 p.m. PMI and Executive Forum Lunch - provided (check out during this time) 1:45 - 4 p.m. PMI and Executive Forum - Educational Project Sessions Resources 4 - 4:45 p.m. PMI and Executive Forum - Summary and Graduation (Dinner on your own) Contact Us Wednesday, September 10 2008 sponsorship 7:30 - 8:15 a.m. 8:30 - 12:45 Continental Breakfast (Provided) Education Sessions owortunitles a.m. p.m. 8:30 a.m. - 12:30 p.m. PMI and Executive Forum: Trips and Tours (Optional/Additional Fee) 12:45 - 1:45 p.m. Lunch (Provided) 2 - 3:15 p.m. Education Sessions 3:30 - 5 p.m. Closing - Keynote Speaker 5 p.m. - 5:45 p.m. Wrap Up and Graduation Dinner (On your own) .yes �,t iR 2008 i 100TLT.TMc Thursday, September 11 2008 �"Wia RNM ML PUMb ' MaKg THIS A after YEAR 8:30 a.m. - 12:30 p.m. Traps and Tour (Optional/Additional Fee) { Run r" n*t Noon Check Out t y .se Copyright 2007, National Recreation and Park Association, All Rights Reserved. Privacy Policy 22377 Belmont Ridge Road, Ashburn, VA 20148-4150, Phone 703.858.0784 Fax 703.858.0794 7-1-1 for hearing and speech impaired Questions or comments regarding the Web site? Please e-ma1LNRPA V 9 COUNCIL/RDA MEETING DATE: July 1, 2008 AGENDA CATEGORY: ITEM TITLE: Adoption of a Resolution to Extend the BUSINESS SESSION: Time for Completion of the On -Site Improvements for Tract Map No. 32068, Gold Reserve at the Citrus, CONSENT CALENDAR: Pomelo Pacific, LLC STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Adopt a resolution to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to October 31, 2008 for Tract Map No. 32068, Gold Reserve at the Citrus, Pomelo Pacific, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Gold Reserve at the Citrus (Tract Map No. 32068), is located west of Jefferson Street and south of Avenue 50 (Attachment 1). On October 18, 2006, the City and Pomelo Pacific, LLC entered into a SIA for the Gold Reserve at the Citrus. Section 6 of the SIA requires: "that the subdivision improvements shall be completed within twelve months after the approval of the SIA. 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 SIA, 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 condition affecting or affected by the Improvements. " On November 6, 2007, the City Council adopted a Resolution granting a time extension for the completion of the on -site improvements as specified in the approved SIA to April 30, 2008. In a letter dated April 28, 2008 (Attachment 2), the developer stated that delays on the project have been caused by the current economic climate, changing of the project's financial lenders, and death of a major subcontractor's family member. Based on a field inspection, the remaining on -site improvements include signing and striping and street paving. The developer requests a time extension for the construction of the remainder of the on -site improvements to October 31, 2008. Staff has prepared the attached resolution which provides for approval of the second time extension of the SIA for the on -site improvements. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Adopt a Resolution of the City Council to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement to October 31, 2008 for Tract Map No. 32068, Gold Reserve at the Citrus, Pomelo Pacific, LLC; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the on -site improvements time as specified in the approved Subdivision Improvement Agreement to October 31, 2008 for Tract Map No. 32068, Gold Reserve at the Citrus, Pomelo Pacific, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, ., n , DVVL44�_ imothy R. onas , P.E. Public Works Director/City Engineer 031 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from TMC Company, Inc. (Pomelo Pacific, LLC managing member) dated April 28, 2008 082 RESOLUTION NO. 2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ON -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO OCTOBER 31, 2008 FOR TRACT MAP NO. 32068, GOLD RESERVE AT THE CITRUS. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 32068, Gold Reserve at the Citrus, on October 18, 2006; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by April 30, 2008, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of improvements as required by the approved SIA is extended to October 31, 2008. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on October 31, 2008. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. 083 Resolution No. 2008- Tract Map No. 32068, Gold Reserve at the Citrus Adopted: July 1, 2008 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 1" day of July 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California /e11i111*ts 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 084 ATTACHMENT 1 TM 32068 GOLD RESERVE AT THE CITRUS z 50th AVENUE PROJECT SITE 52th AVENUE POMELO 54th AVENUE VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: July 1, 2008 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 32068, Gold Reserve at the Citrus APPLICANT: Mr. Trevor Murphy, TMC Company, Inc. 065 ATTACHMENT 2 April 28, 2008 City of La Quinta P.O. Box 1504 La Quinta, CA 92247-1504 Attn: Mr. Timothy R. Jonasson, P.E. Public Works Director/City Engineer Re: Tract Map No. 32068 The Gold Reserve at The Citrus Subdivision Improvement Agreement (SIA), On -Site Improvements Gentlemen: MAY 2 0 2008 Devetormcat Se'lces, Pomelo Pacific, LLC is requesting a six (6) month extension on the above referenced project. Delays have been caused by the continuing economic climate and the projects financial lender, as previously stated, has been sold twice since we received the initial soft cost loan. Also, TMC and one (1) major subcontractor has experience a death of family members. As of this date, we are anticipating going vertical May of this year. We do appreciate all the support, to date, from the City of La Quinta's Building Department and we look forward to a continued working relationship. If you have any questions regarding this extension request, please don't hesitate to contact us. Sincerely, TMC COMPANY, INC.— (Pomelo Pacific, LLC managing member) Trevor Murphy President 006 i COUNCIL/RDA MEETING DATE: July 1, 2008 ITEM TITLE: Approval of a Maintenance Service Agreement With Clean Street to Provide Street Sweeping Services for Fiscal Year 2008/2009 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Maintenance Services Agreement in the amount of $104,836 with Clean Street to provide street sweeping services for Fiscal Year 2008/2009 and authorize the City Manager to execute the Agreement. FISCAL IMPLICATIONS: There is $115,000 available for these services in Public Works Street Maintenance, Street Sweeping (Account No. 101-7003-431.44-10)• Therefore, sufficient funding is available to support this recommendation. CHARTER CITY IMPLICATIONS: The referenced services are funded by the General Fund. Therefore, under the Charter City status, the City is not mandated to pay prevailing wage rates. BACKGROUND AND OVERVIEW: On May 20, 2008, the City Council authorized staff to distribute a Request for Proposal (RFP) to obtain street sweeping services. On May 22, 2008, the RFP for street sweeping services was posted on the City's web site. On June 16, 2008, the City received one proposal. The proposal was submitted by Clean Street in the amount of $25.52 per curb mile or $2,016.08 per week for 52 weeks. The fee as originally proposed would result in a contract amount of $104,836.16. 087 Staff researched the street sweeping fees being paid by other jurisdictions within the Coachella Valley. The sweeping costs paid by these jurisdictions range from $24.32 to $28.12 per curb mile. Attachment 1 is a Maintenance Services Agreement between the City of La Quinta and Clean Street, in the amount of $104,836.16. The proposed fee is calculated at $25.52 per curb mile or $2,016.08 per week for 52 weeks. Provided City Council approves the Maintenance Services Agreement on July 1, 2008, street sweeping services will begin on July 14, 2008. The Maintenance Services Agreement may be extended yearly, for a period not to exceed three years, at the City of La Quinta's discretion. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Maintenance Services Agreement in the amount of $104,836 with Clean Street to provide street sweeping services for Fiscal Year 2008/2009 and authorize the City Manager to execute the Agreement; or 2. Do not approve a Maintenance Services Agreement in the amount of $104,836 with Clean Street to provide street sweeping services for Fiscal Year 2008/2009; or 3. Provide staff with alternative direction. Respectfully submitted, 4mothy R. onas o , P.E. Public Wor s Dir or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Maintenance Services Agreement 088 ATTACHMENT 1 MAINTENANCE SERVICES AGREEMENT THIS MAINTENANCE SERVICES AGREEMENT (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and CLEAN STREET ("Contractor"). The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide those services related to Mechanical Street Sweeping as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Contractor warrants that all services will be performed in a competent, professional and satisfactory manner 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 La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses Permits, Fees and Assessments. Except as otherwise specified herein, Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof)• 1.5 Care of Work. Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Contractor, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Contractor shall not relieve Contractor from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contractor. 089 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Contractor shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Contractor shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent 15%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "Y (the "Special Requirements" I. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed One Hundred Four Thousand Eight Hundred Thirty -Six Dollars and Sixteen Cents ($104,836.16) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Contractor's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (1Oth) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contractor 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 thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 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 Performance"1. Extensions to the time period specified in the Schedule of 090 Performance may be approved in writing by the Contract Officer. Yearly extensions, not to exceed three (3) one-year extensions, renewable at the beginning of each fiscal year through Fiscal Year 201 1 /2012, may be allowed, at the City of La Quinta's discretion. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Mr. Rick Anderson, Business Development b. Ms. Kelli Kessler, Administrative Assistant C. Mr. Chase Harris, Operation Manager It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Contractor and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Mr. Timothy R. Jonasson, Public Works Director/City Engineer or such other person as may be designated by the City Manager of City. It shall be Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise sell specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, 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 Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Contractor with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Contractor only from or through action by City. 5.0 INSURANCE INDEMNIFICATION AND BONDS. 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Contractor shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's acts or omissions rising out of or related to Contractor's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contractor'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 shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Iniury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Contractor shall carry automobile liability insurance of $3,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contractor, its officers, any person directly or indirectly employed by 092 Contractor, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor's performance under this Agreement. If Contractor or Contractor's employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contractor's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. 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. Contractor 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. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contractor and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of "A" or better and a minimum financial size VII. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Contractor's Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Contractor, its officers, agents, employees or subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contractor shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Contractor. 093 b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, defend 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, whether actual, alleged or threatened, including attorney's fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise our of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. C. General Indemnification Provisions. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for with or on behalf of Contractor in the performance of this agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this agreement or this section. d. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. 5.3 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contractor to stop work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contractor's failure to maintain or secure appropriate policies or endorsements. Nothing 094 herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractors' performance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: 1. Contractor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 2004. Contractor also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contractor's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify U195 such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Contractor agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Contractor's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety 190) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 096 1 6. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor'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 five (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Contractor under this agreement. Contractor 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 intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision 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 Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 RECORDS AND REPORTS. 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning Contractor's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting 097 principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right 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 Contractor, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Contractor 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 Contractor from liability resulting from said change. The provisions of this clause shall survive the completion of this 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 Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Contractor shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to 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 shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to Wi take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Contractor sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contractor in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contractor requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior to Expiration of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Contractor. If termination is due to the failure of Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contractor for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 099 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Contractor, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contractor or to its successor, or for 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, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Contractor warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Timothy Jonasson 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92247-1504 To Contractor: Clean Street Attention: Mr. Rick Anderson 1937 West 1691" Street Gardena, CA 90247 Phone: (800) 225-7316 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. L00 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, CONTRACTOR: a California municipal corporation M DON ADOLPH, Mayor Name: ATTEST: VERONICA J. MONTECINO, CMC, City Clerk La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 101 Exhibit A Scope of Services 1. Services to be Provided: Clean Street shall furnish all necessary materials, equipment, labor, and incidentals as required to perform street sweeping for the City of La Quinta. The work involved shall include mechanical and/or manual sweeping of all curbed flow -lines, including all cross gutters, streets and paved center median islands. The areas to be swept consist of all designated streets located within the northern portion of the City as illustrated within Attachment 1, which is made a part of this agreement. Each of the streets identified shall be swept a minimum of once per week. 2. Performance Standards Street sweeping shall be performed in accordance with accepted standards for routine and emergency municipal street cleaning. Additional performance standards include: A. When necessary for proper street cleaning, more than one pass will be made on the street without additional charge; B. Additional sweeps requested by the City of La Quinta for unsatisfactory performance shall be responded to immediately; C. The City reserves the right to add additional streets and/or other right-of-way to the street schedule. The contractor shall provide any additional sweeping services at the agreed upon per curb mile cost; D. Contractor shall maintain the sweeping schedule as approved by the City of La Quinta and shall maintain standby equipment to be used in the event of equipment breakdown or an emergency; E. Sweeping in residential areas shall not commence prior to 7 a.m F. Sweepers shall not be operated faster than 10 mph when sweeping paper, leaves or light trash, 5 mph when sweeping normal accumulation of dirt, sand and gravel, and 3 mph when sweeping heavy accumulation of dirt, sand and gravel. G. Contractor shall make arrangements with the Coachella Valley Water District (CVWD) to obtain and pay for water necessary for street sweeper operations. The City of La Quinta shall review and approve water access locations. H. The City of La Quinta shall be the sole authority for canceling scheduled street sweeping due to inclement weather. When inclement weather prevents adherence to the regular sweeping schedule for two or less days in a given week, the sweeping areas so affected by the inclement weather shall be swept within seven days of the scheduled sweeping without interruption of regular sweeping schedule. Contractor shall perform all make up work due to inclement weather without additional charge. 102 I. In the case of prolonged inclement weather, the City, at its discretion, will consider the Contractor's request to eliminate sweep days not completed. If sweep days are eliminated, the Contractor shall credit the City for curb miles not performed. J. Contractor shall not sweep on Saturday, Sunday or City recognized holidays. K. Consultant will submit a list of the type of equipment to be utilized, including the year, make and model of each sweeper proposed for providing these services to the City for approval. At a minimum, the Contractor shall provide two (2) primary and one (1) back up sweeper. The two primary sweepers shall be regenerative air vacuum sweepers that comply with South Coast Air Quality Management District (SCAQMD) Rule 1186.1 Less Polluting Sweepers. L. Contractor shall develop a weekly sweeping schedule for approval by the City of La Quinta. At a minimum, each street shall be swept as soon as possible following the weekly trash collection. M. Contractor shall spray street with water during street sweeping operations to the extent required to minimize blown dust/dirt in compliance with AQMD - PM10 requirements. iO3 Exhibit B Schedule of Compensation Payment shall be provided to the Contractor for services rendered based upon each curb mile swept. Compensation shall be provided at $25.52 per curb mile. Total compensation for all work under this contract shall not exceed One Hundred Four Thousand Eight Hundred Thirty -Six Dollars and Sixteen Cents ($104,836.16) except as specified in Section 1.6 - Additional Services of the Agreement. The following is a summary of costs to provide the services outlined within Exhibit A of this Agreement for Mechanical Street Sweeping Services. Item Description Unit Est. Qty Unit Cost Extended Cost Street Sweeping Linear Mile 79.0 $25.52 $2,016.08 per week TOTAL $ 2,016.08 per week 104 Exhibit C Schedule of Performance Contractor shall complete all services within Three Hundred Sixty -Five (365) days, from July 1, 2008 to June 30, 2009. Yearly extensions, not to exceed three (3) one-year extensions, renewable at the beginning of each fiscal year through Fiscal Year 201 1 /2012, may be allowed, at the City of La Quinta's discretion. .i 0 5 Exhibit D Special Requirements The City of La Quinta will provide the Contractor with a disposal site for the refuse collected within the City of La Quinta Corporate Boundary. The City and the Contractor will be responsible for disposal of the refuse. i06 `eiry'i 4'QWwfe' COUNCIL/RDA MEETING DATE: July 1, 2008 ITEM TITLE: Authorization for Overnight Travel for City Manager and Assistant City Manager - Management Services to Attend the International City/County Management Association (ICMA) Annual Conference in Richmond, Virginia to be Held September 21-24, 2008 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for City Manager and Assistant City Manager -Management Services to attend the ICMA Annual Conference in Richmond, Virginia to be held September 21-24, 2008. FISCAL IMPLICATIONS: The Fiscal Year 2008/2009 Budget has allocated funds for travel, training and meetings for staff. Account No. 101-1002-413.51-01 contains funds for the City Manager to attend this conference. Account No. 101-1004-413.51-01 contains funds for the Assistant City Manager -Management Services to attend this conference. Expenditures for this conference are estimated as follows: Registration $ 625 Airfare $ 575 Ground Transportation $ 200 Hotel 4 nights x $155 ► $ 620 Meals (Maximum 5 days x $75) $ 375 Total $2,395 CHARTER CITY IMPLICATIONS: None. TOTAL (for two) $4,790 107 BACKGROUND AND OVERVIEW: The ICMA will be holding their 94th annual conference entitled "Celebrating Our Past, Preparing Our Future" in Richmond, Virginia. The conference will offer daily key note and educational sessions; roundtable discussions; workshops and forums; field demonstrations; and numerous demonstrations of technology applications that will provide innovative ideas and practical strategies to deal with the challenges facing local government. The City Manager and Assistant City Manager - Management Services will travel September 20, 2008 to arrive at the conference site by September 21, 2008. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for City Manager and Assistant City Manager to attend the ICMA 94th Annual Conference in Richmond, Virginia to be held September 21-24, 2008; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, I) UJ4 4q' Wanda Wise -Latta, Executive Assistant Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Announcement — ICMA 94th Annual Conference 2 108 2!}? \ «, EDUCATIONAL PROGRAM SUMMARY Celebrating Our Past —Preparing for Our Future This year's Annual Conference pro- gram will address the issues, trends, and challenges currently facing local government managers worldwide. Experts from the public, private, nonprofit, and academic sectors will share their knowledge and interact with participants in educational ses- sions organized around the follow- ing theme tracks: • Infrastructure planning and financing • Organizational and professional sustainability • Civic Engagement • Environmental sustainability • Personal issues facing local government managers Three additional "career tracks" of targeted educational sessions will focus on issues of interest to: • Small -community managers • Assistant managers and early - career professionals • ICMA Credentialed Managers Other conference professional devel- opment opportunities include: ICMA University Workshops This series of highly interactive workshops relates directly to the practice groups identified by ICMA members as essential to effective local government management. Workshop enrollment is limited to 50 participants to maximize the learning experience, and an additional fee is required beyond the main conference registration fee. Note: All ICMA University workshops will take place at the Richmond Marriott across from the Convention Center. Marketplace of Ideas and Solutions These popular roundtable discus- sions will offer participants the opportunity to exchange experi- ences, opinions, ideas, and solutions with other local government profes- sionals. Designed especially with managers of smaller communities in mind, each discussion will focus on the nuts and bolts of local govern- ment management and will be facilitated by an ICMA member or other expert with a strong interest in Mark Your Calendar Nowl and/or knowledge of the topic. New this year, the online confer- ence housing bureau will open simultaneously with online conference registration on June 2. You will be able to make a hotel reservation and register for the conference online, or download forms to fax or mail. The materials will also be included in the preliminary program packet, which will be mailed to ICMA members in late May. Important Note: You will NOT receive a housing form In the 1CMA Newsletter this year. ICMA University Forums A hybrid format combining aspects of educational sessions and ICMA University workshops, these forums are highly interactive and skill building in nature. Although there is no extra fee for ICMA University forums, preregistration is required, as enrollment is limited to 250 participants. Field Demonstrations A variety of site visits to local government projects in the Greater Richmond region will offer hands- on opportunities for professional growth and networking outside of the convention center. Find out how your Virginia colleagues put innova- tion to work! Exhibit Hall Visit the conference educational exhibit hall to learn about hundreds of products and services that can help you deliver public services more effectively and efficiently. Many of the exhibits relate directly to the topics addressed in the educa- tional sessions. The hall also will house the Solutions Track Theaters, which highlight case studies of local governments that have over- come challenges through the use of innovation and/or public -private partnerships. ICMA's 94th Annual Conference REGISTRATION FORM Please read instructions h^fore mmpieimg registration form Discounted registration rates for ICMA members are available by registering online at icma.org(conference200a, CONFERENCE BADGE Halite cornii the follow•ng Informal on exactly as you wart it to appear or your cadge. - Province Please make any corrections to name, organization, or address directly on the mailing label. It nu maring label is affixed to your registration farm, please indicate a maillPg address and nip Bode m the space above REGISTRATION AIf tees are rn US con enc'y The Welcoming Reception on Sunday. September in, is Included in the registration fee for all Daid regishasta individuals receiving complimentary leg stratmns, unless otherwise Indi- cated, must purchase a ticket to attend the receation. "0'acr opted rates la 1XIA members are available online' ICMA Member' Through July 11IS2111iao OD Nonmemper o0 ICMA Member" through -August 22100 Nnnmenider 00 ICMA McTbcr' After August 2210o Nonmemlet 00Life Member ,Ire 100Reared Member RFIai00__-- -- - - - - - -- -------------------'--.FUlbmeAfade!rro F-n;OD Honoiary Mernbei nrnc" Chminimrtary Range Hers Re Complimentary ICMA Student 5fembe• sual Complimentary Nonmember Speaker NfiPI Complimentary nartrer(Please fall; for badger 13. 6i,l", rtR Lint Nv, Pdrtne,s' Program Pkiallcheckif your par trier wolf Le pa/drlpdhnp [ i Partners' Food for Though: vandal, Sept L, a45-1115 a in 43A complimentary �iPan rhers ' Breakfast Wednesday, Sept 24, 830-10am 59 Cc_nplime_ntary Chlldrw(Prrasa filPn for baJ:;es dattenorng) 1: knn.r Aq,._ Cmnpinnentary Nam, nne_� Ail, 1 Special Guest YAP Q-rnphmentary Partne, of Special Guest lPeeasr Fllm for Badge) 12 it Oro fire^ iC^m(IhrnP.n(ary Lao NZ, 94" ANIMUAi COMF'ERENCF; VIR�INILA HICHM0H0ISI TEMMPItt,2000 CONTACT INFORMATION: Ruf ------- - anec- -- --------- --- s Phone Numtrr 8csrrevs Fax hdmber f I Checwhere!rt',s syam 9rsl ICMA Conference I 1 Check here if tins is your partner's first ICMA Conference ❑ Check here if you require saenal accessibility or assistance during the conference. Send a letter with your registration specifying your Peers All main registrant badges w!-I have a bar code containing the registrant's postal and e-mail addresses, which can be scanned by our ezhmAIng companies at the registrant's discretion. 7 Check here to have your e-mail address suppressed In the badge bar code ICMA UNIVERSITY WORKSHOPS Attendance is hmRed to 50 participants to,, each workshop IM Ask og Ycur'Pehce aid Fire Chief the Right Questions 13! $ 15500 Belli uge A Motel =or Excellence am. Ifigh Performance in t coal Government 14! $ 15500 EO Skills for Improved Elected Offus Relot!om: is 1 S 15500 [he Essential loolnox for Getting HR to HPO 16' S 15500 Hardwiringlcarrwu•k V 5 15500 Know Your Leadership Strengths, Discover Your Power 181 $ 15500 t eadersmo Management, and Performance Measurement 19 ---_- - - - - - -- -____- $ 155,00 -- --- ----- - --- Strip the Paul See the Light' Ending the Headaches of --------- -------- Public lnkolvenxnt 20 S 15500 Bunk and Do Customer Service for Municipalities 211 $ 15500 mmm Asking Your Police and Flre ;,Met the R.Q htouestmr., 22: S 15500 -_ _. -- - - ---!------ Bala,Ige A Morel for Excellence and 41igh Performance in - ------ ---- --- Local Gcvemmerd 23 S 15500 E0 Skills for Improved Elected Officials Rebamne 24 S 15500 '1 he Essential icdbox for GatUng HR to HPO 25 S 15500 _ Hardwil,ig Ferri 261 S ]be 00 Know Year Leadersaip Strengths, Discover your Power 27, - .. S 15500 __-..._-__ ___.__ leadership, Management, antl Perferrrance Measurement 28 S 15500 _ _________________ _____ __ ___________ _ .Stop fhe Pam See the Lurht Ending the Headaches of ________ _____-_ Public lrmrnvement 29� S 75500 lurk and Do Castcmer Service for Mon!cipalites 3u $ ISSOU Is Your Own House in Order? 31 NO Charge __ ICMA UNIVERSITY FORUMS Attendance r, footed to 250 parocecants for each forum BreakTbrough Cohflict _-----301 _ _ _No Charge ran We 1,110 Cis ahrg Crud DlsroarsP m an Uncivil World 39 No Enema Healthy Employees Equals Healthy Bottom Line u r it 401 Be Cha•ge Diving mto the Deep End of the Talent Pool 601 No Charge Farly-Career Managers and Assatconts ___ 611 No Cnarge 1hP Ethics Cunt b2I No Came on.?"r Subtotal 1: Ri gtstration] $ subtotal 2: workshops 5 Furores] 3 111 CONFERENCE EVENTS 'Youth tickets for adult evcris apply to apes 6 thickish 16. erceut where Indicated Under 6 for adult events no charge, IRRkI�� Reception: American Civil War Center at Tredegar Adu1I 32: W0� $ 3500 530-730pn1 Yriwi*33: I S 2500 Sports: Golf Tournament 34: S 11000 630am-2; IT Sports: Sit Fun Run/Walk 35 j S 7500 730-10 am Field Demo: Richmond's Neighborhoods in Bloom 361 No Charge .245-I'5pm Women's Luncheon 37i $ 3500 12 43-2 45 om I One ticket for The Welcoming Reception is inciuned wit4 paid regrsbabo t Do win purtnase a hcket mess row repsfrar,an,. rcmp6menlar; Welwming Reception; "A Taste of Virginia" Aduk4lr S 3500 57pIT, vul_`P42i S 2500 Inspirational Breakfast 43 S 3000 7-315 a in Field Demo: Designing for Sustainability: Rocketts Landing 441 S 1500 9454o 1215 p IV Field Demo: The Business of Feeding the Hungry: 45: $ 1500 Central Virginia Foodbank (tour) 94b am-1215 pm Assistants/Early-Career Professionals Luncheon 46i $ 25 CC 1115 am-1230 pm ----"------- "'-- ------ --- ---''----- ------------ Field Demo: Finding a Way Home: Hilliard House 411 - ----- S 1501 ....... 12.45-315 in m Field Demo: Thinking BIG. The New Kent Vineyards 48 i S 15.00 R4 :15pm Youth: Pump It Upl 530-10 pm 49I ClIall $ 200n Field Demo: Citizen Engagement in Chesterfield County S0, $ 1500 12 45-315 p in Field Demo: The Business of Feeding the Hungry: 51 $ 1500 Central Virginia Foodbank (volunteer opportunity) 1245-315le in ... ----- -- ._--. - -- - - _.---- _--- - -------- _ Field Demo: The Cutting Edge: 52' Nc charge Virginia Biotechnology Research Park 1245-3:5 pm Evening: Colonial Williamsburg Adult 631 S 9000 5-11 pm YoutN7541 S 1500 Evening: Virginia Revue at The Bolting Haxali House Adult 551 $ 500(1 u-'lcrr Ycuth'561 S CITED Evening: Virginia Museum of Fine Arts A16'157 S 5500 630-10p171 ymilr`58: $ 4500 Subtotal 3: Conference Events $ Subtotal 2: Workshops Forward $ Subtotal l: Registration Forward $ Total $ ;—J I an v1I9r1g a contnhuhcr to the lurr,,r, Pn'eseional D Manapment with my registration Fund Contribution $ Combined Total $ Special Discount Taken(provrne description in box in right miumn) $ M PAYMENT METHOD (Check all that apptY Please print clearly) to 1 P. 0 p/Voucher - - OCCOICe.9 nwsi na it d In fill to resrxeC, shatrml matenz,'s: . .. .. ........ ❑ C-erhtCard(PReaw 01 out mfurnahon below) Credit Card Number one 1 VISA F MasterCard i] American Express ----------------- -- ------- Acct It Ixp date CaNllolder's Name Ins it appear, on Carr) Cardholders Address(negml ed lot the registration to pa m,CCCSteil Credit Card Number Two L] VISA I ; MasterCard I.1 American Express Arid # -------------- --------- ---- -- dale------------ ix Cardholdevh Hare (as it appears on cards Cardholder's Address (Regmred for the registration to be pracessedi S1,11axre Dale Must match combined total at bottom of column to left s IS .. Soo sBpara#e Hsrder farm to Rmthase toot and youth prog8ram tickats, or p6achase onhae at Inma.arg�codterenca2; Enter a aret explanation for discount below Register online at: Mail registration form $ payment tm fax registration form with OR OR treditcardpayment to: konference2008 ICMn icma.or 9 ea. pox 794€r3 202-962-3678 Baltimore, Mar Viand 2127R40a 112 Y,1 'fake advantage of the lowest registration rate for ICMA inembers—register online by July 11. Registration Rates deadlines—RegtsterOnline Members only by July 11 $ 600.00 by August 22 $ 660,00 after August 22 $ 710.00 rT-. 1 T Y 1 4'.1 Registration Rates Deadlines —Postmarked Members Nonmembers by July 11 $ 625,00 $1,025 00 by August 22 $ 685,60 $1,085A0 after August 22 $ 73500 $1,135 00 Members: •I'o register as a member, your ICMA member- ship status must be current. If you would like to verify your status, call ICMA's Customer Contact Center at 202-962-3680, Note: 1CMA membership is for individuals only. If you are not currently a member, use the nonmember category fees. Nonmembers: Take this opportunity to lout ICMA and receive a d18COUtrI oil conference registration, as well as many other membership benefits 'lb download a nmem- bershrp application, go to icma.org/apply. All member- ship applrcatiow and conference re nstratrons must be received by ICMA by July 11 to qualify for the lowest tnetriber r'egfshatton fee Complete membership application and conference reg- istration form, and mail both with the appropriate dues and registration fee to: ICMA P.O. Box 79403 Baltimore, biaryland 21279-0403 fit order to have your natne included in the preregis- tration listing and for speedier on -site processing, this form with payment must be received at the Baltimore, Maryland, address listed below by September 1. Any registrations received after the September 1 deadline will be treated as on -site registrations and will be processed at the conference. If payment is not received at the Baltimore address by September 16, ou-site payment may bo required. No one may pick up registration materials without payment. Credit card payments may be mailed or faxed. Faxed forms will only be accepted if payment is oracle using a MasterCard, VISA, or American Express credit card number. Purchase order numbers cannot be accepted for fax registrations The fax number is 202 962-3678. IF YOU FAX YOUR REGISTRATION FORM, DO NOT ALSO MAIL. YOUR FORM, IF YOU DO, YOU MAY BE CHARGED TWICE. Registrations will not be accepted over the tele- phone. Written confirmation of your registration will be mailed within 15 business days of receipt of your regis- tration form. Wliere�to'jkend your form Complete this conference registration form; include your check, credit card number, or purchase order/voucher; and mail to: ICMA P.O. Box 79403 Baltimore, Maryland 21279-0403 Make checks payable to ICMA. DO NOT mail your conference registration to the ICMA headquarters address in Washington, D.C. All registration cancellations will be charged a $75 processing fee regardless of when received. ICMA University workshop cancellations are charged an addi- tional $35 processing tee. Do you have questions about conference rogbitratfon, hotel reservations, or travel arrangements to Rlchmmd? Cali ICMA Customer Service at M2-28tl-I1CMA (A262) or email your question to customerservices@lcma,org, 113 Cancellation requests must be in writing! Conference registration cancellations and/or cancellations of social event, sports, luncheon, or field demo tickets will be accepted through Tuesday, September 16. No cancella- tions will be accepted after Tuesday, September 16. There is no processing fee for ticket refunds. This pol- icy is intended to assist those attendees who are forced to cancel at the last minute because of unanticipated job demands, Refunds will be processed no later than IS days from the conference end. There will be no ticket refunds at the conference. However, for your convenience in making last-minute changes in plans, a ticket brokerage desk will be set t-time attendees Members who are firs ICMA members from the host Southeast region (AL, FL, GA, KY LA, MS, NC, SC, TN, VA, WVj attending their first ICMA conference are eligible for a $200,00 discount off the registration fee. Please enter the discount taken and a brief explanation in the "Special Discount Taken" tine in the payment section of the registration form. ICMA members outside of North America who are attending their first ICMA conference are eligible for half- price registration. Please enter the discount taken and a brief explanation in the "Special Discount Taken" line in the payment section of the registration form - Early -career professionals, defined as ICMA Affiliate Members with three years or fewer as members, are eligi- ble for a $100.00 discount off the registration fee, Please enter the discount taken and a brief explanation in the "Special Discount Taken" line in the payment section of the registration form. Members in transition If you have been fired or forced to resign your position in local government and ate now "in transition," ICMA will provide complimentary registrations for you and your partner. ICMA will also provide you and your partner with complimentary tickets to the Sunday Welcoming Reception. Register under "Special Guest" and note "IT" in the total fee colunnn- up on site at the conference, where we will attempt to sell your tickets for cash only to other attendees. Please note that, because of guarantee requirements on ticketed events, no ticket brokerage sales for an event will take place until the event is sold out Address all cancellations to: ICMA Conference Cancellations Attention: Anne Peyton 77' North Capitol Street, NE Suite 500 Washington, D.C. 20002-4201 FAX: 202-962-3678 E-mail: customerservicesbpicma.org The Welcoming Reception on Sunday, September 21, is included in the registration fee for all paid registrants. Unless otherwise hrciicated, individuals receiving com- phuremary registrations, including Honorary Members, student Members, nonmember speakers, Range Riders, special guests and their partners, press, and children 6 and older must purchase a ticket if they are interested in attending the Welcoming Reception. + All mail -in registrations received afterSepterriber 16 will be treated as on -site registrations. + To avoid duplicate billings and registrations, if you fax your registration form, please do not also mail your form- • You will receive written confirmation within 15 busi- ness days of receipt of your registration form, • NO registrations or cancellations will be accepted over the telephone, • No registration cancellations will be accepted after September 16, • No ticket cancellations for social events, sports events, luncheons, or field demos will be accepted after Septetber 16, Visit us online at ICI118.orgJC011ference2008 �t4 FAAM140,11 1 Richmond Marriott (headquarters hotel) 300 Across the street High-speed $9.95/day Indoor $14 self/$18 valet 2 Commonweafth Park Suites 40 7 blocks Wlreless—Free No $14 valet only 3 Crowne Plaza Richmond Downtown 250 6 blocks Wireless —Free Indoor $10 self/$14 valet 4 Doubletree Richmond Downtown 175 9 blocks Wireless —Free Outdoor $16 valet only 5 Holiday Inn Express Richmond Downtown 70 6 blocks Wireless —Free No $10 self only 6 The Jefferson 175 7 blocks Wireless —Free Indoor $12 self/$16 valet 7 Omni Richmond 300 12 blocks Wireless —Free Indoor $21 self/$19 valet 8 Courtyard by Marriott Richmond West 60 West End (7 miles) Wireless -Free No Free 9 Crowne Plaza Richmond West 200 West End (7 miles) Wireless —Free Indoor Free 10 Sheraton Richmond West 300 West End (7 mites) High-speed S9-95/day Outdoor Free 11 Hilton Garden Inn Richmond Innsbrook 40 Innsbrook (14 miles) Wireless —Free No Free 12 Hyatt Place Innsbruck 65 Innsbrook (14 miles) Wireless —Free Indoor Free 13 Richmond Marriott West 150 Innsbrook (14 miles) High-speed $995/day Indoor Free * Internet and parking prices are subject to change. Millet parking includes in/out privileges within a,24-flour period, �- IN NSBR00 A; ;N Short Pump Town Center Shopping';—t, ip y Wme,� I 's �- "..AMR Stbr wa:wmeu eeyyh ;i � s OFPt / COUNCIL/RDA MEETING DATE: July 1, 2008 ITEM TITLE: Authorization for Overnight Travel for Three Members of the City Council to Attend the League of California Cities Annual Conference in Long Beach, California September 24 - 27, 2008 AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for three members of the City Council to attend the League of California Cities Annual Conference in Long Beach, California to be held September 24 - 27, 2008 (Attachment 1). FISCAL IMPLICATIONS: The Fiscal Year 2008/2009 Budget has allocated funds for travel, training and meetings for the City Council. Funds for this conference attendance are available in the Legislative Program's Travel, Training and Meetings Account (#101-1001- 41 1.51-01). Expenditures for this conference are estimated as follows: Registration $ 475 Mileage $ 155 Lodging/Parking/Tax $ 690 Meals (4 days x $75) $ 300 Total $1, 620 CHARTER CITY IMPLICATIONS: None. TOTAL (for three) $4,860 116 BACKGROUND AND OVERVIEW: The League of California Cities will be holding their annual conference, entitled Sailing into the Future, at the Long Beach Convention Center in Long Beach, California September 24-27, 2008. The conference will feature a variety of sessions and discussion forums on topics such as housing, disaster planning, public safety, finance and infrastructure. Mayor Adolph, Council Member Henderson, and Council Member Kirk have expressed an interest in attending this conference. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for three members of the City Council Manager to attend the League of California Cities Annual Conference in Long Beach, California to be held September 24 - 27, 2008; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, 0( (,)�w' bm Wanda ise-Lam tta, Executive Assistant Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Announcement -- League of California Cities Annual Conference 117 ..LEAGUEt tyt; �$ �� . � zi$ay t:.;.F ;t yi �i �i�t�L!wif�it E OOFl1 CAUFORj�-NIA V I I E (\V rEMEN t �,� �,i :i,;.R' t U L'S.�j„,{i 5. f•.�.z t.l�i +"•1 a t 3 ,fit MPIC cghfv ft /i/DA/ daffiff LUNG BEACH CCINVFNT3rJN CENTER SEPTEMBER 24-27, 2008 I have been proud to represent the now 479 cities throughout California this year. We worked together, as local officials, city departments and League staff, to keep local governments strong and our messages heard. It's been a very productive and busy year for the League. Money from the 2006 Infrastructure Bonds is starting to be allocated for transportation and other areas. Cities are putting their Local Street and Road funds to use for important transportation projects. California cities are taking the lead on climate change and Implementing strategies to reduce their greenhouse gas emissions and promote efficiency. We have also been active on coastal issues, convening an Issues group of California's 61 coastal cities. Protecting local land use authority and retaining local revenues for local services remain top priorities. Our hard work and success at the local level continues to enhance our communities and our State. With challenges ahead, we need your Involvement to keep the waters calm and safe, as we are Sailing Into the Future together. In these tight economic times, please make the sometimes difficult but valuable decision to join us at the League's 2008 Annual Conference in Long Beach on September 24-27. It will benefit each of you personally, it will enhance your city and will contribute to the future of California. 7 %ilk .. 4 Jim Madaffer, President League of California Cities, Council Member, San Diego 2 LEAGUE OFCALIFORNIA CITIES -21DO9ANNHA:CIINIrFREN'F&LXI41°d110N 119 NO BARRIERS ONLY SOLUTIONS Neal Petersen Few people have realized their dreams, but even fewer have raced solo around the world in a home built boat. It is an unparalleled adventure, 27,000 miles and nine months at sea. He demonstrates what can happen when one truly lives by goals, planning and preparation. Messages include choosing conquest over adversity, turning perceived disadvantages into advantages and the power of positive attitude. Join this master storyteller and view actual footage of rounding Cape Horn, as we Sail Into the Future, at the 2008 Opening General Session on Wednesday. WHO'S YOUR CITY Richard Florida The author of two national bestsellers, The Rise of the Creative Class and The Flight of the Creative Class, Richard's hot new release, Who's Your City?, takes a look at the way people choose the places they live and how that affects everything from their real estate to their families. As one of the world's leading public intellectuals on economic competitiveness, demographic trends and cultural innovation, his information paved the way for provocative looks at how creativity is revolutionizing the global economy. Combining in-depth analysis, cutting -edge trends and fascinating personal stories. Florida was recently named one of Esquire Magazine's'Best and Brightest' He has addressed political parties, governors, mayors, creative companies, developers, nonprofits, arts and culture organizations, as well as regions and cities and he will present the Thursday General Session. LESSONS IN LEADERSHIP Boris Kearns Goodwin An equally gifted historian and storyteller, Doris illustrates lessons relevant to today's issues and headlines from some of the country's greatest figures. She provides informed and enthralling commentary on current events by demonstrating how history has answered similar questions. She offers deft wit and an uncanny ability to weave stories from politics to baseball. Goodwin's most recent work, Team of Rivas: The Political Genius of Abraham Lincoln, teaches quiet but powerful leadership qualities —including wisdom in building and maintaining teams in the midst of critically trying circumstances and ability to overcome incredible obstacles. Be inspired at the Closing General Session on Friday. hr=, 3,. Ridor/fJneVda Oeds!(samft"Wfa 120 REGISTER ONLINE AT W W W.CACITIES ORG/EVENTS 3 LONr, SFAc.i C'nNVENTVIN CENTEP - SEPTEMBER 24-27, 2008 Policy development is a key part of the League's legislative effectiveness. The League's Annual Conference Resolutions process is one way that city officials can directly participate in the development of League policy. The 2008 Annual Conference Resolution Calendar of Events identifies the key points in the process. Submission of Resolutions Any elected or appointed city official, individual city, division, department, policy committee or the board of directors may submit a resolution for consideration at the conference. Resolutions must be submitted to the League's Sacramento office no later than 60 days prior to the opening of the conference. Resolutions should focus on direct municipal issues of statewide importance. Consideration at the Conference The League President refers the resolutions to the League policy committees for review and recommendation at the Conference. Resolutions are next considered by the General Resolutions Committee (GRC), which consists of representatives from each division, department, policy committee and individuals appointed by the League President. Resolutions that are approved by the GRC, and resolutions that are approved by the policy committees, but not approved by the GRC, are next considered by General Assembly. Resolutions approved by the General Assembly become League policy. Other action on resolutions can be: refer back to a policy committee, amend, disapprove or no action. Late -Breaking Issues Resolutions to address late -breaking issues may be introduced by petition at the Annual Conference. To qualify, a petitioned resolution must be signed by 10 percent of the voting delegates (48 voting delegates) and submitted no more than 24 hours before the beginning of the concluding general assembly. All qualified petitioned resolutions are forwarded to the General Assembly for consideration, regardless of the action recommended by the GRC. 200B RESOLUTIONS EALENDAR AND DEADLINES Before the Conference Friday, July 11 Deadline for submitting appointments to the General Resolutions Committee. Friday, July 25, 5:00 p.m., for submittals by regular mail; or Saturday July 26, midnight, for submittals by email or fax. Deadline for submitting resolutions to the League office. Early August Resolutions distributed to city officials and posted on the League website. At the Conference Wednesday, September 24,10 a.m.- Noon (Thursday committees); 12:30 - 2:30 p.m. (Friday committees) Policy committees meet to review resolutions and make recommendations to the General Resolutions Committee on resolutions assigned to each committee. Friday, September 26, 8:30 a.m. Deadline to submit signatures to qualify a petitioned resolution. Friday, September 26,1:30 p.m. General Resolutions Committee meets to consider and make recommendations on resolutions. Saturday, September 27, 8:30 a.m. Consideration of resolutions by cities in the General Assembly at the Annual Business Meeting. 121 4 1 LEAGUE OF CALIFORNIA CITIES SPOOR ANNIIA;. LOW l Ri.Nfl &rX '1151IIIDN SEPTEMBER 24-27. 2008 1. DNfi RFAr Wednesday, September 24 10:00a.m.-Noon Thursday policy committees (Hyatt Long Beach) 12:30 - 2:30 p.m. Friday policy committees (Hyatt Long Beach) 1:30-3:30pm Pre -Conference Workshops Noon Registration Opens at Convention Center 2:30-3:30 p.m. First Time Attendee Orientation 4:00 - 6:00 p.m. OPENING GENERAL SESSION -ANNUAL REPORT AND KEYNOTEADDRESS Evening CITIPAC Casino Night with Willdan Thursday, September 25 7:30 a.m. Registration and CityBooks Open at Convention Center 8:00 - 9:15 a.m. Concurrent Sessions 9:30 - 11:00 a.m. Department Meetings (conference registration required) 11:00 a.m. - 4:00 p.m. Expo Open 11:15 a.m.- 12:45 p.m. Institute for Local Government Lunch Symposium (additional fee) 11:30 a.m. - 12:30 p.m. Lunch on Expo Floor 12:45 - 2:00 p.m. Concurrent Sessions 2:30 - 3:45 p.m. Concurrent Sessions 4:00-5:30 p.m. GENERAL SESSION -KEYNOTE ADDRESS Evening Host City Reception Friday, September 26 7:30 a.m. Registration and CltyBooks Open 7:30 - 8:45 a.m. Regional Networking Breakfasts as offered (Contact your Regional Rep -additional fee may apply) 8:15 - 9:30 a.m. Board of Directors and Partners Recognition Breakfast 9:30 - 11:00 a.m. Board of Directors Meeting 9:15 - 10:45 a.m. Concurrent Sessions 10:15 a.m. - 2:00 p.m. Expo Open . 11:00 a.m. - 12:15 p.m. Concurrent Sessions 12:15 - 1:30 p.m. Expo Lunch -around 1:30 - 3:00 p.m. General Resolutions Committee 1:45 - 3:00 p.m. Concurrent Sessions 3:45 - 5:00 p.m. CLOSING GENERAL SESSION -KEYNOTE ADDRESS, INSTALLATION OF NEW BOARD AND OFFICERS Evening Caucus Receptions (4) Presidential Debate Viewing Saturday, September 27 8:30-9:45a.m. CONCLUDING ANNUAL BUS] NESS MEETING -GENERAL ASSEMBLY 122 (full conference registration is required to attend this meeting and/or to be a voting delegate) REGISTER ONLINE AT WWW.CACITIES.ORG/EVENTS 5 the future L C1N13 9EAC { cnNVENTION CENTER • SEPTEMBER 24-27, 2008 PRE -CONFERENCE WORKSHOPS California Public Officials Emergency Understanding Public Service Ethics Laws Preparedness Seminar This highly successful, two-hour, multimedia program combines essential disaster preparedness Information with drive -the -message -home video Interviews with media experts, public officials and the public. The seminar is designed to complement the Golden Guardian Statewide Exercise by reaching senior officials who might not otherwise participate due to time constraints. Not designed to replace existing SEMS/NIM training, this fills agap to preparing senior officials for their role in preparing for and responding to a disaster in their jurisdiction. and Principles (AB 1234 Training) Public service Is a trust between a city official and those that official's serve. Some of the standards to which the public holds officials are reflected In ethics Iaws.These laws are a floor for ethical conduct, not a ceiling. What principles and strategies can public officials use to setthen sights higherthan the minimum requirements of the law?This session would satisfy state ethics education requirements (AB 1234) for local officials, which requires two hours of education in public service ethics laws and principles. Offered bythe Institute for Local Government. COMMUNICATIONS Jaint-Use Facilities Provide Maximized Communication Protocols for City Councils Do your staff members and board members speak the same language? Compare guidelines and practical tips to assist City Council and City Managers to communicate with staff members. Review how certain legalities can impact your cities. Communication is key, so learn to use It to your advantage. COMMUNITY SERVICES The Arts Mean Business — Giving a 7 to i return What Is the Impact of arts and culture on a city's economy? In 2007, 115 titles, counties and five states were studied. Although $30 billion In revenue Is generated nationally, these agencies spend less than $4 billion on arts and culture —a spectacular return of 7:1. Recognize California city statistics and how your city can leverage dollars to produce added revenue. Benefits for Your City Joint -use facilities make effective use of funding and space by sharing common functions among different agencies. What makes awln-win project for all involved? Case study discussion Involves the sponsoring agencies, the public and the design and construction team using two examples: San Jose's Almaden Branch Library/Community Center and Rancho Cucamonga's Victoria Gardens Cultural Center. Specify how to bring different agencies with different priorities together to define shared goals and discover benefits the success stories have realized. 123 LEAGUE OF CALIFORNIA CITIES-PrinR ANNI IA, (-ONIi-fJ 4`C SI-A 'Jjil ION COMMUNITY SERVICES (continued) Designing Successful Destination Sports Complexes for Economic Development Throughout the state, cities are developing regional sport complexes as critical community amenities and economic engines for their communities. Discuss several models of development, from concessionaire run facilities to city -operated sports parks, and identify how each spurs economic development. Critical to the success is innovative design paired with feasible operations. Gain illustration of different possible mixes of sports, themes, essential and high -end amenities, typical funding sources and marketing strategies. Immigrant Integration and Engagement: Ideas & Resources for Local Leaders Representatives of Grantmakers Concerned with Immigrants and Refugee (GCIR), New American Media and others will discuss opportunities and resources for local officials to support immigrant integration and engagement in their cities. While intended as a follow-up to the Institute for Local Government's Symposium on Local Leadership and the Changing Demographics of California Communities, this is independent content with great value to the diversity issues facing our communities. DISASTER PLANNING Lessons Learned From the 2007 Fire Storms Words and pictures tell the story, while valuable, timeless lessons have been learned from the fires — both what worked and what didn't. Perspectives include a large city, small city and the county with best practices in general emergency preparedness. Take away concrete actions for cities to better prepare themselves for a regional disaster. Both the emergency response and the recovery/rebuilding aspects will be addressed with time for critical dialogue between attendees and panelists. Critical Incident Leadership and the Important Role of Elected Officials The importance of leadership during and after critical incidents cannot be understated. The lack of leadership can lead to chaos. City government leaders must prepare, in advance, to be available to respond at any moment. Leave with tools and strategies for communication with constituents, staff and the media, and address how every government employee will be involved in disaster recovery. Gain a full understanding to avoid the fall out from failing to prepare. ENVIRONMENTAL QUALITY The Perfect Storm: Global Warming, Legislation, Court Cases and CEQA all Hit Recent legislation and litigation requires cities to consider global warming in the preparation of CEQA documents. Content encompasses background on legislation and lawsuits brought by environmental groups. Can there be a "no significant impact" level for greenhouse gas emissions from a new proposed project? If so, does this require preparation of a full environmental impact report every time? Assess what mitigation measures might be available to decrease or minimize the level of impact from development projects. Green Building and Climate Change — Local Governments Leading the Way Climate change is driving city's consideration of green building policies. Take an overview of local green building programs being developed around the state. Locate the growing number of cities actively engaged in promoting or requiring green building measures and new trends in local policy adoption. Acknowledge next steps for cities wishing to develop local programs. 124 REGISTER ONLINE AT WWW.CACITIES.ORG/EVENTS 7 The League's annual conference is a way of staying in touch and listening to issues that are important to communities beyond the public safety realm. In addition, I have the opportunity to interact with a wide array of city officials. Cathleen Orchard, Fire Chief Monterey Park tbe ((ltilr Cf.ING REAUH CONVENTION 7ITNTER SEPTEMBER 24-27, 2008 FINANCE Top Ten Things You Should Know About City Finance What do the tribulations of California State Budget mean to cities? How does Proposition 1A protect cities? What are the latest legislation and court decisions affecting city finances? What's on the horizon? State the latest in hat city finance issues and the essentials you need to know to keep your city budget strong. Get answers to your most perplexing questions from this panel of top financial and legal experts. Found Money: How Cities Can Succeed With Public -Private Partnerships Do you have a great idea for a project, but no money? A public -private partnership may be the answer. More cities are demonstrating that partnerships deliver financial returns that may surpass traditional bond financing. How can your city reap the rewards and avoid the most common mistakes, while working in both the public and private sectors? Get specific advice for advancing atoint venture in California's complex regulatory environment. Improving Your Community through Community Facilities District (CFD) Financings A wide variety of improvements can be made through the use of Community Facilities District financings. Panelists will share over twenty years of experience in developing and implementing innovative techniques to best suit a variety of community's needs and services. Budget Woes Got you Dawn? Successfully Planning for a Revenue Measure in Today's Environment Need more funding for your General Fund, Public Safety or other purpose? Have a JUT that needs to be modernized? Learn how other cities have won their measures, by as little as 3 votes a precinct, and with percentages as high as 86%. Hear from panelists in the legal, communications and opinion research industries. Get questions answered on national and legal issues affecting your JUT; pros/cons of general purpose (50% + 1) or special purpose (two-thirds requirement) sales tax measures; best election timing; nuances of declaring a fiscal emergency for a sales tax; legally -permissible constituent education; and, effective opinion research. HOUSING California Housing Laws: What Every Council Member Should Know Affordable housing laws have become increasingly complex and often unfamiliarto council members. Recognize state laws that council members may encounter, including housing elements, the Housing Accountability Act, redevelopment housing obligations, density bonuses and fair housing laws. Explain how to best describe these obligations to communities and respond to community opposition. 4_5 8 1 LEAGUE OF CALIFORNIA CITIES PnEIR ANNIIA, i (IN I'1-M 4Li A FX;'i I4111r1N HOUSING (continued) Fair Housing, Group Homes and Local Control Many cities are concerned about group homes in their communities and have attempted to place additional controls on those uses. At the same time, federal and state fair housing and licensing laws and recent state legislation provide substantial protections for these facilities. Identify laws that protect group homes and gain practical advice on defensible local ordinances and enforcement techniques. Debate the practical and legal problems posed by community opposition and how to respond. Local and Foreclosed Housing — City Solutions and Resources How are cities addressing the problem of vacant and abandoned foreclosed homes and the problems they create? From community education to code enforcement, this issue affects residents, city services and city officials. Join this open space dialogue to share and compare with other cities. What can be done to assist and serve our communities during this difficult time? INFRASTRUCTURE & PUBLIC WORKS What Drives Transportation Funding? The STIP? The TCRP? The TIF? The Fuel Excise Tax? The Gasoline Sales Tax? Few people fully understand the complex network of local, state and federal transportation dollars. Assemble the various sources of transportation funding in California Including bonds, taxes and fees. Manage the allocations, programs and who decides. Inspect what is available for your community. Show Me the Water! Tools to Help Cities Navigate California's Deepening Regulatory Drought Population growth, natural droughts and a deepening environmental regulatory drought directly affect land use planning. By requiring better integration of water supply planning with land -use planning, CEQA, SB 610 and SB 221 are causing cities to work more closely with public water supply agencies and development project proponents to augment available water supplies. Use tools and approaches for working with water suppliers and project proponents to break through the water shortage barrier. Gain an update on legal developments affecting statewide water supplies and water supply review. Infrastructure Bond Implementation Come find out the latest developments in the implementation of the 2006 infrastructure bonds. . ? 6 REGISTER ONLINE AT W W W CACITIES.ORG/EVENTS 9 ! L(t1/ri! ACING HFACH CONVE NTION CFNTE:R SEPTEMBER 24-27, 2008 MANAGEMENT& ADMINISTRATION Good to Great —Characteristics of High Performing Cities and Individuals Contrast why some professionals, elected officials and cities perform at a higher level and are more successful than others. Outline common characteristics of high performers in relation to both technical, people and critical thinking skills. Explore the leadership and management principles that will take your city and your team to the next level. Cutting Edge Litigation: ADA Class Action Cases While the Americans with Disabilities Act (ADA) was passed to improve the lives of the estimated 20 percent of Americans who are disabled, in recent years it also has spawned a new breed of predatory litigants whose sole purpose is to exploit it. Cases have included class actions alleging denial to programs and services by claims of inaccessible facilities and lack of curb cuts on public sidewalks with lack of access. Review pre -litigation strategies to protect public entities from being sued and strategies to defend once an ADA class has been filed. Facilitating Dialogue by Working Through Difference and Difficult Issues Gain understanding in facilitative dialogue and other alternative approaches (dialogue -based) in dealing with challenging issues. Differences are frequently faced when implementing policies, negotiating agreements, resolving conflicts and working on change in communities. Understand how facilitation differs from argumentation, the characteristics of dialogue, how to design a dialogue event and dialogue's associated principals and guidelines. Who's Really in Charge? A Candid Discussion an Governance and the Working Relationship between Elected Officials and Staff As a matter of law, who is authorized to do what in terms of the governance of a local agency? What is the Rule of 3? Define micro -management. What obligation does staff have to advocate for a policy directive in the media, even if they disagree with the directive? How does an elected official know when he/she has been "thrown under the bus" or has stepped out of bounds? PERSONNEL Talent Wars in the Current and Future Multicultural, Multigenerational World There are serious new problems facing the workplace of today and in the future. First, four distinct generations are crossing paths and sometimes colliding in the organizational pipeline. The differences brought by each diverse group, if properly channeled, can enhance every organization. If not handled properly these differences can lead to frustration, turnover and potential legal challenges. In addition, the result of the mass of retiring baby boomers, there is a generational and skills gap which is forcing municipalities to view talent acquisition as an organizational priority. Employ leading edge solutions to actively recruit and retain the most important asset —people. Firefighters' Procedural Bill of Rights Act — Introduction and Legal Update The recently enacted Firefighters' Procedural Bill of Rights Act (FOBR) was intended to mirror the procedural rights of peace officers around the state, but something happened on the way to the Governor's desk. Relate the ins -and -outs of this new legislation and practical applications to your city's fire department personnel. Subjects to be covered include: the limited scope of the Act, interrogation rights, statute of limitations, imposition of discipline and administrative appeals. 127 10 LEAGUE OF CALIFORNIA CITIES EOIIB ANNLIA �, [fiNI_FRE.NCE fiC:X;'ilSii ION PERSONNEL (continued) Negotiating and Implementing Changes to Retiree Health Benefits The cost of retiree health care is of growing concern for many public agency employers and employees. As retirees live longer, many employers are faced with a financial burden that few predicted and even fewer are currently able to meet. Changes Sailing Rough Seas: Redevelopment in 2008 Redevelopment is one of local government's most powerful tools. The mortgage meltdown, housing and economic downturns, and a state budget deficit are upon California. Two eminent domain measures were on the June ballot. Review the impacts of these events on redevelopment and cities. Address new laws affecting redevelopment in governmental accounting principles have brought and next steps in eminent domain reform. the Issue and the costs associated to the forefront. Question the latest Insights and factual Information from the experienced panel. We're Only As Good As Our Employees Clues can only accomplish what their talent can deliver. With many retiring, cities are losing decades of expertise. What can elected officials and city managers do to transfer knowledge and prepare the next generation of talent? How can you assess your city's needs? Analyze resources to help address the challenges. Leave with a checklist of steps you can take to make a positive and proactive difference. PLANNING/LAND USE/ ECONOMIC DEVELOPMENT/ REDEVELOPMENT Captain Your Own Retail Ship Does your community know how to get the right retailers to dock in your market or do you take the .any port In a storm" approach? Relate how the right retail mix can provide smooth sailing forjob creation, tax improvements and resident satisfaction. Don't let neighboring communities pirate all the good retail. Learn what retailers need to know to be swash- buckled Into locating in your town. Locate averitable treasure chest of knowledge on how you getthose retailers to notice your community. Regional Outreach, Local Action: Challenges and Opportunities for Blueprint Implementation Blueprint planning is occurring in all regions across the state. How are regions, cities and other agencies benefiting from this initiative? What new tools and strategies are available now and in the future that will help cities enhance their local land use decision making? Hear examples of success and lessons learned. California's Aging Population: Cities Planning for the Future How many of your existing residents plan to retire in place and what is the impact? Many cities are now surveying their older adult populations to find out what their residents expectations are for their city when they retire. Find out what was confirmed and what surprised cities that have begun this process. Learn what these cities, with demographic and geographic differences, are doing to prepare for their future citizen needs. Coastal Cities The Coastal Cities Issue Group was approved by the League Board in November 2006. Examine what the group has achieved to help better address coastal Issues and to improve cooperation with the Coastal Commission. i28 REGISTER ONLINE AT W W W.CACITIES.ORG/EVENTS the future LONG 8EACH CCINVENTION CENTER - SEPTEMBER 24-27, 2008 PUBLIC SAFETY Enhancing Community Involvement in your Community Policing Program Many cities have adopted community -policing as an approach to public safety, yet many have a difficult time defining and successfully Implementing it. Community policing is a partnership between residents and the police to solve problems —an equation with two sides: the police and the community. Contrast and compare multiple models for how to increase resident and business involvement. Avoid or Reduce Litigation Costs —Critical Steps Police and Other Departments Can Take Police agencies are often the most visible symbol of government. Yet unlike other government agencies and public servants, officers are authorized to use coercion, even deadly force, to enforce society's rules. Because of this unique position, they are targets for litigation. While this risk of civil liability cannot be eliminated entirely, it certainly can be reduced. Address the most common vehicles for asserting liability against officers and prepare to minimize the risk of liability In these common areas. TELECOMMUNICATIONS/ TECHNOLOGY Electronic Discovery and Electronic Records Retention Changes affect both Federal and California law with regard to the treatment and discovery of electronic records, such as email. More public entities are being severely sanctioned by courts for failing to preserve and produce electronic records. Best practices on preservation and retention of electronic records, to reduce the risk of costly sanctions in litigation, will be suggested. Entering the Blogosphere: Using New Media to Talk to Your Community As city residents turn more toward the Internet for their news and Information, bloggers are gaining more relevancy as news generators and typically offer something traditional news can't —a personal angle. Uncover how it's changing governance, political campaigns, and city and staff involvement in the community. The Implications of the Public Records Act on New Technology The disclosure of public records in relation to text messages, picture messages and information stored in blackberries and mp3s, is a very timely and relevant topic. This is a "must -know" topic for city attorneys, city managers, city council members, city clerks and all city employees. The Public's Right to Know vs. Employee Privacy Rights In the ever-expanding public information age, cities must be prepared with the tools to spot issues and respond when the "public" comes knocking. Inspect rights and obligations for withholding or providing Information under: open meetings laws, public records acts, privilege statutes and constitutional rights. Particular focus will be given to recent legal developments and emerging issues under the California Public Records Act and the Brown Act. Formulate where and when to draw what can sometimes be avery fine line. 12 LEAGUE OF CALIFORNIA CITIES PMIDBANNIIA: (1_INEEUEN'(.5CX.'0I I7f0N 129 YOUTH & CHILDREN Guidelines for Child -Friendly Neighborhoods and Cities Dick Jackson, MD, author of Beyond Obesity: Health and the Built Environment will address how urban sprawl limits children's physical activity, hinders full development of autonomy and prevents acquisition of social skills and sense of identity. Suzanne Crowhurst Leonard, author of Guidelines for Child -friendly Neighborhoods and Cities, will discuss a ground -breaking new initiative to ensure safe pedestrian and bike routes, traffic calming, accessible nature, fine-grained mixed - use neighborhoods and a lively public realm -all essential to healthy development. Developing Effective Youth Commissions: Stories and Strategies New content will be drawn from the Institute for Local Government's recently prepared Local Officials Guide to Developing Effective Youth Commission. Understand the many different roles for youth commissions in local government, key elements for their development, how to ensure greater and more diverse participation and the critical role of staff and elected officials in establishing successful and vibrant commissions. Panelists will share their experiences and the new guide will be distributed to all. Healthy Eating and Active Living —A City Perspective Obesity is a national and statewide crisis that affects cities in numerous ways. Take the lead in setting policies that promote both healthy eating and active living by suggesting processes for engaging community partners. Interact and develop a potential local policy. Verbalize input and identify tools needed to improve healthy eating and active living in cities. VISION LEAGUE OF CALIFORNIA TO BE RECOGNIZED AND RESPECTED AS THE L�,C i-T,LEADING ADVOCATE FOR THE COMMON INTERESTS1 1 1 OF CALIFORNIA'S CITIES MISSION AND CORE BELIEFS TO RESTORE AND PROTECT LOCAL CONTROL FOR CITIES THROUGH EDUCATION AND ADVOCACY IN ORDER TO ENHANCE THE QUALITY OF LIFE FOR ALL CALIFORNIANS 130 REGISTER ONLINE AT WWW.CACITIES.ORG/EVENTS 1 13 1 LING flEAcH CnNVENTION CENTER SEPTEMBER 24-27, 200a CONNECT, LEARN, NETWORK Municipal Departments Functioning as professional societies with educational and networking opportunities, the League's 11 Municipal Departments play an essential role In forming League policy and programs. Departments serve as a catalyst for networking and training of city officials within specific fields. The departments make appointments to League policy committees, assist the League with conference program development and are represented on the League's board of directors. Department Business Meetings and Sessions will be held Thursday, September 25, 2008. Be sure to bring representatives from your city to attend the conference and their respective department events. City Attorneys Department Department business meeting and election of officers Mandatory Continuing Legal Education Credit and City Attorney Program Materials The League of California Cities is a State Bar of California MCLE approved provider. Detailed Information on the hours of credit will be In the final program. City attorney papers are available on an advance -order basis for $55.00 and will be available to pick up at the conference in the CityBooks area. Papers ordered but not picked up at the conference will be shipped after the conference at an additional fee. City Attorney Department Legal Track The City Attorney's Department program will include presentations on various current and recurring legal issues that Impact cities. Presentations will also Include updates on municipal and personnel litigation, as well as land use and civil rights litigation. City Clerks Department Department business meeting and election of officers City Managers Department Department business meeting and report on election of officers Employee Relations Officers Department Department business meeting and election of officers Fire Chiefs Department Department business meeting and election of officers Fiscal Officers Department Department business meeting and election of officers Mayors and Council Members Department Department business meeting and election of officers and Mayors and Council Members Academy Graduation Community Services Department Department business meeting and election of officers Planning and Community Development Department Department business meeting and election of officers Public Works Officers Department Department business meeting and election of officers 14 LEAGUE OF CALIFORNIA CITIES 21710F1 ANNIIA, ( UNI"EHE Nf.E. S I.XI416I1ION 131 REGIONAL OIVISIONS LEAGUE CAUCUS Regional Divisions function as theLeague's NETWORKING GROUPS on -the -ground grassroots advocacy teams. They The League is committed to promoting involvement for are a great way for city officials to get involved in all officials and staff to reflect the diversity of Calrforma's grassroots activities that support the quality of life cities. In addition, having groups within the League, whose in their community. The divisions also provide the purpose is to connect city officials, promotes the League's League board of directors with necessary input mission of facilitating the sharing of information and ideas and counsel from a diverse range of perspectives and promoting responsive city government. The League among a membership dispersed throughout has recognized the following diversity groups: African - a large state. Divisions are staffed by League American Caucus, Asian -Pacific Islander Caucus, the regional managers. The regional managers help Gay, Lesbian, Bisexual &Transgender Local Officials division officers develop informational programs (GLBTLO) Caucus and Latino Caucus. and organize grassroots activities to support The African -American Caucus will host a networking League legislative or policy goals. event on Friday, September 26". Most divisions will host networking breakfasts on The Asian -Pacific Islander Caucus hosts a fun and Friday, September 26" in conjunction with the festive Karaoke Reception as a tradition each year. Annual Conference. Contact your regional rep for This event will tentatively be held in the late evening on more information. Friday, September 26'". Gay, Lesbian, Bisexual & Transgender Local Officials (GLBTLO) will host a networking reception at the 2008 conference. The Latino Caucus lath Annual Gala Award Reception will be held Friday, September 26", 6:00 —9:00 p.m. at Sevillas Restaurant on Pine Street. CitiPAC Institute for Local Government In conjunction with the hospitality 11M The ILG is the nonprofit research affiliate of the League of California reception hosted by Willdan, CitiPAC Cities and the California State Association of Counties. The ILG presents will present its 3'd Annual Leadership its 4th Annual Lunch Symposium, Local Leadership and the Changing Gala Casino Night. Join the League Demographics of California's Communities, on Thursday, September 25"1 Board of Directors for this exciting The face of California's communities is changing. One in four Californian's evening of entertainment on will be an immigrant and by 2025, 30%of the state's residents will be foreign Wednesday, September 241" at the born. Naturalized adults, naturalization -eligible immigrants and young -adult Museum of Latin American Art. The citizen children of immigrants total 7.7 million potential future voters in reception will begin at 6 p.m. with casino California. USC Professor Manuel Pastor will present perspectives on the gaming starting at 7 p.m. Entry is free. opportunities presented by these changes, including a focus on newcomer If you would like to donate, a suggested integration and community building, that will support the longer term well - contribution of $50 per person and $75 being of California cities. Advance reservations are $45.00 each. Space is per couple would be appreciated. limited and tickets are available only through the advance registration process. For updated information on this event, please visit www.ca-iig.org. 132 REGISTER ONLINE ATWWW.CACITIES ORG/EVENTS I IS I ONR BEACH CONVENTInN CENTFR SEPTEMBER 24-27, 2008 Cak"Vrie Lira Aq,,,I 4,rn/a mFcr You Are Invited to the Exhibitor Speaker Theaters) Sessions will target specific products and services that rely on best business practices. Building a Winning Retail Development Strategy Tap into executive -level retail decision -making strategies. Understand the retailer language from a business professional's point -of -view, thereby enabling you to effectively expand the retail sector in your city. Sponsored by Buxton Public -Private Partnerships: Trends in City Services and Public Works Increasingly, communities benefit from partnerships that are Innovative and cost-effective, while providing Improved city services, community development and public works. Case studies include central L.A. and Sandy Springs, Georgia. Sponsored by CH2M HILL OMI Budgeting for Savings and Sucess: The ROI of CPM Software Customer relationship management software pays for itself through increased staff efficiency, better data for decision making, centralization and standardization of best practices. Sponsored by Comcate Inc. How to Obtain an Independent Needs Assessment Determine how an independent needs assessment can benefit your city, in ways you haven't yet considered. Write an effective RFP for these services to reduce ambiguity and unnecessary time spent on its development. Sponsored by Griffin Structures Solid Waste Contract Administration and Compliance If the largest contracts awarded in your city relate to solid waste collection services, this is a must -attend. Jurisdictions can ensure contract compliance through implementation of on -going contract administration and performance. Sponsored by HF&H Consultants Keeping California Cities Cool While Reducing Energy Bills and the Risk of Blackouts Haven't heard about hybrid cooling technology yet? Calculate how you can improve energy costs and improve grid reliability, while reducing air pollution and green house gas emissions. Sponsored by Ice Energy Asking Your Police and Fire Chief the Right Questions to Get the Right Answers Do police and fire departments have their own jargon? Allow a former public safety director, police chief and city manager explain ways to understand the actual needs of yourjurisdiction's public safety agencies and methods to evaluate their performance. Sponsored by ICMA Billing From a Customer Service Perspective— Simple and Effective Need to see one individual's billing account in a timely manner? Enable your CSR's to view dashboards, actual bills and more by using custom designed utility billing screens. Sponsored by Infor Public Sector Financing Green Improvements in Your Community Listen and learn about key municipal finance programs designed to increase the affordability and financial workings of green improvements especially for your city. Sponsored by Piper Jaffray & Co. LED Streetlights - Ready for Prime Time? LED streetlight technology is here[ Compare energy savings and long life versus quality of lumens and cost. Sponsored by Republic ITS Employing a Solar Community Program If low cost renewable energy fancies your attention, listen to real case studies and gain knowledge about how communities go solar. Sponsored by Soli Website Makeovers Put on your forward -thinking cap. Using case studies of governmentwebsite redesigns, see and learn how improving your website doesn't only involve graphic design, but also adds functionality and interactivity, restructuring navigation and much more. Sponsored by Vision Internet 16 LEAGUE OF CALIFORNIA CITIES PC7171H ANNIIA, ( UNI I RE Nr L S I X.'LISII ION 133 3M Company, Traffic Safety Systems Division 3n (National Notification Network) AAA Flag & Banner Mfg Co. AaguaTools, Inc. ActiveGovernment, part of Active Network AID Retirement AWS(Acclamatiion Insurance Mgmt Services) An Quality Management District Air Resources Board Albert A. Webb Associates Almetek Industries, Inc. American Greenpower Inc. American Honda Motor Cc Inc. Amerman Massage Therapy Assn.-CAChapter American Traffic Solutions Armando Pole Products Asphalt Zipper, Inc. Association of California Water Agencies ATS Communications AveryAssociates Bad Rap BarTracks Basin Water, Inc Best Best & Krieger, LLP Big Belly Solar Big League Dreams USA, LLC Bic Clean Environmental Services, Inc. Blast-N-Clean, LLC Bob Murray & Associates BonTema Consulting Boyle Engineering Corporation BTI Appraisal & Consulting Bureau Ventas Burke, Williams & Sorensen Bunted Waste Industries Buxton Cal CIMA CA Association of Code Enforcement Officers California Building Officials California Communities/U.S. Communities CA Dept of Housing & Community Development CA Dept of Public Health/ Tobacco Control Section CA Department of Water Resources The California Government VEBA CA Integrated Waste Management Board CA Joint Powers Insurance Authority CA Library Association California Lottery CA Manufactured Housing Institute (CMHI/MHET) California Specialized Training Institute California Tax Data CA Victim Compensation and Govt Claims Board CalTRUST Carole Engineers/EMS CarteGraph Systems, Inc. Cascade Engineering CD -Date Center for Homeland Defense and Security CGI Communications, Inc. CH2M HILL OMI Charles Abbott Associates Checkirmi Chevron Energy Solutions Civica Software Civil Justice Association of California Claims Management Service/ State Fund Clean Energy CleanStroet Comcast Comdata Inc. Connect-CTYTM Cost Control Associates CPS Security Solutions Crabtree Consulting Services Credit Bureau Associates CRW Systems CSAC Excess Insurance Authority CSE Insurance Group CSG Consultants, Inc. Decrier, Rossinbht & Lrtvak, LLP Dotal Solutions Dove Bang Associates, Inc David Evans and Associates, Inc. David Taussig & Associates, Inc. Davis Instruments De La Rosa & Co. Dema-Lite Dept of General Services/ CAL -Card Digital Map Products D NUM HARRIS, Inc. e-Civis, Inc. ECO. Logic Engineering Econolde Inc Election Systems & Software Elder AMCO Water, Inc. EmeraChem ESRI Exterior Products l no. Fallen Leaf Tree Service, Inc. The Fancy Street Clock Co Field Paoli Architects Global Electric Motorcars, LLC Goode Research Government Outreach Graduate School, USDA Gramcus, Inc. Graphic Solutions The Grasshopper Co. Green Vehicles Griffin Structures, Inc. Harrington Decorating Company Hai Associates HdLCompanies HDR Engineering, Inc. Hoary International, Inc. Hewed and Associates Consulting Services HF&H Consultants, LLC Highly Reliable Systems Hoke Outdoor Advertising, Inc Homecoming, Inc. I & I Group Ice Energy, Inc. ICMA ICMA Retirement Corporation I nfor Public Sector Group I nfoSend Inc. ING Financial Advisers, LLC Integrated Paving Concepts Inc Integrated Scanning of Amenca International Parking Design International Road Dynamics Inc Jacobs Carter Burgess JamesHardie JD Franz Research, Inc. Johnson Controls, Inc. Kasdan Simonds Riley & Vaughan, LLP Keenan & Associates Klmley-Hom and Associates Kitchell KOACorporation Koff & Associates, Inc. Lake Traffic Solutions Landslide Solutions, Inc. Laserfiche Leightronix, Inc. LexisNexis Library Systems & Services, LLC Llebert Cassidy Whitmore LPA, Inc. LSA Associates, Inc Massage Envy, LLC. Material and Contract Services Matrix Consulting Group MAXI M US, Inc. McDonough Holland & Allen PC MCE Corporation Meyers Nave Moore lacofano Goltsman, Inc The Moore Group More Prepared LLC MunBervicas, LLC Nall Cerbtication Board Therapeutic Massage & Bodywork National Community Renaissance NBS Nall Next Ten NGV Ani Norcal Waste Systems, Inc. Norns-Repke The Olson Company Omni -Means, Ltd. Otto Environmental Systems PACE (Pacific Advanced Civil Engineering, Inc.) Paragon Partners Ltd. Parkeon PARS Parsons Pavement Recycling Systems PBS&1 PERC (Pacific Environmental Resources Corp.) Petrachem Manufacturing, Inc. Piper Jeffrey Panty Bowes Metal nfo PLANETBIDS, Inc. Playgrounds by Design/ Recreation by Design Portable Computer Systems Inc. Practice Manager Group, LLC Precision Concrete Cutting Public Financial Management Public Policy Institute of California Quad Knopf Ralph Andersen & Associates RBFConsulting Red Flex Traffic Systems Reed & Graham Geosynthetics Rehr ig Pacific Cam pany Republic ITS Republic Services, Inc. REVERSE911 FILM Design Group, Inc. RKA Consulting Group passage, Spevacek Group RRM Design Group Schaefer Systems International SCSEngineers SemMatenals Siemens Building Technologies Sierra Display, Inc. Silvercrest Western Homes Simpson Housing Solutions, LLC Solana Press Books SolarCity Solid Terrain Modeling Inc. Southern California Edison Company Southern California Gas Company/SDG&E Southland Industries Southwest Water Company Sportsplex USA Standee Architecture Stone & Youngberg LLC Sun Valley Lighting Swmerlon Management & Consulting SyTech Solutions Thomson West Thunder Mountain Enterprises T-Mobile U S A TNTFirevrorks Toter Inc. Traffic Safety Corp. Transparent Technologies Transportation Comdor Agencies/The Toll Roads Transtech Engineers, Inc. TRC Tribal Alliance of Sovereign Indian Nations TnStem, Ltd UNI-SOLAR by United Solar 01 LLC University of California Television Un iversvty of Le Verne USA North Van, Coradrui inn Management VenueTech Management Group Veolls Water North America The Verdin Company Vision Internet Walker Parking Consultants Waste Management Watry Design, Inc. Wausau Tile, Inc. WeatherTRAK West Coast Arborists, Inc. WIIIdan, MunlFicanclal, Arroyo Geotxhnical and American Homeland Solutions Wmzler & Kelly WLC Architects Inc. Wood Rodgers, Inc. Note, Exhibitors in bold are League Partners REGISTER ONLINE AT W W W.CACITIES ORG/EVENTS 17 134 �t{to ffieFfture I G7Nr. `.FA(_— CnNVF NTION CENTER SEPTEMBER 24-27, 2008 tnea„=` at CNfNrq,a till's A.nrxl Canlcranno I name to this office with many years of public experience, so my first reaction to my first League conference was received with skepticism. Then, I got involved with the elective positions of the League and witnessed first-hand the value of attending. I'm looking forward to the next League conference. Ted Long, Council Member South Lake Tahoe, President of the Sacramento Valley division CityBooks In addition to Its own publications, the League of California Cities makes available current titles which have a particular relevance to local officials. CityBooks Inventory can be purchased online or by visiting the onsite bookstore. Watch for special VIP book signings. All attendees who register ONLINE only, by Friday, September V",, will receive a $20.00 discount coupon to use at the CityBooks bookstore during the conference. For a complete listing of available titles, please visit www.cacities.cr/store. City Pin Display A large map of California will be available on which to place your city's pin and show your city is represented atthe conference. Bring plenty of extras to share and trade with colleagues from other cities. Family Programs Contact your hotel concierge for referrals for childcare, shopping, tours and events while in Long Beach. First Timers Activities Special arrangements to welcome first-time attendees include an orientation briefing on Wednesday, September 2411, prior to the Opening General Session. Helen Putnam Award for Excellence This program recognizes outstanding cities that deliver the highest quality and level of service in the most effective manner possible. Visit the special displays by cities that won the 2008 prestigious Helen Putnam Award for Excellence and learn what your city can adapt from their success. League Caucus Networking Groups Join one or more of the League's Caucuses: African American, Asian Pacific Islanders, Gay, Lesbian, Bisexual & Transgender and Latino. Each will host a networking event at the Annual Conference open to all attendees. League Partners Program This valuable program offers businesses and nonprofit organizations an opportunity for dialogue, participation and support with the League and cities. The League greatly appreciates the Involvement of all our League Partners and thanks them for their support. Learn more about the program at www.cacities.org/leaguepartners. Mayors and Council Members Academy This voluntary program for mayors and council members consists of a series of educational programs and specific community activities that enhance knowledge and skills needed to be more effective in office. The Academy has three levels: Leadership, Advanced Leadership and Leadership in Action. You may participate in all three levels at the same time. For more information on the academy, please email mca@cacities.org. Spouses and Guests Spouse/Guests attending the conference with a registered attendee must purchase a Spouse/Guest registration. An eligible spouse/guest is someone who is not an elected or appointed city official or who does not conduct business with public officials or agencies. Registered spouses/guests are welcome at the sessions, the Expo floor and related receptions. Official 2008 Annual Conference badges are required for attendance at all events. Student Program College students studying local government and who are not city employees may apply to volunteer at the conference to receive a reduced ($100) or no cost registration, if their primary academic advisor makes such a request in writing to the League of California Cities Annual Conference Registration. Limited vol- unteer opportunities are available. The 2008 Annual Conference will not offer a high school youth program. Supplemental Session Materials Handouts and materials received in advance from speakers will be available at registration or In each session room. Where possible, these materials will also be posted on the League's Annual Conference web page for you to view after the conference at www.cacities.org/ac. Sessions at the Annual Conference will not be audio or video taped. 18 1 LEAGUE OFCALIFORNIACITIES 7(1(19 AN NI IA. 1:ONP1 KE N' E 5I XI'U911If)N 135 CITY OF LONG BEACH Welcome to Long Beach. Our city is proud to be hosting the 2008 League of California Cities Annual Conference. This year's theme, Sailing Into the Future, has special meaning for us. Over the past decade, we have invested over $1-billion in new development in our downtown waterfront. But we are not stopping there. We are actively planning for our future. The Long Beach 2030 Plan is a comprehensive approach to long range planning with emphasis on new ways to accommodate growth in our city while respecting the environment and enhancing Long Beach for the benefit of its residents. As you can see, Long Beach is a vibrant, exciting city by day or night and on Thursday, September 25"; you will have the opportunity to experience this first hand. The host city reception will be held on our outdoor promenade overlooking our bustling waterfront. With private bungalows, live entertainment and an eclectic range of mouthwatering appetizers, you will be sure to get a taste of what Long Beach has to offer. Sincerely, 1 Mayor Bob Foster REGISTER ONLINE AT WWW.CACITIES.ORG/EVENTS j IS 13& LONG BEACH C 0NVFNTI7N CENTER SEPTEMBER 24-27, 2008 Long Beach Convention Center The Long Beach Convention Center is located at the corner of Pine Avenue and Shoreline Boulevard. The convention center has three parking garages: Terrace Theater parking garage, Arena Parking garage and the Promenade parking garage. Arriving From the South: Take the Santa Ana Freeway (5) north to the San Diego Freeway (405). Take the San Diego Freeway (405) north to the Long Beach Freeway (710), Go south on the Long Beach Freeway to the Downtown Exits. (710 then becomes Shoreline Drive). Follow Shoreline Drive to Linden Avenue and into the parking lot or as advised by directional signage. Arriving From the North and the Valleys: San Gabriel 8 Pomona Valleys take the Orange Freeway (57) or San Gabriel Freeway (605) to the Riverside Freeway (91) to the Long Beach Freeway (710). Go south on the Long Beach Freeway to the Downtown Exits. (710 then becomes Shoreline Drive). Follow Shoreline Drive to Linden Avenue and into the parking lot or as advised by directional signage. Airport Transportation Getting to downtown Long Beach and the convention center has never been easier and several options are available. JetBlue Airline is providing reservations and a 5%discounted fare. Call 1-888-JETBLUE (538-2583), or use discount code: LCC08 Los Angeles International Airport Located 25 miles from the Long Beach Convention Center, LAX hasthe mostfrequent airservice around the state. LAX is serviced by several shuttle companies including Super Shuttle and Airport Express. Long Beach Municipal Airport Only 15 minutes from downtown Long Beach it's a quick drive to the convention center. John Wayne (Orange County) Airport Located south of Long Beach the John Wayne (Orange County) Airport is less than 30 minutes away. ® Amtrak ILMO Amtrak offers a 10%discount on round-trip regular or excursion coach fares for travel throughout California. For Information and reservations, contact Amtrak at (800) USA -RAIL or online at www.amtrak.com. Discount does not apply to additional accommodation charges for sleeping car or custom class. Light rail service connects the Amtrak Union Station in Los Angeles to Long Beach, within a few blocks of the convention center and hotels. Public Transportation Long Beach is the origination/termination point for the metro blue line, LA County's mass transit light rail system. The blue line connects Long Beach with downtown Los Angeles and to the system's red line. Long Beach Transit operates The Passport, an extensive city bus system that provides free downtown shuttle service, connecting the convention center with all local conference hotels, restaurants, shopping and area attractions. The Passport operates daily every 6 to 20 minutes. 20 LEAGUE OF CALIFORNIA CITIES POMP ANNIJA: COW I.RE I r I. n I X:'CISiI I(1N 137 The League of California Cities has contracted reduced room rates at the following properties for registered attendees at the 2008 Annual Conference. Please be sure to use the properties listed below to stay within the League's housing room block, while space is still available. Space will fill quickly in Long Beach, please register early and online. Phone reservations will not be available for League conference hotels. The advanced housing reservation/rate deadline is Friday, September 5'^ STEP ONE: Register for the conference All attendees must register for the conference first, directly with the League of California Cities, online at www.cacities.org/events or send check payment by mail. STEP TWO: Secure your hotel OPTION A —The online conference registration link will take you directly to online Housing Reservations for each property currently available on your selected dates, managed by the Long Beach Housing Bureau. For immediate hotel reservations and confirmation, please book your required rooming needs online after registering. OPTION B —After your conference registration is received and processed by mail, you will be sent a registration confirmation with an online link URL for hotel reservations and/or a housing request form. If you select to mail the housing form with deposit hotel payment to the League of California Cities, it will take a minimum of three business days after receipt to have it forwarded and processed by the Long Beach Housing Bureau. Forms may not be sent directly to the Housing Bureau, as they must be stamped as pre -registered by the League Registrar to be accepted and processed. STEP THREE: Hotel Changes or Hotel Cancellations Hotel reservation changes, date modifications, early check-outs, or cancellations must be communicated directlyto the Long Beach Housing Bureau by each individual, prior to September 4'" After September i hotel cancellations must be made directly with each hotel and may incur a financial penalty or minimum one night room charge. LONG BEACH CONFERENCE HOTELS: Hyatt Regency Long Beach $189 CAUTION! (reserve online only) Please do not make a 200 South Pine Street, Single / Double hotel reservation unless you are sure that you Renaissance Hotel Long Beach $175 will use it. Making a (reserve online only) reservation to protect a 111 East Ocean Boulevard,Single/Double future decision denies other attendees their The Westin Hotel Long Beach $186 room choice, costs the 333 East Ocean Boulevard, Single/Double hotel business and is costly for the League. Courtyard by Marriott $159 500 East First Street, Single/Double Administration Staff: If you are making Long Beach Hilton Hotel $184 hotel reservations for 700 West Ocean Boulevard, Single/Double others, please confirm ('Hotel tax for the City of Long Beach is currently with each individual, 12.05%. Rates include a small surcharge to help in advance, that they offset facilities costs.) actually need hotel accommodations and intend to use them on the dates you are reserving. - e.e R. ti, EI4R Pan Rw B - —PR�R.D ✓ 1 I I �IrAg W AR" DWRWT ( SHOMIJNEWWQ ' ' 0i PME ..l Y j +� �INEGVENBE I I 'J WATERFRONT ', . REGISTER ONLINE AT WWW.CACITIES.ORG/EVENTS 21 I have been attending our state Conferences since 2004. The training sessions, new contacts and the relevant information are very valuable and worth the time to attend each League conference. Ron Swegles, Council Member Sunnyvale hitu e LUNG 9E Ai CONVFNT1rJN UFN1'ER � SEPTEMBER 24-27, 2008 The value of your registration includes: • All program materials • Admission to all conference program sessions and the Exposition • One continental breakfast and refreshment breaks • Two full lunches with the exhibitors • The Long Beach Host City and multiple League Caucus receptions OPTION ONE (credit card) - Register online for immediate access to conference confirmation and a link to online hotel reservationsl If paying by credit card (Visa, MasterCard or Discover) please register online at www.cac_ities.org/events. We cannot process American Express. In addition, registrations made online by the deadline of Friday, September 5, include a$20 coupon to be used at CityBooks during the conference. OPTION TWO (check) - Full payment must accompany the registration form. Please obtain and print the check registration form at www.cacities.org/events. Registrations will not be processed until payment in full is received, by check only. Please make checks payable to the League of California Cities. The League is unable to accept purchase orders. After Friday, September 5, you must register onsite. One -Day Only Registration City officials $250 Public officials $300 Partners/Exhibitors/Others $350 Optional Registration Add-ons (non-refundable) Caucus Memberships $100/year per Caucus ILG Luncheon $45 City Attorney papers $55 'The cost of the attorney papers is not included in the registration amount. Papers will be available for sale at the conference. If papers are not picked up at the conference, $10.00 shipping/handling will be charged. Full Conference City officials $475 Public officials $525 Partners/Exhibitors/Others $625 Spouse or guest $100 Note: Full conference registration is required to attend the Annual Conference business meeting and/or to be a Voting Delegate Spouse/Guest Registration There is a $100 registration fee for spouses/ guests to attend the conference. The spouse/ guest registration fee is restricted to persons who are not city or public officials, are not related to any Partner or Exhibiting company, and would have no professional reason to attend the conference. The fee includes admission to conference sessions, the expo, meals and receptions. There is no refund for the cancellation of a spouse/guest registration. Onsite Badge Pick Up Each delegate who has registered in advance must pick up an official 2008 Annual Conference badge and program materials at the advance registration desk in the Long Beach Convention Center. Registration will open on Wednesday, September 241" from noon to 5:00 p.m., and continue until noon on Friday, September 26'". If you have questions, please contact the League Conference Registration Office at (916) 658-8291. Refund Policy Advance registrants unable to attend this meeting will receive a refund of the registration fee, less a $50 processing charge, only by submitting a written request to the League of California Cities, Conference Registration Office, 1400 K Street, Sacramento, CA 95814. fax (916) 658-8220, or email klofte@cacities.org. Requests for refunds must be received by 5 p.m. on Wednesday, September 10. Sorry, no refunds will be provided if requested or received after this date. No refunds will be given for the ILG luncheon, spouse/guest fees or Caucus dues. - LEAGUE OF CALIFORNIA CITIES Pi ANNIW (I)NPR INf.ALF &FX,':ISIIMN 133 Two Easy Ways to Register- Must be Received before Friday, September 5: 1) Online: www.cacities.org/events—register online and receive a $20 CityBooks coupon 2) Mail with check to: League of California Cities, 1400 K Street, Sacramento, CA 95814 • Written confirmation will be sent to those registrations received with complete payment before Friday. September 5. After this date please register onsite. • All cancellations must be submitted in writing and are subject to a $50 processing fee. • No refunds will be given for requests received after Wednesday, September 10. No refunds will be given for the ILG luncheon, spouse/guest fees or Caucus dues. • Questions? Call the Conference Registrar at 916-658-8291. Sorry, phone registrations not accepted. Please enter your name and title, as they should appear on your name badge Registration Fees Full Conference One Day and registration. Please Indicate guest/spouse's name if attending. Please ❑ City Officials/Staff $475 $250 complete one form per registrant. ❑ Public Officials $525 $300 ❑ Partner/Exhibitor/ City/Company Company $625 $350 ❑ Spouse/guest $100 N/A Name Total $ One -Day Only Badge - Check the day attending Title ❑ Thursday ❑ Friday Address City Cell Phone Office Phone E-Mad (confirmation will be sent here) Zip Code - ----------------- -- -- - ------------ ---- Spouse/Guest Name (fee applies) ❑ First Time Attendees only, check here ® For special assistance related to facility access, hearing or visual call our Conference Registrar at 916-658-8291. Optional Registration Add-ons ❑ African -American Caucus $100/year ❑ Asian -Pacific Islander Caucus $100/year ❑ GLBT Caucus $100/year ❑ Latino Caucus $100/year ❑ City Attorney Papers $ 55 ❑ ILG Luncheon $ 45 Total $ - --__ Grand Total $ Payment Information Make checks payable to League of California Cities. For MasterCard, Discover and VISA payments, please register online at www.cacities.org/events. Sorry, we do not accept American Express. REGISTER ONLINE AT W W W.CACITIES ORG/EVEfAT4 nl 23 17, COUNCIL/RDA MEETING DATE: July 1, 2008 ITEM TITLE: Approval of a Request for Proposal to Obtain Professional Engineering Services to Prepare a Citywide Undergrounding Feasibility Study RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare a Citywide Utility Undergrounding Feasibility Study. FISCAL IMPLICATIONS: Funding has been set aside in the Public Works budget for special studies, including studying undergrounding of utilities. There is currently a balance of $163,876 in the contract services account in the Fiscal Year 2007/2008 budget which is expected to be carried over into the Fiscal Year 2008/2009 budget of which approximately $85,000 is available to pay for a preliminary study and cost estimate. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Residents from several neighborhoods throughout the city have expressed an interest in having the existing overhead utility lines in their neighborhood placed in underground facilities. Pursuant to their interest, the City Council has directed the Public Works Department to retain a qualified professional engineering firm to prepare a feasibility study. The study includes planning level estimated costs of the conversion and an overview report explaining the use of Tariff Rule 20 funds, including the common policies and practices of municipalities that use these funds with a particular focus on any practices and procedures that may be unique to the Imperial Irrigation District (IID) service area. This study will be coordinated with the undergrounding survey being performed by a survey consultant under a separate contract with the city manager's office. 141 The RFP to obtain professional engineering services to prepare the Citywide Utility Undergrounding Feasibility Study has been prepared and is ready for distribution to qualified consultants. The RFP is attached for the City's Council's consideration as Attachment 1. 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. The City Manager will appoint a consultant selection committee to select a consultant for this project unless otherwise directed by the City Council. FINDINGS AND ALTERNATIVES: 1. Authorize staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare a Citywide Undergrounding Feasibility Study; or 2. Do not authorize staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare a Citywide Undergrounding Feasibility Study; and do not appoint a Consultant Selection Committee; or 3. Provide staff with alternative direction. Respectfully submitted, 4otyRr.oasP.EPubliDire or/City Engineer Approved for submission by: Z%(/(%)9'!!v4 �i/ �/ te4� citC Thomas P. Genovese, City Manager Attachment: 1 . Request for Proposal (RFP) 142 Attachment 1 CITY OF LA QUINTA Request for Proposal City -Wide Utility Undergrounding Feasibility Study The City of La Quinta requests proposals from qualified professional engineering consultants to prepare a feasibility study to determine the estimated costs of converting existing overhead utility lines to underground facilities so the City Council can determine the viability of proceeding with underground utility districts. Project Background Residents from several neighborhoods throughout the city have expressed an interest in having the existing overhead utility lines in their neighborhood placed in underground facilities. Pursuant to their interest, the City Council has directed the Public Works Department to retain a qualified professional engineering firm to prepare a feasibility study that includes planning level estimated costs of the conversion and an overview report explaining the use of Tariff Rule 20 funds, including the common policies and practices of municipalities that use these funds with a particular focus on any practices and procedures that may be unique to the Imperial Irrigation District (IID) service area. This study will be coordinated with the undergrounding survey being performed by a survey consultant under a separate contract by the city manager's office. Preliminary Scope of Services The consultant shall provide all necessary services to provide the feasibility study that includes planning level cost estimates and a Tariff Rule 20 overview report. Services required of the consultant may include, but are not necessarily limited to: Planning Level Cost Estimates 1. Prepare planning level cost estimates for typical properties in the six (6) study areas identified on the Underground Assessment Map attached hereto. The consultant shall choose a sample block within each of the study areas and develop a planning level cost estimate for undergrounding the utilities. 2. The cost estimate shall include costs within the public right of way and costs on private property to reconnect the utility services, and the factors, and cost impact associated with those factors, that may cause the cost to vary on private property. The result of this work objective, and that of Item No. 1 listed in the previous paragraph, will result in an average cost per property for re -connection on the property, plus cost components or factors that cause individual property costs to fluctuate from the average cost, plus the 143 cost for improvements in the public right of way. 3. Consultant shall identify any special construction practices that would be required and whether additional right of way would be required. 4. Cost estimates shall include all costs associated with converting all overhead utility lines (ie electric power, telephone, and cable tv) to underground facilities. Tariff Rule 20 Overview Report 1. Explain the purpose and origin of the tariff that all ratepayers currently pay on their monthly utility bills pursuant to Tariff Rule 20 as adopted by the California Public Utility Commission including subsections A, B, and C of Rule 20. 2. Contact IID and obtain the estimated annual revenue stream from Rule 20 allocations that would benefit La Quinta residents, and the steps the City must take to participate in those allocations. 3. Provide contact information of the liaison person at IID who is responsible for its Rule 20 program involving municipalities in its service area. 4. Explain the typical procedure for implementing a Rule 20 utility underground district as recommended in the Underground Conversion Planning Guide co- sponsored by the League of California Cities and various utility purveyors in California, from project inception through completion of construction. 5. Provide a brief narrative of the common policies and practices of cities in California that have ongoing utility undergrounding programs with respect to Rule 20 funding allocations as deployed in 20A, 20B, and 20C projects. 6. Provide a brief narrative regarding the notable undergrounding aspects associated with the non -electric power utilities lie telephone and cable tv) including but not limited to: funding and coordination during the process. General The consultant is expected to keep the city fully informed of progress on the project and of issues that may require direction from city staff. The consultant will be expected to meet with city staff on a monthly basis to provide project status and discuss any significant issues. The consultant will also be expected to attend City Council meetings and other meetings when the agenda includes project -related material. 2 144 City Council meetings and other meetings when the agenda includes project -related material. Proposal Format (envelope 1) 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 September 1, 2008 before 5:00 p.m. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: Nick Nickerson, 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: 1. Proposed scope of work in sufficient detail to demonstrate the Consultant's project understanding and approach. 2. Previous experience in the design and construction of underground conversion projects. 3. Previous experience regarding common policies and practices of municipalities regarding their use of Tariff Rule 20 funds. 4. A client listing for recent projects including primary contacts, current addresses and telephone numbers. 5. A summary of performance in preparing cost estimates including a listing of recent estimates, the corresponding low bids and the final project costs. 6. A list of personnel and sub -consultants proposed for this project, what responsibilities will be assigned to each, and the percentage of time each key individual will contribute to this project. 7. Resumes for the project manager, assistants, principals, and major sub - consultants. Discuss contingencies for the loss of one or more of the key personnel. 8. A tentative schedule for the project. The Consultant may assume a start date of November 1, 2008. 3 145 9. The consultant's office location and designated contact person for the selection process. Cost Proposal (envelope 2) 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 defined task and/or sub -task. 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. 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. 146 4 CITY OF LA QUINTA COST PROPOSAL SHEET City -Wide Utility Undergrounding Feasibility Study The following is a summary of costs to provide the services outlined in the Request for Proposals for professional engineering consultants to prepare a Feasibility Study regarding City -Wide Utility Undergrounding improvements and will be used as the basis for negotiating a Professional Services Agreement: Project Area Total Fixed Fee Prepare Planning Level Cost Estimates Prepare Tariff Rule 20 Overview TOTAL LUMP SUM FIXED FEE: $ Attached herein is a detailed man-hour and fee breakdown for each of the project areas by task and sub -task as defined within our proposal. Prime Consultant Date Signed 5 1 147 Last Revised 1-19-07 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to , Project No. , as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner 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 La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 148 1.5 Care of Work and Standard of Work. a. 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 equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding 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 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Dollars ($) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of 149 Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contractor 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 thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 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 Performance"). 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 performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of 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 of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. The term of this agreement shall commence on 200 and terminate on 200_(initial term)• This agreement may 150 be extended for additional year(s) upon mutual agreement by both parties (extended term). Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of 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 assigned 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 person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed 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 herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, 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 wholly independent contractor with 15l only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE INDEMNIFICATION AND BONDS. 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of 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 shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $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 claims 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, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither 152 City nor its insurers shall be required to contribute to such loss. 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. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of "A" or better and a minimum financial size VII. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. a. General Indemnification Provision. 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, 153 employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend 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, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 4. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. 154 1 . Applicability of Section 5.2(b)• Notwithstanding Section 5.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 5.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain 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 City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. i55 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant 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 required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid 150 by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity 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 review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking 157 any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from 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 five (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations 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 intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision 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 Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge 1J8 City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right 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 Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. 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 liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 159 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 shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to 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 shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to 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 believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 160 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. i61 8.0 CITY OFFICERS AND EMPLOYEES• NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for 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, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will -not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: 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 162 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of 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, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. 163 IN WITNESS 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: e M. Katherine Jenson, City Attorney CONSULTANT: By: Name: Title: 164 Last Revised 1-19-07 Exhibit A Scope of Services 165 Last Revised 1-19-07 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 ($ 1 except as specified in Section 1.6 - Additional Services of the Agreement. 160 Last Revised 1-19-07 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. Last Revised 1-19-07 Exhibit D Special Requirements 163 COUNCIL/RDA MEETING DATE: July 1, 2008 ITEM TITLE: Acceptance of On -Site and Off -Site Improvements Associated with Tract Map No. 31681-1, Andalusia, Coral Option 1, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept on -site and off -site improvements associated with Tract Map No. 31681-1, Andalusia, Coral Option 1, LLC and authorize staff to release performance securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: Acceptance of the off -site improvements will impact the General Fund as follows: Catch basin maintenance is estimated to be $1,000 annually, which will be incorporated into the Landscape and Lighting Operating Budget. Street sweeping for the additional curb and gutter is included in the City's operating budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 31681-1, Andalusia, is located east of Madison Street, west of Monroe Street, south of Avenue 58, and north of Avenue 60 (Attachment 1). The improvements include curb and gutter, sidewalk, curb ramps, storm drain, catch basins, landscaping, signing, striping, and asphalt concrete pavement. All obligations of the Subdivision Improvement Agreement (SIA) and the Conditions of Approval have been satisfied. Attachment 2 indicates the amount of the warranty security. 169 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Accept the on -site and off -site improvements associated with Tract Map No. 31681-1, Andalusia, Coral Option 1, LLC and authorize staff to release performance securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 2. Do not accept the on -site and off -site improvements associated with Tract Map No. 31681-1, Andalusia, Coral Option 1, LLC and do not authorize staff to release performance securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction. Respectfully submitted, J Timothy R. Jon 00n, P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Warranty Security Exhibit 170 ATTACHMENT 1 TM 31681-1 ANDALUSIA NAP Tract No ANDALUSIA 31681 1 w � W AVENUE VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: July 1, 2008 ITEM TITLE: Acceptance of On -site and Off -site Improvements Associated with Tract Map No. 31681-1, Andalusia, Coral Option 1, LLC APPLICANT: Mr. Nolan Sparks, Coral Option 1, LLC 171 ATTACHMENT 2 WARRANTY SECURITY Tract Map No. 31681-1 Development Name: Andalusia ON -SITE IMPROVEMENTS Performance security' Improvement Description Labor & Materials' Current Amount Proposed Reduction WARRANTY AMOUNT Grading $17,290 $17,290 90% $1,729 Street Improvements $273,160 $273,160 90% $27,316 Domestic Water $855,290 $655,290 90% $85,529 Sanitary Sewer $265,730 $265,730 90% $26,573 Storm Drain $81,710 $81,710 90% $8,171 Dry Utilities $110,000 $110,000 90% $11,000 8 FT Wide Pedestrian Tunnel $65,000 $65,000 90% $6,500 12 FT Wide Pedestrian Tunnel $70,000 $70,000 90% $7,000 Monumentation Contingency $0 $12,450 100% $0 Standard Contingency 10% $173,820 $173,820 100% $0 Professional Fees, Design 10% $191,200 1$191,200 100% $0 Professional Fees, Construction 10% $191,200 $191,200 1 100% $0 No Plans Contingency (25%) $478,000 $478,000 1 100% $0 Totals $2,772,400 $2,784,850 1 - 173,818 OFFSITE IMPROVEMENTS Performance Security' Improvement Description r& laisz Original Amount Proposed Reduction WARRANTY AMOUNT Avenue 58 improvements Street 810 $355 810 90% $35 581 Storm Drainage 80 $9,380 90% $938 Si nin and Stri in 60 $11 760 90% $1 176 Street Lighting00 R$256,040 $40,400 90% $4,040 San itary Sewer 560 $683,560 90% $68,356 Perimeter Landscaping 410 $156,410 90% $15,641 Perimeter Wall 90 $36,590 90% $3,659 Water 040 $256,040 90% $25,604 Standard 10% Contin enc 000 $155,000 100% $0 Professional Fees, Design 10% 500 $170,500 100% $0 Professional Fees, Construction 10%500 $170,500 100% $0 No Plans Co Mingency, 25% $426,240 1 $426,240 100°/u $0 Totals[2,472,190 2,472,1 0 - $iS4,995 ' Performance Security shall be released immediately upon City Council acceptance 2 Labor & Materials Security to remain in place for 90 days after City Council acceptance of improvements. 3 WARRANTY SECURITY (10% of Original Performance Security) shall be received by the City prior to being placed on the agenda for City Council. 17? COUNCIL/RDA MEETING DATE: July 1, 2008 ITEM TITLE: Acceptance of On -Site and Off -Site Improvements Associated with Tract Map No. 31681-2, Andalusia, Coral Option 1, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept on -site and off -site improvements associated with Tract Map No. 31681-2, Andalusia, Coral Option 1, LLC and authorize staff to release performance securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: Acceptance of the off -site improvements will impact the General Fund as follows: Catch basin maintenance is estimated to be $1,000 annually, which will be incorporated into the Landscape and Lighting Operating Budget. Street sweeping for the additional curb and gutter is included in the City's operating budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 31681-2, Andalusia, is located east of Madison Street, west of Monroe Street, south of Avenue 58, and north of Avenue 60 (Attachment 1)• The improvements include curb and gutter, sidewalk, curb ramps, storm drain, catch basins, landscaping, signing, striping, and asphalt concrete pavement. All obligations of the Subdivision Improvement Agreement (SIA) and the Conditions of Approval have been satisfied. Attachment 2 indicates the amount of the warranty security. 173 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the on -site and off -site improvements associated with Tract Map No. 31681-2, Andalusia, Coral Option 1, LLC and authorize staff to release performance securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 2. Do not accept the on -site and off -site improvements associated with Tract Map No. 31681-2, Andalusia, Coral Option 1, LLC and do not authorize staff to release performance securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction. Respectfully submitted, %IjpKothy R. J n ss P.E. Public Works irec r/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Warranty Security Exhibit 174 ATTACHMENT 1 TM 31681-2 ANDALUSIA AVENUE 58 NAP T31681-2 A R VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: July 1, 2008 ITEM TITLE: Acceptance of On -site and Off -site Improvements Associated with Tract Map No. 31681-2, Andalusia, Coral Option 1, LLC APPLICANT: Mr. Nolan Sparks, Coral Option 1, LLC 175 ATTACHMENT 2 WARRANTY SECURITY TM 31681-2 Development Name: Andalusia ON -SITE IMPROVEMENTS Performance Security' Improvement Description Labor & Materials' Original Amount Proposed Reduction WARRANTY AMOUNT Infrastructure Onsite Grading $5,219 $5,219 90% $522 Pavement $258,266 $258,266 90% $25,827 Concrete Improvements $94,734 $94,734 90% $9,473 Storm Drain $165,958 $165,958 90% $16,596 Dry Utilities $18,500 $18,500 90% $1,850 Onsite Grading $25,736 $25,736 90% $2,574 Pavement $506,499 $506,499 900/0 $50,650 Concrete Improvements $255,927 $255,927 90% $25,593 Storm Drain $159,055 $159,055 90% $15,906 Dry Utilities $166,000 $166,000 90% $16,600 Domestic Water $363,836 $363,836 90% $36,384 Sewer $275,550 $275,550 90% $27,555 Monumentation Standard 10% Contingency $0 $24,824 100% $0 $229,528 $232,010 100% $0 Professional Fees, Design 10% $252,481 $255,211 100% $0 Professional Fees, Construction 10% $252,481 $255,211 100% $0 otals 3,029,770 3,062,636 - 229,628 OFF -SITE IMPROVEMENTS Performance Security' Improvement Description Labor & Materials' Original Amount Proposed Reduction WARRANTY AMOUNTS Grading$17,501 $17,501 90% $1,750 Pavement $365,711 $365,711 90% $36,571 Concrete Improvements $191,710 $191 710 90% $19,171 Storm Drain $23,315 $23,315 90% $2,332 Misc Poles, lights, relocations, etc $36,430 $36,430 90% $3,643 Perimeter Landscaping $541,500 $541,500 90% $54,150 Striping $12,340 $12,340 90% $1,234 Standard Contingency10% $118 851 $118,851 100% $0 Professional Fees & Plans, Design 10% $130,736 $130,736 100% $0 Professional Fees, Construction 10% $130,736 $130,736 100% $0 Totals 1,568,830 1,568,830 118,851 ' Performance Security shall be released immediately upon City Council acceptance 2 Labor & Materials Security to remain in place for 90 days after City Council acceptance of improvements. 3 WARRANTY SECURITY (10% of Original Performance Security) shall be received by the City prior to being placed on the agenda for City Council. 176 S AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: July 1, 2008 BUSINESS SESSION: ITEM TITLE: Approval of an Operational Agreement CONSENT CALENDAR: with the County of Riverside for the Coachella Valley Violent Gang Task Force STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve an Operational Agreement (Attachment 1) with the County of Riverside for the Coachella Valley Violent Gang Task Force. FISCAL IMPLICATIONS: The County Probation Department receives funding from the Federal government for a Juvenile Accountability Block Grant. This agreement will provide $90,729 in funding to the task force in Fiscal Year 2008/2009, for which the City will bill the County on a quarterly basis and will be reimbursed within thirty (30) days. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: For Fiscal Year 2008/2009, the City of La Quinta Management Services Division in the City Manager's office will be providing oversight, with the Finance Department providing accounting services for the task force. The City of La Quinta has been providing accounting and investing services for the task force since July 1, 2006. The attached agreement has been reviewed by the City Attorney. 177 FINDINGS AND RECOMMENDATIONS: The alternatives available to the City Council include: 1. Approve an Operational Agreement with the County of Riverside for the Coachella Valley Violent Gang Task Force; or 2. Do not approve an Operational Agreement with the County of Riverside for the Coachella Valley Violent Gang Task Force; or 3. Provide staff with alternative direction. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Operational Agreement with the County of Riverside for the Coachella Valley Violent Gang Task 178 E 0 a O m w ou- w u_ J 0 �w ZJ W V w _F Q= Q > U 0 SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA ATTACHMENT FROM: PROBATION DEPARTMENT SUBMITTAL DATE: May 13, 2008 SUBJECT: Approval of 2008 Juvenile Accountability Block Grant Application and Resolution No. 2008-253. RECOMMENDED MOTION: That the Board of Supervisors: 1) Approve the 2008 Juvenile Accountability Block Grant application; 2) Adopt Resolution No. 2008-253, authorizing the Chief Probation Officer to sign the grant agreement; 3) Authorize the Chief Probation Officer to sign an agreement with the City of La Quinta for their portion of the grant. BACKGROUND: The State Corrections Standards Authority (CSA) has allocated funding to the County under the Federal Juvenile Accountability Block Grant (JABG) 2008 Program. The purpose of this funding is to promote development or continuation of local juvenile justice programs that hold juvenile offenders accountable to the community and courts. The allocation to Riverside County for expenditures during Fiscal Year 2008-2009 is $81,656, with a 10% match of $9,073 for a total of $90,729. Continued... PBR-006-07/08 Current F.Y. Total Cost: $ 90,729 FINANCIAL DATA Current F.Y. Net County Cost: $ 9,073 Annual Net County Cost: $ N/A SOURCE OF FUNDS: Federal - 90%; County - 6%; Other 4% Budget Adjustment: No For Fiscal Year: FY 08-09 Positions To Be Deleted Per A-30 Requires 416 Votel ❑ �..c.v. rcc�.vmmcrvuianvnc APPROVE (% BY: �^y� 0 0 Steve P Schubert a a County Executive Office Signature ® SI MINUTES OF THE BOARD OF SUPERVISORS N On motion of Supervisor Tavaglione, seconded by Supervisor Buster and duly carried 0 0 by unanimous vote, IT WAS ORDERED that the above matter is approved as recommended. Ayes: Buster, Tavaglione, Stone, Wilson and Ashley Nancy Romero ® Nays: None Glerl he Board 'Absent: � Noneva` Lam/ Date: June 3, 2008 Deputy w xc: Probation • s ° a w Prev. Agn. Ref.:, District: Agenda Number: 1 748 3 d d Form 11 Subject: Approval of 2008 Juvenile Accountability Block Grant Application and Resolution No. 2008-253. Page 2 of 3 In Fiscal Year 2008-2009 JABG funding of $49,701 will be used to support the collection of data for the Coachella Valley Gang Task Force by reimbursing the salaries and benefits of an Office Assistant III position from the Riverside County Sheriffs Department. The balance of the JABG funding, $31,955, will be made available for reimbursement to the City of La Quinta for expenditures on behalf of the Gang Task Force for services and supplies. The City of La Quinta will fund their share of the match. The Probation Department will prepare a funding agreement between the city and county. The allocation of project funding to the two agencies will be: Federal Funds Local Match Project Cost Sheriffs Department $49,701 $5,522 $55,223 City of La Quinta $31,955 $3,551 $35,506 Total Program $81,657 $9,073 $90,729 The position funded by the grant is already included in the Sheriffs Department Fiscal Year 2008-2009 Proposed Budget. The attached resolution, grant application, and Operational Agreement have been approved as to form by the Office of County Counsel. 180 4 Board of Supervisors County of Riverside 1 2 RESOLUTION NO.2008-,253 3 4 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE 5 COUNTY OF RIVERSIDE, STATE OF CALIFORNIA 6 AUTHORIZING SUBMITTAL OF JUVENILE ACCOUNTABILITY BLOCK GRANT APPLICATION 7 8 9 WHEREAS, the County of Riverside desires to receive and utilize federal grant 10 Funds available through the Juvenile Accountability Block Grant (JABG) Program administered by 11 the Corrections Standards Authority (hereinafter referred to as CSA); now, therefore, 12 13 BE IT RESOLVED AND ORDERED by the Board of Supervisors of the County of 14 Riverside, State of California, in regular session assembled on June 3. 2008 , that the Board 15 16 of Supervisors of the County of Riverside does hereby: 17 1. Authorize, on behalf of the County of Riverside Board of Supervisors, the Chief ® 18 Probation Officer to submit the JABG application and to sign the grant agreement 19 20 with CSA, including any amendment thereof that does not change the basic scope 21 or terms; 22 2. Agree to provide all matching funds required for said project, and abide by the 23 24 statutes and regulations governing the JABG Program as set forth by the CSA; and 25 3. Assure that the grant funds received hereunder shall not be used to supplant 26 expenditures controlled by this body. 27 28 ADOPTED by Riverside County Board of Supervisors on June 3, 2008. 29 ROLL CALL: Ayes: Buster, Tavaglione, Stone, Wilson and Ashley 30 Nays: None 31 Absent: None 32 33 Thebnvwr lscedfiedtobeatrue at iaBoludon duly adopted by said Board per - 1Aon ft die forth. ® 34 35 am n am erei Clerk of say �— rn�_' _ DeWb 06.03.08 3.48 1 8 1 5 ® 1 z 3 4 5 6 7 8 9 10 11 12 13 14 ® 15 16 17 18 19 20 21 22 23 24 25 26 27 Operational Agreement Between the County of Riverside and City of La Quinta For the Coachella Valley Violent Gang Task Force I. Parties to the Agreement This Agreement is entered into by and between the County of Riverside (hereinafter "County") by and on behalf of its Probation Department, and the City of La Quinta (hereinafter "City"). II. Purpose The State Corrections Standards Authority (CSA) has allocated funding to the County under the Federal Juvenile Accountability Block Grant (JABG) 2008 Program. This Agreement establishes the procedures for the Probation Department to provide JABG funding for reimbursement to the City for expenses incurred during fiscal year 2008-2009 on behalf of the Coachella Valley Violent Gang Task Force for supplies and services (CVVGTF). III. Term The term of this Agreement shall commence on July 1, 2008, upon approval by both parties, and shall remain in effect for one year. IV. Funding The Probation Department shall reimburse the City in an amount not to exceed $31,955 ($35,506, less 10% cash match of $3,551 required by the JABG). Reimbursement shall cover supplies and expenses incurred on behalf of the CVVGTF. Examples of allowable expenses are Janitorial services, alarm services, electricity, trash collection, communications, general supplies, travel and uniforms. The source of funding is the JABG #CSA 155-08. The City agrees that the County's obligation to pay any sum under this Agreement is contingent upon the availability of sufficient JABG funds. In the event that JABG funding is suspended prior to the end of the one year grant period, funding for the City will be suspended, or prorated, accordingly. V. Responsibilities 1. City of La Quinta: The City shall comply with all applicable provisions of the JABG agreement. The City agrees to bill the Probation Department on a quarterly basis. Each invoice - 1 - 182 0 r 1 U 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ® 15 16 17 16 19 20 21 22 23 24 25 26 27 • 28 must be certified by the City as a valid CVVGTF expense and include source documentation that supports the billed costs. Travel vouchers detailing the purpose, time, and destination must be submitted to support travel claims; and purchase orders, invoices, etc., must be submitted to support operating I I expense claims. Invoices are due by the last day of the month following the end of each quarter and should be mailed to the following address: Riverside County Probation Department Attn: Fiscal Services P.O. Box 833 Riverside, CA 92502-0833 2. Probation Department: The Probation Department will process all reimbursement claims within thirty (30) days of receipt of the invoice. VI. Books and Records. The City shall maintain adequate fiscal books, records, documents and other evidence pertinent to the Agreement in accordance with generally accepted accounting principles, and maintain adequate accounting records in support of its claims. The city assumes responsibility for any disallowances which may arise as a result of audit exceptions. The City further agrees to make records and supporting documentation available to the Corrections Standard Authority or designees, and State or Federal auditors during the course of this Agreement and for a minimum of three years after final grant project audit. The City shall provide suitable facilities for access, monitoring, inspection, and copying of books and records relating to the grant funded project. VII. Nondiscrimination. During the performance of the Agreement, the City and its subcontractors shall comply with all Federal statutes relating to nondiscrimination, including but not limited to prohibitions against discrimination on the basis of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition, age or marital status. Vill. Liability. County and City, to the extent that liability may be imposed on the parties by the provision of Government Code Section 895.2, shall be liable for their own acts or omissions, including all claims, 2 - 183 01 2 3 4 5 6 7 8 9 10 11 12 13 14 ® 15 16 17 18 19 20 21 22 23 24 25 26 27 0 28 liabilities, injuries, suits, and demands and expenses of all kinds which may result or arise out of any alleged malfeasance or neglect, caused or alleged to have been caused by either County or City, their officers, directors, employees or representatives, in the performance or omission of any act or responsibility of either party under this Contract. In the event that a claim is made against both the County and City, it is the intent of both parties to cooperate in the defense of said claim and to cause tl insurers to do likewise. The terms of this section shall survive the termination of the Agreement. Signatures We, the undersigned, as authorized representatives of the County of Riverside and the City of La Quinta, do hereby execute this document. COUNTY OF RIVERSIDE By: �a C Title: Date: S [] CITY OF LA QUINTA FORM XKK OU 4� COU BY. N AL NI , �`•\ DATE - 3 - 184 COUNCIIJRDA MEETING DATE: July 1, 2008 ITEM TITLE: Approval of an Independent Accountant's Report on Agreed -Upon Procedures for the Adams Street Bridge Improvement Project RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: 113 STUDY SESSION: PUBLIC HEARING: Approval of an Independent Accountant's Report on Agreed -Upon Procedures for the Adams Street Bridge Improvement. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Due to the amount of the RBF contract and the source of funding from Caltrans, staff engaged the services of the City's auditors Lance Soil and Lunghard, LLC CPA's to conduct a pre -award review of the RBF contact for the engineering of the Adams Street bridge. The review found that the agreement between RBF and the City did not include a requirement for a three year records retention period for financial records and ten years for project related records. The review also found that the agreement should include a requirement for the contractor to follow certain requirements set forth in Code of Federal regulations (CFR) 48 and 49 (Attachment 1). 185 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approval of an Independent Accountant's Report on Agreed -Upon Procedures for the Adams Street Bridge Improvement Project and direct staff to add the contract modifications recommended in the Accountant's Report.; or 2. Do not approve an Independent Accountant's Report for the Adams Street Bridge Improvement Project and do not direct staff to add the contract modifications recommended in the Accountant's Report.; or 3. Provide staff with alternative direction. Respectfully submitted, 31" 1 t John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1.Independent Accountant's Report on Agreed -Upon Procedures 186 2 ATTACHMENT 1 CITY OF LA QUINTA Independent Accountant's Report on Agreed -Upon Procedures 187 3 ce Brandon W. Burrows Donald L. Parker MLLU0,11 I p �[ Michael K. Chu David E. Hale ghard DonaldG Slater`° LLP Richard K. Kikuchi Certified Public Accountants Retired Robert C. Lance 191419% Richard C. Soll Fred J. Lunghard, Jr. 19]a-1999 May 23, 2008 To the Honorable Mayor and Members of City Council City of La Quinta California INDEPENDENT ACCOUNTANTS' REPORT ON APPLYING AGREED -UPON PROCEDURES We have performed the procedures enumerated below which were agreed to by the management of the City of La Quinta, California (City), solely to assist the City and Caltrans in performing the pre -award review for the cost/price proposal submitted by RBF Consulting (RBF) for the Adams Street Bridge Improvements. This engagement to apply agreed -upon procedures was performed in accordance with attestation standards established by the American Institute of Certified Public Accountants. The sufficiency of the procedures is solely the responsibility of those parties specified in this report. Consequently, we make no representation regarding the sufficiency of the procedures described below, either for the purpose for which this report has been requested, or for any other purpose. The procedures performed and the results obtained from the performance thereof were as follows: Procedure Performed: We reviewed the agreement between the City and RBF to determine if it specifically provides for the following: a. Specific performance period b. Three-year record retention period and right to audit c. Method of payment d. References to cost principles set forth in CFR 48, Chapter 1, Part 31 for allowability of individual items of cost and CFR 49, Part 18, for administrative procedures. Finding: We were unable to find explicitly stated in the agreement reference to CFR 48 and CFR 49 and the minimum number of years they are required to retain their records. RBF's Response: Although the contract with the City may not have explicitly stated the requirement to follow CFR 48, Chapter 1, Part 31 or CFR 49, Part 18, RBF Consulting does comply with these FAR guidelines when working on projects subject to FARs as required by the client. With respect to record retention, our internal policy is that we retain project -related records for a minimum of ten years after the close of a project and project financial records are retained for three years following the close of a project. 2. Procedure Performed: We reviewed the cost/price proposal to verify that it included a breakdown of the estimate for performing the work and that it properly footed. Finding: No findings were noted as a result of the procedures performed. 75 YEARS 44�ZZW • 16,18 192L9 " ��2_"0'0_4 Qp FX+CeL[eIW 203 N. Brea Blvd., Suite 203 9 Brea, CA 92821-4056 9 (714) 672-0022 • Fax (714) 672-0331 9 www lslcpas.com 4 LLSL Lolunghard LLP CERTIFIED %/RLIC ACCOUNTANTS To the Honorable Mayor and Members of City Council City of La Quinta Page 2 3. Procedure Performed: We reviewed RBF's internal control structure and verified that procedures are in place to accurately record, process, summarize and report contract and financial information and to ensure compliance with applicable laws and regulations. This included reviewing an independent auditors report for an OCTA contract from 2007 and examining accounting records to determine that the system has the ability to accumulate and segregate reasonable, allocable and allowable costs through the use of a cost account system. Finding: No findings were noted as a result of the procedures performed. 4. Procedure Performed: We evaluated the cost/price data and compared them to the original source documents used to establish the proposal. Finding: We determined that the proposal was not prepared in detailed format, it was prepared using their hourly rate schedule. RBF prepared a cost breakdown of the classifications listed in the proposal and a calculation of the overhead that would have been applied had a detailed proposal been prepared and found that in most instances, the hourly amounts quoted in the proposal were below their direct labor, overhead and expected profit amount. However, in comparing the overall costs and hours included in the proposal, the amount quoted in the cost/price proposal was $1,756.11 higher than the amount determined in the cost breakdown. The comparison for each classification is as follows: Number of Amount Per Amount Per Difference Hours Per Total Cost Classification Proposal Review Per Hour Proposal Difference Principal $ 215.00 $ 233.71 (18.71) 90 $ (1,683.90) Project Manager 176.00 180.99 (4.99) 580 (2,894.20) Sr. Engineer 150.00 153.99 (3.99) 896 (3,575.04) Project Engineer 129.00 123.51 5.49 2,191 12,028.59 Designer 106.00 99.43 6.57 288 1,892.16 Environ. Analyst/CAD 89.00 90.99 (1.99) 1,321 (2,628.79) Survey Crew (2 man) 218.00 242.05 (24.05) 20 (481.00) Clerical 58.00 61.87 (3.87) 233 (901.71) Total $ 1,756.11 RBF's Response: RBF prepared the proposal in accordance with the RFP. However, in order to provide some assurance that our standard rates closely approximate our actual rates, the auditors performed the comparison as outlined in the auditors' report to the City. The "Amount Per Review" column is the product of the average actual pay rate of individuals, either identified in the Proposal, or that we anticipate will perform services on this project, plus our 2006 FARs overhead rate of 1.76, and a profit of ten percent (10%). Since our proposal and these rates are based strictly on estimates of who will be working and how many hours will be required, it is not unreasonable to have a variance of $1,756.11 (as calculated by the auditors) on a total proposal of $857,538 (a 0.2% variance), and we believe this should be within an acceptable level of tolerance. 5. Procedure Performed: We reviewed the information used for the prices of subcontractors on the cost/price proposal. All amounts were based on quotes obtained from the subcontractors. Finding: No findings were noted as a result of the procedures performed. 1ii9 5 Lance Soll s Lunghard LLP CEP"F'ED PUSLM ACCOUNTANTS To the Honorable Mayor and Members of City Council City of La Quinta Page 3 Procedure Performed: We performed ratio analysis on RBF's financial statements which included the working capital ratio, the return on sales ratio and the debt to equity ratio. Ratio analysis was performed using the audited financial statements for the years ended December 31, 2007 and 2006. Finding: We determined that RBF is highly leveraged and the debt to equity ratio increased 12% from 2006 to 2007. RBF's Response: Because of the Company's year-end financial and tax -planning needs, the debt to equity ratio is always highest at year-end. This is a result of our increased line of credit, which is used for year-end purposes as previously noted. In both 2006 and 2007 our line of credit balance was reduced to zero by the end of the first quarter. Conclusion We were not engaged to, and did not conduct an audit, the objective of which would be the expression of an opinion on the specified elements, accounts or items. Accordingly, we do not express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to the City. This report is intended solely for the use of the City and the parties mentioned above, and is not intended to be, and should not be, used by anyone other than this specified party. M wo 205 M-WO 190 s ceit�t 4 4 Qumro AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: July 1, 2008 BUSINESS SESSION: ITEM TITLE: Approval of a Contract Services CONSENT CALENDAR: Agreement with the La Quinta Chamber of Commerce for Fiscal Year 2008/2009 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve a Contract Services Agreement ("Contract") with the La Quinta Chamber of Commerce for Fiscal Year 2008/2009, and authorize the City Manager to execute the Contract. FISCAL IMPLICATIONS: The City of La Quinta Fiscal Year 2008/2009 Preliminary Budget, approved by the City Council on June 19, 2008, contains funds for the La Quinta Chamber of Commerce in the amount of $130,000 (Account #101-1003-413.33-02). CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the general fund to encourage, support and promote economic development." The services provided for within the Chamber of Commerce Contract are consistent with this objective. BACKGROUND AND OVERVIEW: The City has been entering into an annual contract services agreement with the La Quinta Chamber of Commerce since Fiscal Year 1991 /1992. In preparation for continued services during Fiscal Year 2008/2009, the Chamber of Commerce submitted a Contract for Services Proposal which includes a contract sum of $130,000 (Attachment 1). Accordingly, staff has prepared a Contract Services Agreement (Attachment 2) between the City of La Quinta and the La Quinta Chamber of Commerce which includes services in the following areas: 191 Business Retention and Promotion . The Gem Community Newspaper The Visitors Center . Annual Audit/Financial Review Approval of the Contract will allow the Chamber to implement various activities and programs within the areas indicated above during Fiscal Year 2008/2009. Per City Council policy, the Chamber is to submit a full audit every three years, and an annual financial review in intervening years. The next full audit will be required for Fiscal Year 2008/2009. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Contract Services Agreement with the La Quinta Chamber of Commerce for Fiscal Year 2008/2009 and authorize the City Manager to execute the contract; or 2. Do not approve a Contract Services Agreement with the La Quinta Chamber of Commerce for Fiscal Year 2008/2009; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas R. Evans, Assistant City Manager — Development Services Approved for submission by: Thomas P. Genovese, City Manager 192 Attachments: 1. 2008/2009 City -Chamber Contract for Services Proposal 2. Proposed Chamber Contract for Fiscal Year 2008/2009 193 Gem of the Desert ATTACHMENT1 78-275 Calle Tampico #B • La Quinta CA 92253 Executive Committee Linda Evans Chairman of the Board John F. Kennedy Memorial Hospital David S. Archer President/CEO Scott Brooks Chair Elect Brooks Printing Impressions Cosmo CappaBino Treasurer Mortis Desert Media Thomas McDermott, Jr. Secretary McDermott & Delaten, LLP Board of Directors Mitch Blomberg iAudioCampus Debbie Frazer Mary Kay Cosmetics Rich Harshbarger The Desert Sun David Howard Cherokee Homes, Inc Kathleen McEntee Katheen McEntee & .Associates, Ltd. Jerry Nanten Patin Desert National Bank Ken Napper ModernW oodmen of America Frank Orlett Buntec Waste & Recycling Services John Pena John Pena & Associates Roger Perris Millennium Mortgage Lew E. Piper KDI Elements CHAMBER OF COMMERCE Phone: (760)564-3199•Fax: (760)564-3111 April 22, 2007 To: Tom Genovese, City Manager, City of La Quinta Cc: Linda Evans, Chair of the Board, La Quinta Chamber of Commerce From: David S. Archer, President/CEO, La Quinta Chamber of Commerce Re: 2008-2009 City -Chamber Contract for Services Proposal Thank you for the opportunity to submit a proposal to continue to partner with the City of La Quinta for the following services: Areas of Service: 1. Business Retention and Promotion 2. The GEM Community Newsletter 3. The Visitor's Center 4. Annual Financial Review Total: $130,000.00 Our request for City funding for the fiscal year 2008-2009 is $130,000.00, with a payment schedule reflected as follows: September 29, 2008 $32,500.00 December 29, 2008 $32,500.00 March 30, 2009 $32,500.00 June 29, 2009 $32,500.00 The Chamber will continue to provide quarterly reports prior to these dates as we have done in previous terms. We appreciate the opportunity to submit this proposal and look forward to continuing to provide these services for the City of La Quinta for the benefit of current and prospective residents and businesses. 194 The Voice of Business contaelur[argchambezcom • www.lgchambercom The areas of service to be provided under the proposed Contract for Services are defined as follows: 1. Business Retention and Promotion The Chamber surveys its membership annually to determine the most effective means of assisting the business community in La Quinta. What we found in our latest survey is that the membership wanted the Chamber to provide both skill enhancement and opportunities from a networking perspective as its number one response. Being a "resource" came in second. The following pertains to how we have and are addressing the members' desires and programs that are in place which include: The Education Committee — Our Education committee developed an 18 month plan including topics of discussion for all of the existing networking opportunities i.e. The Breakfast Network and The Power Lunch. Additionally, in the plan are specific skill enhancement activities such as a template for members 30 second "personal commercial" and a lesson on "social internet marketing" with LinkedIn, Myspace, Youtube and others. We have received great feedback on our surveys following each event. Where's Gamby — Our recently implemented program "Where's Gamby?" allows our members the opportunity to apply and baby-sit Gamby free of charge. In the monthly GEM, Gamby's location is reveled and over 22,000 readers from our community are encouraged to visit Gamby. When they ask to see Gamby they receive a special treat or reward like a free desert or granite coaster. This drives business to and creates awareness for our participating members. Member Pot -Luck — The member pot -luck was developed to bring the members, City staff, and the Chamber together on a bi-monthly basis in a more social atmosphere for the price of a home cooked "specialty." This allows for the deepening of relationships and a chance to get to know one another better further enhancing everyone's business. Out Bound Call Campaign — Chamber Team members have committed to daily making five outbound calls to members to reach out and touch the membership, say "hi" and inquire how the Chamber can assist them. This continues to build our bond without asking for a raffle prize or notifying them of an outstanding fee. La Quinta Chamber and City Radio Promotions — The La Quinta Chamber of commerce has initiated a radio campaign that is aired on Six Radio stations in the valley and promotes upcoming events and highlights the Chamber and ultimately the City. Our promotional spots run 20 times a week on each of the six local stations and are valued at over $150,000. 195 Annual Rod & Custom Car Show — In preparation for the City's 251' Anniversary events, the La Quinta Chamber of Commerce kicked off a Rod & Custom Car Show aimed at bringing business and awareness to the Village area in La Quinta. The Inaugural event was a huge success drawing over 100 participants and several hundred visitors and was the precursor to our now annual event which is poised to be even greater success than previous year. The Mayor's Luncheon — Always well attended at over 110 attendees and very interactive, the highlights include the City update from the Mayor, networking with the Chamber Board of Directors, upcoming Chamber events, and an educational speaker. www.Igehamber.com - Our website draws about 260,000 visits each year. We offer links to the City, members who participate, and other points of interest in La Quinta. RFP's have been requested to continue to enhance the Chamber's website Leadership Coachella Valley — For our latest fiscal year and for the next two the Chamber will be responsible for the administration of Leadership Coachella Valley. The program is designed to identify, motivate and develop future community leaders and encourages involvement by providing knowledge and perspective on valley wide needs and concerns. This allows the Chamber to reach out to a different cross section of constituents further enhancing our ability to attract, retain, and act as a resource for our members. BizNet 2007 - The Valley's largest Symposium and Business Expo highlighting businesses in the East Valley Chambers: La Quinta, Indio, and Coachella. This year the Symposium will discuss "The Pulse of the Valley" from a business perspective. City Map and Business Directory - Two well -produced, distinct publications with extensive information for residents, the business community and visitors are produced periodically. 2. The GEM Newspaper The GEM is only Chamber/City newspaper in the Valley distributed to each resident and Chamber member every month approximately 22,000. Survey results indicate high readership and informative content. While postage costs continue to rise, the GEM portion of the contract remains the constant as the Chamber believes it can absorb the additional postage with increased ad sales and continued membership growth. Additionally, the Chamber has initiated a Publications Committee to oversee, enhance, and review the GEM's content and format. New feature articles and content are being considered to broaden the GEM's appeal. Articles like "How to Play Hole #1 at SilverRock" and each subsequent hole give readers something to look forward to for the next eighteen months. Our intent is to keep the GEM fresh with new ideas for the Committee. As a benefit to new members they are featured in the GEM announcing their membership to all the readers. 1 s 3. The Visitor's Center The Visitor Center, located within the Chamber office, continues to draw people down Washington Street from Highway 111. A couple new programs to have people come visit with us at the Chamber are Coffee is now being served and home baked cookies on Friday. We strive to make the center as user-friendly as possible with brochure racks and business card racks. We continue to receive well over 5,000 phone calls and approximately 800 visitors per year. 4. Annual Financial Review The Chamber understands the importance of its fiscal responsibility and is working constantly to ensure our books are in order. Having recently completed the required audit, we have revised a few of our accounting procedures to ensure the Chamber receives fees in a timely manner and payables are filed accordingly. There were a few recommendations from our auditor, Oscar G. Armijo, CPA, that were implemented with no material findings. On behalf of the La Quinta Chamber of Commerce Board of Directors, we thank you for the opportunity to quote the City of La Quinta on a Contract for Services in the amount of $130,000.00 for the 2008-2009 year. We look forward to the continuing to collaborate on making La Quinta the greatest City and nurturing relationship between the Chamber and the City and sincerely appreciate your support. Respectfully, David S. Archer, President/CEO La Quinta Chamber of Commerce 197 ATTACHMENT 2 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and LA QUINTA CHAMBER OF COMMERCE ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to the promotion, encouragement, representation and retention of business and business activities in the City of La Quinta, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner 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 La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). '98 1.5 Care of Work and Standard of Work. a. 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 equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding 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 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed One Hundred Thirty Thousand Dollars ($130,000.00) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based 199 upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal 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 thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 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 Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of 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 of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. c00 3.4 Term. The term of this agreement shall commence on July 1, 2008 and terminate on June 30, 2009 (initial term). Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Scott Brooks, Chairman of the Board b. Tom McDermott, Chair -Elect C. Debbie Frazer, 1 t Vice Chair d. Kathleen McEntee, Secretary e. Jerry Nantell, Treasurer f. David Archer, President/Chief Executive Officer a. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of 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 assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be the City Manager or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed 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 herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, 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 wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of 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 shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $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 claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person 202 directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. 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. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of "A" or better and a minimum financial size VII. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. a. General Indemnification Provision. 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest 203 extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend 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, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 204 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain 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 City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant 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 required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 205 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the 200 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 review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications 207 applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations 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 intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision 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 Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. At a minimum, three progress reports, including an accounting of expenditures, shall be provided on or about October 2008, January 2009, and April 2009. 208 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right 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 Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. 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 liability resulting from said change. The provisions of this clause shall survive the completion of this 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 shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such 209 county, and Consultant covenants and agrees to 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 shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to 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 believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 2110 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for 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, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 21l 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: LA QUINTA CHAMBER OF COMMERCE 78-275 Calle Tampico, #B La Quinta, CA 92253 Attn: David Archer, President/CEO 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of 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, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on 212 behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS 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 213 CONSULTANT: By: Name: Title: Date: 2 A Exhibit A Scope of Services SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE FOR FISCAL YEAR 2008-2009 The La Quinta Chamber of Commerce shall provide the following services: A. Business Retention and Promotion B. The GEM Community Newspaper C. The Visitor's Center D. Annual Financial Review The La Quinta Chamber of Commerce shall provide a full audit every three years and an annual financial review report in non -audit years. A financial review will be required for fiscal years 2006-2007 and 2007-2008. A full audit will be required for fiscal year 2008-2009. 21.5 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 One Hundred Thirty Thousand dollars ($130,000.00) except as specified in Section 1.6 - Additional Services of the Agreement. Payment Schedule is as follows: September 29, 2008 $32,500.00 December 29, 2008 $32,500.00 March 30, 2009 $32,500.00 June 29, 2009 $32,500.00 Rio Exhibit C Schedule of Performance Consultants Project Schedule is attached and made a part of this agreement. Consultant shall complete services presented within the scope of work contained within Exhibit "A" in accordance with the attached project schedule. The La Quinta Chamber of Commerce shall provide the City with three written reports on its activities as required by this Agreement and on the Chamber's relocation efforts. These reports will be submitted in accordance with the following schedule: 1 . First report — October 2008 2. Second report — January 2009 3. Third report — April 2009 217 Exhibit D Special Requirements None. 1i$ COUNCIL/RDA MEETING DATE: July 1, 2008 ITEM TITLE: Consideration of Contract Services Agreement with Kiner Communications for Professional Marketing Services for Fiscal Year 2008/2009 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Contract Services Agreement with Kiner Communications for professional marketing services for Fiscal Year 2008/2009 in the amount of $322,300, which includes a Cooperative Marketing Program with La Quinta Hotels for an additional not - to -exceed amount of $117,000 (implementation and funding contingent upon City Council approval); and authorize the City Manager to execute the Contract. FISCAL IMPLICATIONS: The proposed Contract Services Agreement ("Contract") amount is $322,300. However, the Contract also includes the option of continuing to fund a Cooperative Marketing Program with La Quinta Hotels for an additional not -to -exceed amount of $117,000. This program would be presented to the City Council for approval in November or December 2008. If approved, the total Contract amount would be $439,300. The Contract amount (including the hotel program contingency) is supported by the Marketing Services account within the Development Services budget, as approved in the City of La Quinta Fiscal Year 2008/2009 Preliminary Budget. By way of background, Kiner Communications' contract amount for Fiscal Year 2007/2008 was $287,000, and included an additional contingency of $190,000 for a Cooperative Marketing Program with La Quinta Hotels (of which $117,000 was expended). 219 CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the general fund to encourage, support and promote economic development." The services provided for within the Kiner Communications Contract are intended to fulfill this objective. BACKGROUND AND OVERVIEW: On January 15, 2008, the City Council authorized staff to negotiate an extension to the City of La Quinta's contract with Kiner Communications for professional marketing services to be rendered in Fiscal Year 2008/2009. At the May 20, 2008 City Council meeting, Council adopted the City of La Quinta Marketing Plan for Fiscal Year 2008/2009 (Attachment 1), which is the guiding document used to implement the City's overall marketing program. Kiner Communications would be responsible for assisting the City with the implementation of certain tasks and programs within the adopted City of La Quinta Marketing Plan. Other marketing activities in the Plan will be handled directly by Development Services and Community Services staff or via the City's contract with Landmark Golf Management, the golf course operator for the Arnold Palmer Classic Course at SilverRock. Staff has renegotiated a Contract Services Agreement with Kiner Communications for Fiscal Year 2008/2009 (Attachment 2). A summary of the Scope of Work items and their associated costs are outlined below: . Cooperative Advertising with Village Businesses $30,000 . Travel/Tourism Website $ 8,000 . Palm Springs Life Advertorial $ 8,000 Community Calendar/ Things To Do in La Quinta Brochure $ 7,000 . Airport Baggage Claim Ad $13,800 . Bob Hope Chrysler Classic Pairings Sheet Ad $ 5,000 . Local & Regional Television (broadcast) $55,000 . Shop/Dine/Come to La Quinta Spring Ads (local) $22,500 La Quinta City Report (quarterly newsletter) $48,000 220 . 2009 City Calendar $55,000 . Monthly Retainer $60,000 Coordination of Cooperative Marketing Program with La Quinta Hotels $10,000 Contract sum: $322,300 Cooperative Marketing Program with La Quinta Hotels (contingent upon City Council approval) $117,000 Contract sum with contingency: $439,300 Staff recommends that the Cooperative Marketing Program with La Quinta Hotels remain a contingency item. The program would be presented to Council for consideration in November or early December 2008 (similar to last year's process). Staff and Kiner Communications would meet with La Quinta hotels to discuss continuation of the Journey TV (travel on demand) program with Time Warner Cable or define a new program. Funds would be set aside in the amount of $10,000 to allow Kiner to work with hotels and staff on preparing the program for Council consideration; the not -to -exceed implementation cost of $1 17,000 would only be incurred if Council were to approve the program for Fiscal Year 2008/2009. Results from the Fiscal Year 2007/2008 program would be made available for Council review. As indicated on May 20, 2008, staff is recommending that the SunLine Transit Agency bus wrap ad not be funded this upcoming Fiscal Year due to budget considerations. The Contract, once executed, will allow Kiner Communications to implement various marketing and advertising activities within the adopted City of La Quinta Marketing Plan and as outlined in the Contract's Scope of Work. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Contract Services Agreement with Kiner Communications for professional marketing services for Fiscal Year 2008/2009 in the amount of $322,300, which includes a Cooperative Marketing Program with La Quinta Hotels for an additional not -to -exceed amount of $1 17,000 (implementation and funding contingent upon City Council approval); and authorize the City Manager to execute the Contract; or 2. Do not approve a Contract Services Agreement with Kiner Communications for professional marketing services for Fiscal Year 2008/2009; or 3. Provide staff with alternative direction. Respectfully submitted, W Ass stant City Manager — Development Services Approved for submission by: 4�1�`G�� Thomas P. Genovese, City Manager Attachments: 1. City of La Quinta Marketing Plan for Fiscal Year 2008/2009 2. Contract Services Agreement with Kiner Communications for Fiscal Year 2008/2009 :-. -,11 ONES@%, City of La Quinta Marketing Plan Fiscal Year 2008-2009 Every year, the City of La Quinta implements a comprehensive marketing plan with the goal of promoting La Quinta as a great place to: Stay + Play + Shop + Dine + Live The City of La Quinta Marketing Plan for Fiscal Year 2008-2009 contains specific objectives and iden- tifies the numerous marketing efforts the City plans to undertake during the fiscal year. The Plan sets out to accomplish the following: Increase awareness of La Quinta as a tourism destination; promote business development and support La Quinta businesses; build brand recognition for SilverRock Resort, the City's resort destination, as well as promote golf play and dining at the Arnold Palmer Classic Course at SilverRock; communicate with residents and keep them informed of important City news and programs; and promote community services activities and special events, which enhance the quality of life in La Quinta. TOURISM/HOSPITALITY OBJECTIVES: Attract more visitors to stay in La Quinta hotels as well as shop and dine in La Quinta. Increase tenant occupancy tax and sales tax revenue for the General Fund and, ultimately, for enhanced municipal services. ✓ Local & Regional Television — A local broadcast schedule is proposed for 2008-2009 in order to capture visitors already in the Coachella Valley. The television spots will air during high "tourist" periods via local commercials on national networks like the Golf Channel, A&E and CNN. A local channel schedule will also be considered (e.g., KMIR, KESQ, CBS2). The City will consider running the City's journey TV 30-second spot which is "tagged" and refers viewers to journey TV for more information on La Quinta. In addition, La Quinta's 30-second spots will air in Southern California's drive in markets (e.g., Los Angeles, Orange County, San Diego). A Canadian market such as Vancouver or Calgary will be explored. ✓ Cooperative Program with La Quinta Hotels —Participate in journey TV (Time Warner Cable's travel on demand channel) with La Quinta hotels. Look into expanding the cooperative program to include print advertising. Explore publications such as LA Confidential and regional distribution of national publications such as Business Week, Fortune, Forbes, Travel + Leisure, and Food & Wine. ✓ Bob Hope Chrysler Classic Advertising — Explore an ad in the "Pairings Sheet" in 2008-2009 rather than the souvenir program guide. 22t� ✓ Travel/Tourism Website — Create a "P1ayLaQuinta.com" website geared toward tourists and visitors. Television and print advertising will have a better "call to action" given visitors will know where to stay, where to dine, where to shop, and all there is to do in La Quinta. The City shall explore purchasing targeted lists and send e-blasts to drive traffic to the website. The City shall also explore increasing the pay -per -click advertising budget to drive visitor traffic to the site. ✓ Community Calendar/"Things To Do in La Quinta" Brochure — Working with the La Quinta Marketing Committee, produce a fun and creative brochure that lists key La Quinta community events and amenities offered throughout the year. Make the brochure available at La Quinta hotels, the Visitor's Center, and SilverRock Resort in an effort to keep visitors in La Quinta by informing them of all the exciting events and recreational opportunities La Quinta has to offer. ✓ Airport Baggage Claim Ad — This will be an over -sized, back lit display ad located on a wall near the baggage claim area at the Palm Springs International Airport. When people arrive at the airport, signage and ads located throughout the airport provide them with information on what there is to do in the Coachella Valley. The airport will be a good place to showcase La Quinta — invite visitors to nearby La Quinta — via beautiful photography and promoting shopping, dining, and a variety of things to do. ✓ Bus Wrap Ad — Explore a SunLine Transit Agency bus wrap advertisement. It would be powerful to wrap a bus on a route in another part of the Valley with a beautiful, dramatic SilverRock shot on one side, Village shopping on the other, and a message such as: "Follow me to La Quinta — the Gem of the Desert." A route can be selected, and the Highway I I I route that runs throughout the Valley is the route that is recommended. ✓ CVA Cooperative Advertising — Continue to leverage marketing dollars via cooperative marketing opportunities the Palm Springs Desert Resort Communities Convention and Visitors Authority extends to member cities in the Valley (i.e., State Visitors Guide; special destination features in National Geographic Traveler, Travel + Leisure, and Food & Wine; and the airline service campaign). PUBLIC COMMUNICATIONS OBJECTIVES: Communicate with residents and inform them of important City news and events. Reach out to local and regional media and secure positive coverage for La Quinta. ✓ La Quinta City Report — Issue quarterly newsletters to La Quinta residents with information on City projects, programs, and events. ✓ City Calendar —Produce 2009 City Calendar which serves as a gift for residents, a communications instrument, and a marketing collateral piece. 225 ✓ Palm Springs Life Advertorial — Participate in the annual "Coachella Valley Cities" progress issue (October 2008), which highlights La Quinta projects, programs, and demographics via editorial content and photography. ✓ Public Relations — Issue press releases on new projects/programs, special events, and important news; and work with the media on positive coverage for La Quinta. Promote the City's commitment to "going green." Inform residents of energy and water conservation programs offered by the City's green partners such as the Coachella Valley Water District, Imperial Irrigation District, and Burrtec and encourage their participation. ✓ City of La Quinta Website — Promote news, events, and programs via the City of La Quinta website (wwwla-quinta.org). Post information and material produced via the City of La Quinta Marketing Plan on the City's website for maximum exposure (e.g., City Calendar, City Report newsletter, press releases). BUSINESS DEVELOPMENT OBJECTIVES: Support existing La Quinta businesses through a variety of economic development and marketing efforts and attract more Valley residents to shop, dine, and play in La Quinta. ✓ Chamber of Commerce — Continue to work with the La Quinta Chamber of Commerce on business retention efforts and business support services. Continue to produce the City Scene pages of The Gem, which is the Chamber's monthly news publication that is mailed to La Quinta residents and Chamber members. ✓ Trade Conferences — Maintain a presence at the International Council of Shopping Centers (ICSC) Western Division Conference & Deal Making (in San Diego) with a booth to communicate business opportunities in La Quinta. Continue participation in BizNet, which is a trade show and symposium hosted locally by the La Quinta, Indio, and Coachella Chambers of Commerce. ✓ Shop/Dine & "Come to La Quinta" Spring Advertising Campaign — Produce ads for The Desert Sun, La Quinta Sun, and Desert Entertainer promoting spring events in La Quinta — using an over- all shopping and dining theme. �L6 ✓ Cooperative Advertising with Village Businesses — Develop a cooperative advertising campaign centered on major events in the Valley, i.e., Pacific Life Open, the Skins Game, and the HITS event series at the Empire Polo Grounds. These major events occur near La Quinta and attract visitors who may not be familiar with the desert, and are not likely to find the La Quinta Village — which is just minutes away! Reach out to Village shops and restaurants on a cooperative advertising campaign to reach these visitors at strategic times of the year. The City shall develop a program whereby Village businesses pay to participate— not with their own ad, but their logo and a sentence about what makes them unique, along with their phone number and website. Advertising efforts will include event program guides, on -site signage/advertising, and print ads in event supplements produced by The Desert Sun and Desert Entertainer. ✓ Shopping Map & Business Directory —'Create a shopping map to distribute at key locations such as La Quinta hotels, the Visitor's Center, and SilverRock Resort as well as explore an electronic version for the City's website. Create a customer -friendly business directory for the Cit s website that will provide users a quick and easy way to learn about where they can shop and dine in La Quinta. ✓ Market Study —Commission a market study with a focus on "future trends" in order to gain insight on the next generation of consumers and attract suitable businesses to La Quinta. ✓ Cooperative Marketing Programs — Explore cooperative programs with regional organizations such as the Coachella Valley Economic Partnership and Riverside County (trade shows and advertising opportunities). ✓ Village Area Promotion — Continue efforts to attract residents and visitors to the La Quinta Village area via events, banners, and signage. SILVERROCK RESORT OBJECTIVES: Increase golf play at the Arnold Palmer Classic Course. Promote it as a premier golf course in the Coachella Valley and increase golf and golf -related revenues. Promote SilverRock Resort as a high -end resort destination and initiate efforts to create a master brand for all St]verRock components. Golf Operations ✓ Advertising & Promotions — Advertising and promotions are targeted to La Quinta residents and tourist/resort golfers through advertising and media coverage in local, regional and Southern California golf and travel publications. Newspaper — Ads shall be placed in The Desert Sun with primary emphasis on the sports enthusiasts with weekly "ear ads" appearing on the front page of the Sports Section; ear ads are visible to all readers of the paper. Special promotions are designed, as needed by season, and placed in the various print advertisements. 227 Magazines and Directories — Consists of local and regional magazines, yellow pages and golf -related directories. These ads vary from full page to quarter page ads and are full color. Television & Radio — SilverRock's 30-second golf commercial will be updated and will air on all three local network affiliates (CBS2, KESQ3-ABC, KMIR6-NBC) and Time Warner Cable stations. Local radio will involve 30-second spots for specific promotions. • Billboard Advertising — Reinforces other ad programs and catches the attention of those who may not see other types of ads. The program involves a rotating billboard; every two months the location changes within the Valley. The billboard ad is 10.6 feet tall and 36 feet wide. The billboard graphic design will be updated so that the SilverRock information (tee times, website, phone number, etc.) is easier to read. ✓ Collateral Material — Rack cards, scorecards, and information packets on SilverRock Resort are used as marketing tools. An emphasis will be placed on SilverRock's participation in the Bob Hope Chrysler Classic. Printed material will be produced, as needed, to promote SilverRock Resort as a "Home Course of the Bob Hope Chrysler Classic." ✓ Civic/Community Networking & Tradeshows — SilverRock Resort is positioned as a community - friendly golf facility and is committed to developing strong relationships with community organizations such as the La Quinta Chamber of Commerce and various local service organizations. At various venues locally and around Southern California, trade shows and expos are held that provide an opportunity to promote SilverRock Resort. These trade shows and expos are focused on tourism, golf and golf equipment/apparel, recreation, weddings and other related businesses. ./ Internet Websites & E-mail Marketing — A benefit of memberships in selected local chambers of commerce and the Convention and Visitors Authority provides access to cross -marketing opportunities through website links to SilverRock Resort. E-mail database marketing is targeted to consumer e-mail addresses collected daily through comment cards, tee -time bookings, selected websites and the La Quinta Resident Card renewal process. This e-mail database is used to send e-mail blasts promoting SilverRock Resort and/or to offer specials during slower days of the seasons in an effort to maximize tee sheet utilization. ✓ Junior Golf — SilverRock will continue to support local Junior Golf by offering various Summer Junior Camps, Junior Rates and being a host course for the La Quinta High School Boys Golf Team. ✓ Tournaments & Group Outings — A continued concentrated effort to attract corporate and group outings will be positioned through various networking opportunities. Tournament business represents a large amount of outside play and is vital to SilverRock's success. 1 8 Resort Master Brand ✓ Main Website — Currently, two SilverRock websites exist: www.SilverRock.org (golf) and www.mySilverRock.com (Lowe; La Solana). A common, effective approach employed by multi -faceted resorts like SilverRock Resort is the development of a single website or "portal' that provides easy access to information about the resort and each component. Thus, www.mySilverRock.com is proposed to serve as the web portal for SilverRock Resort. The existing golf website will be a prominent component (link) during the first year, and will undergo rebuilding and full integration in Fiscal Year 2009-2010. ✓ Perimeter Site Signage — The new SilverRock signs and new La Solana signs on the perimeter of the site are consistent in look and feet. The SilverRock signs will be updated to display the www.mySilverRock.com website. ✓ Interior Site Signage — The existing locator signs that identify the future resort components will be replaced with new signs that display the www.mySilverRock.com website. These signs will convey new information about the coming resort components (e.g., Jacobsen/Hardy golf course, clubhouse rendering). ✓ Ranch House Displays — With 40,000+ rounds per year, the Ranch House provides an ideal venue for promoting the resort. Lowe Destination Development is creating an entry display/information board between the golf shop and restaurant. Other opportunities include restaurant and pro shop displays. J Promotional Materials & Ads — Ads and collateral material will be updated to reflect the main website address (www.mySilverRock.com). Landmark and Lowe will begin this transition in Fiscal Year 2008-2009. ✓ Public Relations — An updated brand identity campaign creates excellent public relations (PR) opportunities. A PR campaign will be executed via existing resources. COMMUNITY SERVICES Special Events/Recreation Programming/Senior Center OBJECTIVE: Increase public awareness and participation in City -sponsored special events and recreation programs. ✓ Special Events — Continue to organize special acknowledgement events such as Pillars of the Community, Distinguished Artists of La Quinta, and ceremonies honoring La Quinta veterans and sports figures. Continue to organize events for residents to enjoy and events that draw people to the La Quinta Village such as the City Picnic and Open Air Cinema (movies in the park). Develop youth events in the north section of La Quinta and continue events such as the Easter Egg Hunt, National Night Out, and the La Quinta Youth Festival. ✓ Activities Brochure — A complete listing of all recreation programs, facilities and special events are listed in the activities brochure mailed to all households in La Quinta three times annually. ✓ City Website & Monthly E-mail Blasts — Place all City special events and recreation programs on the website and create opportunities for participants to register for these activities on-line. Provide monthly updates to the households that register for programs and activities on the website. ✓ Cooperative Promotion with La Quinta Arts Foundation & Other Local Non -profits — Work closely with the La Quinta Arts Foundation on promoting the City of La Quinta; coordinate La Quinta's exposure via the City's financial commitment to the Arts Foundation and its activities. Work with groups including the Friends of the Senior Center, Friends of the Library, La Quinta Historical Society, Friends of the Desert Mountains, Boys & Girls Club, and other non -profits to promote programs and events through the distribution of information. ✓ Postcards — Postcards are developed and distributed to La Quinta households three times annually promoting special events and excursions. ✓ Cove Website & Daily E-mail Messages — Information is provided to the Cove website on City events and programs. The Cove website also provides a daily e-mail that has timely promotion of events and web -casts of the happenings or items of interest to Cove residents. ✓ Gem & City Report — Submit information that highlights special events, excursions and new programs for inclusion in the Gem (City pages) and the City Report (quarterly newsletter) to promote to all households in the City. ✓ Flyers — Flyers are distributed at City facilities including Library, Senior Center and Museum as well as the Boys & Girls Club, La Quinta Community Center, YMCA and local businesses. ✓ Press Releases to Local Newspapers & Event Calendars — Promote special events and programs to daily newspapers and place them in the event calendars. 130 FACILITY RENTALS OBJECTIVE: Promote awareness of the Cityfacilities available for rent and increase community use for meetings and events. ✓ Facility Rental Software — This software has been installed so that potential facility renters can view availability of La Quinta facilities and available amenities. This information, in addition to the information available on the website, provides facility renters an opportunity to learn more about the rentals prior to their visit to City Hall. ✓ Activities Guide — Information is placed in the activities guide indicating available rental locations. ✓ Facility Brochure — Create and distribute a facility rental brochure that advertises City parks and facilities available for rent. LIBRARY SERVICES OBJECTIVE: Provide information to residents about the La Quinta Public Library as well as its expanded new services and facilities. ✓ City Website & Riverside County Library Services Website — Information regarding the Library including hours of operation and programs are located on the City website. In addition, the City is linked to the Riverside County Library System so that residents can request books and educational materials that may not be available at the La Quinta Library. ✓ Design New Bookmarks — New books marks with hours of operations and pertinent information will be distributed to the community. ✓ Promote Book Sales — Friends of the Library provide an annual book sale and manage the book purchase program in the Library. ✓ Day of the Child/Dia de tos Nitios — This special event focuses on the importance of family reading and its long term benefits. ✓ Class Visits from Schools — Encourage teachers to schedule a class visit for their students at the La Quinta Library. ✓ Use of the Library Data Bases — Provide instruction to teachers on the uses of the Library databases for the use of reference materials and other research uses. 231 LA QUINTA MUSEUM OBJECTIVE: Provide information and promotional materials to residents regarding the operating hours, exhibits, and programs offered at the La Quinta Museum. ✓ Feature Articles about the La Quinta Museum — Articles about the new facility and its programs will be featured in La Quinta Sun, The Desert Sun, and L2 Magazine. ✓ Program Cards — Develop and distribute program cards identifying programs for next season. ✓ Cooperative Programming with La Quinta Historical Society & La Quinta Arts Foundation — Programs and events will be co -sponsored with these non -profits to provide education on history and culture. ✓ Feature Articles & Web Casts on the Historic Mural — The local artist, Andre Blanchet, is working on the installation of the historical mural that is in the La Quinta Museum. This mural is a focal point of the history of the City. 232 ATTACHMENT PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and KINER COMMUNICATIONS ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to marketing, advertising, promotion, communications, and public relations as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant acknowledges that the Scope of Services includes certain, but not all, services set forth in the adopted City of La Quinta Marketing Plan for Fiscal Year 2008/2009 prepared by Consultant. Consultant warrants that all services will be performed in a competent, professional and satisfactory manner 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 La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until 233 written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work and Standard of Work. a. 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 equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding 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 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Three Hundred Twenty Two Thousand and Three Hundred Dollars ($322,300) (the "Contract Sum"), except as provided in Section 1.6. Furthermore, the City Manager can authorize, after 234 consideration and approval by the City Council, the "Cooperative Marketing Program with La Quinta Hotels" described in the Scope of Services and listed under Schedule of Compensation for an additional not -to -exceed sum of One Hundred Seventeen Thousand Dollars ($117,000). The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal 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 thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. In accordance with industry standards, Consultant proposes to invoice City for media purchases such as television, radio, and print upon Contractor's insertion order, i.e., at the time the insertion order is placed. This will allow City time to process payment and send to Consultant upon fulfillment of media commitment. 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 Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be 235 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 of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. The term of this Agreement shall commence on July 1, 2008 and terminate on June 30, 2009. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Scott Kiner, Principal b. Andrea Carter, Vice President/Account Manager It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of 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 assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be the Assistant City Manager of Development Services or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to 236 the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, 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 wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of 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 shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: 237 Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $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 claims 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, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. 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. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of "A" or better and a minimum financial size VII. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of 238 Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. a. General Indemnification Provision. 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend 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, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 4. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. 1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 5.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape 240 architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain 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 City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant 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 required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 241 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements 24'_ with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from 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 five (5) days of the expiration of coverages. 243 17. The provisions of any workers' compensation or similar act will not limit the obligations 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 intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision 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 Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consu►tant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. Quarterly Reports shall be submitted by Contractor and shall be prepared in a manner that is appropriate for City Council review. Quarterly Reports shall be due on or about the following dates: September 15, 2008; December 15, 2008; March 15, 2009; and June 15, 2009. 244 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right 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 Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. 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 liability resulting from said change. The provisions of this clause shall survive the completion of this 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 shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 245 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to 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 believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following 246 Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for 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, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or. general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, 247 that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Doug Evans, Assistant City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: KINER COMMUNICATIONS Attention: Scott Kiner, Principal 73-101 Highway 1 1 1, Suite 4 Palm Desert, CA 92260 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of 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, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. 248 IN WITNESS 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: 249 Exhibit A Scope of Services Kiner Communications is pleased to offer its services as a marketing partner/ consultant for the 2008/2009 Fiscal Year. As part of this Professional Services Agreement, Kiner Communications is committed to providing the very best in marketing services to the City of La Quinta — which includes public relations services, fresh and creative artwork, and new strategies for communicating effectively with the City of La Quinta's target markets. Kiner Communications is committed to identifying public relations stories that will offer the City the best opportunities for positive media coverage. Kiner Communications will generate press releases on important City news, events, and programs. Kiner Communications will also distribute periodic announcements and updates prepared by City staff to its comprehensive and continually -updated media list. Kiner Communications will provide quarterly reports to the City Council, sharing marketing strategies executed and an update on all marketing activity, in general. As the City's marketing Consultant, Kiner Communications shall receive a Monthly Retainer Fee to implement the City of La Quinta's marketing and public relations program. The Monthly Retainer Fee covers forty (40) account service hours per month to include: *Full responsibility for all aspects of project management and implementation of those tasks and marketing items listed in the adopted City Marketing Plan that are the responsibility of Kiner Communications, including, but not limited to: • Generating monthly press coverage through distribution of press releases or periodic announcements prepared by City staff and pitching story ideas to key media via phone and e-mail • Promoting events, activities, and facilities • Coordinating creation and implementation of advertisement for the Palm Springs Airport • Researching Southern California television markets and arrange broadcast schedule for :30 second "Stay & Play" television spot • Researching and placing local television program • Coordinating writing and photography of 2008 Palm Springs Life Advertorial • Producing four quarterly City Report newsletters • Producing a travel/tourism website 250 • Coordinating 2009 calendar production — including photography, design, printing, and mailing • Creating any ads necessary for CVA cooperative marketing programs the City chooses to participate in • Implementing local advertising for spring events which simultaneously promotes shopping, dining and playing in La Quinta • Coordinating cooperative marketing program with Village businesses • Coordinating and producing "Community Calendar/Things to Do" brochure • Producing Bob Hope Chrysler Classic ad Cooperative Marketing Program (Contingency Program): • Executing a cooperative marketing program with La Quinta hospitality partners (not to be implemented until Fiscal Year 2007/2008 program is evaluated; Fiscal Year 2008/2009 program and funding to be considered and approved by Council) Project management and implementation responsibilities include, but are not limited to: *Basic account services *Client meetings (in person, by phone, fax or e-mail), including at least one in person meeting with Contract Officer every month, and weekly updates via telephone or e-mail on the alternate weeks *Strategic planning *Budgeting *Investigating and implementing public relations opportunities *Media relations *Media placement *Research *Production management *Preparing local press releases *Tracking of account services hours . 251 *Completion of quarterly reports to include all work items completed during the quarter *Assume responsibility for project accuracy upon approval of direction and specifications from Contract Officer *Practice and assume responsibility for quality control throughout the Term of the Agreement, including but not limited to checking for defects, errors in design, page composition, format, misspelled words, print and color specifications prior to delivery to City *Coordination with the media, hotels restaurants, retailers, builders, financial institutions, developers, regional airports and the La Quinta Chamber of Commerce in regards to marketing services . .. 252 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. Compensation for work under this Agreement shall not exceed Three Hundred Twenty Two Thousand and Three Hundred Dollars ($322,300) except as specified in Section 1.6 - Additional Services of the Agreement. In addition, the City Manager can authorize, upon approval by the City Council, the "Cooperative Marketing Program with La Quinta Hotels" described in the Scope of Services for an additional not -to -exceed sum of One Hundred Seventeen Thousand Dollars ($117,000). Work Task(s): Not -to -exceed Amount: Cooperative Advertising with Village Businesses $30,000 Travel/Tourism Website $8,000 Palm Springs Life Advertorial $8,000 Community Calendar/Things To Do in La Quinta Brochure $7,000 Airport Baggage Claim Ad $13,800 Bob Hope Chrysler Classic Pairings Sheet Ad $5,000 Local & Regional Television (broadcast) $55,000 Shop/Dine/Come to La Quinta Spring Ads (local) $22,500 La Quinta City Report (quarterly newsletter) $48,000 2009 City Calendar $55,000 Monthly Retainer $60,000 Coordination of Cooperative Marketing Program with La Quinta Hotels $10,000 CONTINGENCY MARKETING PROGRAM Not -to -exceed Amount: Cooperative Marketing Program with La Quinta Hotels $117,000 (contingent upon City Council approval) 253 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. Work Task(s): Completed by: Cooperative Advertising with Village Businesses June 2009 Travel/Tourism Website December 2008 Palm Springs Life Advertorial August 2008 Community Calendar/ Things To Do in La Quinta Brochure September 2008 Airport Baggage Claim Ad February 2009 Bob Hope Chrysler Classic Pairings Sheet Ad December 2008 Local & Regional Television Spots January —April 2009 Shop/Dine/Come to La Quinta Spring Ads (local) April 2009 La Quinta City Report (quarterly newsletter) September 2008 January 2009 April 2009 June 2009 2009 City Calendar November 2008 Coordination/Definition of La Quinta Hotel Program December 2008 Cooperative Marketing Program with La Quinta Hotels (implementation) June 2009 254 Exhibit D Special Requirements None. 255 T4t!t 4 XP Qu&& COUNCIL/RDA MEETING DATE: July 1, 2008 ITEM TITLE: Consideration of a Resolution to Designate a Redevelopment Survey Area for a Proposed Fifth Amendment to the Redevelopment plan for the La Quinta Redevelopment Project Area No. 2 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: C - CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council designating a redevelopment survey area for the purpose of pursuing a Fifth Amendment to the Redevelopment Plan for the La Quinta Redevelopment Project Area No. 2. FISCAL IMPLICATIONS: The Fifth Amendment will cost $40,000 to complete. This funding is included in the 2008-2009 Redevelopment Agency budget. BACKGROUND AND OVERVIEW: The La Quinta Redevelopment Agency has purchased, or is in the process of purchasing two properties located east of Washington Street and south of Hidden River Road (as shown in Exhibit A of the Resolution that accompanies this report). These properties were annexed into the City in December 2007. One of the properties is developed with a 73 unit apartment complex that is occupied by very low- and low-income senior and disabled households. The second property is vacant. The Agency intends to rehabilitate the 73 unit apartment complex and develop affordable dwellings on the 5.8 acre vacant parcel. These units will remain affordable to very low- and low-income households for 55 years, and will contribute to the Agency's affordable housing mandate. The La Quinta Redevelopment Agency has a State mandate to secure 1,994 affordable dwellings. These dwellings must feature covenants to insure that they remain affordable to very low-, low- or moderate -income households for 45 to 55 years. To date, the Agency has secured, or is in the process of securing 1,589 units. These properties are contributing to this effort. 256 In order to receive one -for -one credit for these affordable units, the Agency has elected to amend the La Quinta Redevelopment Project Area No. 2 ("Project Area") boundaries to include these properties. Per the California Community Redevelopment Law ("CRL"), the Agency must produce two affordable units for every one unit it receives credit for, if the properties are located outside of the Agency's redevelopment project area; the Agency receives a one -for one -credit if the dwellings are located in a project area. The Project Area was established in 1989 and has been amended four times. Section 33320.2 of CRL states that an unblighted, non-contiguous area may be included in a project area if it is being used predominantly for the construction and rehabilitation of low- or moderate -income housing, as long as that area is not included for the purpose of obtaining tax increment and the redevelopment agency will not use the power of eminent domain in that area. This area will meet these provisions. In order to meet the procedural requirements of the CRL, the City Council must first establish a redevelopment survey area from which the Planning Commission may select redevelopment project area boundaries. The resolution adopts a survey area; if the survey area is adopted by the Council, the Agency may then initiate the redevelopment plan amendment process. The plan amendment process will take approximately eight months, during which the Planning Commission, Redevelopment Agency, and City Council will be involved. The redevelopment plan amendment only entails adding these properties to Project Area No. 2; no other modifications are being proposed. Pursuant to the CRL, the City Council will be requested to: (1) designate the survey area; (2) consider a Report to City Council from the Agency and consent to a joint public hearing on the Fifth Amendment; (3) conduct a joint public hearing with the Agency on the Fifth Amendment; (4) consider written responses to written objections (if any); (5) consider a mitigated negative declaration for the Fifth Amendment, and an ordinance adopting the Fifth Amendment. The alternatives available to the City Council are as follows: 1. Adopt a Resolution of the City Council to designate a redevelopment survey area for the purpose of pursuing a Fifth Amendment to the Redevelopment Plan for the La Quinta Redevelopment Project Area No. 2; or 2. Do not Adopt a Resolution of the City Council to designate a redevelopment survey area for the purpose of pursuing a Fifth Amendment to the Redevelopment Plan for the La Quinta Redevelopment Project Area No. 2; or 257 3. Provide staff with alternative direction. Respectfully submitted, Douglas R. EvAKs, Assistant City Manager — Development Services Approved for submission by: W1,� A" -1/1 � � Thomas P. Genovese, City Manager 253 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA DESIGNATING A REDEVELOPMENT SURVEY AREA FOR STUDY PURPOSES FOR THE PROPOSED AREA TO BE ADDED BY THE FIFTH AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 WHEREAS, the La Quinta Redevelopment Agency ("Agency") is a public body, corporate and politic, organized and existing under the California Community Redevelopment Law (Health & Safety Code Section 33000 et seq.) ("CRL"); and WHEREAS, pursuant to the CRL, the City Council of the City of La Quinta ("City" or "City Council", as applicable) approved and adopted the Redevelopment Plan for Redevelopment Project Area No. 2 ("Existing Project Area"), by Ordinance No. 139 on May 16, 1989, as amended by Ordinance No. 259 on December 20 ,1994 and Ordinance No. 399 on February 3, 2004, Ordinance No. 403 on March 16, 2004 and Ordinance No. 404 on March 16, 2004; and WHEREAS, the City Council wishes to study adding territory to the Existing Project Area; and WHEREAS, the area under consideration consists of all territory within the City as shown on Exhibit A; and WHEREAS, any territory under consideration to become part of a redevelopment project area must be in a redevelopment survey area (the "Survey Area"); and WHEREAS, in accordance with Section 33310 of the California Health and Safety Code, the City Council, as the legislative body, may designate a survey area for study purposes to determine the feasibility of potential redevelopment activities within the Survey Area. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA HEREBY RESOLVES, AS FOLLOWS: Section 1. That the City Council hereby finds that the proposed Survey Area requires study to determine if redevelopment activities within the Survey Area are feasible and, therefore, designates the area as depicted on Exhibit A attached to this resolution and incorporated herein by reference as a Survey Area within the meaning of Section 33310 of the California Health and Safety Code. �J -1- Resolution No. 2008- Designation of Survey Area - Amendment of Redevelopment Plan Project Area No. 2 Adopted: July 1. 2008 Page 2 Section 2. The City Council hereby acknowledges that the Planning Commission of the City of La Quinta will consider the selection of the boundaries for one or more areas to be added to the Existing Project Area from within the Survey Area and to submit a preliminary plan for the redevelopment of such proposed added areas, pursuant to California Health and Safety Code Sections 33322and 33325. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of La Quinta held this 1" day of July, 2008. AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California APROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 260 Resolution No. 2008- Designation of Survey Area - Amendment of Redevelopment Plan Project Area No. 2 Adopted: July 1, 2008 Page 3 EXHIBIT A: MAP OF SURVEY AREA LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 - 2008 SURVEY AREA Hidden River Rd '%"liiL ountain Darby Rd 0 O 0) C C n E c E o N a D Q m C 0 Avenue 50 Miles Ave Highway III Avenue 48 Proposed Survey Area � Project Area No. Z LProject Area No. 1 i ® City Boundary 0 0125025 05 075 1 Miles 261 T4'yl 44Qumrw COUNCIL/RDA MEETING DATE: July 1, 2008 ITEM TITLE: Consideration of Formation and Appointment of Two Members to an Ad -Hoc Committee to Review the 1" Quarter (July 2008 - September 2008) Grant Requests RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW AGENDA CATEGORY: BUSINESS SESSION: 3 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: On May 1, 2007, the City Council established a quarterly Community Services Grant Review Ad -Hoc Committee which would include two City Council members to review the quarterly grant applications. Council Members Osborne and Henderson were assigned to serve on the committee for the V quarter (July 2007 - September 2007). Mayor Adolph and Council Member Kirk were assigned to serve on the 2"d quarter (October 2007 - December 2007). Council Member Henderson and Council Member Osborne were assigned to serve on the 3`d quarter (January 2008 - March 2008). Mayor Adolph and Council Member Kirk were assigned to serve on the 41' quarter (April 2008 - June 2008). The 1s` quarter grant requests are due by July 11, 2008. Staff will set-up a meeting shortly after the due date for the Ad -Hoc committee. At this time, staff is seeking City Council direction regarding assigning Council Members to the V quarter (July 2008 - September 2008) Committee. 262 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve two City Council members to serve as the Vt quarter (July 2008 - September 2008) committee members; or 2. Do not approve two City Council members to serve as the Vt quarter (July 2008 - September 2008) committee members; or 3. Provide staff with alternative direction. aully submitted, 16L Edie Hylton Community Services Director Approved for submission by: Thomas P. Genovese, City Manager 263 M Tity,, 4 4 Qum& AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: July 1, 200E BUSINESS SESSION: CONSENT CALENDAR: ITEM TITLE: Consideration of City Policies for the Donation STUDY SESSION: of Artwork PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: Depending on the direction City Council gives staff, there may be costs associated with future maintenance or removal of art pieces. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On February 19, 2008, the City Council approved a memorial quilt donation for the Library and requested staff to review the criteria for accepting items in the future and bring the donation policy back to the City Council for approval. Artwork Donated in Memory of an Individual Staff has developed a draft Memorial Artwork Donation Program for City Council consideration (Attachment 1). Staff is seeking City Council direction on any step or item within the proposed process: Interested donor shall submit a letter to City Council with request; Proposed donation will go to the Community Services Commission for their recommendation; 264 • Public facilities to display art will include: City Hall, Library, Museum, and Senior Center; Person being memorialized must have been a resident of the City of La Quinta; • City Council will determine appropriateness of artwork and consider acceptance; • All costs associated the with the preparation, installation, and plaque will be borne by the donor (and shall be paid to the City); • City will be responsible for the work associated with displaying the art (including installation and purchase of plaque); • Donation becomes the property of the City. The City will not be liable to the donor for any loss, damage or theft of the artwork. The City will retain the right to remove the display if and when it sees fit. The City will have the right to dispose of the artwork, and the donor shall have no further claim to the artwork upon acceptance of the donation. In addition to considering the above and providing staff direction, the City Council may also wish to consider whether the donated artwork will be displayed in the determined public facility on a temporary or perpetual basis. Artwork for Donation to City Donors wishing to donate artwork for public display would submit a letter to the City Council with their request. Staff would then prepare a staff report and resolution for City Council consideration and acceptance. The resolution would include the following information: • Specifies donor, artist, and title; City Council accepts donated artwork upon determination of appropriateness; Artwork becomes property of the City; Specifies retail value; The City shall not be liable to the donor for loss, damages or theft of the artwork while housed at City facility; • Art piece shall be properly identified via engraved plaque. • The City will retain the right to remove the display if and when it sees fit. The City will have the right to dispose of the artwork, and the donor shall have no further claim to the artwork upon acceptance of the donation. In addition to considering the above and providing staff direction, the City Council may also wish to consider whether the donated artwork will be displayed in the determined public facility on a temporary or longer term basis. 265 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt policies and procedures for the donation of memorial artwork for public display; or 2. Do not adopt policies and procedures for the donation of memorial artwork for public display; or 3. Provide staff with alternative direction. submitted, Edie Hyltoa,-� Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Memorial Artwork Donation Program 266 ATTACHMENT 1 4 MEMORIAL ARTWORK DONATION PROGRAM The City of La Quinta has established a program for those wishing to donate artwork to the City to be displayed at public facilities in memory of a loved one. The locations that are eligible for this program include: La Quinta City Hall La Quinta Library La Quinta Museum La Quinta Senior Center Residency requirements: The person being memorialized must have been a resident of La Quinta. When an individual or group is interested in making an art donation in a person's memory, the donor(s) must submit a letter to the City Council for consideration. The City Council will consider whether or not to accept the artwork and, if the City Council wishes to accept the artwork, determine a location. All costs associated with the preparation, installation, and removal of the art piece is the responsibility of the donor(s), as is the cost of purchasing and engraving a plaque with the following wording: This artwork donated in memory of by Date: The plaque will be affixed to the wall and placed beside the memorial art piece. Applicable installation fees must be received by the City before any preparation work can be undertaken in relation to displaying the artwork. If accepted, the donation then becomes the property of the City. The City will not be liable for any damages, loss or theft the art piece once it has been accepted by the City. The City also reserves to the right to terminate the display of the artwork if it determines, in its sole and absolute discretion, that it no longer wishes to have the artwork on display. If the City determines to dispose of the artwork, it may do so as it deems appropriate and shall have no obligation to notify the donor(s) of the intended disposition. The City reserves the right to make modifications or alterations to this program as deemed appropriate. For additional information, please contact the Community Services Department at (760) 777-7090. 267 T4ht " MEMORIAL ARTWORK DONATION PROGRAM DONOR INFORMATION Name: City: State: Zip: Telephone: ( ) Fax: ( ► Em Name of person being memorialized: Time frame the person was a City of La Quinta resident: From: To: Information about artwork being donated: Type: Artwork Title: Special care instructions: Wording on Plaque: This artwork donated in memory of M Date: Preferred Location (Please choose in order of preference): La Quinta City Hall La Quinta Library La Quinta Museum La Quinta Senior Center 268 Donor's understanding, acceptance, and signature: /, (print name), have read the information regarding the City of La Quinta's Memorial Artwork Donation Program. / understand, accept, and will comply with all the terms as specified herein, and will not hold the City of La Quinta liable for any damages or theft my donated artwork may suffer while housed in one of the City's facilities. / understand that once the donation is accepted, / no longer have any interest in the artwork, and that the City may dispose of the artwork as it seems fit. Donors Signature: .....................CITY OF LA�QUINTA USE sONLY ................so... Date considered by City Council: Approval/Acceptance of artwork: Yes No Location approved/determined by City Council: Date of Don Estimated Cost of Installation: Payment Received: Residency Requirement Met: Plaque Ordered: Artwork Delivered & Installed: Plaque Installed: 269 REPORTS & INFORMATIONAL ITEMS: COMMUNITY SERVICES COMMISSION MINUTES May 12, 2008 CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 5:32 p.m. by Chairperson Weber. Commissioner Gassman led the audience in the Pledge of Allegiance. COMMISSIONERS PRESENT: Commissioner Sheldon Brodsky Commissioner Andrea Gassman Vice -Chairperson Bob Leidner Commissioner E. Howard Long Commissioner Dori Quill Commissioner Robert F. Sylk Chairperson Mark Weber STAFF PRESENT: Edie Hylton, Community Services Director Steve Howlett, Golf & Parks Manager Angela Guereque, Senior Secretary PUBLIC COMMENT None. CONFIRMATION OF AGENDA Motion - It was moved by Commissioner Gassman and seconded by Commissioner Sylk to confirm the agenda. Motion carried unanimously. PRESENTATIONS: 1. Presentation by David Archer, Interim Chief Executive Officer, of the La Quinta Chamber of Commerce. Mr. Archer presented the current activities of the La Quinta Chamber of Commerce. The Chamber promotes businesses inside and outside of La. Quinta. The Chamber puts on events that the members can attend and use as a networking opportunity to enhance their businesses. The Chamber produces The Gem which is sent to every resident of La Quinta and all members. New members get a 200 word write up in The Gem. The Chamber has initiated an outbound call program where each 270 Community Services Commission Minutes May 12, 2008 -2- team member calls five businesses to say "Hello" and see what's going on with their business. This is a way to touch the community to find out how the Chamber can help these businesses. Bi-monthly potlucks are held to help strengthen the membership relationships, with the next one being held in July. Commissioner Brodsky complemented the Chamber on the map in The Gem. Vice -Chairperson Leidner asked what the time frame is for the five calls. Mr. Archer stated that staff is calling five members daily and the Board of Directors are calling one member per day. Commissioner Gassman commended the Chamber for The Gem and feels it is a wonderful piece of writing. Commissioner Gassman suggested a section be devoted to new businesses for information purposes. Chairperson Weber stated that The Gem is very professional and a good marketing piece. Commissioner Quill asked if the Chamber was planning on staying in the offices at the Library. Mr. Archer stated that the Chamber is going to try to extend their lease on the facility. The Chamber is trying to keep all of their options open for a permanent home. Mr. Archer stated that as of April 2008, 52% of the 681 Members are La Quinta businesses. From April 2007 to March 2008, 151 members dropped with 49% of those being in the Real Estate/Financial industries. From April 2007 to March 2008, 176 Members were added with 34% of those being in the Real Estate/Financial industry. Mr. Archer stated that the 2Id Annual Rod and Custom Car Show will be held on Sunday, May 18, 2008 at 9:00 a.m. There are over 70 vendors and cars signed up and the Chamber is anticipating over 100. The Chamber would like to make this a family event not just for car enthusiasts. Half of Calle Tampico will be blocked off for this event. Commissioner Sylk suggested that the Chamber approach SilverRock Resort for the Mayors Golf Challenge in September 2008. Mr. Archer supplied an Announcement and Calendar of Events packet to each Commissioner for the remainder of 2008. Commissioner Quill asked if the Chamber works as a Visitor's Center. She suggested signs be placed off Highway 111 to direct people to the Chamber. Mr. Archer stated that there are signs, but the Chamber wants to be more visible. 271 Community Services Commission Minutes May 12, 2008 -8- Commissioner Long asked what percentage of people that could be members are members. Mr. Archer stated that membership is 10% to 20% of La Quinta businesses. Commissioner Sylk stated that two years ago membership was at 750 and now it is at 681, it should be at 900. Mr. Archer stated that the Chamber has brought in 90 new members in a two week period with the new sales staff. Commissioner Sylk congratulated Mr. Archer for stepping up to fill the Interim Chief Executive Officer position. Chairperson Weber asked staff if staff had checked on Commissioner Sylk's suggestion of putting staff and Commissioner's names in The Gem. Director Hylton stated that she did speak to the City Manager's Office and the City does not place staff or Commissioner's in The Gem. Mr. Archer stated that the Chamber is interested in partnering with the City for the Annual Car Show. Chairperson Weber suggested the Chamber communicate with Public Works and the Police to plan for the Car Show. Mr. Archer stated that part of his job is to make, create, and maintain a relationship with the City. Commissioner Sylk suggested that a Commissioner should attend a Chamber Board meeting. APPROVAL OF MINUTES 1. Approval of April 14, 2008 Minutes Commissioner Gassman stated that on Page 10, second paragraph, second sentence, an apostrophe should be added to "Commissioners." On Page 10, first paragraph under Open Discussion, first sentence, an apostrophe should be added to "Commissioners." Commissioner Long stated that on Page 11, a sentence should be added to the first paragraph explaining that the old banners didn't come down because the City was designing a new seal. Motion - It was moved by Commissioner Sylk and seconded by Commissioner Long to approve the minutes as corrected. Motion carried unanimously. CONSENT CALENDAR None. PUBLIC HEARING 2721 Community Services Commission Minutes -4- None. BUSINESS ITEMS None. CORRESPONDENCE AND WRITTEN MATERIALS 1. Report on California Children's Outdoor Bill of Rights May 12, 2008 Director Hylton spoke about the report on California Children's Outdoor Bill of Rights which lists a number of items that every child should participate in by the age of 14. The City will promote this through the activities guide. The California Children's Outdoor Bill of Rights provides that every child should have the opportunity to: -Discover California's Past -Splash in the water -Play in a safe place -Camp under the start -Explore nature -Learn to swim -Play on a team -Follow a trail -Catch a fish -Celebrate their heritage. Chairperson Weber stated that this is a great program. Commissioner Sylk stated that this is a wonderful program. Commissioner Long stated he read the report with great interest and cautions staff to be careful including some of the research that is included with this report. Director Hylton stated that the Community Services Department is more interested in promoting the message than using the research information. Commissioner Quill stated that this challenges us to make sure we are doing these things and suggested a fishing event. Director Hylton stated that Lake Cahuilla will run and operate a fishing derby so that the City does not have to do it. Vice -Chairperson Leidner stated this is a wonderful program and suggested a method of getting this message out with a series of events promoting these activities. 273 Community Services Commission Minutes May 12, 2008 -5- Commissioner Brodsky stated this is a wonderful document. Commissioner Gassman stated that the concept is very good, but the language in the research documents was not very good. She is proud of La Quinta because we already do so much of these activities. Director Hylton stated that the Department has limited staff and would like to see the City work with other agencies in the community to promote and offer some of these programs. 2. Monthly Department Report for March 2008 Commissioner Quill stated that the number for the Children's Annual Egg Hunt went down and she felt it was because some people just chose not to go due to the large numbers last year. Commissioner Long suggested putting the two Adobe class reports together 3. Calendar of Monthly Events Commissioner Sylk asked how the May 10, 2008 Catalina Excursion went. Director Hylton stated there were approximately 30 attendees. Commissioner Gassman asked if any Commissioners would be attending the Athletic Honors. Chairperson Weber and Commissioner Long stated they would be there. Commissioner Gassman asked about the June 3, 2008 City Council Meeting. Director Hylton stated that the City Council meeting has been changed to June 2, 2008. Commissioner Quill asked who is going to present the May 17, 2008 Fred Wolff Nature Preserve Master Plan. Director Hylton stated that Steve Howlett, Golf & Parks Manager, will be presenting the plan at Calle Ensenada and Avenida Montezuma at 7:30 a.m. Vice -Chairperson Leidner suggested staff contact Vector Control to supply mosquito wipes for the Open Air Cinema events. COMMISSIONER ITEMS 1. Reports from Commissioners Regarding Meetings Attended. OPEN DISCUSSION Commissioner Gassman asked about the posting of Commission agendas. Staff informed the Commission that agendas are posted 48 hours in advance and placed 274 Community Services Commission Minutes May 12, 2008 at Stater Bros. in North La Quinta, the Village Post Office, and the interior and exterior of City Hall. Commissioner Gassman suggested the Library be added as one of the posting places. Chairperson Weber stated that the Commission posts agendas in the same places as the City Council. Chairperson Weber suggested enhanced signage for the Study Session Room. Commissioner Quill stated she has a friend that went to Centre Pointe Dog Park last night around 6:30pm and there were about 8 people and 10 dogs there. Several people she spoke to said they are regulars and often times there are 15 people there. She gave Commissioner Quill her comments that there possibly needs to be more benches because there is only one bench. She said the gate between the two dog parks has been pad locked. Mr. Howlett stated that the gate was locked to keep the small and large dogs separated. Commissioner Quill suggested a gate be installed so that children can access the play area from the dog park. Mr. Howlett stated that there needs to be double gated system for that to occur because dogs might get out. Commissioner Quill asked about access to nearby homes. Chairperson Weber stated there is not a viable access point. Commissioner Quill stated there is no lighting at the park. In the Winter it gets dark early and in the Summer the only time it is pleasant to go is once the sun goes down. Suggested a couple simple lights would help people enjoy the park more. Director Hylton stated that the City generally does not light neighborhood parks, but staff will look into it. Vice Chairperson Leidner asked if the Commission Work Plan was a consent item to the City Council. Director Hylton stated that the City Council reviewed the Work Plan as a business item. Commissioner Gassman stated that the City Council minutes for the Work Plan were well written and thanked staff for sending them. Director Hylton stated that the City Council minutes come from the City Clerk's office. Chairperson Weber stated that The Coachella Valley Community Trails Alliance forwarded an article on Mammoth Lakes and the trails. ADJOURNMENT It was moved by Commissioner Gassman and seconded by Commissioner Sylk to adjourn the Community Services Commission meeting at 7:00 p.m. Motion carried unanimously. NEXT MEETING INFORMATION: A Regular Meeting of the Community Services Commission to be held on June 9, 2008 commencing at 5:30 p.m. at the La Quinta Study Session Room, 78-495 Calle Tampico, La Quinta, CA 92253. 275 Community Services Commission Minutes 7- Submit rted by: Angela Guereque Community Services Senior Secretary May 12, 2008 276 Department Report: 1—A LOJa, O CE` OF T'9� TO: The Honorable Mayor and Members of the City Council FROM: Bret M. Plumlee, Assistant City Manager, Management Services DATE: July 1, 2008 SUBJECT: Department Report - Response to Public Comment The following public comment was made at the June 17, 2008 City Council meeting: 1. Beth Foley, Library for the La Quinta Library, provided an update on the children's' summer reading programs. The Reading Incentive program will begin on June 19. Last year's program was very successful, and they are hopeful that this year even more children will participate. She provided staff with a flyer outlining program information. • Council member Henderson commented she heard that the Library is uncomfortable at times for adults. Ms. Foley stated the Library does get to be noisy on children's programs days, so they have moved those programs to Tuesdays. They are also working on having guest speakers for the adult programs in the fall. The Library's goal is to have the Library for everyone's use. The following public comments were made at the June 19, 2008 Special City Council meeting: 1. Dori Quill, 51-245 Avenida Rubio, requested consideration of two items which were not included in the proposed Community Services budget. She stated a shade structure is needed at the skate park; it would cost approximately $10,000. Also, Mrs. Quill stated a comfort mist station at the La Quinta Park is also needed. She indicated it would cost approximately $4,000. 277 2. Lucia Moran, 53-45 Avenue Cortez, thanked all the supporters of the Soap Box Derby these past 14 years. She stated two individuals are on their way to Akron, Ohio for the national competition. Mrs. Moran said next year Coachella Valley Parks and Recreation Department (CVPRD) will be taking over the local event. 273 /-3 I u Twit 4rw4um& MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Douglas R. Evans, si ant City Manager — Development Services il DATE: July 1, 2008 SUBJECT: Quarterly Marketing Report Per the City's contract with Kiner Communications, the final Quarterly Marketing Report for Fiscal Year 2007/2008 is attached. 279 �1 ta Q� GEM of he DESERT -- Quarterly Marketing Report Fourth Quarter of Fiscal Year 2007-08 City of La Quinta Marketing Plan Implemented by Kiner Communications COMPLETED: Cooperative Marketing Program with La Quinta Hotels — Finalized the filming and production of the 2-minute segments for the City and the La Quinta hotels, which began airing on Time Warner's Journey TV network across the country the third week of May. ® Revised City's :30 second out -of -market spot to refer viewers to Journey TV for more information and to watch the 2-minute segments to be automatically entered to win a getaway in La Quinta. The TV spot schedule directing viewers to Journey TV will run on prime networks in Southern California during select periods through November, with 1,500 "bonus" spots expected from Time Warner. Shop/Dine Advertising Campaign Promoting City Events — Negotiated special package of ads with The Desert Sun to promote spring events in La Quinta (such as Concerts on the Lawn, the La Quinta Museum opening, Movies in the Park, among others) happening in April, May and June. Campaign also ran in La Quinta Sun and Desert Entertainer magazine. The campaign, which ended June 19, created a call -to - action by promoting La Quinta events while simultaneously promoting the fabulous shopping and dining options in La Quinta. (See attached) City Report — Designed, printed and mailed the City's third installment of the City ® Report. The newsletter was mailed out to La Quinta residents in April and featured articles/information on the museum, City Picnic, movies in the park, La Quinta's summer 280 golf tour, SilverRock's annual resident golf tournament, newest technology employed by La Quinta's Police Department, green tips from CVWD, and a road report. ® Public Relations — Distributed a number of press releases for the City, promoting: o Upcoming Events at Senior Center o City Excursion to Temecula Balloon Festival o City Excursion to Catalina Island o Annual Egg Hunt & Chalk Drawing Contest (See attached) Vista Dunes — Produced media mailer to promote Vista Dunes and the City's green efforts, as well as press materials such as a news release and related website. (See attached) City of La Quinta Marketing Plan for Fiscal Year 2008-2009 — Completed 2008-2009 Marketing Plan. Designed and formatted plan, which complements the City's Economic Development Plan. ® IN PROGRESS: City Report — Producing the City's final installment of the City Report for Fiscal Year 07-08, which will feature the SilverRock permanent clubhouse, common code violations and why code compliance is important, emergency preparedness, summer excursions, electricity green/conservation tips, SilverRock's junior golf camp, and the summer Council Meeting schedule. CVA Golf Guide Ad — Creating full page ad for the CVA's Golf Destination Guide, which is the official golf fulfillment piece for the CVA. This guide will also be heavily distributed in California Welcome Centers, five major airports, sporting good stores such as Sports Authority, Sports Chalet and Big 5, and select golf retailers. Cooperative Advertising Program with Village Businesses — City staff and Kiner Communications met with Village partners including Landmark, Old Town La Quinta, ® Embassy Suites, and the La Quinta Resort. Several ideas surfaced that will be further explored: Co-op insert in L.A. Magazine (pull out guide); shuttle during Bob Hope Chrysler Classic (traveling to the Village); co-op advertising during the Skins Games, 281 Pacific Life Open, and Empire Polo Grounds' HITS series; La Quinta Resort is open to putting information in their in -room materials; six-month event calendar produced and ® distributed by different hotel partners; advertising on the back of tickets for key events; and "Silver Screen at SilverRock" — Landmark is open to hosting similar events. 11 11 282 n U u There are plenty of reasons to enjoy La Quinta —and here are just a few more. New shops, restaurants and fabulous spring events offer something for everyone. Let Lo Quinta entertainyou! MOVIES IN THE PARK Friday Nights, 8pm Civic Center Campus Mark your summer calendar now. Bring a lawn chair or blanket and enjoy the big screen under the stars! JUNE 20 Charlotte's Web (Rated G) July II Bee Movie (Rated PG) JULY 25 March of the Penguins (Rated G) AUGUST 8 Shrek the Third (Rated PG) AUGUST 22 Ratatouille (Rated G) SUNDAY AFTERNOON CONCERTS ON THE LAWN 4pm — 6pm Old Town La Quinta June 22nd - Radio 6o Classic Hits from the 60s,70s & 80s June 29th - Helicopter Classic Rock Oldies and Contemporary Hits of Today i�77 GEM pfthe DESERT — www.la-quinta. org 2B3 CiF1d of b(re ❑FURT — FOR IMMEDIATE RELEASE CONTACT: MARIA CASILLAS, CITY MANAGER'S OFFICE (760)777-7035 SET FOR SATURDAY, MARCH 22 Free for kids 0-14 years of age LA QUINTA, CA (March 11, 2008) ....The City of La Quinta Community Services Department is holding its Annual Egg Hunt & Chalk Drawing Contest on Saturday, March 22 at 9:00am at La Quinta Park, located on the corner of Adams and Westward Ho. ® Children 0-14 years of age are welcome to participate in this FREE egg-cellent event. There will be candy to fill the baskets as well as goodies, toys, and surprises scattered all over the grass for children to collect. A special visit from the Easter Bunny is planned too. At the hunt, please look for the corresponding colored balloon for the appropriate age group: 0-2 years purple balloons 3-5 years red balloons 6-9 years green balloons 10-14 years white balloons Parents are encouraged to bring their cameras to the event, but are asked not to help their kids during the hunt. A chalk drawing contest will immediately follow the egg hunt. DETAILS: Saturday, March 22 gam — Egg Hunt Chalk Drawing Contest Immediately Following FREE! 0-14 years of age La Quinta Park ® Call 777-7090 for more information or visit: www.la-quinta.org. 284 PDF created with pdfFactory Pro trial version www.odffactorv.com - (WM of0x DrSERT - For Immediate Release — April 18, 2008 THE CITY OF LA QUINTA INVITES YOU TO ENJOY A DAY ON CATALINA ISLAND! WHAT: Day trip to Catalina Island WHEN: Saturday, May 10, 2008 6 am departure WHERE: Catalina Island (departure from Civic Center North Parking Lot) COST: $90 per person Includes: round-trip bus fare CONTACT: 760-777-7090 Registration deadline is Friday, April 25. DETAILS: Travelers of all ages are welcome to join the City of La Quinta for a day trip to Catalina Island. The bus will depart at 6am from the Civic Center North Parking Lot and will return approximately 8pm. Catalina Island is located just 22 miles off of the California Coast. Once on the island, guests will have the option to enjoy their time shopping and site -seeing or they can choose to go on a glass bottom boat tour, a tour of Avalon or rent a golf cart to tour the island on their own. Space is limited, so call to reserve your seat today! 1 2 0" 5 PDF created with pdfFactory Pro trial version www.odffactory.com y e�Cv tlGt��ICc/ GF M r f fire I)F S£.RT — FOR IMMEDIATE RELEASE — April 25, 2008 CONTACT: Bret Plumlee, Assistant City Manager 760-777-7035 CITY OF LA OUINTA ANNOUNCES UPCOMING EVENTS AT SENIOR CENTER LA QUINTA, CA ... The La Quinta Senior Center will be hosting the following presentations in May. The presentations are held at 78-450 Avenida La Fonda and are free and open to all adults. ® For more information, please call 564-0096. FRIDAY. MAY 2, 10:30 AM "Five Wishes" with the "Partnership for End of Life Care" "Five Wishes" is a legal document for care for those who become seriously ill and are unable to express their wishes. "Five Wishes" lets family and friends know your preferences by filling out this important document. Information: 564-0096 TUESDAY, MAY 6, 11:00 AM "My Personal Guardian" with Dennis Mario The 20-minute presentation will explain how medical records are readily available in emergencies. Information: 564-0096 MONDAY, MAY 19, 10:00 AM "Navigating the small claims court" With Sandra J. Gonyier; Mediator, Mediation/Arbitration Consultant on "Navigating the small claims court." Mediation and arbitration as well as the small claims court process will be discussed. After the presentation, there will be a question and answer segment. Attendees will learn the benefits of mediation and how it will save time, money and legal ® documentation. Information: 564-0096 GU6 PDF created with pdfFactory Pro trial version www.i)dffactory.com - Gent q r6 DeseRr FOR IMMEDIATE RELEASE — May 14, 2008 CONTACT: Bret Plumlee, Assistant City Manager (760)777-7035 Festival on June 7 to feature Kenny Loggins LA QUINTA, CA ...The City of La Quinta Community Services Department is offering a trip to the 2e Annual Temecula Valley Balloon and Wine Festival on Saturday, June 7, 2008. ® The festival will have live music all day, featuring Kenny Loggins in concert at 7pm. Over 20 premium wineries will be pouring samples for wine tasting in the Wine Gardens. Patrons can also visit an arts and crafts fair, exhibits, and an international food court. Children 14 and under can enjoy the Kid's Faire featuring rides, inflatables, a rock climbing wall, a petting zoo, and much more. The day -trip tickets are $55.00 per person. The price of the ticket includes a round-trip bus ride, entrance to the festival and live music featuring the Kenny Loggins concert. The bus will depart from La Quinta Civic Center South Parking Lot, located at 78-495 Calle Tampico, at 12:00 p.m. and return at 12:00 a.m. Space is limited and registration is required by Friday, May 30. ® Call 777-7090 for more information or visit the web site at: www.la-ciuinta.org. 287 PDF created with pdfFactory Pro trial version www.i)dffactory.com ® ` FOR IMMEDIATE RELEASE —May 28, 2008 4 Quba CONTACT: — cEM afaw DrseRT — Bret Plumlee, Assistant City Manager (760) 777-7035 CITY OF LA OUINTA ANNOUNCES UPCOMING EVENTS AT SENIOR CENTER LA QUINTA, CA ... The La Quinta Senior Center will be hosting the following presentations in June. The presentations are held at 78-450 Avenida La Fonda and are free and open to all adults. For more information and reservations, please call (760) 564-0096. TUESDAY. JUNE 3 ® 1:00 PM — 3:00 PM "Design and Decorating Basics" Nanette Laser, Interior Designer, will talk about concepts in color theory, space planning, patterns in fabrics and wallpapers, and accessorizing. THURSDAY. JUNE 5 10:00 AM - 12:00 NOON (Lunch provided) "Avoiding Seven Costly Mistakes with Finances" Expand your knowledge on protecting principle and gains, presented by Sterling Financial. Reservations required. Call: 564-0096. FRIDAY, JUNE 6 10:00 AM - 12:00 NOON "Braille is Your Neighbor" An introduction to the computer class will be offered by Steve Berg, Access Technology Specialist for the Braille Institute. Learn computer basics in a friendly interactive environment. The Braille Institute will also explain other beneficial programs available to all communities, such as, Adaptive Devices, and Library Services. Seating is limited. Reservations required. Call: 564-0096. - more - G88 PDF created with pdfFactory Pro trial version www.pdffactory.com �n C'i JUNE EVENTS— PAGE 2 MONDAY, JUNE 9 10:30 AM - 12:00 NOON "Your Future Clarified" John Luthi, a specialist in senior health, will explain income you cannot live without, annuities, and long term care. Reservations required. Call: 564-0096 TUESDAY, JUNE 10 10:00 AM - 12:00 NOON "Medicare 101" Workshop HICAP (Health Insurance Counseling and Advocacy Program) will talk about the basics of Medicare. The one -day workshop is for seniors ready to apply to Medicare or to help them become more knowledgeable about the program. TUESDAY, JUNE 24 10:00 AM - 12:00 NOON "Original Medicare" HICAP (Health Insurance Counseling and Advocacy Program) will conduct a workshop on Original Medicare and Supplemental Plans. PDF created with pdfFactory Pro trial version www.r)dffactory.com 239 tevQU&rev GENE fiieDESERT— FOR IMMEDIATE RELEASE — May 28, 2008 CONTACT: Bret Plumlee, Assistant City Manager (760)777-7035 LAST CALL TO REGISTER FOR LA OUINTA SUMMER GOLF TOUR Interested golfers must register by Friday, May 30 La Quinta, CA ... Calling all golfers! It's your last chance to register for the La Quinta Golf Tour. Interested golfers must register by Friday, May 30. Call (760) 777-7090 to sign up. The La Quinta Golf Tour is open to advanced and novice golfers alike. Participants will play ® some of the finest courses in the Coachella Valley, including SilverRock, Trilogy, Classic Club, Shadow Ridge and the Desert Willow courses. Enjoy excellent rates and the best tee times. The Tour begins in June and will run for 13 weekends over the summer. Golfers will also compete for points in a singles or team competition and winners' plaques will be presented at the banquet at the end of the tour in August. DETAILS: • Registration deadline: Friday, May 30 • Registration fee: $60 per person • Golf tour limited to first 80 registered participants • Late registration (if space remains): $75 per person For more information, contact the Community Services Department at (760) 777-7090. 290 PDF created with pdfFactory Pro trial version www.pdffactory.com Department Report: 1- C a, ok t y OF Tt� TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager—,Qd DATE: July 1, 2008 SUBJECT: Update on Green and Sustainable Program On December 18, 2007, City Council was given an update on the various "green and sustainable" environmental activities City staff has been involved in during Fiscal Year 2007-2008. This report will provide an update to those activities and an update on the "Green and Sustainable La Quinta" organizational chart. Vista Dunes On April 22, 2008, members of the local media were invited to Vista Dunes Courtyard Homes in celebration of Earth Day, a day wherein many communities and organizations take the opportunity to share new visions regarding environmental progress. The media had the opportunity to tour units at Vista Dunes and learn about products, features, surfaces, landscaping and all the special considerations that make this project "green." Vista Dunes is a prime example of the efforts La Quinta is undertaking to do its part for the environment. On May 22, 2008, an official grand opening for Vista Dunes was held and more than 150 people attended. A national public relations strategy is underway for the Vista Dunes Courtyard Homes. With the project achieving "gold" certification (with a possibility of a "platinum" rating), a teaser item (attached) was issued to over 1,000 national media contacts. The purpose of this initial communication piece was to pique the interest of the media and entice them to learn more about the project by leading them to the Vista Dunes website (www.goldinthedesert.com). This approach also served to limit the amount of paper issued. The media list included a wide range of newspapers, magazines, trade publications, television shows and networks, professional organizations, and wire services, including: Time, Newsweek, Good 91 Morning America, CBS Morning News, Dateline, MSNBC, CNN, AP, and UPI (and possibly the newly -launched Planet Green television network by Discovery). Here is the latest update on the public relations campaign for Vista Dunes: 1. The goldinthedesert.com media website was completed. 2. "Teaser" cards were mailed out to over 1,000 media contacts across the country. There have been 96 hits to the website "goldinthedesert.com" and numerous e-mail inquiries as a result. 3. Communication with news editors from national television and radio is ongoing. Television affiliates Grand Rapids, Iowa, Houston and San Antonio have expressed a strong interest in doing a story that covers how La Quinta accomplished Vista Dunes and how their local communities can do the same. 4. The Vista Dunes project will be submitted for consideration as a special feature on Huell Howser's "California Communities" television show. 5. A press release will be emailed out to more than 1,200 key media outlets once the verification of Platinum vs. Gold is determined. Coachella Valley Association of Governments (CVAG) Energy Conservation Plan CVAG's Energy Conservation Action Plan has the vision of shifting how residents, businesses, and governments in the Coachella Valley view energy conservation via implementation of a media program, long-term strategic plan, and annual action plans. One of the goals is to reduce Valley -wide per capita energy consumption by 10% by 2012. This would be done by developing a model energy conservation ordinance, promoting a change in use behavior, and encouraging businesses and agencies to reduce energy use during peak use periods. Local governments would be encouraged to adopt model energy efficiency projects, incorporate energy conservation features in new and/or remodeled City facilities, and enforce current programs such as Title 24. Annual action plans would include energy conservation fairs, symposiums, and educational forums as well as development of a best practices resource manual. CVAG's Model Resolution on Energy Conservation and Resource Sustainability On March 4, 2008, the City Council reviewed and adopted a resolution on energy conservation and resource sustainability. CVAG's proposal requested that all CVAG jurisdictions adopt a Model Resolution on Energy Conservation and Resource Sustainability, approved by CVAG's Executive Committee on January 28, 2008. The Model Resolution is part of the Energy Conservation Action Plan adopted by the CVAG Executive Committee. It is intended to provide a framework for the energy efficiency and conservation efforts of each CVAG jurisdiction. 292 Updates of Utility Programs During this past fiscal year, the City Council approved two cooperative programs with the Coachella Valley Water District (CVWD) and the Imperial Irrigation District (IID): Partnership with CVWD On December 4, 2007, the City Council approved a cooperative Landscape Water Management Program to develop a partnership with CVWD. The Council appropriated $50,000, which included the development of $25,000 in cost sharing with CVWD for landscape design and consulting services and $25,000 cost sharing with CVWD for homeowners. Included in the cooperative program with CVWD is the continuation and expansion of the City/CVWD Weather Based Irrigation program and a Cooperative Landscape Water Management program, which contains five main components including water management opportunities on City properties, in single-family homes, for homeowner association properties, on golf courses and public relations opportunities. Staff continues to work with CVWD on a number of water conservation efforts, which to date include: • Working with Redevelopment Agency -owned homes in the Cove to install smart controllers; • Kicking -off the design process for two "pilot" landscape renovation projects; • CVWD finalizing the contract for RGA to help with typical designs (seven homeowners interested in the landscape conversion program); • Two homeowners associations are interested in conversion projects; • Since February 2008, 112 smart irrigation controllers have been installed; • The Village Police Station had a smart irrigation controller installed; • Replacing irrigation controllers for City buildings; • Replacing turf with artificial turf and desertscape on Avenue 54; • Working with CVWD and Homeowner's Associations to recommend improvements to retention basins including reducing water consumption and use of turf, reducing over seeding, and using more efficient sprinkler heads; and 293 • Working with CVWD and Community Services staff to investigate ways to make the Rainbird Maxi-Com System, which is installed in all City parks, more effective through such things as weather stations and daily system checks. On February 5, 2008, the City Council adopted Ordinance No. 452 to bring the City's Water Efficient Landscaping Ordinance into conformance with the CVWD's Landscape and Irrigation System Design Criteria Ordinance. This implemented a new turf and water feature policy which will affect the landscaping and water use standards for all new developments including golf courses. At the beginning of April 2008, staff met with twelve residents of the Cove Association to discuss the Weather -Based Irrigation Controller Program. An overall explanation of the three components of the program was given and numerous questions were asked. At the conclusion of the meeting, two residents asked if it was possible to have a controller installed before they left for the summer. Staff contacted CVWD and an evaluation appointment was scheduled. Partnership with IID On May 20, 2008, the City Council approved a cooperative partnership with IID. This partnership will initially focus on energy conservation and green house gas emissions reduction on City -maintained properties. Once the City properties (new construction, existing buildings, and pumping stations) are reviewed and the energy cost reduction opportunities are identified, the next step will include expansion of the initial program to the City's business and residential customers. This expansion will be accomplished through utilization of IID's Residential and Low -Income Programs, Commercial and Industrial customer programs such as the New Construction Energy Efficiency, Energy Saving Partnership and Custom Solutions Programs, and finally Agricultural Energy Efficiency Programs. This partnership will rely on IID's prescriptive and performance based incentives, technical and marketing assistance provided by IID's energy consultants and finally by the regular measurement of the achievements in this partnership. This overall partnership program includes energy conservation and cost reduction opportunities in the following areas: • City -owned properties (including existing and new buildings and pump stations); • La Quinta residences (through IID's Low -Income Energy Efficiency Program, Air Conditioner or Heat Pump rebate programs); • La Quinta commercial and industrial businesses and golf courses (through IID's existing energy conservation programs such as Energy Savings Partnership, Custom Solutions Program, and Pump Testing Programs); 294 • La Quinta non-residential new building construction and expansions (through IID's New Construction Energy Efficiency Program); and • Public relations opportuni I es (from energy efficiency and green house gas emissions reduction persp ctive). In response to City Council's inqu ry, IID gathered information on the City of La Quinta/IID Energy Program. In summary, there are currently 826 La Quinta residents participating in the Residential Energy Assistance Program (REAP), which is a low-income program offered by IID. In 2007, 459 La Quinta residential customers and 60 commercial customers participated in the IID energy efficiency rebate programs, and one residential customer participated in the Photovoltaics Solutions Program. On June 5, 2008, staff met with representatives from IID to receive an update regarding their energy surveys of City properties. Highlights of the meeting included: • IID provided an update on energy surveys for the Civic Center, Library, Senior Center, Museum and the new construction site at SilverRock Resort clubhouse. IID staff is working to finish the analysis and will present a draft report to the City at the next scheduled meeting date; • IID staff will be scheduling inspection of 10 City water pumps and a report of findings will be presented by the next meeting; • Lighting upgrades will be considered for the older section of City Hall as well as the Senior Center Buildings; and • The design consultants at SilverRock Resort will meet with IID staff to discuss the energy efficiency recommendations and the costs involved to add energy systems to the budget as well as the period of time required to recoup the capital investment. Staff is now reviewing draft recommended building improvements provide by IID on June 24, 2008 and will be discussing these recommendations at the next meeting. Staff has been meeting regularly with representatives from both CVWD and IID to implement the objectives established in the two cooperative programs and will continue to provide updates to Council on a quarterly basis of the progress being made. Now that both programs are in place, staff will schedule a series of community workshops to provide the opportunity for residents and business owners to learn more about their programs and sign up on -site. Burrtec will also participate to discuss recycling and other waste disposal opportunities. 295 FY 2008-2009 Green and Sustainable Goals and Budget Included in the Fiscal Year 2008-2009 Preliminary Budget is a summary of City- wide green and sustainable environmental goals. Key green environmental projects include: manage the Green and Sustainable La Quinta Program, which is directed toward reducing energy consumption and conversation of resources; continue to partner with CVWD, IID, and the Gas Company to implement environmentally efficient programs that reduce greenhouse gas emissions; complete energy audits and implement conservation enhancements for City buildings; commence major update to City's General Plan that includes greenhouse gas and additional "green" programs and policies; implement Leadership in Energy and Environmental Design (LEED), water conservation and other green/environmental programs for the SilverRock Resort clubhouse, golf courses, and related infrastructures; install Smart Irrigation Controllers at all City buildings; implement and monitor the City and CVWD Cooperative Landscape Water Management Program; and implement and monitor the City and IID Energy Reduction Program. Also included in the budget is a listing of department specific green and environmental projects totaling $763,200. Included in the $763,200 "green" budgeted items are $25,000 for the CVWD local outreach program; $20,000 for the CVWD Landscape Conservation Program; $50,000 for the CVWD Village Police Sub -station Conservation Program; $29,000 for CVWD Landscape and Irrigation Design of Cove homes; $40,000 for Energy Conservation Program; $75,000 to Improve Visibility of Street Name Signs and Median Noses in the Cove; $459,000 for Administration and Construction of a Golf Cart Program; and $9,700 in City-wide green training. The SilverRock Resort clubhouse is also being designed to be energy and resource efficient. Approximately $895,000 in energy and environmental design features are proposed. Additionally, staff is working with IID on conducting energy audits of all City buildings and water pumps and will bring back any recommendations for improvements to the City Council during the Fiscal Year 2008-2009 Mid Year Report. Educational Programs Attended by Staff City staff and officials have attended numerous "green" training sessions since the Council was last updated in December 2007. On December 19, 2007, staff attended a LEED for New Construction Technical Review Workshop which focused on certification requirements and the process held at the University of California, Riverside campus. Course objectives included LEED for new construction and major renovations, technical requirements, certification process, and project case studies and strategies. Other topics included green building costs and benefits. �90 On February 13, 2008, City Manager, Planning, and Building and Safety staff attended an all -day LEED workshop. On February 20, 2008, a planning staff member attended a green building workshop sponsored by the Inland Empire Chapter of the American Planning Association. The workshop compared and contrasted three of the major green building programs being promoted in California: Build it Green, LEED, and Green Builder. The afternoon session also included a presentation on the recent actions taken by the State (AB 32 and SIB 97) regarding greenhouse gas emission reductions and mitigation measures in planning and development. On February 22, 2008, City staff attended a seminar called "Going Green," which involved a discussion about green purchasing (best practices and products that can be purchased that meet certain environmental standards to reduce greenhouse emissions). There are two primary companies that determine if the products have met these standards: Eco Logo and Greenseal. Staff will review various products to determine if it would make economic sense to switch to vendors that offer these "green certified" products. On April 7 through April 9, 2008, City staff attended the second annual 2008 Green California Summit and Exposition in Sacramento. This three-day conference consisted of lectures and workshops and provided a comprehensive program from leading experts to help discover best practices. The exhibit floor featured a green auto mall, information center enabling participants to meet innovative companies, and provided a comprehensive view of efforts for California to achieve its green goals. On April 19, 2008, staff attended the "We Can Make a Difference Year to Year" Torch Club Summit which was held at the President Gerald R. Ford Boys & Girls Club of La Quinta. Staff's objective was to educate the members about the importance of going green, what the City is doing on the subject, and preserving the planet for the next generation. Approximately 80 boys and girls from the club attended this event. On April 25, 2008, City Council members, Planning Commissioners and staff attend the 2008 Summit on Energy, Environment, and Economic Change held in Indian Wells. The purpose of the summit was to bring together experts and community leaders to explore and discuss energy conservation and efficiency, sustainable building, and how the Coachella Valley can attract clean industry. The one -day Desert Lyceum consisted of key note speakers and break out sessions regarding climate change, the question of whether or not government should mandate energy efficiency and how cities and businesses can reduce their carbon footprints. The conference was well attended by various city and private representatives throughout the Coachella Valley. 297 On May 30, 2008, staff attended the Green Building 101 seminar held at the University of California, Riverside University Extension campus. Course objectives were to assert the need for green development, the demand for green buildings and the opportunities in green buildings, as well as introducing the US Green Building Council and LEED. LEED design and costs associated with design and construction were also discussed. GREEN AND SUSTAINABLE LA QUINTA ORGANIZATION CHART Cooperative efforts between the City, CVWD and IID have resulted in numerous programs which are now encompassed within the City's expanding Green and Sustainable La Quinta Program. In order to effectively manage these programs, the Department created an organization chart, which was presented to Council on December 18, 2007, to assign specific programs and duties to various City Departments. The attached Organization Chart (Attachment 1) has been revised since the last update to show the current management structure of this program. The City's Green and Sustainable program management is under the direction of the City Manager and focuses on managing the various green environmental programs, which fit generally into six different functional areas. The six areas are Energy, Water, Waste and Recycling, Building, Transportation and Land Use. Each of these areas are co -managed and divided between both Assistant City Managers. The lead "green" staff person designated by the City Manager will be the Assistant City Manager —Management Services. City-wide green and environmental staff support will be provided by the Management Services Management Analyst, who will be responsible for coordinating periodic City-wide "green" updates to the City Council and tracking City-wide "green" activities performed by all departments. Each department has green and environmental projects which fit into one of the six functional areas and have been included in individual departmental budget goals for Fiscal Year 2008-2009. These goals are also summarized and reflected in the Fiscal Year 2008-2009 Budget on page E-11 "Green and Sustainable Environmental Goals" and on page E -13 "Green and Sustainable Budget Items." CONCLUSION The City has been very proactive in developing programs and training staff to ensure reduction in both costs and greenhouse gas emissions. Staff will be making significant efforts over this next fiscal year to meet the Council's expectations to protect the environment and maintain a "Green and Sustainable La Quinta." Attachment: 1 . Green and Sustainable La Quinta Organization Chart 298 Attachment , � � O w 0. F- Z_ � � J W J � Q Z F- CO D Co 0 Z Q Z W W � � }� /k ]HO O ] / : « ¢ ? `)\\ \)� . )°§ § } °I^kf )e¥@� )ƒ () ; § \Ae=o ))�\) § K r_ � epee \ w 4 299 Twr^F4aR COUNCIL/RDA MEETING DATE: July 1, 2008 ITEM TITLE: Public Hearing to Consider Adoption of a Resolution of the City Council Approving a One -Year Time Extension for Village Use Permit 2005-032 for the Construction of a ± 19,433 Square Foot Two - Story Office Building with Coffee House, Located on Lot 77 at the Northwest Corner of Main Street and Avenida La Fonda. Application: Nispero Properties RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving a one-year time -extension for Village Use Permit 2005-032 for the construction of a 19,433 square foot two-story office building with coffee house. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. PROJECT BACKGROUND Village Use Permit 2005-032 and Development Agreement 2005-009 were reviewed and approved by the City Council on February 7, 2006. The Village Use Permit allows for the construction of a 19,433± two-story office building while the Development Agreement facilitates the payment of a parking related in -lieu fee to compensate for an approved 39% reduction in the number of required on -site parking spaces. In accordance with La Quinta Municipal Code 9.200.080, the time extension for Village Use Permit 2005-037 must be reviewed and approved by the City Council. The Development Agreement does not require a time extension. PROJECT DESCRIPTION 300 The project site is a 31,363 square foot (0.72 acre) semi -circular shaped lot located at the northwest corner of Main Street and Avenida La Fonda. Main Street is adjacent to the east (front) and north sides of the site and is constructed as a 28-foot-wide street. Avenida La Fonda is adjacent to the south side of the site and is constructed to a width of 40 feet. Both roadways are improved with curb and gutter but no sidewalk. As part of the approved project, installation of a sidewalk is required along both street frontages adjacent to the project site. Parking on Main Street is prohibited due to its narrow design width. The City Library facility is sited directly east of the subject property. No improvements, structures, or other features exist on the property, which is flat and barren of vegetation. The proposed building contains approximately 19,433 square feet and is intended for general office use (Attachment 1). The first floor contains 9,470 square feet of floor area and includes general office space and a coffee bar. The second floor consists of 9,963 square feet of general office floor area. The building is flanked on its east and west sides by exterior stairwells. The highest building point is at 38.5 feet from finish grade at the central turret/rotunda feature, with the main roof line at 29.8 feet. The building is generally sited on the eastern portion of the property along Main Street's interior curve, the front of the building faces Main Street. The site plan provides for a 10-foot building setback along the Main Street frontage. The parking area, which provides 49 spaces, is located on the west side of the building. Access into the parking area is taken from both Main Street and Avenida La Fonda, at the north and south ends of the site, respectively. The architecture is a blend of Traditional Spanish and Mediterranean design elements, with a more contemporary architectural design overall. The building walls are designed with a stucco finish painted in deep shades of earth -tone colors. Areas of stone veneer are used as an accent material. The roofing material is a two-piece mission clay tile in a dark tri-color earth tone blend. The window surrounds, doors and mullions are framed in a painted finished aluminum. The roof eaves are accented with exposed rafter tails, stained in a dark wood color. The upper floor's exterior access areas are framed with a wrought iron railing. ANALYSIS As previously stated, the proposed development does not provide the required number of off-street parking spaces. A total of 68 on -site parking stalls are required by Code and only 49 are provided on the proposed site plan. However, as part of the initial approval, and as provided for by the Municipal Code, the 19 deficient stalls are compensated for through the payment of a parking in -lieu fee in the amount of $228,000. This payment is facilitated through the Development Agreement approved 4 Ji for the project by the City Council on February 21, 2006. Consequently, the project as approved is in compliance with the City's on -site parking requirements. The structure's main roof is 29.5 feet in height, five feet under the 35 feet maximum height allowance for the Village. The central turret/rotunda feature, which extends to 38.5 feet, is considered an architectural element and is thus permitted by code to exceed the standard height limit, in this case by three and one half feet. In general, through the initial approval process it was determined the proposed building design and site layout are in compliance with the La Quinta Municipal Code and with the La Quinta Village Design Guidelines. In addition, the proposed building's scale and architectural design will accentuate and compliment the adjacent Library building. As the current request for a time extension does not include any amendments to the previously reviewed and approved development plans, and there have been no significant changes to the City's Municipal Code or the Village Design Guidelines that would necessitate a modification of the approved plans, a finding that the proposed time extension is justified by the circumstances of the project can be made. PLANNING COMMISSION ACTION: The Planning Commission reviewed the proposed time extension at its meeting on May 27, 2008, and continued the item to June 10, 2008; directing staff to conduct further research regarding the site's water feature, bicycle parking, and street improvement conditions (Attachment 2). Staff prepared a memorandum for the Planning Commission that clarified the identified items (Attachment 3). At its meeting on June 10, 2008, the Planning Commission unanimously moved to adopt Resolution 2008-017, recommending to the City Council approval of Village Use Permit 2005-032 Extension 1 adding a condition (Condition 53) requiring a bicycle rack be placed on site that can accommodate a minimum of 5 bicycles. PUBLIC NOTICE: This request was published in The Desert Sun newspaper on June 21, 2008, and mailed to all affected property owners and occupants within 500 feet of the proposed project site as required by Section 9.200.1 10 of the La Quinta Municipal Code. No comments have been received as of this report's preparation; any correspondence received interim to the public hearing will be transmitted to the City Council. PUBLIC AGENCY REVIEW: All written comments received are on file with the Planning Department. All applicable agency comments received have been made part of the Conditions of Approval for this case. 3i02 FINDINGS AND ALTERNATIVES: Findings necessary to approve the proposed one-year time extension can be made and are contained in the attached Resolution. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving Village Use Permit 2005-032 Extension 1; or 2. Do not adopt the Resolution approving the extension; or 3. Provide staff with alternative direction. Respectfully subfnitted, Planning Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Project Development Plans 2. Planning Commission Meeting Minutes: June 10, 2008 3. Planning Commission Memorandum: June 10, 2008 CITY COUNCIL RESOLUTION 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF A ONE-YEAR TIME EXTENSION FOR VILLAGE USE PERMIT 2005-032 FOR THE CONSTRUCTION OF A ± 19,433 SQUARE FOOT TWO-STORY OFFICE BUILDING WITH COFFEE HOUSE VILLAGE USE PERMIT 2005-032, Ext. 1 NISPERO PROPERTIES, INC. WHEREAS, the City Council of the City of La Quinta, California, did on the 1" day of July, 2008, hold a Public Hearing to consider a request made by Nispero Properties for the approval of a one-year time extension for Village Use Permit 2005-032 for a ± 19,433 square -feet commercial office building, to include a 935 square -foot coffee bar use, to be located at the northwest corner of Main Street and Avenida La Fonda, more particularly described as: LOT 77, MB 021 /060, DESERT CLUB TRACT UNIT #4 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 10" day of January, 2006, adopt Resolution 2006-002, recommending approval of Village Use Permit 2005-032 to the City Council, subject to recommended conditions; and WHEREAS, the City Council of the City of La Quinta, California, did on the 71" day of February, 2006, adopt Resolution 2006-013, approving Village Use Permit 2005-032, subject to a two-year approval and subject to conditions; and, WHEREAS, the property owner, Nispero Properties, on February 5, 2008, applied for a one-year time extension for Village Use Permit 2005-032; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 10" day of July, 2008, adopt Planning Commission Resolution 2008-017, recommending City Council approval of a one-year time extension for Village Use Permit 2005-032; and WHEREAS, the Planning Department did publish a public hearing notice in The Desert Sun newspaper, on the 21' day of June, 2008, as prescribed by the Municipal Code, with a public hearing; and WHEREAS, said one-year time extension of Village Use Permit application has complied with the requirements of "The Rules to Implement the 3011 City Council Resolution 2008- Village Use Permit 200"32, Ext. # 1 Nispero Properties, Inc. July 1, 2008 Page 2 of 3 California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the initial approval of Village Use Permit 2005-032 by the City Council on February 7, 2006 included a determination that the proposed Village Use Permit was exempt from CEQA review under Guidelines Section 15332 (Infill Development) and there has been no change in circumstances to justify altering said determination; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the City Council did, in accordance with LQMC Section 9.200.080 D, 1, make the following mandatory finding: The proposed one-year time extension for Village Use Permit 2005-032 is justified by the circumstances of the project. Through the initial approval process it was determined the proposed building design and site layout are in compliance with the La Quinta Municipal Code and with the La Quinta Village Design Guidelines. In addition, the proposed building's scale and architectural design will accentuate and compliment the adjacent Library building. As the current request for a time extension does not include any amendments to the previously reviewed and approved development plans and there have been no significant changes to the City's Municipal Code or the Village Design Guidelines that would necessitate a modification of the approved plans. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the finding of the City Council in this case; 2. That it does hereby approve of a one-year time extension for Village Use Permit 2005-032 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this the 1" day of July, 2008, by the following vote, to wit: AYES: r 3U0 City Council Resolution 2008- Village Use Permit 2005-032, Ext. # 1 Nispero Properties, Inc. July 1, 2008 Page 3 of 3 NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California CITY COUNCIL RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2005-032, EXT. 1 NISPERO PROPERTIES, INC. JULY 1, 2008 GENERAL CONDITIONS OF APPROVAL 1. Village Use Permit 2005-032, Extension 1 (VUP 2005-032, Ext. 1) shall be developed in compliance with these conditions and all approved site plan, elevation, color, materials and other approved exhibits submitted for this application, and any subsequent amendment(s). In the event of any conflicts, these conditions shall take precedence. 2. This approval shall expire on February 7, 2009, one year from the date of the initial date of expiration, February 7, 2008, unless extended pursuant to the provisions of Section 9.200.080. 3. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this development application or any application there under. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 4. Prior to the issuance of any permit by the City, the applicant shall obtain the necessary permits and/or clearances from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Green Sheet, (Public Works Clearance) for Building Permits, Improvement and Encroachment Permits • Planning Department • Riverside County Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Southern California Gas Company • Imperial Irrigation District (IID) 307 City Council Resolution 2008- Conditions of Approval — Recommended Village Use Permit 2005-032, Ext. 1 July 1, 2008 • California Water Quality Control Board (CWQCB) • South Coast Air Quality Management District Coachella Valley The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. 5. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls) and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)): 1 3j'3 City Council Resolution 2008- Conditions of Approval — Recommended Village Use Permit 2005-032, Ext. 1 July 1, 2008 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control 3) Wind Erosion Control 4) Tracking Control 5) Non -Storm Water Management 6) Waste Management and Materials Pollution Control E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 6. Handicap access and facilities shall be provided in accordance with Federal (ADA), State and local requirements. Handicap accessible parking shall generally conform to the approved exhibits for VUP 2005-032, Ext. 1. 7. All parking area civil plans and improvements shall be developed in accordance with the standards set forth in applicable portions of Section 9.150.080 of the Zoning Code, and these conditions, which shall take precedence in the event of any conflicts with said Section. Any on -street parking/street improvement plans for Main Street, if submitted, shall be reviewed and approved by the City Engineer as to acceptable design standards. Any deviation from standards as applicable under Section 9.150.080 of the Zoning Code may be approved by the Planning and Public Works Departments, as part of the improvement plan review process. PROPERTY RIGHTS 8. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include 309 City Council Resolution 2008- Conditions of Approval — Recommended Village Use Permit 2005-032, Ext. 1 July 1, 2008 irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over the best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. 9. The applicant shall offer for dedication all public street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 10. The public street rights -of -way offers for dedication required for this Village Use Permit include: A. PUBLIC STREETS 1) Avenida La Fonda (Local Street, 60' ROW) - The standard 30 feet from the centerline of Avenida La Fonda for a total 60-foot ultimate developed right of way. 2) Main Street (Local Street, 50' ROW) - The standard 30 feet from the centerline of Main Street for a total of 50-foot ultimate developed right of way except for an additional right of way dedicated to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 11. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, and common areas shown on the Village Use Permit. 12. Direct vehicular access from any portion of the site with frontage along Avenida La Fonda and Main Street is restricted, except for those access points identified on the approved site plan, or as otherwise conditioned in these conditions of approval. 13. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 33 City Council Resolution 2008- Conditions of Approval — Recommended Village Use Permit 2005-032, Ext. 1 July 1, 2008 14. The applicant shall cause no easements to be granted, or recorded, over any portion of the subject property, between the date of approval of this Village Use Permit and the date of final acceptance of the on -site and off -site improvements for this Village Use Permit, unless such easements are approved by the City Engineer. 15. Upon approval of this Village Use Permit, the applicant shall begin right-of- way vacation of the existing remnant public right-of-way at the corner of Avenida La Fonda and Main Street (Avenida Buena Ventura). IMPROVEMENT PLANS As used throughout these conditions of approval, professional titles such as "engineer", "surveyor", and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 16. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 17. The following improvement plans shall be prepared and submitted for review and approval by the City. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note: the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plans 1 " = 30' Horizontal B. PM10 Plan 1" = 40' Horizontal C. SWPPP 1 " = 40' Horizontal NOTE: A through C to be submitted concurrently. D. On -Site Precise Grading Plans (Commercial Development) 1 " = 20' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. 311 City Council Resolution 2008- Conditions of Approval — Recommended Village Use Permit 2005-032, Ext. 1 July 1, 2008 On -Site Precise Grading Plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, sidewalks, building floor elevations, parking lot improvements and ADA requirements for the parking lot and access to the building; and showing the existing street improvements out to at least the center lines of adjacent existing streets, including ADA accessibility route to surrounding buildings, parking facilities and public streets. 18. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.la-quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 19. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing", "As Built", or "As Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the FOR can make site visits in support of preparing As Built drawings. However, if subsequent approved revisions have been approved by the City Engineer and reflect said "As Built" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. GRADING 20. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 21. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: 3i2 City Council Resolution 2008- Conditions of Approval — Recommended Village Use Permit 2005-032, Ext. 1 July 1, 2008 A. A precise grading plan prepared by a qualified engineer or architect, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16 (Fugitive Dust Control), and D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls)• 22. The applicant shall maintain all open graded, undeveloped land to prevent wind and water erosion of soils. All such land shall be planted with interim landscaping or provided with other erosion control measures as approved by the Public Works Departments under the Fugitive Dust Control Plan. 23. Prior to issuance of the main building permit, the applicant shall provide a lot pad certification, stamped and signed by qualified engineers or surveyor. DRAINAGE 24. Nuisance water shall be retained onsite. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No 06-015 Underground Retention Basin Design Requirements. UTILITIES 25. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 26, Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing, improved streets, the applicant shall comply with trench restoration requirements maintained or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval of the City Engineer. 313 City Council Resolution 2008- Conditions of Approval — Recommended Village Use Permit 2005-032, Ext. 1 July 1, 2008 27. Prior to issuance of any building permit, the applicant shall provide evidence to the Public Works Department, of vacation of the existing 10-foot PUE along the common lot line of lots 68 and 77, along with any relocated easement(s) as may be required. Any in -ground utilities shall be relocated to the satisfaction of the purveyor of record, and the City Engineer STREET AND TRAFFIC IMPROVEMENTS 28. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets. 29. No additional street improvements are required, except for: A. Avenida La Fonda 1) A five-foot wide sidewalk next to the curb along the property boundary with corner improvements and curb ramp per Standard 250 — Case A. B. Main Street 1) A minimum five-foot wide sidewalk next to the curb along the property boundary, to consist of enhanced design materials (e.g. colored/stamped concrete, pavers, etc.) and to include provision for landscaped areas. The sidewalk design shall provide for minimum clearances of 4 feet for ADA accessibility. It is acknowledged that the applicant may submit street improvement plans for Main Street, to accommodate on -street parking along the inside curve (west side), but is not required to do so. Any such improvement plans shall be subject to review and approval by the Planning and Public Works Departments, as specified in Condition 7. Generally, said plans shall be based on a 4-foot curb inset to the west from existing curb line along Main Street, for an 18-foot half -width pavement section, as measured from centerline to gutter flow line, along the project frontage. PARKING LOTS AND ACCESS POINTS 30. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: 3°4 City Council Resolution 2008- Conditions of Approval — Recommended Village Use Permit 2005-032, Ext. 1 July 1, 2008 A. The parking stall and aisle widths and the double hairpin stripe parking stall design. B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. E. Parking stall length shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2-foot overhang for standard parking stalls and 18 feet with a 2-foot overhang for handicapped parking stall or as approved by the City Engineer. One van accessible handicapped parking stall is required per 8 handicapped parking stalls. F. Drive aisles between parking stalls shall be a minimum of 26 feet with access drive aisles to Public Streets a minimum of 30 feet as shown on the Site Development Permit site plan or as approved by the City Engineer. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility routes to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. 31. The applicant shall design parking lot pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b. Loading Areas 6" P.C.C/4" c.a.b. 3i� City Council Resolution 2008- Conditions of Approval — Recommended Village Use Permit 2005-032, Ext. 1 July 1, 2008 32. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 33. General access points and turning movements of traffic are limited to the proposed access driveways on Main Street and Avenida La Fonda. All turn movements are permitted. 34. The entry driveway throat and parking aisle shall be permitted to be constructed as designed on the approved plans, at the depths as shown and 26 feet in width rather than the required 28 feet, as permitted under Section 9.65.030.A.3.a, in order to retain the parking space count of 49 on -site spaces. Use of. wheel stops is not permitted. 35. A total space count of 49 parking stalls, including handicapped parking spaces, shall be provided. A minimum of 16 spaces shall be maintained as covered parking, to be designed and located as required under Section 9.150.080.6.5, LQMC. 36. Design and final location of the two trash enclosures shall be reviewed and approved by Waste Management., with the written and/or stamped plan approval to be submitted during the building plan check process. No permits for these facilities shall be issued without said approval. 37. A minimum four -foot high screen wall shall be provided at the west property line. The wall design shall be consistent with the materials and colors used on the main structure, subject to review and approval by the Planning Department. This shall be shown on the civil and landscape plans as submitted for plan check. LANDSCAPING 38. On -site and off -site (streetscape) landscape, landscape lighting and irrigation plans shall be submitted for approval by the Planning Department. Plans shall be in substantial conformance with the conceptual landscaping as approved for the project by Planning Commission. When plan checking is 316 City Council Resolution 2008- Conditions of Approval — Recommended Village Use Permit 2005-032, Ext. 1 July 1, 2008 complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for final acceptance by the Planning Department. 39. The Silk trees located along the west property line shall be replaced with a non -deciduous (evergreen) variety, to be approved as part of the landscape plan check process. 40. The Phoenix Dactylifera species (Date Palms) to be used shall be purchased from within the Coachella Valley, per the requirement of the Riverside County Agricultural Commissioner. FEES AND DEPOSITS 41. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 42. Provisions shall be made to comply with the terms and requirements of the City's adopted Art in Public Places program in effect at the time of issuance of building permits. 43. Permit(s) issued under this approval shall be subject to the provisions of the Development Impact Fee program in effect at the time said permit(s) are issued. 44. Prior to the issuance of any building permit for the Site, the applicant shall pay the up -front parking fees, in the manner and amount as specified in the Development Agreement for Village Use Permit 2005-032. FIRE PROTECTION 45. Specific fire protection requirements will be determined when final building plans are submitted for review. Final conditions will be addressed when building plans are submitted. A plan check fee must be paid to the Fire Department at the time building plans are submitted. MISCELLANEOUS 46. The applicant shall submit a detailed project area lighting plan. Parking lot lighting is required, and shall meet the criteria set forth in Section 3i7 City Council Resolution 2008- Conditions of Approval — Recommended Village Use Permit 2005-032, Ext. 1 July 1, 2008 9.150.080.K, LQMC. All pole -mounted light standards shall conform to lighting standards as in effect when plans are reviewed. Under canopy lighting for building areas shall incorporate flush lens caps or similar recessed ceiling lighting. The lighting plan shall be submitted for review at the time construction plan check for the permanent building permit is made to Building and Safety. 47. A comprehensive sign program shall be submitted for review and approval by the Planning Commission prior to establishment of any individual tenant signs for the project. Provisions of the sign program shall be in compliance with applicable sections of Chapter 9.160 of the Zoning Code. No signs shall be permitted to be placed on any portion of the roof projections or balcony railings along Main Street, and the west elevation. 48. All roof -mounted mechanical equipment must be internal to the roof design, or screened as an integral part of the roof structure, in a manner so as not to be visible from surrounding properties and streets. Working drawings showing all such equipment and locations shall be submitted to the Building and Safety Department along with the construction plan submittal for building permits. The method and design must be approved by the Planning Department, prior to any issuance of the main structural building permit. 49. The building plans submitted for plan check shall incorporate the following revisions: A. The west elevation for the coffee shop portion of the building shall be modified to lower the stone veneer work, and add arched windows, and/or similar detailing, compatible with the main building. B. Wrought iron railings used on the project shall reflect more of a hand- crafted detailing, similar to the photo exhibit examples in the approved plan set, as opposed to the standard appearance of railings as represented in the architectural renderings and elevations. C. The proposed sign monument shall be reviewed as part of the sign program, as required by Condition 52. The monument shall be similar in design to the photo exhibit example of the fountain, contained in the approved plan exhibits. 50. It is understood by the Applicant that Nispero Properties, Inc, by payment of a deposit in the amount of $5,000 on 12/21 /05, has entered into an Agreement with the City relating to preparation and possible approval of a 3A City Council Resolution 2008- Conditions of Approval — Recommended Village Use Permit 2005-032, Ext. 1 July 1, 2008 Development Agreement for the purpose of clarifying the applicant's parking obligations associated with development of Village Use Permit 2005-032, Extension 1. This Village Use Permit shall not be effective unless and until the Development Agreement has been approved by the City Council and recorded; the applicant further understands that the City Council may choose to reject entering the Development Agreement or modify its contents. While this approval will not be effective until such time as a Development Agreement may become effective, the time limits associated with approval of VUP 2005-032 shall be in effect with respect to expiration, as stated under Condition #2. 51. The permitted office and coffee bar uses shall be limited to those of a general intensity, consistent with the parking ratios of 1 space per 250 s.f. of office and 1 space per 150 s.f. of retail food with ancillary seating. This precludes use of any office space as a medical office use, and retail food with ancillary seating space for sit-down restaurant use, unless shared parking or tenant space reductions are determined to maintain the approved parking ratios for this building, or the Development Agreement is amended to allow payment of per -space fees to increase any use intensity for the project. 52. Use of the coffee bar lease space may be relocated to an alternate ground floor space, oriented toward the center of the main building proximate to the pedestrian entrance from Main Street. Limited unreserved ancillary outdoor seating for coffee bar patrons may be provided in the entry courtyard, whether or not the coffee bar space is relocated. 53. 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O a o O 6 9 E 3 m d w o c Wm 33� Alt't U) > M 331 ATTACHMENT #2 Planning Commission Minutes June 10, 2008 VI. PUBLIC HEARINGS: A. Continued Village Use Permit 2005-032 Extension No. 1; a request of Nispero Properties, Inc. for consideration of a One -Year Time Extension for Construction of a ± 19,433 Square Foot Two -Story Office Building, Located in the La Quinta Village. Chairman Alderson opened the public hearing and asked for the staff report. Assistant Planner Eric Ceja presented the information contained in the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. There being no questions of staff, Chairman Alderson asked if there were any applicant representatives or comments. There being no applicant present Chairman Alderson asked if there was any public comment. There being no public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Commissioner Barrows said the concerns from the last meeting were addressed and moved for approval of the item. Chairman Alderson said he was pleased all the concerns were addressed and thanked Planning Director Les Johnson. Planning Director Johnson said there was specific language on the bike rack included on Page 3 of the cover memo and asked if the Commissioners were including this condition in their approval. Commissioner Barrows said she realized the square footage was smaller than required for this condition and asked if it could be added. Staff replied it was not a requirement, but staff recommended the condition be added. 332 P \CAROLYNTric's Projmts\PC Mins-Nisp= doc Chairman Alderson said, at the last meeting, Commissioner Wilkinson expressed concern about a water feature and asked if that was addressed in the revised conditions. Staff replied there was a provision in the time extension language that all applicable codes which are in effect when the extension is approved are applicable. That would mean, if the time extension were granted, the water feature provision, unless acknowledged and recognized by the Commission would not be a part of the development any longer per the Municipal Code provisions. It requires special consideration of the water features when brought before the Commission. If no is action taken specific to the water feature, based on the Municipal Code, the granting of the time extension would require the water feature be removed as it would no longer be an allowed use. Chairman Alderson asked if that met with Commissioner Wilkinson's approval and he replied it did. There being no further discussion, it was moved and seconded by Commissioners Barrows/Wilkinson to approve Resolution 2008-017 recommending approval of Village Use Permit 2005-032, Extension No. 1, as recommended which included the addition of Condition No. 53 as follows: 53. A minimum of five bicycle parking spaces shall be provided on -site and shall be placed in a shaded location, out of the way of pedestrian flows and shall be provided with a mechanism which permits locking a bicycle onto the rack. ROLL CALL: AYES: Commissioners Barrows, on, and Chairman Alderson. NOES: None. ABSENT: Commissioners Engle and Quill. ABSTAIN: None. 333 ATTACHMENT #3 T4tr444R MEMORANDUM TO: Honorable Chairman and Members of the Planning Commission FROM: Les Johnson, Planning Director DATE: June 10, 2008 RE: VUP 2005-032, Time Extension #1 — Nispero Properties The Planning Commission, at it's meeting on May 27, 2008, continued the above - referenced application until the following Planning Commission meeting (June 10, 2008), and directed staff to complete research regarding the Commission's initial recommendation and subsequently approved Conditions of Approval for this project. Per the Planning Commission's direction the following items were researched and the subsequent information is provided for consideration by the Commission: • Conditions of Approval related to on -street parking and street frontage improvements along Main Street • Water feature compliance with newly adopted City Ordinance • Provision of bike rack facilities On -Street Parking / Street Frontage Conditions The Planning Commission Minutes from January 10, 2006 (Attachment 1) provide insight into the discussion regarding future site conditions along Main Street. Per item 20 of the minutes, the Planning Commission added the following Conditions of Approval: • The street section on Main Street be widened to allow an additional four feet on the half width in order to allow on -street parking in front of the building. • An enhanced sidewalk with associated landscaping shall be installed. • Coffee seating shall be encouraged in the front courtyard area of the building. 334 • Architectural detail shall be added to the rear elevations of the coffee bar. These issues were addressed in the original Conditions of Approval as approved by the City Council and are included in the recommended Conditions of Approval for the requested Time Extension, specifically Conditions 7, 10, 29, 49 and 52. Water Feature Compliance On January 15, 2008, the City Council adopted Ordinance 452 "Water Efficiency" which set standards for water use and conservation within the City. Contained within the Ordinance are specific standards for water feature use. Per the Ordinance all water features shall use re -circulated water and shall be replenished by a non -potable water supply. While the Preliminary Landscape Plan does not include the details regarding the water feature's design and source of water, the Final Landscape Plan will be reviewed for compliance with the new regulations and since this requirement is a now part of the Zoning Code, a special condition is not needed to insure compliance. Provision of Bike Rack The Planning Commission, at it's meeting on May 27, 2008, expressed concern that the project does not include any bicycle racks or dedicated bicycle parking areas. The Village Design Guidelines, under Sections HB Circulation Considerations and HD Accessory Provisions, states that streetscape items such a bicycle racks shall be addressed and facilitated by all private and public development projects. Section 9.150.060.D3, of the La Quinta Municipal Code (LQMC) provides staff with the parameters for requiring bicycle parking as part of a proposed project. Excerpts from that section of code read as follows: D. Parking for Nonresidential Land Uses. 3. Required Bicycle Parking. Bicycle parking shall be provided for certain nonresidential uses in order to encourage the use of bicycles and to mitigate motor vehicle pollution and congestion. The minimum bicycle parking requirements for nonresidential uses are as follows: a. Land uses required to provide bicycle parking; video arcades, bowling alleys, cinemas/movie theaters, commercial recreation, tennis clubs, health clubs, libraries, schools, and skating rinks. b. Churches, clubs/halls, hospitals and restaurants (all categories). c. Office developments greater than twenty-five thousand square feet of gross floor. d. Rate# centers over twenty thousand square feet of gross floor area. 335 e. Bike racks shall be placed in shaded locations, out of the way of pedestrian flows and shopping cart storage and shall be provided with a mechanism which permits locking a bicycle onto the rack. The project size is comprised of approximately 19,000 square feet of office space, which is below the bicycle parking mandate under Section 9.150.060.D3.c. Although the Code does not require bicycle parking for this project, as part of its VUP approval authority, the Planning Commission can condition the project to provide a minimum amount of bicycle parking facilities if it determines such facilities further the enhancement of the Village Design Guidelines and in particular the Guidelines' stated Goal "To Create a design, scale and place that will lend itself to The Village environment." If the Commission so desires, the following condition of approval could be added to its recommendation regarding VUP 2005-032 Time Extension #1. Condition #53 - A minimum of five bicycle parking spaces shall be provided on -site and shall be placed in a shaded location, out of the way of pedestrian flows and shall be provided with a mechanism which permits locking a bicycle onto the rack. Staff will be available at the June 101h meeting to address any further questions the Planning Commission may have. ATTACHMENTS: 1. May 27, 2008 Planning Commission Staff Report with Resolution and Conditions of Approval (updated to reflect new meeting date) 2. Planning Commission Minutes from January 10, 2006. 336