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2008 12 16 CCegry 4 4 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, DECEMBER 16, 2008 3:30 P.M. Closed Session / 4:00 P.M. Open Session Beginning Resolution No. 2008-079 Ordinance No. 464 CALL TO ORDER Roll Call: Council Members: Franklin, Henderson, Kirk, Sniff, and Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CLOSED SESSION NOTE: Time permitting the City Council may conduct Closed Session discussions during the dinner recess. In addition, persons identified as negotiating parties are not invited into the Closed Session meeting when acquisition of real property is considered. 1. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR, DOUGLAS R. EVANS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY IDENTIFIED AS APN: 600-020- 012. PROPERTY OWNER/NEGOTIATOR: URBAN HOUSING COMMUNITIES (UHC) (FORMERLY PROTECH HOLDINGS 123), DAVE BIGLEY. 001 City Council Agenda 1 December 16, 2008 RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. 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 APPROVAL OF MINUTES OF DECEMBER 2, 2008. 2. APPROVAL OF SPECIAL JOINT CITY COUNCIL/COMMISSION MEETING MINUTES OF NOVEMBER 25, 2008. CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. APPROVAL OF DEMAND REGISTER DATED DECEMBER 16, 2008. 2. RECEIVE AND FILE TREASURER'S REPORT DATED OCTOBER 31, 2008. 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED OCTOBER 31, 2008. City Council Agenda 2 December 16, 2008 002 4. ACCEPTANCE OF STATE FUNDING IN THE AMOUNT OF $100,000 FROM THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF). 5. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE EMERGENCY SERVICES COORDINATOR TO ATTEND THE DISASTER PLANNING COURSE SPONSORED BY THE CALIFORNIA SPECIALIZED TRAINING INSTITUTE IN SAN LUIS OBISPO, CALIFORNIA, FEBRUARY 22-27, 2009. 6. APPROVAL OF A REQUEST FOR PROPOSALS (RFP) TO OBTAIN CONSTRUCTION MANAGEMENT SERVICES FOR FIRE STATION 32, PROJECT NO. 2008-03, AND PHASE 1 OF THE CORPORATE YARD, PROJECT NO. 2007-08. 7. APPROVAL OF A REQUEST BY THE NATIONAL LABOR RELATIONS BOARD - REGION 21 TO UTILIZE THE STUDY SESSION ROOM FOR AN ADMINISTRATIVE HEARING ON JANUARY 26-28, 2009 FROM 8:00 A.M. TO 5:00 P.M. 8. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF ONSITE IMPROVEMENTS FOR TRACT MAP 30023-4, TRILOGY, SHEA LA QUINTA, LLC. 9. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF ONSITE IMPROVEMENTS FOR TRACT MAP 30023-5, TRILOGY, SHEA LA QUINTA, LLC. 10. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF OFFSITE IMPROVEMENTS FOR TRACT MAP 30023-5, TRILOGY, SHEA LA QUINTA, LLC. 11. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP 36058-R, STAMKO DEVELOPMENT, CO. 12. APPROVAL OF THE DECLARATION OF SURPLUS PROPERTY. 13. APPROVAL OF ANNUAL DISTRICT INFORMATION SHEETS FOR THE CITY OF LA QUINTA ASSESSMENT DISTRICT NO. 97-1 FOR FISCAL YEAR ENDING JUNE 30, 2008. 14. APPROVAL OF A RECIPIENT FOR THE 2009 SENIOR INSPIRATION AWARD PROGRAM. City Council Agenda 3 December 16, 2008 003 15. APPROVAL OF A CONTRACT WITH SIMON CONTRACTING FOR A SAND VOLLEYBALL COURT AT ADAMS PARK, PROJECT NO. 2008-08. 16. APPROVAL OF SECOND READING OF ORDINANCE NO. 463, AMENDING CHAPTER 2.60 SECTION 2.60.020, RELATING TO THE CITY OF LA QUINTA "CONFLICT OF INTEREST CODE." 17. DENIAL OF CLAIM FOR DAMAGES FILED BY HELPING HANDS OUTREACH - DATE OF EVENT: DECEMBER 2, 2008. 18. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE ASSISTANT CITY MANAGER -MANAGEMENT SERVICES TO ATTEND THE LEAGUE OF CALIFORNIA CITIES 2009 CITY MANAGERS DEPARTMENT MEETING IN MONTEREY, CALIFORNIA, FEBRUARY 4-6, 2009. 19. APPROVAL OF ANNUAL CONTINUING DISCLOSURE FOR THE CITY OF LA QUINTA 2000-1 ASSESSMENT DISTRICT FOR FISCAL YEAR ENDING JUNE 20, 2008. 20. APPROVAL TO INCLUDE STREET IMPROVEMENTS FOR THE NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50 WITHIN THE FISCAL YEAR 2008/2009 CAPITAL IMPROVEMENT PROGRAM (CIP), AND APPROPRIATE FUNDING. 21. ACCEPTANCE OF AVENUE 54 MEDIAN LANDSCAPE IMPROVEMENTS (JEFFERSON STREET TO MADISON STREET), PROJECT NO. 2006-09, AND APPROVE CONTRACT CHANGE ORDER NO. 2. 22. APPROVAL OF THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) AND AUTHORIZATION TO ADVERTISE FOR BID THE PHASE III HIGHWAY 111 STREET IMPROVEMENTS, PROJECT NO. 2006-04. 23. APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS (PSA) WITH VA CONSULTING, INC., BUREAU VERITAS NORTH AMERICA, INC., KFM/WEC ENGINEERING, INC., AND DEAN RYAN CONSULTANTS FOR ON -CALL ENGINEERING PLAN CHECK SERVICES. 24. APPROVAL OF CONTRACT CHANGE ORDER NO. 11 FOR PROJECT NO. 2005-08, CITYWIDE LANDSCAPE MAINTENANCE SERVICES FOR FISCAL YEAR 2008/2009. 25. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH RASA AND RBF FOR ON -CALL ENGINEERING MAP CHECK SERVICES. City Council Agenda 4 December 16, 2008 004 26. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE FINANCE DIRECTOR TO ATTEND THE GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA) 2009 ANNUAL CONFERENCE IN SEATTLE, WASHINGTON, JUNE 28- JULY 1, 2009. 27. ADOPTION OF A RESOLUTION TO TAX DEFER MEMBER PAID CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. 28. ADOPTION OF A RESOLUTION APPROVING A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY AND URBAN HOUSING COMMUNITIES FOR THE PURCHASE OF LAND LOCATED EAST OF DUNE PALMS ROAD, SOUTH OF HIGHWAY 111 MAKING FINDINGS PURSUANT TO HEALTH AND SAFETY CODE 33445 AND CONSENTING TO THE EXPENDITURE OF FUNDS BY THE LA QUINTA REDEVELOPMENT AGENCY FOR THIS ACQUISITION. BUSINESS SESSION `a 3 9 CONSIDERATION OF APPOINTMENT TO COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT. A. MINUTE ORDER ACTION CONSIDERATION TO APPOINT A REPRESENTATIVE TO THE RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE. A. MINUTE ORDER ACTION CONSIDERATION OF REQUEST FOR PROPOSALS (RFP) FOR FISCAL YEAR 2009/2010 PROFESSIONAL MARKETING SERVICES. A. MINUTE ORDER ACTION CONSIDERATION OF CITY COUNCIL APPROVAL TO CLOSE CITY HALL ON DECEMBER 26, 2008, AND JANUARY 2, 2009. A. MINUTE ORDER ACTION 005 City Council Agenda 5 December 16, 2008 5. CONSIDERATION OF REJECTION OF ALL BIDS AND AMENDING THE PROJECT SCOPE FOR THE VILLAGE DESIGN AND STRATEGIC PLAN. 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 (HENDERSON) 6. C.V. CONSERVATION COMMISSION (SNIFF) 7. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (HENDERSON) 8. C.V. MOUNTAINS CONSERVANCY (KIRK) 9. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 10. FRIENDS OF DESERT MOUNTAINS (KIRK) 11. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (FRANKLIN) 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 FREE LIBRARY ADVISORY COMMITTEE 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. INVESTMENT ADVISORY BOARD MINUTES OF NOVEMBER 12, 2008 20. HISTORIC PRESERVATION COMMISSION MINUTES OF AUGUST 21, 2008 21. PLANNING COMMISSION MINUTES OF OCTOBER 28, 2008 DEPARTMENT REPORTS CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. GRANTS UPDATE C. SOLAR ENERGY REPORT PROVIDED BY IMPERIAL IRRIGATION DISTRICT PREPARED BY LINCUS, INC. •• 006 City Council Agenda 6 December 16, 2008 2. CITY ATTORNEY 3. CITY CLERK A. UPCOMING EVENTS AND CITY COUNCIL CALENDAR 4. BUILDING & SAFETY DEPARTMENT REPORT FOR NOVEMBER 2008 5. COMMUNITY SERVICES DEPARTMENT REPORT FOR NOVEMBER 2008 6. FINANCE DEPARTMENT REPORT - NONE 7. PLANNING DEPARTMENT REPORT FOR NOVEMBER 2008 8. PUBLIC WORKS DEPARTMENT REPORT FOR NOVEMBER 2008 9. POLICE DEPARTMENT REPORT FOR NOVEMBER 2008 10. FIRE DEPARTMENT QUARTERLY REPORT - NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE RECESS TO REDEVELOPMENT AGENCY MEETING NO PUBLIC HEARINGS ARE SCHEDULED, THEREFORE, THE CITY COUNCIL WILL ADJOURN AND NOT RECONVENE AT 7:00 P.M. UNLESS THERE ARE ITEMS FROM THE AFTERNOON SESSION THAT HAVE NOT BEEN CONSIDERED, 7:00 P.M. PUBLIC COMMENT PRESENTATIONS - NONE PUBLIC HEARINGS - NONE ADJOURNMENT The next regular meeting of the City Council will be held on January 20, 2009, 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. 007 City Council Agenda 7 December 16, 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 December 16, 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 December 12, 2008. e cember 122008 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 (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting. 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 Calle Tampico, La Quinta, California, 92253, during normal business hours. 008 City Council Agenda 8 December 16, 2008 � T �a(�',irntQ.c 5 cF` OF TKti94. COUNCIL/RDA MEETING DATE: December 16, 2008 ITEM TITLE: Demand Register Dated December 16, 2008 RECOMMENDATION: Approve Demand Register Dated December 16, 2008 BACKGROUND: Prepaid Warrants: 80728 - 80773) 133,707.53 80774) 1,477.78 Voids} 0.00 Wire Transfers} 324,919.03 P/R 35524 - 35539) 239,952.88 P/R Tax Transfers} 65,300.62 Payable Warrants: 80775 - 80884) 2,915,466.02 $3,680,823.86 FISCAL IMPLICATIONS: Demand of Cash - City $3,426,457.36 Remand of Cash - RDA $254,366.50 � ri Lw",-� John M. Falconer, Finance Director AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING 009 CITY OF LA QUINTA BANK TRANSACTIONS 11/26/08 - 12/09/08 11/25/08 WIRE TRANSFER - TASC 11/26/08 WIRE TRANSFER - ICMA 11/26/08 WIRE TRANSFER - PERS 12/03/08 WIRE TRANSFER - HEALTH PREMIUM 11/18/08 WIRE TRANSFER - LANDMARK $1,177 05 $9,856.44 $62,754 63 $97,791 55 $153,339 36 TOTAL WIRE TRANSFER OUT $324,919.03 010 PREPAREDI2/04/2008, 9:52:52 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 1 PROGRAM: GM346L ACCOUNTING PERIOD 2009/06 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 39 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ----------- NO ------------------------------------------------------------------------------------------------------------------------ NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 80728 15 ADT SECURITY SERVICES 001687 12/05/2008 101-3002-451.41-30 238.14 238.14 * 238.14 80729 1571 ALDERSON, ED 001687 12/05/2008 101-6001-463.10-10 200.00 200.00 * 200.00 80730 2807 BARROWS, KATIE 001687 12/05/2008 101-6001-463.10-10 200.00 200.00 * 200.00 80731 4439 BIEGEL, JOAN 001669 12/05/2008 101-3001-451.10-10 75.00 75.00 * 75.00 80732 91 BRODSKY, SHELDON 001670 12/05/2008 101-3001-451.10-10 75.00 75.00 * 75.00 80733 133 CALPERS LONG-TERM CARE PR PR1126 12/05/2008 101-0000-209.49-00 86.88 86.88 * 86.88 80734 268 COACHELLA VALLEY WATER DI 001681 12/05/2008 405-9001-702.32-15 125.00 001687 12/05/2008 405-9001-702.32-15 1,930.55 2,055.55 * 2,055.55 80735 1149 CONRAD, DEBRA 091687 12/05/2008 101-0000-101.00-00 330.00 330.00 * 330.00 80736 4437 DARROCH, ROSEMARIE 001674 12/05/2008 101-3001-451.10-10 75.00 75.00 * 75.00 80737 1235 DEERINGER, TERRY 001694 12/05/2008 101-1004-413.51-19 15.00 001694 12/05/2008 101-1004-413.51-19 42.01 57.01 * 57.01 80738 4713 DEPARTMENT OF TOXIC SUBST 001694 12/05/2008 101-5008-419.43-88 400.00 400.00 * 400.00 80739 3312 EMBASSY SUITES 001687 12/05/2008 401-1770-551.80-04 24,610.39 24,610.39 * 24,610.39 80740 2125 EVANS, DOUG 001694 12/05/2008 245-9001-703.51-01 232.00 001694 12/05/2008 246-9002-703.51-01 232.00 464.00 * 464.00 80741 575 FALCONER, JOHN 001687 12/05/2008 101-1003-413.55-08 100.00 001687 12/05/2008 101-4001-415.51-01 30.00 130.00 * 130.00 80742 4438 FITZPATRICK, KATHLEEN 001675 12/05/2008 101-3001-451.10-10 75.00 i 75.00 * 75.00 , 80743 136 GAS COMPANY, THE 001687 12/05/2008 101-3004-451.41-13 373.73 O F-� N PREPARED12/04/2008, 9:52:32 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 2 PROGRAM: GM346L ACCOUNTING PERIOD 2009/06 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 39 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ------------------------------------------------------------------------------------------------------------------------------------ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 80743 136 GAS COMPANY, THE 001687 12/05/2008 101-3002-451.41-13 113.84 001694 12/05/2008 101-5008-419.41-13 533.37 1,020.94 * 1,020.94 80744 506 GASSMAN, ANDREA 001671 12/05/2008 101-3001-451.10-10 75.00 75.00 * 75.00 80745 367 GENOVESE, THOMAS P 001687 12/05/2008 101-1002-413.51-01 9.25 001687 12/05/2008 101-1002-413.51-01 36.00 45.25 * 45.25 80746 4536 HASMAN, JAN 001687 12/05/2008 101-1004-413.51-19 11000.00 1,000.00 * 11000.00 80747 269 IMPERIAL IRRIGATION DIST 001656 12/05/2008 101-3002-451.41-01 1,706.02 001657 12/05/2008 101-3004-451.41-01 3,967.57 001658 12/05/2008 101-3005-451.40-52 3,748.69 001659 12/05/2008 101-3005-451.40-54 829.01 001660 12/05/2008 101-3005-451.40-56 3,729.18 001661 12/05/2008 101-3005-451.40-60 38.41 001662 12/05/2008 101-3005-451.40-65 18.08 001663 12/05/2008 101-3006-451.41-01 1,663.66 001664 12/05/2008 101-5054-421.41-01 221.34 001665 12/05/2008 101-7003-431.41-01 652.56 001666 12/05/2008 101-7004-431.41-04 1,978.66 001667 12/05/2008 101-7004-431.41-07 1,877.55 001668 12/05/2008 101-7004-431.41-09 13,737.33 001691 12/05/2008 101-7004-431.41-04 4,385.21 001692 12/05/2008 101-7004-431.41-07 1,750.76 001693 12/05/2008 101-3005-451.40-51 6.17 001693 12/05/2008 101-3005-451.40-61 6,105.04 001693 12/05/2008 101-3005-451.40-66 5.66 001693 12/05/2008 101-3005-451.40-62 104.02 001693 12/05/2008 101-5008-419.41-01 11,132.29 001693 12/05/2008 101-5055-422.41-01 932.17 001694 12/05/2008 101-5055-422.41-01 654.56 59,243.94 * 59,243.94 80748 863 IMPERIAL IRRIGATION DIST 001694 12/05/2008 401-1779-551.45-01 7,655.26 7,655.26 * 7,655.26 80749 2535 INSTITUTE OF TRANSPORTATI 001694 12/05/2008 101-7002-431.51-01 304.00 304.00 * 304.00 80750 505 LEIDNER, ROBERT 001672 12/05/2008 101-3001-451.10-10 75.00 75.00 * 75.00 D 80751 1830 LIUNA PR1126 12/05/2008 101-0000-209.80-00 871.00 •' 871.00 * 871.00 O F-" N PREPAREDI2/04/2008, 9:52:32 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 3 PROGRAM: GM346L ACCOUNTING PERIOD 2009/06 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 39 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ------------------------------------------------------------------------------------------------------------------------------------ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 80752 3408 MOGENSEN, ANDREW 001687 12/05/2008 101-6002-463.53-03 450.00 450.00 * 450.00 80753 3598 MUIR, EDWARD C 001694 12/05/2008 101-1004-413.52-02 16,300.00 16,300.00 * 16,300.00 80754 40 NEXTEL COMMUNICATIONS 001690 12/05/2008 101-4002-415.41-25 1,963.45 1,963.45 * 1,963.45 80755 157 POWER STAFFING SOLUTIONS 001687 12/05/2008 101-2001-411.10-05 11156.00 001687 12/05/2008 101-2001-411.10-05 1,156.00 2,312.00 * 2,312.00 80756 443 PUENTE, MARIA 001678 12/05/2008 101-6001-463.10-10 75.00 75.00 * 75.00 80757 3927 QUILL, DORI 001673 12/05/2008 101-3001-451.10-10 75.00 75.00 * 75.00 80758 95 QUILL, PAUL 001687 12/05/2008 101-6001-463.10-10 200.00 200.00 * 200.00 80759 3755 REDMON, PEGGY ANNETTE 001677 12/05/2008 101-6001-463.10-10 75.00 75.00 * 75.00 80760 445 SHARP, ARCHIE 001679 12/05/2008 101-6001-463.10-10 75.00 75.00 * 75.00 80761 3020 TELEPACIFIC COMMUNICATION 001694 12/05/2008 101-4002-415.41-22 412.57 001694 12/05/2008 101-4002-415.41-22 774.23 001694 12/05/2008 101-4002-415.41-22 38.42 001694 12/05/2008 101-4002-415.41-22 1,944.69 001694 12/05/2008 101-3001-451.33-13 39.27 001694 12/05/2008 101-3005-451.40-04 38.42 001694 12/05/2008 101-7004-431.41-19 38.42 001694 12/05/2008 101-7004-431.41-19 38.42 001694 12/05/2008 101-3005-451.43-59 192.10 001694 12/05/2008 101-3006-451.41-22 38.42 001694 12/05/2008 101-4002-415.41-22 230.52 001694 12/05/2008 101-5054-421.41-22 118.66 3,904.14 * 3,904.14 80762 56 TIME WARNER CABLE 001687 12/05/2008 502-0000-512.30-03 714.06 714.06 * 714.06 80763 4621 TOWER ENERGY GROUP 001694 12/05/2008 501-0000-511.43-34 2,065.78 2,065.78 * 2,065.78 ' 80764 63 UNITED WAY OF THE DESERT PR1126 12/05/2008 101-0000-209.81-00 88.00 88.00 * 88.00 PREPAREDI2/04/2008, 9:52:32 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 4 PROGRAM: GM346L ACCOUNTING PERIOD 2009/06 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 39 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ------------------------------------------------------------------------------------------------------------------------------------ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 80765 2290 VERIZON CALIFORNIA 001446 12/05/2008 101-4002-415.41-22 86.95 001447 12/05/2008 101-4002-415.41-22 551.15- 001448 12/05/2008 101-4002-415.41-22 87.94 001449 12/05/2008 101-3005-451.43-59 41.09 001450 12/05/2008 101-4002-415.41-22 35.48 001585 12/05/2008 101-7004-431.41-04 173.89 001585 12/05/2008 101-7004-431.41-04 34.61 001687 12/05/2008 101-4002-415.41-22 279.12 001694 12/05/2008 101-5054-421.43-62 472.95 001695 12/05/2008 101-4002-415.41-22 93.04 753.92 * 753.92 80766 2259 VERIZON WIRELESS 001690 12/05/2008 101-4002-415.41-25 1,978.70 1,978.70 * 1,978.70 80767 1742 VISION SERVICE PLAN - (CA 001687 12/05/2008 101-0000-209.45-00 1,712.10 1,712.10 * 1,712.10 80768 1646 WEBER, MARK D. 001687 12/05/2008 101-6001-463.10-10 200.00 200.00 * 200.00 80769 4714 WHEELER, KAREN 001694 12/05/2008 101-1004-413.51-19 100.00 100.00 * 100.00 80770 124 WILBUR, ALLAN 001680 12/05/2008 101-6001-463.10-10 75.00 75.00 * 75.00 80771 3932 WILKINSON, ROBERT WALTER 001687 12/05/2008 101-6001-463.10-10 200.00 200.00 * 200.00 80772 4401 WILLDAN FINANCIAL SERVICE 001685 12/05/2008 735-0000-234.10-00 148.18 001686 12/05/2008 740-0000-234.10-00 804.84 953.02 * 953.02 80773 444 WRIGHT, ROBERT 001676 12/05/2008 101-6001-463.10-10 75.00 75.00 * 75.00 BANK/CHECK TOTAL 133,707.53 133,707.53 ALL BANKS/CHECKS TOTAL 135,707.53 133,707.53 O F- .p PREPARED 12/04/2008, 9:31:56 EXPENDITURE APPROVAL LIST PAGE 1 PROGRAM: GH339L AS OF: 12/05/2008 CHECK DATE: 12/05/2008 CITY OF LA QUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO VENDOR NAME EFT OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0000015 ADT SECURITY SERVICES 82412102 001687 00 12/05/2008 101-3002-451.41-30 SECURITY SVC-SR CTR 238.14 VENDOR TOTAL * 238.14 0001571 ALDERSON, ED NOV'08 001687 00 12/05/2008 101-6001-463.10-10 PLANNING COMM MTG 200.00 VENDOR TOTAL ■ 200.00 0002807 BARROWS, KATIE NOV'08 001687 00 12/05/2008 101-6001-463.10-10 PLANNING COMM MTG 200.00 VENDOR TOTAL ■ 200.00 0004439 BIEGEL, JOAN NOV'08 001669 00 12/05/2008 101-3001-451.10-10 COMMUNITY SVC COMM 75.00 VENDOR TOTAL r 75.00 0000091 BRODSKY, SHELDON NOV'08 001670 00 12/05/2008 101-3001-451.10-10 COMMUNITY SVC COMM 75.00 VENDOR TOTAL x 75.00 0000133 CALPERS LONG-TERM CARE PROGRAM 20081126 PR1126 00 11/26/2008 101-0000-209.49-00 PAYROLL SUMMARY 86.88 VENDOR TOTAL * 86.88 0000022 COW GOVERNMENT INC MDC4062 001156 00 11/10/2008 101-3002-451.56-02 OPERATING SUPPLIES 419.53 MJR0965 001564 00 11/25/2008 101-3006-451.71-01 PRINTER - MUSEUM 516.48 LWF9668 001018 00 10/28/2008 101-5054-421.71-01 SOFTWARE -POLICE 26.18 MHC0724 001427 00 11/25/2008 101-7001-431.56-01 PRIVACY SCREENS 324.04 LZL9447 001018 00 10/28/2008 502-0000-512.71-01 RETURN CREDIT 3,155.13- MFZ1090 001226 00 11/10/2008 502-0000-512.56-22 COMPUTER SUPPLIES 300.67 VENDOR TOTAL * 1,568.23- 0000268 COACHELLA VALLEY WATER DIST 1929063293 001681 00 12/05/2008 405-9001-702.32-15 WATER-SILVERROCK 125.00 10715490 001687 00 12/05/2008 405-9001-702.32-15 WATER SVC-SRR 11930.55 VENDOR TOTAL * 2,055.55 0001149 CONRAD, DEBRA 120208 001687 00 12/05/2008 101-0000-101.00-00 DIR DEPOSIT FUNDS 330.00 VENDOR TOTAL ■ 330.00 0004437 DARROCH, ROSEMARIE NOV'08 001674 00 12/05/2008 101-3001-451.10-10 COMMUNITY SVC COMM 75.00 VENDOR TOTAL * 75.00 0001235 DEERINGER, TERRY 120308 001694 00 12/05/2008 101-1004-413.51-19 BQT PRIZE REIMB 15.00 120308 001694 00 12/05/2008 101-1004-413.51-19 25YR GIFT BSKT 42.01 VENDOR TOTAL ■ 57.01 000'4713 DEPARTMENT OF TOXIC SUBSTANCES CTRL C7 1-" GJl PREPARED 12/04/2008, 9:31:56 EXPENDITURE APPROVAL LIST PAGE 2 PROGRAM: GM339L AS OF: 12/05/2008 CHECK DATE: 12/05/2008 CITY OF LA QUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO VENDOR NAME EFT OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0004713 DEPARTMENT OF TOXIC SUBSTANCES CTRL EPA FEES 001694 00 12/05/2008 101-5008-419.43-88 CIVIC CTR/CITY YARD 400.00 VENDOR TOTAL * 400.00 0003312 EMBASSY SUITES 120208 001687 00 12/05/2008 401-1770-551.80-04 1ST QTR TOT 24,610.59 VENDOR TOTAL * 24,610.39 0002125 EVANS, DOUG CRA CONF 001694 00 12/05/2008 245-9001-703.51-01 AIRFARE/MEALS-EVANS 232.00 CRA CONF 001694 00 12/05/2008 246-9002-703.51-01 AIRFARE/MEALS-EVANS 232.00 VENDOR TOTAL * 464.00 0000575 FALCONER, JOHN FLOWERS 001687 00 12/05/2008 101-1003-413.55-08 USTOA RECETION 100.00 LUNCHEON 001687 00 12/05/2008 101-4001-415.51-01 FINANCIAL STATEMENTS 30.00 VENDOR TOTAL * 130.00 0004438 FITZPATRICK, KATHLEEN NOV'08 001675 00 12/05/2008 101-3001-451.10-10 COMMUNITY SVC COMM 75.00 VENDOR TOTAL * 75.00 0000136 GAS COMPANY, THE 09422738006 001687 00 12/05/2008 101-3002-451.41-13 GAS SVC 113.84 15294440449 001687 00 12/05/2008 101-3004-451.41-13 GAS SVC-LIBRARY 373.73 02692565001 001694 00 12/05/2008 101-5008-419.41-13 GAS -CIVIC CTR 533.37 VENDOR TOTAL * 1,020.94 0000506 GASSMAN, ANDREA NOV'08 001671 00 12/05/2008 101-3001-451.10-10 COMMUNITY SVC COMM 75.00 VENDOR TOTAL * 75.00 0000367 GENOVESE, THOMAS P LUNCHEON 001687 00 12/05/2008 101-1002-413.51-01 AGENDA-HENDERSON 9.25 LUNCHEON 001687 00 12/05/2008 101-1002-413.51-01 AGENDA-HENDERSON 36.00 VENDOR TOTAL * 45.25 0004536 HASMAN, JAN 120508 001687 00 12/05/2008 101-1004-413.51-19 EMP BANQUET BAND 11000.00 VENDOR TOTAL * 11000.00 0000269 IMPERIAL IRRIGATION DIST 50014663 001656 00 12/05/2008 101-3002-451.41-01 ELECTRIC SVC 1,706.02 50315886 001657 00 12/05/2008 101-3004-451.41-01 ELECTRIC SVC 3,967.57 50210171 001658 00 12/05/2008 101-3005-451.40-52 ELECTRIC SVC 3,748.69 112508 001659 00 12/05/2008 101-3005-451.40-54 ELECTRIC SVC 829.01 50076355 001660 00 12/05/2008 101-3005-451.40-56 ELECTRIC SVC 3,729.18 �i0014549 001661 00 12/05/2008 101-3005-451.40-60 ELECTRIC SVC 38.41 50059934 001662 00 12/05/2008 101-3005-451.40-65 ELECTRIC SVC 18.08 50435874 001693 00 12/05/2008 101-3005-451.40-51 ELECTRIC SVC 6.17 C7 Q) PREPARED 12/04/2008, 9:31:56 EXPENDITURE APPROVAL LIST PAGE 3 PROGRAM: GM339L AS OF: 12/05/2008 CHECK DATE: 12/05/2008 CITY OF LA QUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO VENDOR NAME EFT OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0000269 IMPERIAL IRRIGATION DIST VARIOUS 001693 00 12/05/2008 101-3005-451.40-61 ELECTRIC SVC 6,105.04 50148040 001693 00 12/05/2008 101-3005-451.40-66 ELECTRIC SVC 5.66 50014729 001693 00 12/05/2008 101-3005-451.40-62 ELECTRIC SVC 104.02 50422540 001663 00 12/05/2008 101-3006-451.41-01 ELECTRIC SVC 1,663.66 50014539 001693 00 12/05/2008 101-5008-419.41-01 ELECTRIC -CIVIC CTR 11,132.29 VARIOUS 001664 00 12/05/2008 101-5054-421.41-01 ELECTRIC SVC 221.34 50315942 001693 00 12/05/2008 101-5055-422.41-01 ELECTRIC -FIRE ST#93 932.17 50315940 001694 00 12/05/2008 101-5055-422.41-01 ELECTRIC-ST#70 654.56 VARIOUS 001665 00 12/05/2008 101-7003-431.41-01 ELECTRIC SVC 652.56 VARIOUS 001666 00 12/05/2008 101-7004-431.41-04 ELECTRIC SVC 1,978.66 VARIOUS 001667 00 12/05/2008 101-7004-431.41-07 ELECTRIC SVC 1,877.55 VARIOUS 001668 00 12/05/2008 101-7004-431.41-09 ELECTRIC SVC 13,737.33 VARIOUS 001691 00 12/05/2008 101-7004-431.41-04 MOBILE PHONES 4,385.21 VARIOUS 001692 00 12/05/2008 101-7004-431.41-07 MOBILE PHONES 1,750.76 VENDOR TOTAL 59,243.94 0000863 IMPERIAL IRRIGATION DIST 3144393 001694 00 12/05/2008 401-1779-551.45-01 CSP4011392-78314 FREDWRN 7,655.26 VENDOR TOTAL w 7,655.26 0002535 INSTITUTE OF TRANSPORTATION ENG WIMMER 001694 00 12/05/2008 101-7002-431.51-01 MEMBERSHIP DUES 304.00 VENDOR TOTAL * 304.00 0000505 LEIDNER, ROBERT NOV'08 001672 00 12/05/2008 101-3001-451.10-10 COMMUNITY SVC COMM 75.00 VENDOR TOTAL ■ 75.00 0001830 LIUNA 20081126 PR1126 00 11/26/2008 101-0000-209.80-00 PAYROLL SUMMARY 871.00 VENDOR TOTAL * 871.00 0003408 MOGENSEN, ANDREW 9616829 001687 00 12/05/2008 101-6002-463.53-03 AICP APP FILING FEES 450.00 VENDOR TOTAL ■ 450.00 0005598 MUIR, EDWARD C _ MUIR 001694 00 12/05/2008 101-1004-413.52-02 AGREEMENT 16,300.00 VENDOR TOTAL * 16,300.00 0000040 NEXTEL COMMUNICATIONS 916525027-076 001690 00 12/05/2008 101-4002-415.41-25 MOBILE PHONES 1,963.45 VENDOR TOTAL * 1,963.45 0000157 POWER STAFFING SOLUTIONS INC 27408 001687 00 12/05/2008 101-2001-411.10-05 TEMP STAFFING 1,156.00 9i 445 001687 00 12/05/2008 101-2001-411.10-05 TEMP STAFFING 1,156.00 '- VENDOR TOTAL 2,312.00 0000443 PUENTE, MARIA O N PREPARED 12/04/2008, 9:31:56 EXPENDITURE APPROVAL LIST PAGE 4 PROGRAM: GM339L AS OF: 12/05/2008 CHECK DATE: 12/05/2008 CITY OF LA QUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO VENDOR NAME EFT OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0000443 PUENTE, MARIA NOV'08 001678 00 12/05/2008 0003927 QUILL, DORI NOV'08 001673 00 12/05/2008 0000095 QUILL, PAUL NOV'08 001687 00 12/05/2008 0005755 REDMON, PEGGY ANNETTE NOV108 001677 00 12/05/2008 0000445 SHARP, ARCHIE NOV'08 001679 00 12/05/2008 0003020 TELEPACIFIC COMMUNICATIONS 9456510-0 001694 00 12/05/2008 9456510-0 001694 00 12/05/2008 9456510-0 001694 00 12/05/2008 9456510-0 001694 00 12/05/2008 9456510-0 001694 00 12/05/2008 9456510-0 001694 00 12/05/2008 9456510-0 001694 00 12/05/2008 9456510-0 001694 00 12/05/2008 9456510-0 001694 00 12/05/2008 9456510-0 001694 00 12/05/2008 9456510-0 001694 00 12/05/2008 9456510-0 001694 00 12/05/2008 0000056 TIME WARNER CABLE 0178583 001687 00 12/05/2008 0004621 TOWER ENERGY GROUP 9718352-IN 001694 00 12/05/2008 0000063 UNITED WAY OF THE DESERT 20081126 PR1126 00 11/26/2008 0002290 VERIZON CALIFORNIA 3A5-2951 001449 00 11/21/2008 777-1222 001446 00 11/21/2008 101-6001-463.10-10 HISTORICAL PRESERVATION VENDOR TOTAL ■ 101-3001-451.10-10 COMMUNITY SVC COMM VENDOR TOTAL * 101-6001-463.10-10 PLANNING COMM MTG VENDOR TOTAL ■ 101-6001-463.10-10 HISTORICAL PRESERVATION VENDOR TOTAL r 101-6001-463.10-10 HISTORICAL PRESERVATION VENDOR TOTAL 101-3001-451.33-13 FRITZ FURNS POOL 101-3005-451.40-04 FRITZ FURNS IRRIG 101-3005-451.43-59 LQ PARK 101-3006-451.41-22 MUSEUM ALARM 101-4002-415.41-22 PHONE SVC 101-4002-415.41-22 PHONE SVC 101-4002-415.41-22 78106 FRANCIS HACK 101-4002-415.41-22 PHONE SVC 101-4002-415.41-22 PHONE SVC 101-5054-421.41-22 PHONE SVC 101-7004-431.41-19 78198 CLOUD VIEW 101-7004-431,41-19 46211 WASHINGTON VENDOR TOTAL x 502-0000-512.30-03 INTERNET ACCESS VENDOR TOTAL * 501-0000-511.43-34 FUEL VENDOR TOTAL ■ 101-0000-209.81-00 PAYROLL SUMMARY VENDOR TOTAL * 101-3005-451.43-59 LQ PARK PHONE SVC 101-4002-415.41-22 DSL - PHONE SVC 75.00 75.00 75.00 75.00 200.00 200.00 75.00 75.00 75.00 75.00 39.27 38.42 192.10 38.42 412.57 774.23 38.42 1,944.69 230.52 118.66 38.42 38.42 3,904.14 714.06 714.06 2,065.78 2,065.78 88.00 88.00 41.09 86.95 •. PREPARED 12/04/2008, 9:31:56 EXPENDITURE APPROVAL LIST PAGE 5 PROGRAM: GM339L AS OF: 12/05/2008 CHECK DATE: 12/05/2008 CITY OF LA QUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO VENDOR NAME EFT OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0002290 VERIZON CALIFORNIA 564-9171 001447 00 11/21/2008 101-4002-415.41-22 PHONE SVC DISCONNECTED 551.15- 345-1471 001448 00 11/21/2008 101-4002-415.41-22 PHONE SVC 87.94 771-0231 001450 00 11/21/2008 101-4002-415.41-22 WASH/EISEN MEDIAN 35.48 564-9188 001687 00 12/05/2008 101-4002-415.41-22 SR CTR PAYPHONE 279.12 564-9188 001695 00 12/05/2008 101-4002-415.41-22 SR CTR PAYPHONE 93.04 UHO-2778 001694 00 12/05/2008 101-5054-421.43-62 SHERIFF SUBSTATION 472.95 360-5653 001585 00 11/25/2008 101-7004-431.41-04 TRAFFIC SIGNAL 173.89 771-9713 001585 00 11/25/2008 101-7004-431.41-04 HWY 111/WASHINGTON 34.61 VENDOR TOTAL * 753.92 0002259 VERIZON WIRELESS 0708490046 001690 00 12/05/2008 101-4002-415.41-25 MOBILE PHONES 1,978.70 VENDOR TOTAL * 1,978.70 0001742 VISION SERVICE PLAN - (CA) 001019440001 001687 00 12/05/2008 101-0000-209.45-00 VISION INS-DEC'08 1,712.10 VENDOR TOTAL * 1,712.10 0001646 WEBER, MARK D. NOV'08 001687 00 12/05/2008 101-6001-463.10-10 PLANNING COMM MTG 200.00 VENDOR TOTAL * 200.00 0002100 WESTERN POWER 8 EQUIPMENT CORP X77259 001422 00 11/25/2008 501-0000-511.43-46 SWEEPER # 29 711.33 X77085 001423 00 11/25/2008 501-0000-511.43-46 SWEEPER # 29 1,035.50- VENDOR TOTAL * 324.17- 0004714 WHEELER, KAREN LQ HIGH 001694 00 12/05/2008 101-1004-413.51-19 PHOTOS-EE BQT 100.00 VENDOR TOTAL * 100.00 0000124 WILBUR, ALLAN NOV'08 001680 00 12/05/2008 101-6001-463.10-10 HISTORICAL PRESERVATION 75.00 VENDOR TOTAL * 75.00 0003932 WILKINSON, ROBERT WALTER NOV'08 001687 00 12/05/2008 101-6001-463.10-10 PLANNING COMM MTG 200.00 VENDOR TOTAL * 200.00 0004401 WILLDAN FINANCIAL SERVICES 47942 001685 00 12/05/2008 735-0000-234.10-00 AD ADMIN FEES 148.18 47942 001686 00 12/05/2008 740-0000-234.10-00 AD ADMIN FEES 804.84 VENDOR TOTAL * 953.02 0000444 WRIGHT, ROBERT NOV'08 001676 00 12/05/2008 101-6001-463.10-10 HISTORICAL PRESERVATION 75.00 'i VENDOR TOTAL * 75.00 TOTAL EXPENDITURES **** 131,815.13 PREPARED 12/04/2008, 9:31:56 EXPENDITURE APPROVAL LIST PAGE 6 PROGRAM: GM339L AS OF: 12/05/2008 CHECK DATE: 12/05/2008 CITY OF LA QUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO VENDOR NAME EFT OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0000444 GRAND TOTAL ■*>>* O fV O 131,815.13 PREPARED 12/04/08, 9:31:57 UNAPPLIED ACCOUNTS PAYABLE CREDITS PAGE 1 PROGRAM GM342V CITY OF LA QUINTA, CALIFORNIA ____________________________________________________________________________________________________________________________________ VENDOR NUMBER VENDOR NAME BANK CODE AMOUNT ____________________________________________________________________________________________________________________________________ 22 COW GOVERNMENT INC 00 1,568.23- 2100 WESTERN POWER & EQUIPMENT CORP 00 324.17- PREPAREDI2/04/2008, 10:11:08 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 1 PROGRAM: GM346L ACCOUNTING PERIOD 2009/06 CITY OF LA OUINTA, CALIFORNIA REPORT NUMBER 40 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ------------------------------------------------------------------------------------------------------------------------------------ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 80774 1529 HAYWARD TILTON d ROLAPP I 001696 12/05/2008 101-1004-413.52-04 236.15 001697 12/05/2008 101-1004-413.52-04 1,241.63 1,477.78 ■ 1,477.78 BANK/CHECK TOTAL 1,477.78 ALL BANKS/CHECKS TOTAL 1,477.78 CD IV N 1,477.78 1,477.78 PREPARED 12/04/2008, 10:04:43 EXPENDITURE APPROVAL LIST PAGE 1 PROGRAM: GM339L AS OF: 12/05/2008 CHECK DATE: 12/05/2008 CITY OF LA QUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO VENDOR NAME EFT OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0000022 COW GOVERNMENT INC MDC4062 001156 00 11/10/2008 101-3002-451.56-02 OPERATING SUPPLIES 419.53 MJR0965 001564 00 11/25/2008 101-3006-451.71-01 PRINTER - MUSEUM 516.48 LWF9668 001018 00 10/28/2008 101-5054-421.71-01 SOFTWARE -POLICE 26.18 MHC0724 001427 00 11/25/2008 101-7001-431.56-01 PRIVACY SCREENS 324.04 LZL9447 001018 00 10/28/2008 502-0000-512.71-01 RETURN CREDIT 3,155.13- MFZ1090 001226 00 11/10/2008 502-0000-512.56-22 COMPUTER SUPPLIES 300.67 VENDOR TOTAL * 1,568.23- 0001529 HAYWARD TILTON & ROLAPP INS ASSOC 253397 001696 00 12/05/2008 101-1004-413.52-04 LIBRARY CONTENTS 236.15 253398 001697 00 12/05/2008 101-1004-413.52-04 LIBRARY CONTENTS 1,241.63 VENDOR TOTAL * 1,477.78 0002100 WESTERN POWER & EQUIPMENT CORP X77259 001422 00 11/25/2008 501-0000-511.43-46 SWEEPER # 29 711.33 X77085 001423 00 11/25/2008 501-0000-511.43-46 SWEEPER # 29 1,035.50- VENDOR TOTAL * 324.17- TOTAL EXPENDITURES **** 414.62- GRAND TOTAL ******************** 414.62- O N W PREPAREDI2/09/2008, 10:09:27 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 1 PROGRAM: GM346L ACCOUNTING PERIOD 2009/06 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 41 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ------------------------------------------------------------------------------------------------------------------------------------ NO NAME NO NO ACCOUNT CNET OF DISC/RETAIN) TOTAL 80775 2 ACE HARDWARE 001756 12/09/2008 101-5008-419.43-88 134.09 134.09 134.09 80776 2994 ADVANCED, INC. 001799 12/09/2008 101-5008-419.42-15 4,442.05 001800 12/09/2008 101-5054-421.42-15 445.63 001801 12/09/2008 101-7003-431.42-15 488.93 001802 12/09/2008 101-3002-451.42-15 11501.51 001803 12/09/2008 101-3005-451.42-15 1,720.60 001804 12/09/2008 101-3004-451.42-15 2,003.13 001805 12/09/2008 101-3006-451.42-15 1,383.60 11,785.45 * 11,785.45 80777 4514 ALVAREZ, MARIA PILAR 001699 12/09/2008 101-3002-451.33-43 506.80 506.80 * 506.80 80778 296 AMERICAN FORENSIC NURSES 001630 12/09/2008 101-5054-421.36-31 39.50 001811 12/09/2008 101-5054-421.36-31 197.50 237.00 * 237.00 80779 3428 APCO 001730 12/09/2008 101-5056-425.53-03 69.00 001798 12/09/2008 101-4002-415.41-25 31010.00 3,079.00 * 3,079.00 80780 4715 BAHARIA, MARLA 001701 12/09/2008 101-3000-342.10-00 30.00 30.00 * 30.00 80781 1500 BOARD OF EQUALIZATION 001702 12/09/2008 101-3002-451.56-02 18.00 001703 12/09/2008 101-7001-431.53-01 40.00 001704 12/09/2008 101-7004-431.56-52 47.00 001705 12/09/2008 101-5056-425.56-31 15.00 001706 12/09/2008 101-5006-426.56-28 5.00 001707 12/09/2008 101-3006-451.71-02 39.00 001708 12/09/2008 101-3005-451.56-52 46.00 001709 12/09/2008 101-0000-203.04-00 11.00 001710 12/09/2008 101-3001-451.33-04 160.00 381.00 * 381.00 80782 3274 BODDEN, RENATE 001699 12/09/2008 101-3002-451.33-43 280.00 280.00 * 280.00 80783 3593 BROOKS PRINTING IMPRESSIO 001726 12/09/2008 101-1004-413.56-01 441.13 441.13 * 441.13 80784 19 CADET UNIFORM SERVICE 001612 12/09/2008 101-7003-431.44-07 100.00 001613 12/09/2008 101-7004-431.44-07 23.86 001757 12/09/2008 101-7003-431.44-07 80.00 001758 12/09/2008 101-7004-431.44-07 25.86 229.72 * 229.72 ,P0785 3998 CALIFORNIA ANIMAL CONTROL 001807 12/09/2008 101-5006-426.53-03 150.00 O IV PREPAREDI2/09/2008, 10:09:27 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 2 PROGRAM: GM346L ACCOUNTING PERIOD 2009/06 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 41 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ------------------------------------------------------------------------------------------------------------------------------------ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 80785 3998 CALIFORNIA ANIMAL CONTROL 150.00 * 150.00 80786 449 CALIFORNIA CONTRACTORS SU 001739 12/09/2008 101-7003-431.56-52 336.44 336.44 * 336.44 80787 20 CAPUTO, R HEIM/TLC DOG TR 001699 12/09/2008 101-3002-451.33-43 140.00 140.00 a 140.00 80788 149 CARDINAL PROMOTIONS 001759 12/09/2008 101-3003-451.56-02 59.05 59.05 * 59.05 80789 4719 CARLIN, GERALD S 001827 12/09/2008 101-5000-351.01-00 200.00 200.00 m 200.00 80790 21 CARQUEST 001732 12/09/2008 501-0000-511.43-40 9.02 001733 12/09/2008 501-0000-511.43-40 131.01 001734 12/09/2008 501-0000-511.43-40 6.01 146.04 * 146.04 80791 947 CASSEL, LLORA 001699 12/09/2008 101-3003-451.33-43 112.00 112.00 ■ 112.00 80792 22 COW GOVERNMENT INC 001018 12/09/2008 502-0000-512.71-01 3,155.13- 001018 12/09/2008 101-5054-421.71-01 26.18 001156 12/09/2008 101-3002-451.56-02 419.53 001226 12/09/2008 502-0000-512.56-22 300.67 001427 12/09/2008 101-7001-431.56-01 324.04 001564 12/09/2008 101-3006-451.71-01 516.48 001599 12/09/2008 101-3006-451.56-25 1,504.92 001600 12/09/2008 502-0000-512.56-25 6,164.10 001601 12/09/2008 502-0000-512.56-25 26.94 001602 12/09/2008 502-0000-512.71-01 3,155.13 9,282.86 ■ 9,282.86 80793 2298 CENTRAL SECURITY SERVICES 001701 12/09/2008 101-3004-451.41-30 29.00 001701 12/09/2008 101-3004-451.41-30 86.00 115.00 * 115.00 80794 4115 CHECKMATE TELEPHONE EXCHA 001806 12/09/2008 101-5006-426.51-07 176.53 176.53 ■ 176.53 80795 1647 CITY CLERKS ASSOC OF CALI 001644 12/09/2008 101-2001-411.53-03 120.00 120.00 * 120.00 80796 140 COACHELLA VALLEY PRINTING 001684 12/09/2008 101-4001-415.53-01 529.71 529.71 * 529.71 80797 733 COLAROSSI, ANTHONY 001591 12/09/2008 101-7002-431.51-01 84.24 84.24 • 84.24 CD N CTI PREPAREDI2/09/2008, 10:09:27 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 3 PROGRAM: GM346L ACCOUNTING PERIOD 2009/06 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 41 BANK 00 WELLS FARGO BANK ____________________________________________________________________________________________________________________________________ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ____________________________________________________________________________________________________________________________________ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 80798 4573 COMM HEALTH AGENCY -AP 001725 12/09/2008 101-5006-426.51-07 17,767.76 17,767.76 * 17,767.76 80799 4717 COULIN, CHRISTA 001826 12/09/2008 101-3000-342.70-00 30.00 30.00 * 30.00 80800 3033 DATA TICKET, INC. 001731 12/09/2008 101-5004-424.31-19 516.75 516.75 * 516.75 80801 1595 DEPARTMENT OF CONSUMER AF 001611 12/09/2008 101-7001-431.53-03 125.00 125.00 * 125.00 80802 112 DEPARTMENT OF JUSTICE 001642 12/09/2008 101-5054-421.36-31 210.00 210.00 * 210.00 80803 594 DESERT CITIES CATERING 001593 12/09/2008 101-3002-451.56-02 1,810.20 1,810.20 * 1,810.20 80804 26 DESERT ELECTRIC SUPPLY 001615 12/09/2008 101-7004-431.56-52 885.13 001749 12/09/2008 101-7004-431.56-52 11.30 001749 12/09/2008 101-7004-431.56-52 420.43 1,316.86 * 1,316.86 80805 1661 DESERT FOUNTAIN GAS SUPPL 001825 12/09/2008 101-3003-451.51-33 8.00 8.00 * 8.00 80806 389 DUNHAM, KATHY 001700 12/09/2008 101-3002-451.33-43 95.20 95.20 * 95.20 80807 1113 ENVIRONMENTAL PRODUCTS & 001688 12/09/2008 405-9001-702.32-15 11800.00 001688 12/09/2008 405-9001-702.32-15 31000.00 001688 12/09/2008 405-9001-702.32-15 3,420.00 001688 12/09/2008 405-9001-702.32-15 2,400.00 10,620.00 * 10,620.00 80808 4499 EVANS & ASSOCIATES, DAVID 001617 1224 12/09/2008 101-7001-431.32-07 686.00 001618 1232 12/09/2008 401-1797-551.35-07 1,015.92 1,701.92 * 1,701.92 80809 940 FUELMAN 001735 12/09/2008 501-0000-511.43-34 478.68 478.68 * 478.68 80810 4720 GARDNER POOL PLASTERING I 001827 12/09/2008 101-3001-451.33-13 2,500.00 - 2,500.00 * 2,500.00 80811 620 GOVERNMENT FINANCE OFFICE 001641 12/09/2008 101-4001-415.53-03 220.00 220.00 * 220.00 A812 75 GRANITE CONSTRUCTION COMP 001682 12/09/2008 401-1743-551.45-01 627,085.63 627,085.63 * 627,085.63 PREPAREDI2/09/2008, 10:09:27 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 4 ACCOUNTING PERIOD 2009/06 PROGRAM: GM346L REPORT NUMBER 41 CITY OF LA QUINTA, CALIFORNIA BANK 00 WELLS FARGO BANK ____________________________________________________________________________________________________________________________________ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK _NO_______NO___________NAME__________________NO______NO__________________ ______ACCOUNT (NET_________---- OF DISC/RETAIN)_________TOTAL__ ________________ 80813 4518 GREGORY, RAYMOND 001639 12/09/2008 101-5054-421.36-34 110.00 001812 12/09/2008 101-5054-421.71-01 231.96 341.96 ■ 341.96 80814 1198 GUEREQUE, ANGELA 001645 12/09/2008 101-3001-451.51-01 24.57 24.57 * 24.57 80815 3321 HAZARD CONSTRUCTION COMPA 001749 12/09/2008 401-1785-551.45-01 349,893.90 349,893.90 * 349,893.90 80816 141 HF&H CONSULTANTS, LLC 001632 12/09/2008 101-1004-413.33-22 9,591.25 9,591.25 ■ 9,591.25 80817 454 HIGH TECH IRRIGATION INC 001740 12/09/2008 101-7004-431.56-52 445.12 001741 12/09/2008 101-7004-431.56-52 187.68 001742 12/09/2008 101-7004-431.56-52 381.34 001743 12/09/2008 101-7004-431.56-52 18.91 001744 12/09/2008 101-7004-431.56-52 11.02 1,044.07 1,044.07 80818 35 HOARD INC, HUGH 001596 12/09/2008 101-5054-421.71-01 490.98 001597 12/09/2008 101-3004-451.43-52 197.00 001598 12/09/2008 101-3005-451.43-59 223.94 001797 12/09/2008 101-5008-419.43-88 1,100.32 2,012.24 2,012.24 80819 3427 HSBC BUSINESS SOLUTIONS 001810 12/09/2008 101-5054-421.71-01 538.74 538.74 ■ 538.74 80820 988 INDIO SHOE STORE INC 001738 12/09/2008 101-7003-431.56-40 211.19 211.19 ■ 211.19 80821 77 JONASSON, TIM 001646 12/09/2008 101-7001-431.51-01 56.94 001727 12/09/2008 101-7001-431.51-01 20.00 76.94 * 76.94 80822 3662 JONES, SID 001631 12/09/2008 218-0000-421.56-02 817.50 817.50 a 817.50 80823 79 KINER COMMUNICATIONS 001778 12/09/2008 101-1003-413.55-07 13,734.00 001779 12/09/2008 101-1003-413.33-31 1,163.70 001780 12/09/2008 101-1003-413.33-31 145.46 001781 12/09/2008 101-1003-413.55-07 25,390.72 40,433.88 * 40,433.88 80824 1762 KOA CORPORATION 001622 12/09/2008 401-1765-551.32-10 1,978.50 1,978.50 x 1,978.50 80825 865 KRIBBS CONSTRUCTION, BRUC 001747 12/09/2008 101-7004-431.32-07 5,750.00 001748 12/09/2008 101-3005-451.32-07 11000.00 Q N -J PREPAREDI2/09/2008, 10:09:27 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 5 PROGRAM: GM346L ACCOUNTING PERIOD 2009/06 CITY OF LA OUINTA, CALIFORNIA REPORT NUMBER 41 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ------------------------------------------------------------------------------------------------------------------------------------ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 80825 865 KRIBBS CONSTRUCTION, BRUC 001749 12/09/2008 101-7004-431.32-07 775.00 001749 12/09/2008 101-7003-431.43-73 1,275.00 8,800.00 > 8,800.00 80826 3498 L & L AUTOMOTIVE 001808 12/09/2008 501-0000-511.43-43 960.76 960.76 * 960.76 80827 3214 LARSON, MARJEAN 001700 12/09/2008 101-3002-451.33-43 35.70 35.70 * 35.70 80828 217 LESLIE, JANELLE 001700 12/09/2008 101-3002-451.33-43 16.80 16.80 ■ 16.80 80829 80 LOCK SHOP INC, THE 001629 12/09/2008 101-5054-421.71-01 193.95 001728 12/09/2008 101-5008-419.43-88 10.75 204.70 * 204.70 80830 218 LOS ANGELES TIMES 001684 12/09/2008 101-2001-411.53-04 56.80 56.80 * 56.80 80831 2796 LOWE'S 001760 12/09/2008 101-5008-419.43-88 2.97 001761 12/09/2008 101-5008-419.43-88 4.59 001762 12/09/2008 101-5008-419.43-88 10.90 001763 12/09/2008 101-5008-419,45-88 5.97 001764 12/09/2008 101-3003-451.51-33 2.78 001765 12/09/2008 101-5008-419.43-88 18.81 001766 12/09/2008 101-5008-419.43-88 109.52 001767 12/09/2008 101-5008-419.43-88 37.68 001768 12/09/2008 101-5008-419.43-88 37.68- 001769 12/09/2008 101-5008-419.43-88 44.22 001770 12/09/2008 101-5008-419.43-88 116.18 001771 12/09/2008 101-5008-419.43-88 17.30 001772 12/09/2008 101-5008-419.43-88 13.96 _ 347.20 a 347.20 80832 37 LOWE'S HOME IMPROVEMENT W 001698 12/09/2008 101-7003-431.56-49 877.99 001698 12/09/2008 101-5056-425.56-31 31.12 001698 12/09/2008 101-5008-419.43-88 10.74 001698 12/09/2008 101-5008-419.43-88 2.34 001698 12/09/2008 101-5008-419.43-88 21.52 001698 12/09/2008 101-5008-419.43-88 28.96 001698 12/09/2008 101-3001-451.33-13 19.91 001698 12/09/2008 101-5008-419.43-88 28.96- 001698 12/09/2008 101-3002-451.43-01 2.76 001698 12/09/2008 101-5008-419.43-88 6.43 001698 12/09/2008 101-3006-451.56-02 43.01 001698 12/09/2008 101-3004-451.43-01 32.23 'r 001698 12/09/2008 101-3006-451.56-02 92.54 ' 001698 12/09/2008 101-7003-431.56-49 825.19 001698 12/09/2008 101-3006-451.56-02 58.12 PREPAREDI2/09/2008, 10:09:27 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 6 PROGRAM: GM346L ACCOUNTING PERIOD 2009/06 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 41 BANK 00 WELLS FARGO BANK ____________________________________________________________________________________________________________________________________ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ____________________________________________________________________________________________________________________________________ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 80832 37 LOWE'S HOME IMPROVEMENT W 001698 12/09/2008 101-7005-431.56-02 30.12 001698 12/09/2008 101-3003-451.51-33 116.36 001699 12/09/2008 101-7003-431.56-49 855.25 001699 12/09/2008 101-5008-419.43-88 197.15 001699 12/09/2008 101-7005-431.56-02 49.68 001699 12/09/2008 101-7005-431.56-02 47.66 001699 12/09/2008 101-7005-431.56-02 16.14- 001699 12/09/2008 101-7005-431.56-02 36.75 001699 12/09/2008 101-7005-431.56-02 12.63 3,353.36 * 3,353.36 80833 4709 LSA ASSOCIATES INC 001634 12/09/2008 101-3001-451.33-04 2,031.25 2,031.25 * 2,051.25 80834 4687 MAR -CO EQUIPMENT COMPANY 001745 12/09/2008 501-0000-511.43-46 813.56 813.56 x 813.56 80835 4722 MARTHA'S VILLAGE KITCHEN 001774 12/09/2008 101-0000-228.30-00 100.00 100.00 * 100.00 80836 4201 MAXWELL SECURITY SERVICES 001729 12/09/2008 101-5008-419.41-30 150.00 150.00 ■ 150.00 80837 4711 MORRIS, SHELLY 001587 12/09/2008 101-0000-228.30-00 400.00 001588 12/09/2008 101-0000-228.30-00 100.00 001647 12/09/2008 101-3000-342.60-00 200.00 700.00 ■ 700.00 80838 4701 MOUNTAIN VIEW TIRE 001756 12/09/2008 501-0000-511.43-40 667.90 667.90 r 667.90 80839 2624 MOWERS PLUS INC 001614 12/09/2008 101-7003-431.56-52 52.56 001756 12/09/2008 101-7003-431.56-55 364.41 001756 12/09/2008 101-7003-431.56-52 50.65 467.62 * 467.62 80840 4718 MUELA, MICHAEL L 001827 12/09/2008 101-5000-351.01-00 50.00 50.00 * 50.00 80841 3988 MUSEUM STORE ASSOCIATION 001823 12/09/2008 101-3006-451.53-03 185.00 185.00 ■ 185.00 80842 250 NAI CONSULTING INC 001711 12/09/2008 401-1743-551.32-10 1,450.00 001712 12/09/2008 401-1763-551.32-10 500.00 001713 12/09/2008 401-1765-551.32-10 3,939.54 001714 12/09/2008 401-1766-551.32-10 125.00 = 001715 12/09/2008 401-1762-551.35-07 2,900.00 t 001716 12/09/2008 401-1779-551.32-10 1,155.00 001717 12/09/2008 401-1781-551.35-07 125.00 001718 12/09/2008 401-1785-551.35-07 125.00 O N co PREPAREDI2/09/2008, 10:09:27 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 7 PROGRAM: GM346L ACCOUNTING PERIOD 2009/06 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 41 BANK 00 WELLS FARGO BANK ____________________________________________________________________________________________________________________________________ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ____________________________________________________________________________________________________________________________________ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 80842 250 NAI CONSULTING INC 001719 12/09/2008 401-1789-551.35-07 1,712.50 001720 12/09/2008 401-1790-551.52-10 1,987.50 001721 12/09/2008 401-1792-551.32-10 1,575.00 001722 12/09/2008 401-1797-551.32-10 610.00 001723 12/09/2008 101-7006-431.32-07 11,982.50 - 28,187.04 x 28,187.04 80843 4469 NEELEY, LOUISE 001682 12/09/2008 101-3006-451.32-35 165.00 165.00 * 165.00 80844 4193 NESTOR + GAFFNEY ARCHITEC 001682 12/09/2008 401-1774-551.35-07 3,000.00 3,000.00 ■ 3,000.00 80845 4343 OAKSTONE WELLNESS 001759 12/09/2008 101-1004-413.32-07 681.52 681.52 ■ 681.52 80846 2214 OCB REPROGRAPHICS 001590 12/09/2008 101-7003-431.56-46 224.66 001634 12/09/2008 401-1774-551.35-07 79.93 304.59 r 304.59 80847 41 OFFICE DEPOT 001595 12/09/2008 101-3006-451.53-01 60.40 001603 12/09/2008 101-2001-411.56-01 139.63 001604 12/09/2008 502-0000-512.56-22 107.73 001605 12/09/2008 101-7001-431.56-01 60.40 001682 12/09/2008 101-2001-411.56-02 34.01 001682 12/09/2008 101-2001-411.56-01 62.53 001683 12/09/2008 101-2001-411.56-02 39.82 504.52 ■ 504.52 80848 4710 ODOM LA LA! 001589 12/09/2008 101-1000-321.00-00 30.00 30.00 * 30.00 80849 3513 PROJECT DIMENSIONS, INC. 001651 12/09/2008 401-1774-551.35-07 20,676.39 001652 12/09/2008 401-1775-551.35-07 6,618.04 001653 12/09/2008 401-1773-551.35-07 2,320.76 001654 12/09/2008 401-1776-551.35-07 6,080.00 35,695.19 ■ 35,695.19 80850 325 PSOMAS INC 001750 12/09/2008 401-1754-551.34-04 4,848.00 001751 12/09/2008 401-1743-551.34-04 11,110.00 001752 12/09/2008 401-1769-551.34-04 4,090.50 001753 12/09/2008 401-1785-551.34-04 4,191.50 001754 12/09/2008 401-1786-551.34-04 10,302.00 001755 12/09/2008 101-7006-431.32-07 46,308.50 80,850.50 ■ 80,850.50 80851 1938 PYLE, ROBERT NOBLE 001701 12/09/2008 101-3002-451.33-43 53.90 53.90 : 53.90 80852 327 RBF CONSULTING INC 001619 12/09/2008 401-1743-551.32-10 812.49 O co O PREPAREDI2/09/2008, 10:09:27 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 8 PROGRAM: GM346L ACCOUNTING PERIOD 2009/06 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 41 BANK 00 WELLS FARGO BANK ------------------------------------------------------------------------------------------------------------------------------------ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ------------------------------------------------------------------------------------------------------------------------------------ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 80852 327 RBF CONSULTING INC 001620 12/09/2008 401-1762-551.35-07 16,835.16 001682 12/09/2008 401-1774-551.35-07 9,521.67 001682 12/09/2008 401-1775-551.35-07 3,726.54 30,895.86 > 30,895.86 80853 1688 ROD EQUIPMENT CO 001749 12/09/2008 501-0000-511.43-40 933.95 933.95 x 933.95 80854 328 RESERVE ACCOUNT 001643 12/09/2008 101-4002-415.51-31 4,000.00 4,000.00 a 4,000.00 80855 4594 RICHARDS, FRANCES 001701 12/09/2008 101-3002-451.33-43 112.00 001701 12/09/2008 101-3002-451.33-43 21.00 133.00 ■ 133.00 80856 1289 RIVERSIDE COUNTY FLOOD CO 001759 12/09/2008 101-7002-431.32-07 28,682.87 28,682.87 * 28,682.87 80857 4583 RIVERSIDE COUNTY SHERIFF 001813 12/09/2008 101-5054-421.36-01 443,749.64 001814 12/09/2008 101-5054-421.36-03 21,231.09 001815 12/09/2008 101-5054-421.36-04 100,020.72 001816 12/09/2008 101-5054-421.36-19 61,161.70 001817 12/09/2008 101-5054-421.36-20 15,438.30 001818 12/09/2008 101-5054-421.36-13 8,572.80 001819 12/09/2008 101-5054-421.36-15 7,954.16 001820 12/09/2008 101-5054-421.36-07 29,073.00 001821 12/09/2008 101-5054-421.36-25 50,035.72 001822 12/09/2008 101-5054-421.36-22 38,038.40 755,075.53 * 755,075.53 80858 4716 ROGERS, DEBORAH 001701 12/09/2008 101-3000-342.10-00 30.00 30.00 x 30.00 80859 44 ROSENOW SPEVACEK GROUP IN 001655 12/09/2008 405-9001-702.32-07 5,178.17 001655 12/09/2008 406-9002-702.32-07 22,378.57 001655 12/09/2008 246-9002-703.32-07 48,039.70 001655 12/09/2008 401-1737-551.32-10 6,897.55 001655 12/09/2008 101-6001-463.32-10 3,031.25 001655 12/09/2008 101-0000-228.10-00 2,312.50 001655 12/09/2008 101-0000-228.10-00 11395.00 001689 12/09/2008 245-9001-703.32-07 10,201.00 99,433.74 * 99,433.74 80860 4723 SANTA ROSA IRRIGATION DES 001773 12/09/2008 101-1000-321.00-00 6.00 6.00 * 6.00 ° 80861 615 SECURITAS SEC SVCS USA IN 001634 12/09/2008 101-3000-342.60-00 234.00 ' 234.00 ■ 234.00 80862 4721 SKANSKA USA CIVIL WEST CA 001827 12/09/2008 401-1785-551.45-01 696,121.37 O W N PREPAREDI2/09/2008, 10:09:27 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 9 PROGRAM: GM346L ACCOUNTING PERIOD 2009/06 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 41 BANK 00 WELLS FARGO BANK ____________________________________________________________________________________________________________________________________ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ____________________________________________________________________________________________________________________________________ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 80862 4721 SKANSKA USA CIVIL WEST CA 696,121.37 + 696,121.37 80863 463 SMITH PIPE & SUPPLY CO 001749 12/09/2008 101-7004-431.56-52 5.22 5.22 * 5.22 80864 647 SOUTH COAST AIR QUALITY M 001824 12/09/2008 405-9001-702.32-15 11000.00 1,000.00 ■ 11000.00 80865 749 SOUTHWEST NETWORKS INC 001746 12/09/2008 101-7001-431.32-07 522.50 522.50 * 522.50 80866 48 STAPLES BUSINESS ADVANTAG 001606 12/09/2008 101-3006-451.56-02 419.96 001607 12/09/2008 101-4001-415.56-01 9.07- 001640 12/09/2008 101-5054-421.51-20 58.13 001683 12/09/2008 101-2001-411.56-02 32.31 001683 12/09/2008 101-2001-411.56-01 3.25 001683 12/09/2008 101-4002-415.56-07 104.16 001683 12/09/2008 101-6001-463.56-01 53.58 001683 12/09/2008 101-6001-463.56-01 31.36 001684 12/09/2008 101-6001-463.56-01 34.62 001684 12/09/2008 101-6001-463.56-01 12.20 001684 12/09/2008 101-6001-463.56-01 75.08 001684 12/09/2008 101-6001-463.56-01 76.49 001699 12/99/2008 101-7001-431.56-01 45.16 001699 12/09/2008 101-7001-431.56-01 24.49 001699 12/09/2098 101-5001-424.56-01 85.81 001699 12/09/2008 101-4001-415.56-01 40.59 001699 12/09/2008 101-4002-415.56-07 14.00 001775 12/09/2008 101-5001-424.56-01 50.01 001776 12/09/2008 101-5001-424.56-01 219.96 001777 12/09/2008 101-4001-415.53-01 18.18 1,390.27 ■ 1,390.27 80867 701 STEIN NOVELTY CO, FRANK 001592 12/09/2008 101-3003-451.51-33 214.72 214.72 ■ 214.72 80868 3938 STRADLING YOCCA CARLSON & 001633 12/09/2008 246-9002-705.32-01 1,090.15 1,090.15 * 11090.15 80869 53 SUNLINE TRANSIT AGENCY 001616 12/09/2008 501-0000-511.45-34 1,262.51 001636 12/09/2008 101-0000-203.05-00 816.00 001637 12/09/2008 101-4000-341.30-00 43.75- 2,034.76 ■ 2,034.76 80870 2253 SWRCB ACCOUNTING OFFICE 001759 12/09/2008 101-7002-431.32-07 91000.00 9,000.00 * 9,000.00 80871 423 THOMPSON, LORNA 001699 12/09/2008 101-3002-451.33-43 54.60 54.60 * 54.60 O CID N PREPAREDI2/09/2008, 10:09:27 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 10 PROGRAM: GM346L ACCOUNTING PERIOD 2009/06 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 41 BANK 00 WELLS FARGO BANK ____________________________________________________________________________________________________________________________________ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ____________________________________________________________________________________________________________________________________ NO NAME NO NO ACCOUNT CNET OF DISC/RETAIN) TOTAL 80872 714 TOP OF THE LINE SIGNS 001638 12/09/2008 101-5054-421.71-01 926.65 926.65 * 926.65 80873 57 TOPS'N BARRICADES INC 001736 12/09/2008 101-7003-431.56-46 240.00 001737 12/09/2008 101-7003-431.56-46 37.54 277.54 * 277.54 80874 59 TRI STATE LAND SURVEYORS 001608 12/09/2008 401-1786-551.34-04 1,635.00 001609 12/09/2008 401-1769-551.34-04 1,635.00 001610 12/09/2008 401-1786-551.34-04 2,130.00 5,400.00 * 5,400.00 80875 60 TRULY NOLEN INC 001594 12/09/2008 101-3005-451.43-64 42.00 001782 12/09/2008 101-3006-451.42-20 49.00 001783 12/09/2008 101-5055-422.42-20 85.00 001784 12/09/2008 101-3005-451.43-59 150.00 001785 12/09/2008 101-5008-419,42-20 27.00 001786 12/09/2008 101-5008-419.42-20 89.00 001787 12/09/2008 101-5008-419.43-88 37.00 001788 12/09/2008 101-5055-422.42-20 69.00 548.00 * 548.00 80876 62 UNDERGROUND SERVICE ALERT 001724 12/09/2008 101-7002-431.32-07 99.00 99.00 * 99.00 80877 334 US BANK 001682 12/09/2008 310-9501-411.31-13 1,530.00 1,530.00 * 1,530.00 80878 1777 VALLEY ANIMAL MEDICAL CEN 001789 12/09/2008 101-5006-426.33-25 75.00 001790 12/09/2008 101-5006-426.33-25 75.00 001791 12/09/2008 101-5006-426.33-25 75.00 001792 12/09/2008 101-5006-426.33-25 75.00 001793 12/09/2008 101-5006-426.33-25 75.00 001794 12/09/2008 101-5006-426.33-25 75.00 001795 12/09/2008 101-5006-426.33-25 80.00 001796 12/09/2008 101-5006-426.33-25 40.00 570.00 * 570.00 80879 2431 VINTAGE ASSOCIATES 001621 12/09/2008 101-7004-431.56-02 37.70 37.70 * 37.70 80880 70 WAL MART COMMUNITY 001623 12/09/2008 101-3006-451.56-02 117.48 001624 12/09/2008 101-3001-451.33-62 68.60 001625 12/09/2008 101-5004-424.56-02 322.99- 001626 12/09/2008 101-3003-451.51-33 200.00 001627 12/09/2008 101-3003-451.51-33 315.88 001628 - 12/09/2008 101-3003-451.56-02 91.46 470.43 * 470.43 - 80881 4401 WILLDAN FINANCIAL SERVICE 001749 12/09/2008 101-7004-431.32-07 5,847.50 i O W w PREPAREDI2/09/2008, 10:09:27 ACCOUNTS PAYABLE CHECK REGISTER BY BANK NUMBER PAGE 11 PROGRAM: GM346L ACCOUNTING PERIOD 2009/06 CITY OF LA QUINTA, CALIFORNIA REPORT NUMBER 41 BANK 00 WELLS FARGO BANK ____________________________________________________________________________________________________________________________________ CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO ____________________________________________________________________________________________________________________________________ NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL 80881 4401 WILLDAN FINANCIAL SERVICE - 5,847.50 * 5,847.50 80882 4669 WINKEL, MORTON A 001827 12/09/2008 101-3002-451.33-43 201.60 201.60 ■ 201.60 80883 753 WIRELESS WATCHDOGS 001809 12/09/2008 101-4002-415.41-25 248.00 248.00 • 248.00 80884 3889 YU, PUI TING 001650 12/09/2008 101-7002-431.51-01 31.35 31.35 ■ 31.35 BANK/CHECK TOTAL 2,915,466.02 2,915,466.02 ALL BANKS/CHECKS TOTAL 2,915,466.02 2,915,466.02 PREPARED 12/09/2008, 9:51:55 EXPENDITURE APPROVAL LIST PAGE 1 PROGRAM: GM339L AS OF: 12/09/2008 CHECK DATE: 12/09/2008 CITY OF LA QUINTA, CALIFORNIA ____________________________________________________________________________________________________________________________________ VEND NO VENDOR NAME EFT OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ____________________________________________________________________________________________________________________________________ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0000002 ACE HARDWARE 101000 001756 00 12/09/2008 101-5008-419.43-88 COVE CLEANUP SUPPLIES VENDOR TOTAL * 0002994 ADVANCED, INC. 12537 001802 00 12/09/2008 101-3002-451.42-15 JANITORIAL SVC 12537 001804 00 12/09/2008 101-3004-451.42-15 JANITORIAL SVC 12537 001803 00 12/09/2008 101-3005-451.42-15 JANITORIAL SVC 12537 001805 00 12/09/2008 101-3006-451.42-15 JANITORIAL SVC 12537 001799 00 12/09/2008 101-5008-419.42-15 JANITORIAL SVC 12537 001800 00 12/09/2008 101-5054-421.42-15 JANITORIAL SVC 12537 001801 00 12/09/2008 101-7003-431.42-15 JANITORIAL SVC VENDOR TOTAL * 0004514 ALVAREZ, MARIA PILAR 210118/121 001699 00 12/09/2008 101-3002-451.33-43 INSTRUCTOR PYMT VENDOR TOTAL * 0000296 AMERICAN FORENSIC NURSES INC 55939 001630 00 12/09/2008 101-5054-421.36-31 BLOOD ALCOHOL 56009 001811 00 12/09/2008 101-5054-421.36-31 BLOOD ALCOHOL VENDOR TOTAL * 0003428 APCO 56047 001798 00 12/09/2008 101-4002-415.41-25 REPEATERS 327645 001730 00 12/09/2008 101-5056-425.53-03 MEMBERSHIP DUES VENDOR TOTAL * 0004715 BAHARIA, MARLA 53960 001701 00 12/09/2008 101-3000-342.10-00 REFUND VENDOR TOTAL * 0001500 BOARD OF EQUALIZATION 97-829622 001709 00 12/09/2008 101-0000-203.04-00 NOV'08 SALES TAX 97-829622 001710 00 12/09/2008 101-3001-451.33-04 NOV'08 SALES TAX 97-829622 001702 00 12/09/2008 101-3002-451.56-02 NOV'08 SALES TAX 97-829622 001708 00 12/09/2008 101-3005-451.56-52 NOV'08 SALES TAX 97-829622 001707 00 12/09/2008 101-3006-451.71-02 NOV'08 SALES TAX 97-829622 001706 00 12/09/2008 101-5006-426.56-28 NOV'08 SALES TAX 97-829622 001705 00 12/09/2008 101-5056-425.56-31 NOV-08 SALES TAX 97-829622 001703 00 12/09/2008 101-7001-431.53-01 NOV'08 SALES TAX 97-829622 001704 00 12/09/2008 101-7004-431.56-52 NOV'08 SALES TAX VENDOR TOTAL * 0003274 BODDEN, RENATE 210119-3A/B/C 001699 00 12/09/2008 101-3002-451.33-43 INSTRUCTOR PYMT VENDOR TOTAL Q003593 BROOKS PRINTING IMPRESSIONS 1659 001726 00 12/09/2008 101-1004-413.56-01 OFFICE SUPPLIES-EE NEWS O W 134.09 134.09 1,301.51 2,003.13 1,720.60 1,383.60 4,442.05 445.63 488.93 11,785.45 506.80 506.80 39.50 197.50 237.00 31010.00 69.00 3,079.00 30.00 30.00 11.00 160.00 18.00 46.00 39.00 5.00 15.00 40.00 47.00 381.00 280.00 280.00 LIES wtI PREPARED 12/09/2008, 9:51:35 EXPENDITURE APPROVAL LIST PAGE 2 PROGRAM: GM339L AS OF: 12/09/2008 CHECK DATE: 12/09/2008 CITY OF LA QUINTA, CALIFORNIA ____________________________________________________________________________________________________________________________________ VEND NO INVOICE VENDOR NAME VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK EFT OR HAND -ISSUED NO ____________________________________________________________________________________________________________________________________ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0003593 BROOKS PRINTING IMPRESSIONS VENDOR TOTAL * 0000019 CADET UNIFORM SERVICE 59423 001612 00 12/09/2008 101-7003-431.44-07 UNIFORM RENTAL 60795 001757 00 12/09/2008 101-7003-431.44-07 UNIFORM RENTAL 59423 001613 00 12/09/2008 101-7004-431.44-07 UNIFORM RENTAL 60795 001758 00 12/09/2008 101-7004-431.44-07 UNIFORM RENTAL VENDOR TOTAL x 0003998 CALIFORNIA ANIMAL CONTROL DIRECTORS 1143 001807 00 12/09/2008 101-5006-426.53-03 MEMBERSHIP DUES VENDOR TOTAL * 0000449 CALIFORNIA CONTRACTORS SUPPLIES B22297 001739 00 12/09/2008 101-7003-431.56-52 MATERIAL/SUPPLY VENDOR TOTAL a 0000020 CAPUTO, R HEIM/TLC DOG TRAINING 210135-2 001699 00 12/09/2008 0000149 CARDINAL PROMOTIONS 62680 001759 00 12/09/2008 0004719 CARLIN, GERALD S LQ071898 001827 00 12/09/2008 0000021 CARQUEST 7339-253591 001732 7339-253301 001733 7339-251470 001734 0000947 CASSEL, LLORA 240802-3 001699 101-3002-451.33-43 INSTRUCTOR PYMT VENDOR TOTAL 101-3003-451.56-02 STAFF SHIRTS VENDOR TOTAL 101-5000-351.01-00 CITATION DISMISSED VENDOR TOTAL + 00 12/09/2008 501-0000-511.43-40 LAMP 00 12/09/2008 501-0000-511.43-40 TRUCK #24 00 12/09/2008 501-0000-511.43-40 AUTO REPAIR-VEH#52 VENDOR TOTAL ■ 00 12/09/2008 101-3003-451.33-43 INSTRUCTOR PYMT VENDOR TOTAL 0000022 COW GOVERNMENT INC MDC4062 001156 00 11/10/2008 MJR0965 001564 00 11/25/2008 MJZ4980 001599 00 12/09/2008 LWF9668 001018 00 10/28/2008 MHC0724 001427 00 11/25/2008 LZL9447 001018 00 10/28/2008 MFZ1090 001226 00 11/10/2008 MLC9212 001600 00 12/09/2008 KLD8206 001601 00 12/09/2008 a 101-3002-451.56-02 101-3006-451.71-01 101-3006-451.56-25 101-5054-421,71-01 101-7001-431.56-01 502-0000-512.71-01 502-0000-512.56-22 502-0000-512.56-25 502-0000-512.56-25 OPERATING SUPPLIES PRINTER - MUSEUM MUSEUM SOFTWARE SOFTWARE -POLICE PRIVACY SCREENS RETURN CREDIT COMPUTER SUPPLIES EMAIL LICENSES EMAIL SOFTWARE 441.13 100.00 80.00 23.86 25.86 229.72 150.00 150.00 336.44 336.44 140.00 140.00 59.05 59.05 200.00 200.00 9.02 131.01 6.01 146.04 112.00 112.00 419.53 516.48 1,504.92 26.18 324.04 3,155.13- 300.67 6,164.10 26.94 C= PREPARED 12/09/2008, 9:51:35 EXPENDITURE APPROVAL LIST PAGE 3 PROGRAM: GM339L AS OF: 12/09/2008 CHECK DATE: 12/09/2008 CITY OF LA QUINTA, CALIFORNIA ____________________________________________________________________________________________________________________________________ VEND NO VENDOR NAME EFT OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ____________________________________________________________________________________________________________________________________ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0000022 COW GOVERNMENT INC MKD0590 001602 00 12/09/2008 502-0000-512.71-01 PRINTERS 3,155.13 VENDOR TOTAL * 9,282.86 0002298 CENTRAL SECURITY SERVICES, INC R16981 001701 00 12/09/2008 101-3004-451.41-30 LIBRARY SECURITY 29.00 R16982 001701 00 12/09/2008 101-3004-451.41-30 LIBRARY SECURITY 86.00 VENDOR TOTAL x 115.00 0004115 CHECKMATE TELEPHONE EXCHANGE 081202232101 001806 00 12/09/2008 101-5006-426.51-07 ANSWERING SVC 176.53 VENDOR TOTAL * 176.53 0001647 CITY CLERKS ASSOC OF CALIF MONTECINO 001644 00 12/09/2008 101-2001-411.53-03 MEMBERSHIP DUES 120.00 VENDOR TOTAL ■ 120.00 0000140 COACHELLA VALLEY PRINTING GROUP INC 63733 001684 00 12/09/2008 101-4001-415.53-01 RECEIPT BOOKS 529.71 VENDOR TOTAL r 529.71 0000733 COLAROSSI, ANTHONY COLAROSSI 001591 00 12/09/2008 101-7002-431.51-01 TRAINING -RANCHO CUCAMONGA 84.24 VENDOR TOTAL 84.24 0004573 COMM HEALTH AGENCY -AP HS0000002254 001725 00 12/09/2008 101-5006-426.51-07 SHLTR SVC-AUG,SEP,OCT 17,767.76 VENDOR TOTAL ■ 17,767.76 0004717 COULIN, CHRISTA 33908 001826 00 12/09/2008 101-3000-342.70-00 REFUND 30.00 VENDOR TOTAL ■ 30.00 0003033 DATA TICKET, INC. 25485 001731 00 12/09/2008 101-5004-424.31-19 ADMIN CIT SVC 516.75 VENDOR TOTAL ■ 516.75 0001595 DEPARTMENT OF CONSUMER AFFAIRS C 52936 001611 00 12/09/2008 101-7001-431.53-03 LIC RENEWAL-WIMMER,ED 125.00 VENDOR TOTAL ■ 125.00 0000112 DEPARTMENT OF JUSTICE 710471 001642 00 12/09/2008 101-5054-421.36-31 BLOOD ALCOHOL 210.00 VENDOR TOTAL * 210.00 0000594 DESERT CITIES CATERING 08-97 001593 00 12/09/2008 101-3002-451.56-02 REFRESHMENTS 1,810.20 VENDOR TOTAL * 1,810.20 10000026 DESERT ELECTRIC SUPPLY OD J PREPARED 12/09/2008, 9:51:35 EXPENDITURE APPROVAL LIST PAGE 4 PROGRAM: GM339L AS OF: 12/09/2008 CHECK DATE: 12/09/2008 CITY OF LA QUINTA, CALIFORNIA ____________________________________________________________________________________________________________________________________ VEND NO VENDOR NAME EFT OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO NO NO ------------------------------------------------------------------------------------------------------------------------------------ DATE NO DESCRIPTION AMOUNT AMOUNT 0000026 DESERT ELECTRIC SUPPLY 51613911.001 001615 00 12/09/2008 101-7004-431.56-52 ELECTRICAL MATERIAL 885.13 51615602.001 001749 00 12/09/2008 101-7004-431.56-52 ELECTRIC MATERIAL 11.30 51615982.001 001749 00 12/09/2008 101-7004-431.56-52 ELECTRIC MATERIAL 420.43 0001661 DESERT FOUNTAIN GAS SUPPLY 119986 001825 00 12/09/2008 0000389 DUNHAM, KATHY 210132/128 001700 00 12/09/2008 0001113 ENVIRONMENTAL PRODUCTS & 08-110044 001688 00 12/09/2008 08-110045 001688 00 12/09/2008 08-110046 001688 00 12/09/2008 08-110047 001688 00 12/09/2008 0004499 EVANS & ASSOCIATES, DAVID 260274 001617 1224 00 12/09/2008 260682 001618 1252 00 12/09/2008 VENDOR TOTAL * 101-3003-451.51-33 HELIUM RENTAL VENDOR TOTAL ■ 101-3002-451.33-43 INSTRUCTOR PYMT VENDOR TOTAL x 405-9001-702.52-15 SRR PM10 405-9001-702.32-15 SRR PM10 405-9001-702.32-15 SRR PM10 405-9001-702.32-15 SRR PM10 VENDOR TOTAL * 101-7001-431.32-07 JEFF LS CONCEPTS 401-1797-551.35-07 CONT SVC/PROF VENDOR TOTAL 0000940 FUELMAN NP15493291 001735 00 12/09/2008 501-0000-511.43-34 FUEL 0004720 GARDNER POOL PLASTERING INC 1143-1 001827 00 12/09/2008 0000620 GOVERNMENT FINANCE OFFICERS ASSN 0052618 001641 00 12/09/2008 0000075 GRANITE CONSTRUCTION COMPANY 225792 001682 00 12/09/2008 0004518 GREGORY, RAYMOND LUNCHEON 001639 00 12/09/2008 REIMB 001812 00 12/09/2008 0001198 GUEREQUE, ANGELA CONF PS 001645 00 12/09/2008 0003321 HAZARD CONSTRUCTION COMPANY VENDOR TOTAL * 101-3001-451.33-13 POOL REPAIRS-DRN CVRS VENDOR TOTAL * 101-4001-415.53-03 MEMBERSHIP DUES VENDOR TOTAL x 401-1743-551.45-01 CONT SVC 2001-07A VENDOR TOTAL * 101-5054-421.36-34 SP ENF FUNDS 101-5054-421.71-01 REIMB-GREGORY, R VENDOR TOTAL ■ 101-3001-451.51-01 MILAGE-GUEREQUE VENDOR TOTAL * 1,316.86 8.00 8.00 95.20 95.20 1,800.00 3,000.00 3,420.00 2,400.00 10,620.00 686.00 1,015.92 1,701.92 478.68 478.68 2,500.00 2,500.00 220.00 220.00 627,085.63 627,085.63 110.00 231.96 341.96 24.57 24.57 PREPARED 12/09/2008, 9:51:35 EXPENDITURE APPROVAL LIST PAGE 5 PROGRAM: GM339L AS OF: 12/09/2008 CHECK DATE: 12/09/2008 CITY OF LA OUINTA, CALIFORNIA ____________________________________________________________________________________________________________________________________ VEND NO VENDOR NAME EFT OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ____________________________________________________________________________________________________________________________________ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0003321 HAZARD CONSTRUCTION COMPANY 13250 001749 00 12/09/2008 401-1785-551.45-01 CONT SVC 2007-18A 349,893.90 VENDOR TOTAL * 349,893.90 0000141 HF&H CONSULTANTS, LLC 9708864 001632 00 12/09/2008 101-1004-413.33-22 PROFESSIONAL SVC 9,591.25 VENDOR TOTAL * 9,591.25 0000454 HIGH TECH IRRIGATION INC 095112 001740 00 12/09/2008 101-7004-431.56-52 IRRIG MATERIAL 445.12 095301 001741 00 12/09/2008 101-7004-431.56-52 IRRIG MATERIAL 187.68 094458 001742 00 12/09/2008 101-7004-431.56-52 IRRIG MATERIAL 381.34 095749 001743 00 12/09/2008 101-7004-431.56-52 IRRIG MATERIAL 18.91 096425 001744 00 12/09/2008 101-7004-431.56-52 IRRIG MATERIAL 11.02 VENDOR TOTAL * 1,044.07 0000035 HOARD INC, HUGH 54415 001597 00 12/09/2008 101-3004-451.43-52 LIBRARY 197.00 54432 001598 00 12/09/2008 101-3005-451.43-59 A/C REPAIR@LQ PARK 223.94 54344 001797 00 12/09/2008 101-5008-419.43-88 MAINT-CITY HALL 1,100.32 54312 001596 00 12/09/2008 101-5054-421.71-01 MAINT-NEW STATION 490.98 VENDOR TOTAL * 2,012.24 0003427 HSBC BUSINESS SOLUTIONS 033772554 001810 00 12/09/2008 101-5054-421.71-01 PENTAPLEX DVR 538.74 VENDOR TOTAL * 538.74 0000988 INDIO SHOE STORE INC 7603 001738 00 12/09/2008 101-7003-431.56-40 WK BOOTS-ALBERT 211.19 VENDOR TOTAL * 211.19 0000077 JONASSON, TIM RCTC 001646 00 12/09/2008 101-7001-431.51-01 MILAGE-JONASSON 56.94 120308 001727 00 12/09/2008 101-7001-431.51-01 APWA LUNCHEON 20.00 VENDOR TOTAL * 76.94 0003662 JONES, SID EXPENDITURES 001631 00 12/09/2008 218-0000-421.56-02 OPERATING SUPPLIES 817.50 VENDOR TOTAL * 817.50 0000079 KINER COMMUNICATIONS 32407 001778 00 12/09/2008 101-1003-413.55-07 VILLAGE BUS COOP ADS 13,734.00 32403 001779 00 12/09/2008 101-1003-413.33-31 CREATIVE GRAPHIC DSGN 1,163.70 32401 001780 00 12/09/2008 101-1003-413.55-31 CONVERSION WORK 145.46 32393 001781 00 12/09/2008 101-1003-413.55-07 CITY CALENDAR '09 25,390.72 VENDOR TOTAL * 40,433.88 0001762 KOA CORPORATION JA6828XXII 001622 00 12/09/2008 401-1765-551.32-10 CONT SVC/PROF 1,978.50 r VENDOR TOTAL * 1,978.50 0000865 KRIBBS CONSTRUCTION, BRUCE O W tD PREPARED 12109/2008, 9:51:35 EXPENDITURE APPROVAL LIST PAGE 6 PROGRAM: GM339L AS OF: 12/09/2008 CHECK DATE: 12/09/2008 CITY OF LA OUINTA, CALIFORNIA ____________________________________________________________________________________________________________________________________ VEND NO VENDOR NAME EFT OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ____________________________________________________________________________________________________________________________________ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0000865 KRIBBS CONSTRUCTION, BRUCE 195 001748 00 12/09/2008 101-3005-451.32-07 ELECTRIC SVC 11000.00 2045 001749 00 12/09/2008 101-7003-431.43-73 R&R VALVE BOX 1,275.00 195 001747 00 12/09/2008 101-7004-431.32-07 ELECTRIC SVC 5,750.00 2044 001749 00 12/09/2008 101-7004-431.32-07 REPAIR PAVERS 775.00 VENDOR TOTAL ■ 81800.00 0003498 L & L AUTOMOTIVE 3491 001808 00 12/09/2008 501-0000-511.43-43 MAINT-VEH #49 960.76 VENDOR TOTAL * 960.76 0005214 LARSON, MARJEAN 210104-2B 001700 00 12/09/2008 101-3002-451.33-43 INSTRUCTOR PYMT 35.70 VENDOR TOTAL a 35.70 0000217 LESLIE, JANELLE 210125-2C/D 001700 00 12/09/2008 101-3002-451.33-43 INSTRUCTOR PYMT 16.80 VENDOR TOTAL * 16.80 0000080 LOCK SHOP INC, THE 630516 001728 00 12/09/2008 101-5008-419.43-88 KEYS -NEW SUBSTATION 10.75 629839 001629 00 12/09/2008 101-5054-421.71-01 DUP KEYS -NEW BLDG 193.95 VENDOR TOTAL * 204.70 0000218 LOS ANGELES TIMES 5921809017 001684 00 12/09/2008 101-2001-411.53-04 SUBSCRIPTION 56.80 VENDOR TOTAL * 56.80 0002796 LOWE'S 960842 001764 00 12/09/2008 101-3003-451.51-33 SP EVENT -TRAILS DAY 2.78 913127 001760 00 12/09/2008 101-5008-419.43-88 MAINTENANCE 2.97 960988 001761 00 12/09/2008 101-5008-419.43-88 MAINT-CITY HALL 4.59 913456 001762 00 12/09/2008 101-5008-419.43-88 MAINT/SUPPLIES-CITY HALL 10.90 960716 001763 00 12/09/2008 101-5008-419.43-88 MAINTENANCE 5.97 913954 001765 00 12/09/2008 101-5008-419.43-88 MAINT/SUPPLIES 18.81 960630 001766 00 12/09/2008 101-5008-419.43-88 SUPPLIES 109.52 920626 001767 00 12/09/2008 101-5008-419.43-88 MAINTENANCE 37.68 920625 001768 00 12/09/2008 101-5008-419.43-88 RETURN CREDIT 37.68- 960919 001769 00 12/09/2008 101-5008-419.43-88 MAINT SUPPLIES 44.22 913128 001770 00 12/09/2008 101-5008-419.43-88 LIGHTS -CITY HALL 116.18 960059 001771 00 12/09/2008 101-5008-419.43-88 MAINT SUPPLIES 17.30 960015 001772 00 12/09/2008 101-5008-419.43-88 REPAIRS -NEW SUBSTATION 13.96 VENDOR TOTAL 347.20 0000037 LOWE'S HOME IMPROVEMENT WAREHOUSE 907353 001698 00 12/09/2008 101-3001-451.33-13 POOL RSTRM LIGHTS 19.91 966235 001698 00 12/09/2008 101-3002-451.43-01 GNRL MAINT-REPAIR 2.76 913564 001698 00 12/09/2008 101-3003-451.51-33 SP EVENT SUPPLIES 116.36 966349 001698 00 12/09/2008 101-3004-451.43-01 LIBRARY 32.23 966349 001698 00 12/09/2008 101-3006-451.56-02 MUSEUM 43.01 Ir PREPARED 12/09/2008, 9:51:35 EXPENDITURE APPROVAL LIST PAGE 7 PROGRAM: GM339L AS OF: 12/09/2008 CHECK DATE: 12/09/2008 CITY OF LA QUINTA, CALIFORNIA ____________________________________________________________________________________________________________________________________ VEND NO INVOICE VENDOR NAME VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK EFT OR HAND -ISSUED ___N- _______________________-DATE_________-- -------------------------- NO NO NO __________________________________________------_____________------___ DESCRIPTION AMOUNT AMOUNT 0000037 LOWE'S HOME IMPROVEMENT WAREHOUSE 960973 001698 00 12/09/2008 101-3006-451.56-02 MUSEUM OPERATING 92.54 960137 001698 00 12/09/2008 101-3006-451.56-02 MUSEUM OPERATING 58.12 907903 001698 00 12/09/2008 101-5008-419.43-88 MAINT-CIVIC CTR 10.74 960318 001698 00 12/09/2008 101-5008-419.43-88 REPAIR -SUBSTATION 2.34 952644 001698 00 12/09/2008 101-5008-419.43-88 MAINT-SUBSTATION 21.52 907335 001698 00 12/09/2008 101-5008-419.43-88 REPAIRS 28.96 920751 001698 00 12/09/2008 101-5008-419.43-88 REPAIRS 28.96- 966349 001698 00 12/09/2008 101-5008-419.43-88 MAINT 6.43 927251 001699 00 12/09/2008 101-5008-419.43-88 SUPPLIES-MAINT 197.15 907941 001698 00 12/09/2008 101-5056-425.56-31 OPERATING SUPPLIES 31.12 965555 001698 00 12/09/2008 101-7003-431.56-49 ASPHALT MATERIAL 877.99 917964 001698 00 12/09/2008 101-7003-431.56-49 ASPHALT MATERIALS 825.19 965830 001699 00 12/09/2008 101-7003-431.56-49 ASPHALT MATERIAL 855.25 960340 001698 00 12/09/2008 101-7005-431.56-02 SFTY GLASSES/LITBULBS 30.12 960253 001699 00 12/09/2008 101-7005-431.56-02 ISNS LAMPS 49.68 960194 001699 00 12/09/2008 101-7005-431.56-02 ISNS LAMPS 47.66 920784 001699 00 12/09/2008 101-7005-431.56-02 ISNS LAMPS 16.14- 960517 001699 00 12/09/2008 101-7005-431.56-02 SIGNAL TRFF SUPPLIES 36.75 960867 001699 00 12/09/2008 101-7005-431.56-02 COND,FITTINGS-PH LINES 12.63 VENDOR TOTAL * 3,553.36 0004709 LSA ASSOCIATES INC 89915 001634 00 12/09/2008 101-3001-451.33-04 OCT'08 PROF SVC 2,031.25 VENDOR TOTAL * 2,031.25 0004687 MAR -CO EQUIPMENT COMPANY 63090 001745 00 12/09/2008 501-0000-511.43-46 SWEEPER 041 813.56 VENDOR TOTAL * 813.56 0004722 MARTHA'S VILLAGE KITCHEN 33987 001774 00 12/09/2008 101-0000-228.30-00 REFUND 100.00 VENDOR TOTAL x 100.00 0004201 MAXWELL SECURITY SERVICES INC. 0812108 001729 00 12/09/2008 101-5008-419.41-30 SECURITY PATROL 150.00 VENDOR TOTAL ■ 150.00 0004711 33832 MORRIS, SHELLY 001587 00 12/09/2008 101-0000-228.30-00 REFUND 400.00 33831 001588 00 12/09/2008 101-0000-228.30-00 REFUND 100.00 33831 001647 00 12/09/2008 101-3000-342.60-00 REFUND 200.00 VENDOR TOTAL * 700.00 0004701 MOUNTAIN VIEW TIRE 038108 001756 00 12/09/2008 501-0000-511.43-40 TRK#46 TIRES 667.90 VENDOR TOTAL * 667.90 Q002624 MOWERS PLUS INC 097469 001614 00 12/09/2008 101-7003-431.56-52 SAW REPAIR 52.56 O -P N PREPARED 12/09/2008, 9:51:35 EXPENDITURE APPROVAL LIST PAGE 8 PROGRAM: GM359L AS OF: 12/09/2008 CHECK DATE: 12/09/2008 CITY OF LA QUINTA, CALIFORNIA ____________________________________________________________________________________________________________________________________ VEND NO INVOICE VENDOR NAME VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK EFT OR HAND -ISSUED NO ____________________________________________________________________________________________________________________________________ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0002624 MOWERS PLUS INC 097691 001756 00 12/09/2008 101-7003-431.56-55 SMALL TOOLS 364.41 097693 001756 00 12/09/2008 101-7003-431.56-52 CHAINS FOR SAW 50.65 VENDOR TOTAL > 467.62 0004718 MUELA, MICHAEL L LQ072205 001827 00 12/09/2008 101-5000-351.01-00 CITATION DISMISSED 50.00 VENDOR TOTAL * 50.00 0003988 MUSEUM STORE ASSOCIATION 40016 001823 00 12/09/2008 101-3006-451.53-03 ANNUAL DUES 185.00 VENDOR TOTAL * 185.00 0000250 NAI CONSULTING INC 2008-14 001723 00 12/09/2008 101-7006-431.32-07 CONTRACT SVC 11,982.50 2008-14 001711 00 12/09/2008 401-1743-551.32-10 CONTRACT SVC 1,450.00 2008-14 001715 00 12/09/2008 401-1762-551.35-07 CONTRACT SVC 2,900.00 2008-14 001712 00 12/09/2008 401-1763-551.32-10 CONTRACT SVC 500.00 2008-14 001713 00 12/09/2008 401-1765-551.32-10 CONTRACT SVC 3,939.54 2008-14 001714 00 12/09/2008 401-1766-551.32-10 CONTRACT SVC 125.00 2008-14 001716 00 12/09/2008 401-1779-551.32-10 CONTRACT SVC 1,155.00 2008-14 001717 00 12/09/2008 401-1781-551.35-07 CONTRACT SVC 125.00 2008-14 001718 00 12/09/2008 401-1785-551.35-07 CONTRACT SVC 125.00 2008-14 001719 00 12/09/2008 401-1789-551.35-07 CONTRACT SVC 1,712.50 2008-14 001720 00 12/09/2008 401-1790-551.32-10 CONTRACT SVC 1,987.,50 2008-14 001721 00 12/09/2008 401-1792-551.32-10 CONTRACT SVC 1,575.00 2008-14 001722 00 12/09/2008 401-1797-551.32-10 CONTRACT SVC 610.00 VENDOR TOTAL * 28,187.04 0004469 NEELEY, LOUISE NOV108 001682 00 12/09/2008 101-3006-451.32-35 CONSULTING SVC 165.00 VENDOR TOTAL a 165.00 0004193 NESTOR + GAFFNEY ARCHITECTURE, LLP 5032 001682 00 12/09/2008 401-1774-551.35-07 SRR CLBHOUSE DESIGN 3,000.00 VENDOR TOTAL r 3,000.00 0004343 OAKSTONE WELLNESS R942RR4 001759 00 12/09/2008 101-1004-413.32-07 EAP-HLTH BROCHURES 681.52 VENDOR TOTAL ■ 681.52 0002214 OCB REPROGRAPHICS 5501401 001590 00 12/09/2008 101-7003-431.56-46 COVE SIGNAGE PRJ 224.66 5495280 001634 00 12/09/2008 401-1774-551.35-07 SRR CLBHOUSE DESIGN 79.93 VENDOR TOTAL ■ 304.59 0000041 OFFICE DEPOT - 449328144-001 001603 00 12/09/2008 101-2001-411.56-01 OFFICE SUPPLIES 139.63 451320424-001 001682 00 12/09/2008 101-2001-411.56-02 OFFICE SUPPLIES 34.01 4*50927695-001 001682 00 12/09/2008 101-2001-411.56-01 OFFICE SUPPLIES 62.53 PREPARED 12/09/2008, 9:51:35 EXPENDITURE APPROVAL LIST PAGE 9 PROGRAM: GM339L AS OF: 12/09/2008 CHECK DATE: 12/09/2008 CITY OF LA QUINTA, CALIFORNIA ____________________________________________________________________________________________________________________________________ VEND NO VENDOR NAME INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK EFT OR HAND -ISSUED ___N-______________NO NO_________- DATE _________--_______________ DESCRIPTION ___________________________AMOUNT ________________ AMOUNT 0000041 OFFICE DEPOT 451001402-001 001683 00 12/09/2008 101-2001-411.56-02 OFFICE SUPPLIES 39.82 448839219001 001595 00 12/09/2008 101-3006-451.53-01 BUSINESS CRD-MARTINEZ 60.40 448853885-001 001605 00 12/09/2008 101-7001-431.56-01 BUSINESS CRD-VALENZUELA 60.40 452515169-001 001604 00 12/09/2008 502-0000-512.56-22 HARDWARE 107.73 0004710 DOOM LA LA! BLO103974 001589 00 12/09/2008 101-1000-321.00-00 REFUND 0005513 PROJECT DIMENSIONS, INC. 19736 001653 00 12/09/2008 19736 001651 00 12/09/2008 19736 001652 00 12/09/2008 19736 001654 00 12/09/2008 0000325 PSOMAS INC 51070 001755 00 12/09/2008 51070 001751 00 12/09/2008 51070 001750 00 12/09/2008 51070 001752 00 12/09/2008 51070 001753 00 12/09/2008 51070 001754 00 12/09/2008 0001938 PYLE, ROBERT NOBLE 210184-B4 001701 00 12/09/2008 0000327 RBF CONSULTING INC 8090714 001619 00 12/09/2008 8090718 001620 00 12/09/2008 8090717 001682 00 12/09/2008 8090715 001682 00 12/09/2008 0001688 ROD EQUIPMENT CO W07219 001749 00 12/09/2008 0000328 RESERVE ACCOUNT 11762499 001643 00 12/09/2008 0004594 RICHARDS, FRANCES 210174-2 001701 00 12/09/2008 2�0171-2A/3A/4AO01701 00 12/09/2008 0001289 RIVERSIDE COUNTY FLOOD CONTROL C:) P W VENDOR TOTAL * VENDOR TOTAL ■ 401-1773-551.35-07 SRR PROJECT MGMT 401-1774-551.35-07 SRR PROJECT MGMT 401-1775-551.35-07 SRR PROJECT MGMT 401-1776-551.35-07 SRR PROJECT MGMT VENDOR TOTAL 101-7006-431.32-07 INSPECTION SVC 401-1743-551.34-04 INSPECTION SVC 401-1754-551.34-04 INSPECTION SVC 401-1769-551.34-04 INSPECTION SVC 401-1785-551.54-04 INSPECTION SVC 401-1786-551.34-04 INSPECTION SVC VENDOR TOTAL * 101-3002-451.33-43 INSTRUCTOR PYMT VENDOR TOTAL * 401-1743-551.32-10 HWY Ill PH II 401-1762-551.35-07 CONT SVC/DESIGN 401-1774-551.35-07 SRR CLBHOUSE DESIGN 401-1775-551.35-07 SRR INFRASTRUCTURE VENDOR TOTAL * 501-0000-511.45-40 BACK NO SVC VENDOR TOTAL * 101-4002-415.51-31 POSTAGE VENDOR TOTAL * 101-3002-451.33-43 INSTRUCTOR PYMT 101-3002-451.33-43 INSTRUCTOR PYMT VENDOR TOTAL * 504.52 30.00 30.00 2,320.76 20,676.39 6,618.04 6,080.00 35,695.19 46,308.50 11,110.00 4,848.00 4,090.50 4,191.50 10,302.00 80,850.50 53.90 53.90 812.49 16,835.16 9,521.67 3,726.54 30,895.86 933.95 933.95 4,000.00 4,000.00 112.00 21.00 133.00 PREPARED 12/09/2008, 9:51:35 EXPENDITURE APPROVAL LIST PAGE 10 PROGRAM: GM339L AS OF: 12/09/2008 CHECK DATE: 12/09/2008 CITY OF LA QUINTA, CALIFORNIA ____________________________________________________________________________________________________________________________________ VEND NO INVOICE VENDOR NAME VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK EFT OR HAND-ISSUED ___NO______________NO___NO DATE__________---- NODESCRIPTION AMOUNT __________________________________________------_____________------___ AMOUNT 0001289 RIVERSIDE COUNTY FLOOD CONTROL FC0000010607 001759 00 12/09/2008 0004583 RIVERSIDE COUNTY SHERIFF DEPT SH0000010334 001813 00 12/09/2008 SH0000010334 001814 00 12/09/2008 SH0000010334 001815 00 12/09/2008 SH0000010334 001816 00 12/09/2008 SH0000010534 001817 00 12/09/2008 SH0000010334 001818 00 12/09/2008 SH0000010334 001819 00 12/09/2008 SH0000010334 001820 00 12/09/2008 SH0000010534 001821 00 12/09/2008 SH0000010334 001822 00 12/09/2008 101-7002-431.32-07 HOPES 101-5054-421.36-01 101-5054-421.36-03 101-5054-421.36-04 101-5054-421.36-19 101-5054-421.36-20 101-5054-421.36-13 101-5054-421.36-15 101-5054-421.36-07 101-5054-421.36-25 101-5054-421.36-22 VENDOR TOTAL * CONTRACT LAW ENFORCEMENT CONTRACT LAW ENFORCEMENT CONTRACT LAW ENFORCEMENT CONTRACT LAW ENFORCEMENT CONTRACT LAW ENFORCEMENT CONTRACT LAW ENFORCEMENT CONTRACT LAW ENFORCEMENT CONTRACT LAW ENFORCEMENT CONTRACT LAW ENFORCEMENT CONTRACT LAW ENFORCEMENT 0004716 ROGERS, DEBORAH 33963 001701 00 12/09/2008 101-3000-342.10-00 REFUND 0000044 ROSENOW SPEVACEK GROUP INC OCT-08 001655 00 12/09/2008 OCT-08 001655 00 12/09/2008 OCT'08 001655 00 12/09/2008 OCT'08 001689 00 12/09/2008 OCT'08 001655 00 12/09/2008 OCT'08 001655 00 12/09/2008 0CT'08 001655 00 12/09/2008 OCT'08 001655 00 12/09/2008 0004723 SANTA ROSA IRRIGATION DESIGNS BL#3350 001773 00 12/09/2008 0000615 SECURITAS SEC SVCS USA INC W2074538 001634 DO 12/09/2008 VENDOR TOTAL * VENDOR TOTAL * 101-0000-228.10-00 TRAVERTINE DEPOSIT 101-0000-228.10-00 LOWE'S DEPOSIT 101-6001-463.32-10 CITY GENERAL FUND 245-9001-703.32-07 LOW&MOD HSING#1 246-9002-703.32-07 LOW&MOD HSING #2 401-1737-551,32-10 VISTA DUNES MOBILE 405-9001-702.32-07 CAPITOL PRJ #1 406-9002-702.32-07 CAPITOL PRJ #2 VENDOR TOTAL 101-1000-321.00-00 REFUND VENDOR TOTAL * 101-3000-342.60-00 SECURITY SVC VENDOR TOTAL * 0004721 SKANSKA USA CIVIL WEST CA DISTRICT 2949 001827 00 12/09/2008 401-1785-551.45-01 CONT SVC 2007-18B VENDOR TOTAL * 0000463 SMITH PIPE & SUPPLY CO 1957454 001749 00 12/09/2008 101-7004-431.56-52 IRRIG MATERIAL VENDOR TOTAL * 0000647 SOUTH COAST AIR QUALITY MANAGEMENT IRR 001824 00 12/09/2008 405-9001-702.32-15 VIOLATION P-51305 28,682.87 28,682.87 443,749.64 21,231.09 100,020.72 61,161.70 15,438.30 8,372.80 7,954.16 29,073.00 30,035.72 38,038.40 755,075.53 30.00 30.00 2,312.50 1,395.00 3,031.25 10,201.00 48,039.70 6,897.55 5,178.17 22,378.57 99,433.74 6.00 6.00 234.00 234.00 696,121.37 696,121.37 5.22 5.22 11000.00 PREPARED 12/09/2008, 9:51:35 EXPENDITURE APPROVAL LIST PAGE 11 PROGRAM: GM559L AS OF: 12/09/2008 CHECK DATE: 12/09/2008 CITY OF LA QUINTA, CALIFORNIA ____________________________________________________________________________________________________________________________________ VEND NO INVOICE VENDOR NAME VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK EFT OR HAND -ISSUED ___N-______________NO NO_________- DATE _________--_______________ DESCRIPTION ___________________________AMOUNT ________________ AMOUNT 0000647 SOUTH COAST AIR QUALITY MANAGEMENT 0000749 SOUTHWEST NETWORKS INC 08-11206 001746 00 12/09/2008 0000048 STAPLES BUSINESS ADVANTAGE 3111581669 001683 00 12/09/2008 3111507122 001683 00 12/09/2008 3111626804 001606 00 12/09/2008 3111566330 001607 00 12/09/2008 3111858498 001699 00 12/09/2008 5111566331 001777 00 12/09/2008 3111507121 001683 00 12/09/2008 3111858496 001699 00 12/09/2008 3111118973 001699 00 12/09/2008 3111347767 001775 00 12/09/2008 3111858497 001776 00 12/09/2008 3111794418 001640 00 12/09/2008 3111566328 001683 00 12/09/2008 3111566329 001683 00 12/09/2008 3111292682 001684 00 12/09/2008 3111292683 001684 00 12/09/2008 3111334171 001684 00 12/09/2008 3111292684 001684 00 12/09/2008 3111794420 901699 00 12/09/2008 3111581670 001699 00 12/09/2008 0000701 STEIN NOVELTY CO, FRANK 44234 001592 00 12/09/2008 0093938 STRADLING YOCCA CARLSON B RAUTH OCT'08 001633 00 12/09/2008 0000053 SUNLINE TRANSIT AGENCY 40818 001636 00 12/09/2008 40818 001637 00 12/09/2008 40769 001616 00 12/09/2008 0002253 SWRCB ACCOUNTING OFFICE 0819486 001759 00 12/09/2008 0000423 THOMPSON, LORNA '210133-1A/C/D 001699 O UT VENDOR TOTAL ■ 101-7001-431.32-07 OUTSIDE LABOR-GRIFFITI 101-2001-411.56-02 101-2001-411.56-01 101-3006-451.56-02 101-4001-415.56-01 101-4001-415.56-01 101-4001-415.53-01 101-4002-415.56-07 101-4002-415.56-07 101-5001-424.56-01 101-5001-424.56-01 101-5001-424.56-01 101-5054-421.51-20 101-6001-463.56-01 101-6001-463.56-01 101-6001-463.56-01 101-6001-463,56-01 101-6001-463.56-01 101-6001-463.56-01 101-7001-431.56-01 101-7001-431.56-01 VENDOR TOTAL ■ OFFICE SUPPLIES OFFICE SUPPLIES MUSEUM SAFE REFUND CREDIT OFFICE SUPPLIES PLASTIC COMBS OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES VENDOR TOTAL * 101-3003-451.51-33 SP EVENT -BREAKFAST VENDOR TOTAL > 246-9002-703.32-01 PA2 LOW MED HOUSING VENDOR TOTAL * 101-0000-203.05-00 BUS PASSESSOLD 101-4000-341.30-00 BUS PASSES SOLD 501-0000-511.43-34 COMPRESSED NATURAL GAS 101-7002-431.32-07 NPDES VENDOR TOTAL ■ VENDOR TOTAL ■ 00 12/09/2008 101-3002-451.33-43 INSTRUCTOR PYMT 11000.00 522.50 522.50 32.31 3.25 419.96 9.07- 40.59 18.18 104.16 14.00 85.81 50.01 219.96 58.13 53.58 31.36 34.62 12.20 75.08 76.49 45.16 24.49 1,390.27 214.72 214.72 1,090.15 11090.15 816.00 43.75- 1,262.51 2,034.76 91000.00 91000.00 54.60 PREPARED 12/09/2008, 9:51:35 EXPENDITURE APPROVAL LIST PAGE 12 PROGRAM: GM339L AS OF: 12/09/2008 CHECK DATE: 12/09/2008 CITY OF LA QUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO VENDOR NAME EFT OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0000423 THOMPSON, LORNA VENDOR TOTAL * 54.60 0000714 TOP OF THE LINE SIGNS 11545 001638 00 12/09/2008 101-5054-421.71-01 NEW BLDG LOGO 926.65 VENDOR TOTAL * 926.65 0000057 TOPS'N BARRICADES INC 1005897 001736 00 12/09/2008 101-7003-431.56-46 SIGN 240.00 1005842 001737 00 12/09/2008 101-7003-431.56-46 SIGN 37.54 VENDOR TOTAL * 277.54 0000059 TRI STATE LAND SURVEYORS & CIVIL 5166 001609 00 12/09/2008 401-1769-551.34-04 CONT SVC SRVY-2006-09 1,635.00 5162 001608 00 12/09/2008 401-1786-551.34-04 CONT SVC SRVY-2007-18B 1,635.00 5167 001610 00 12/09/2008 401-1786-551.34-04 CONT SVC SRVY-2007-18B 2,130.00 VENDOR TOTAL 5,400.00 0000060 TRULY NOLEN INC 66874072 001594 00 12/09/2008 101-3005-451.43-64 SPORTS COMPLEX 42.00 66877171 001784 00 12/09/2008 101-3005-451.43-59 BEE REMOVAL@LA PARK 150.00 66875098 001782 00 12/09/2008 101-3006-451.42-20 PEST CNTRL-MUSEUM 49.00 66874836 001785 00 12/09/2008 101-5008-419.42-20 BAIT BOXES 27.00 66874835 001786 00 12/09/2008 101-5008-419.42-20 PEST CNTRL-CITY HALL 89.00 66874851 001787 00 12/09/2008 101-5008-419.43-86 PEST CNTRL-POLICE SUBST 37.00 66874982 001783 00 12/09/2008 101-5055-422.42-20 PEST CNTRL-ST#70 85.00 66874984 001788 00 12/09/2008 101-5055-422.42-20 PEST CNTRL-ST#93 69.00 VENDOR TOTAL * 548.00 0000062 UNDERGROUND SERVICE ALERT 1120080338 001724 00 12/09/2008 101-7002-431.32-07 NOV DIG ALERTS-66 99.00 VENDOR TOTAL * 99.00 0000334 US BANK 2275241 001682 00 12/09/2008 310-9501-411.31-13 ANN'L ADMIN FEES 1,530.00 VENDOR TOTAL * 1,530.00 0001777 VALLEY ANIMAL MEDICAL CENTER 384625 001789 00 12/09/2008 101-5006-426.33-25 VET SVC 75.00 383995 001790 00 12/09/2008 101-5006-426.33-25 VET SVC 75.00 382954 001791 00 12/09/2008 101-5006-426.33-25 VET SVC 75.00 382953 001792 00 12/09/2008 101-5006-426.33-25 VET SVC 75.00 382021 001793 00 12/09/2008 101-5006-426.33-25 VET SVC 75.00 381978 001794 00 12/09/2008 101-5006-426.33-25 VET SVC 75.00 380173 001795 00 12/09/2008 101-5006-426.33-25 VET SVC 80.00 379604 001796 00 12/09/2008 101-5006-426.33-25 VET SVC 40.00 VENDOR TOTAL * 570.00 i0002431 VINTAGE ASSOCIATES `SI-68215 001621 00 12/09/2008 101-7004-431.56-02 PLANT REPLACEMENT 37.70 PREPARED 12/09/2008, 9:51:35 EXPENDITURE APPROVAL LIST PAGE 13 PROGRAM: GM339L AS OF: 12/09/2008 CHECK DATE: 12/09/2008 CITY OF LA QUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO VENDOR NAME EFT OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0002431 VINTAGE ASSOCIATES VENDOR TOTAL 37.70 0000070 WAL MART COMMUNITY 8985 001624 00 12/09/2008 101-3001-451.33-62 SP EVENT -VETERANS DAY 68.60 002830 001626 00 12/09/2008 101-3003-451.51-33 SP EVENT-HALLOWEEN 200.00 007332 001627 00 12/09/2008 101-3003-451.51-33 NEW EVENTS SUPPLIES 315.88 002357 001628 00 12/09/2008 101-3003-451.56-02 SUPPLIES -SPORTS COMPLEX 91.46 007871 001623 00 12/09/2008 101-3006-451.56-02 NOV MUSEUM EVENT 117.48 002861 001625 00 12/09/2008 101-5004-424.56-02 DIGITAL CAMERAS 322.99- VENDOR TOTAL a 470.43 0002100 WESTERN POWER & EQUIPMENT CORP X77259 001422 00 11/25/2008 501-0000-511.43-46 SWEEPER # 29 711.33 X77085 001423 00 11/25/2008 501-0000-511.43-46 SWEEPER # 29 11035.50- VENDOR TOTAL x 324.17- 0004401 WILLDAN FINANCIAL SERVICES 48029 001749 00 12/09/2008 101-7004-431.32-07 PH I L&L DISTRICT 5,847.50 VENDOR TOTAL * 5,847.50 0004669 WINKEL, MORTON A 210107-1 001827 00 12/09/2008 101-3002-451.33-43 INSTRUCTOR PYMT 201.60 VENDOR TOTAL * 201.60 0000753 WIRELESS WATCHDOGS 73339 001809 00 12/09/2008 101-4002-415.41-25 MOBILE PHONES 248.00 VENDOR TOTAL * 248.00 0003889 YU, PUI TING GRN BLDG101 001650 00 12/09/2008 101-7002-431.51-01 MILAGE-YU, PUI TING 31.35 VENDOR TOTAL * 31.35 TOTAL EXPENDITURES ■■ 2,915,141.85 GRAND TOTAL ■*>> 2,915,141.85 PREPARED 12/09/2008, 8:33:26 2009 TRIAL BALANCE PAGE 1 PROGRAM: GM257U1 AS OF 12/09/2008 ACCOUNTING PERIOD 05/2009 CITY OF LA QUINTA, CALIFORNIA SUMMARIZED BY BASIC ACTIVITY/SUB-ACTIVITY ____________________________________________________________________________________________________________________________________ FUND 248 2004 Lo/Mod Bond Fund ACCOUNT DEBIT CREDIT ACCOUNT DESCRIPTION ------------------------------------------------------------------------------------------------------------------------------------ BALANCE BALANCE 101 Pooled Cash 2,494,619.16 102 Cash with Fiscal Agent 6,003.59 103 Investments - Current 10,000,000.00 115 Accounts Receivable 125 Interest Receivable 126 Intergovernmental Receiv. 130 Due from other Funds 150 Premium/Discount Investmt 29,438.30 152 Advance to Other Funds 156 Deposits 200 Liabilities - Payables 201 Accounts Payable 203 Due to Other Agencies 204 Advance from Other Funds 205 Due to other funds 207 Accrued Expenses 209 Current Payables 222 Deferred Revenue 241 Revenue Control 128,634.68 242 Expenditure Control 11,090,959.50 243 Encumbrances Summary 245 Reserve for Encumbrances 290 Fund Balance 18,444,270.95 FUND TOTALS ________________ 21,096,963.09 ________________ 21,096,963.09 FUND IS IN BALANCE a •� a. Cn4 4P QK!Krcv COUNCIL/RDA MEETING DATE: December 16, 2008 ITEM TITLE: Receive and File Treasurer's Report dated October 31, 2008 RECOMMENDATION: Receive and File. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Transmittal of Treasurer's Report dated October 31, 2008 for the City of La Quinta. FINDINGS AND ALTERNATIVES: I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1/1/86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds. I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. Respectfully submitted, John M. Falconer, Finance Director 049 Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Treasurer's Report, City of La Quinta 050 `: Tl&r 4 64P094(rw MEMORANDUM TO La Quinta City Council FROM John M Falconer, Finance Director/Treasurer SUBJECT Treasurer's Report for October 31, 2008 DATE. November 30, 2008 Attached is the Treasurer's Report for the month ending October 31, 2008. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Department. The following table summarizes the changes in investment types for the month Investment Beginning Purchased Notes Sold/Matured Other Ending Change Cash (3) $ (8,357) (1) $ (1,467,576) $ (1,475,933) $ (1,467,576) LAIF 49,253,920 2,534,027 (3,900,000) 0 47,887,947 (1,365,973) US Treasuries (2) 33,844,739 5,000,000 12,721 38,857,460 5,012,721 US Gov't Sponsored Enterprises (2) 47,813,994 49,272 47,863,266 49,272 Commercial Paper (2) 21,928,331 45,041 21,973,372 45,041 Corporate Notes 7,985,834 (3,000,000) 2,858 4,988,692 (2,997,142) Mutual Funds 11092,446 7,834 1 8,010,004 90,276 8,002,170 Total $ 168,g10,907 $ 7,541,861 $ 16,377,580 $ 109,892 $ 160,185,080 $ 8,725,827 I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code, and is in conformity with the City Investment Policy. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months The City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. John M Falconer Finance Director/Treasurer Date Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawal$ from the previous month. (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. (3) The cash account may reflect a negative balance. This negative balance will be offset with transfers from other investments before warrants are presented for payment by the payee at the bank 3 Treasurer's Commentary For the Month of October 2008 Cash Balances — The portfolio size decreased by $8.7 million to $160 million. The major reason for the decrease was $8 million in payments for major capital projects including Ave 481h/Adams Apartments and Vista Dunes Courtyard Homes. Investment Activity — The average maturity of the portfolio increased by 4 days to 55 days at the end of October. The Treasurer follows a buy and hold investment policy and has not sold investments before maturity to take advantage of market conditions. A maturing GE medium term note was replaced with a U.S. Treasury Bill. The sweep account earned $235 in interest income for the month of October and the bank fees for the month were $ 2,050 which resulted in a net decrease of $ 1,815 in real savings. Portfolio Performance — The overall portfolio performance decreased by three (3) basis points from the prior month and ended at 2.61 % for the month, with the pooled cash investments yielding 2.66%. This decrease was lower than would have been expected because of an $8 million bond draw in U.S Treasury Money Market Funds in October. With the average maturity of 48 days, the portfolio yield should remain at these levels for the next three months with a small downward trend based upon reinvestments at lower rates. The Treasurer has more of a barbell maturity schedule with the longer term investments helping to keep yields higher as interest rates will gradually be falling. At this time last year, the portfolio was yielding 5.02% which reflects the current interest rate environment. Future Thoughts Due to the current liquidity crisis impacting financial and business institutions the Treasurer is concentrating on safety first and foremost. In the short term, the Treasurer will be maintaining LAIF balances at the maximum allowable percentage because its rate declines slower in a declining rate environment. The Treasurer will not be investing in corporate notes, commercial paper or GSE's due to the current economic conditions affecting the financial markets; but instead will be investing in short term (less than one year) U.S. Treasury Bills. Bond proceeds will be laddered in three- and six-month Treasury bills as they mature. -- C52 n CITY OF LA QUINTA PERMISSIBLE DEPOSITS AND INVESTMENTS October 31, 2008 The City Treasurer will be permitted to invest in the following types of investments subject to the maximum percentage compliance limits and bid process requirements All maturities must be less than the maximum allowed. of Investments uovernment 5ecunues ( except any collateralized mortgage obligation (CMO) or structured note which contains Government National Mortgage Association (GNMA) Federal Farm Credit (FFCB) Federal National Mortgage Association (FNMA) Federal Home Loan Bank Notes & Bonds (FHLB) Stanley Electric Capital Local (change Commission and whose portfolio consists only of US Agency Securities maintaining a par value per share of $1 All Funds Maximum All Funtla Actual % All Funds Over Under 85 % -0.95% -85 95% 60% 000% -6000% 100% 2184% -78.16% 30% 30.83% n/a 100% 30,000,000 20,000,000 25,000,000 20,000,000 $ 15,000,000 - 23,000,000 10,000 000 (15,000,000) (20,000,000) (2,000,000) 10,000,000 95,000,000 48,000,000 47,000,000 15% 1416% 0.84% 5,000,000 5,000,000 5,000,000 5,000,000 5,000,000 5.000,000 2,000,000 5,000,000 5,000,000 5,000,000 - (3,000,000) - 25,000,000 22,000,000 3,000,000 10% 3.21% -679% 5,000,000 5,000,000 3,000,000 2000,000 (2,000,000) 3,000,000 10,000,000 5,000,non (5,000,000) 30% 30 85% 0.85% 10% 000% -10.00% 20% 007% 100.00% Annualized Earnings of Pooled Cash Investments 2.665% Annualized Earnings of Fiscal Agent Investments 2.268% Annuali7Lad,Earnings of All Investments 2.606% rX C T7 W Restrictions Maximum I Maturity Credit Quality Exceptions <=$99,000 per institution 1 3 years FDIC Insured None <=$99,000 per institution 1 3 years I FDIC Insured None Except no more than $8 million may be invested overt years 5 years None Restricted to per -issuer limits below. 3 years None 100% $30.0 million $20 0 million $25 0 million $20 0 million $95 0 million 15% 90 days Standard & Poors/Mood s None A-1, P-1 $5,000,000 per Issuer 3 ears at least Standard & Poors "AA" None $40,000,000 per account Utilize DVP 3 years Unrated None 3 years Maintain $1 per share par value. Utilize DVP 60 days AAA by two of three rating None agencies or assets of $500 million land investor SEC licensed - 5 ym City 0 La of Su. —,al Halo -rap City. Recaveloar l Agency art FlwnunB Au%wty Ocra— 31, 2000 L GeHdinvgtmenb BenNKWunls Name-pvailaWi T I"are" Rate BOsk Valu< Aazuetl Inittesl Unr real Gen Lou Martel VaW" Bank We14 Farya-Gm5n0 Wdb Fal9o-S'va¢p PNIY Casll-GmaM W¢Ile fer -GnNnE TOUI-Bankacca is CBeWnB Sweep WA LI1CNn 000% 012% NIA 009% f (3,2W.]13 1,]61,121 12M .-ON $ 10]590J WA 235 WA Wp WA - WA Wp f (3,29],313 1]W.3% 1,250 d9,OJ9 5 1415.690 f 0,I05 1]04,121 1,2W U&!4 f 1.a.— U S GavemmBnl Spatial Enlerr;; Cuslolan Aiaua BankMNew Ywk-Cenana Bank N Nav YMt-De d Bane NN—Vak-Ceman. Bank M New YOM-Decal Bank N¢w YaN-Demand Bank NNew Yera El Bank al Naw Ypk- Oenantl BanF d New Vpk-CemanU BanFdNex Vak-DemanJ recal FIMUb Mac FHLB FFCB FFCB FrWEre Mac FHLB FHLB FHLB FreOOie Mac Daccunt/ NIe 207N% 24600% 21 W)% 233W% 24W% J635% 5125% 2830X 34W% AmabxO Value f2.Y38.]9B tfldd.58d 4,940,029 9.991 4.408,428 8,0%3]] 9,9M.2 2,983.141 24W,3W AanN Inlaeal 0 136,945 15,X7 Uraellxa5 Gun Loss f 1,202 d6W (2,029) (1,82]I 9.7T2 (1]]]I 59,723 ],i59 19,625 "t ull E3.WO,OW 1.999,2W 4.9d6,W3 9.99i.W0 4.4W.2W 8,139M5 10,040625 3,9I0.9W 25213i2 Ca, toMalunl ] 40 175 31 3B tY 59 15i 119 Par Value J.OW,WO 2Wg000 5.WO,WO 10.OW.NO 4.WO.OW B.WOAW to,OW.WO 3,0W.DW 2,SW,WO Settananl GIt Od/11A9 WI:pw 04/2YDB omm &162WB dR&2W8 ]/11/1W] fl2PRwe irz42W] Meanly [rate 11N]N9 1VIOADS W24W 12Y11NB 1211&VB im"S11114C8 tY19108 04e&09 02/3]/O9 Cal Gya IO MaNnI 210 1w We I81 I]5 203 53] 221 504 NNtl IO Mature, 212]% 2M2% 2161% 339]% 3.121X 2199% 52W% 2913% 5103% Martel VaIV� Scurte Bantu New Ywk RaMdNew Ye" Barrel Vwk BankIXNaw York BankINNew Y. WaNairkMNtw Ypk fiermYera BankMuray" BanhMNew Yak BankM New Vak Te19lUG GovemmeniSMYnl- E 47,853.266 f 152292 S 91064 s 48,112,U2 4B.W0.000 U S Treasury NN¢s Lmicdam Av4�MWi GnkIXNew Yak-PomanO Panty MNaw Vak-Oemane TMN-US 'accur, Issuerrt T�6ill UswunV Raie I]40% 08z% PmONZM Valae 4,959.9& 9WA, 128 1f 14.925,112 A¢rvetl Imaesl E Ural Gm Los4 6d66 fit]2 E 12.6JB MaM1N VaIVe f 49fi6 d50 99I4300 E N.940)`A Gys I. Matunl 216 139 Per Value SOOUCW 10.OW W0 E 15,OW.WO 9dBamenl Gla 101192W0 L192W0 Malunry Gie 0&tl4109 Y19R009 OnBinal Gye IO MaWn 21$ 101 YaIE 10 Malun 1398% OBdS% Martel VaWe $SU2e Ponk N New York PonkdNew YM MNium TMn Nole CusiWan�pn�la6Nt Bank al New YMCarrenB BsnkdNew Yak-CemanU I54ua? US BanGap General Ell Ce WI GSCOunV Paie 53W0% 412W% pmnNZN VaWe S 3,002,580 S 1986112 ACaueO In1aeN 1]0] 6,ie1 UnrwLzetl Gm Lpaa (9900) 1]]12 MaMN Ve... E 3,99J.90] f 1.9%181 Oiya IO Matunl 1i9 305 Pa! Velue 3.000,000 2.WJ.000 "elll¢menl Gle 09(21N] 0911flT] Maiuey Oa10 04(18'09 0&01N9 OnBna106ya IO Matunl 595 ]1d YNE Io Ma Wn 5110% 5W9% Markel Value SW�2 Ponk of New Yak Ponk of New Yak Tcap. -Mailum Term Nale E 4,980,fi93 E 6.000 f 2J,612 f d9]3168 E SWO.WO Prime Carmrercal Papa CualMlen-AvailaMle al New VAF-Way nE Balk Bankd New YCM-Cerrend BankIXNewYM-PomaM Ponkol New Vorh-Ma BankMNew YOM-Del TOWN Pnme Commttaal Pa IssuaR Nestle Cap Cory AT&T Ma9an Stanley MCWIe Croce, aL QSCamV Rale 199CO% 218W% 20WJ% 2)W0% 22200% AmMiz¢tl Value 4,90].023 1.9954 d996.15] a996,257 4,9904]8 21.973,372 ACcrvaE Interest UNwIiiM Wm Lau (!149 4,542 (M2) 3.743 640 3,114 Martel Value d.982,8]J 2W0WJ 4,995.]]5 5.0W,W3 4,99>NO 21.9I6,486 Drys IO Maturity, d8 19 10 10 5 Par Value 5.WDAO 2,000NO 5.,W)Wi) 5.W],WO 5.W0,MI0 22.OW.000 5¢Itlem , Cale Will 9R=008 &192Po0 Ra W19tlB La, Date 12/10'OB 1i/0&➢9 11/1om 11/iQTB 11NST8 Onpnal Wy. IO Melun 91 76 B3 04 ]0 YI¢IE Io Matunl 2ON% 2IN% 205i% 2]]]% 22]t% MedN ValY< BOUTe Bank al New York Gntal New York BaMMNewVM Ba4 aI New YOM BanMIXNex Ymk Local A9ancy lnwslmml Full Name-Availanilit IAIF -CIty - Pomace LAIF-RDA-Cemeno T BUIe Pcd GMIePwI Interest Pale 2]i% 2H% Back Value S ]9.226.0]a f 9.6618]2 AurvM tria N Veeal,-Ile Gam/Lou 132,962 B.]31 Ml Value f-693.113 f 9,6535d1 Gays to Matunl 1 1 ANual Management F. Car W Poit% Ob ¢nEinB 9l30N8 2>olt%-0VenCm &]DNB SNWiwy Management FSO eft Wolt% Well% Tobl - lace Pml E 4],BB],90 E E 41,29a E 47.B46.853 f 13T641309 f tel IS 47.9N1 1 f 1T,819099 Total Cay lm<kManb Tel LIN Caslr& Imas4Mes S 13818fA56 f lar,3a0 f 4i.B]V f 1"374,001 V U"t CJl 6iq.la O—W Summary.H.tlmps Cdy, RWeveloPinent Apenty NiaFinanong Aulnmty 0Mb« 31, 2000 FIw1 A9enl lmasb,ul _ Paddla RM lnvestmeMa CuslW ien-Aveilabili 000$ ROAUS BankLIP 200a Firerce Aullaail CIP TOOL U 5 heave loom? Ufheasury Bill USTreasu B�II Inlernl Pale taCOX 1<O]% NnMixeU Value E 1J.958 )06 9,9]OS62 f 23.929.3s0 Ac .I Inittesl UlueolvN Darn Lou E 33.65i 2C.0]0 f 5] 692 Martel Value f 1],992A<0 9090.600 f 23.90].000 Oays IO Malunt a8 a0 Par Value 1<WO,000 t0.000 W0 JA000,000 Selllemenl Dele CNBTB ONI4C0 Melunly Dab 12/1&UB 1L10N0 Onprol Days IO MaWnI 10I 103 Yeltl to MBlun 2T]fi% 2Z10% MaM1eI VaMe $CURB Uf BanF Uf Bank Pplldio-Morey MMl MUIuaI FUMs Morey MCMeI Bwk AttrueE UnreeLrable M.N. Daysb Manapemenl Tmslee-AvailabY Mutual Fund Rab Value Intelesl Gmnl Lms Value Marvell 2 dIssue Fres CZ Cen1m U 55ank-F . I. Amennn Olio% WA E 1 1936 Lary Hall Revanue Sws CO%ol Avenge Daly Q. Cent U 5Seek -DMI Sve 151N siicen C110% N/A - 1 1m CZ HaY Revenue Omds 1994 ROT U 5 Ben4-0¢b15uc tSt PmI n O 110% 1 WA 1 1 1 Wt Senes BeNI_ROA 1 IMRDAUSB,ank-CIP 1st M.en®n Olio% WA 1 1995 X0usinp Binds-ROA102 1995 ROAU5Bank-Spinal Fvntl 1sl Ametl®n 0110% - WA - 1 1995 Rwanp Binds-ROA 102 2004 Fm Autb-1995 US Benk- Isl Amsl®n 0110% WA 1 2Wf Faul Autnony 1MRDAU S -CIP BaO let AmMCan 0110% WA I -RDA1 1995 RDA U 5Bank-COI Sv U.Amolcan 0110% WA 1 IMSeeNs BeMs-ROA2 1990 RDA US W.-6—Fund lee w. O110X WA 1 1%5 Houlnp Bonds -ROA 162 1990RDAUSSank-CIP Ist ARamm� Olio% WA 1 19305elea Omds-RW2 2WI RM US Bank - OletS[ ISI Cell 0110% WA 1 2W15edea BpMs-RW1 2001 RDA US Beek-CIP 1el AmeMan 0110% WA 1 2Wi Senu Bond: - RDA 2W2ROAUS Bank-Gb15vC isl AmMan Olio% WA - 1 20025edu Bmd:' REA .2 RVAUS Bank isl Ammlpn Olio% 8s.]09 WA B!.]09 I 1W25enu Bpn&-ROA1 3WJTaxuble RDA U S Bank � OS 1. A,Nl i®n 0110% WA I 403 Sancta Nnds-ROA1 2003UNade RDAU S Call 15t. en Olio% N/A I 20W Sores Binds-RDA1 2003 TavaRe ROAU 5 BankCIP 151Nrcntan Olio% N/A - 1 2W35Mes B0nda-RDA1 2000 FIn Au1b U5 BA. -CIP I.Pmeman Olio% 5.550 N/A 5,566 1 2W< Flrunonp AUNmty 2004 Ful AUN USBan% CO' IMAe,eman Olio% N/A - 1 2oX Flnanan /wpm Subl.al-MWu. Fund E TWI Fiscal A9snt Imeseewl S 2a 019,ea f S S],092 f 2A0]]315 Grail E 10Q105000 f teq]00 f QSS f 180<51,]t] Aven9a MCNdry act Da • 1 007F% .D r—n a) City of La Quints Summary of Investment Activities City, Redevelopment Agency and Financing Authority October 31, 2008 Imes tmams Purchased Name T Principal onto Yield to MaturityPer T-Bill LAIF-RDA US Treasury 5,000,000 10/29/2008 1.368% 5,000,000 State Pool Interest 56,038 10/1512008 56,038 lA1F-CITY State Pool Interest 277,989 10/15/2008 277,989 LAIF-RDA State Pool 500,000 10/16/2008 500,000 LAIF-RDA State Pool 1,200,000 10/17/2008 1,200,000 LAIF-RDA State Pool 500,000 10/31/2008 500,000 Mutual Funds -Reinvested Interest Income Mutual Funds 7,834 Total Investinents Purchased 7,541,861 Investments Sold/Matursd Yield Name Type Principal Data to Motu Par General Electric Capital Madium Tenn Note (3,000,000) 10/15/2008 5.240% (3,000,000) LAIF-City State Pool (1,500.000) 10/8/2008 (1,500,000) LAIF-RDA State Pool (500.000) 10/21/2008 (500,000) LAIF-RDA State Pool (500,000) 10/27/2008 (500,000) LAIF-RDA State Pool (1,400,000) 10/29/2008 (1,400,000) Mutual Funds - Bond draw Mutual Funds - Bond Draw 8,010,004 N/A Toal Irnastrrtents SddMlatured 14,910,004 Chsckl 3 Savings - Net C S (+,467s76 Unanlortlsed Premium/Dlscourd Change S 109,892 Investment Change Prior Month Ending Balance $ 168,910,907 Plus: Investments Purchased 7,541,861 Less' Investments Sold (14,910,004) Checking 8 Savings - Net Change (1,467.576) Unamortized PremiuMDiscount channe 109,892 Month Ending Balance $ 160,185,080 0 n U1 +J City of La puma Distributor of Cash & Investments & Balances October 31. 200B Distribution of Cash & Investments GI Totals FundS 45564.00) Gas Tsar 343,272 Quimby Fun0 10,435.159 AS 939 1,435.]6] Infrastructure Fund 401,546 Devebper Impact fees Min Public Places 1,0 47 Special Revenue ,138,38,5Special ]3J,684 Interest Fund 574,602 Fund CapitEquip 49B,846 ent ReProtect Equipment Replacement Fund 2 ]98 342 Tent Fund InfoFar 1, ] Park Equipment Equip & Facility .689 1688581 I-andSd,. cape & Fund Fun (277,596) schDrp Silverfiock Resod ]15.)fi]) TrUstB an, Funds 358602 Subtotal $ ]6,09t,456 Redevelopment A en Totals PhasTArea Prow Area 2 Capital Improvement Funds $ 4],]36,461 $ 38.733,439 $ 9,0031022 Debt Service Funds 10,192,115 13,97,870 24,189.985 Low & Moderate Income Funds 3 ]09,434 15,872,022 12162,588 Subtotal $ 45,216,120 S 38.872,914 $ iM,on OM Financing Author) Protect Funds Debt Service Funds 4,591 Subtotal $ 4,591 Taal S 1fi6165080 Cash Balances Ty,, July 08 Aupust September Ocober November December bay, nl Ma June Cash& lrrvesimems It (3.914,d58) $ 10.879.936 $ (8,39) $ (1A75,933) State Pool $ 47,903,920 $ 46.503,920 $ 49253.920 $ 47,837,9d7 US Treasury Bills/Notes $ 42.760,593 $ 28.833.432 $ 33,844,739 $ 38,857p60 U S Government Sponsored Enterprises $ 54,764,811 E 57,762,273 $ 47,813,994 $ 47,863266 Prime Commercial Paper $ 27.954,094 $ 22.916.716 $ 21,928,331 $ 21,973,372 Corporate Notes $ 7,976.235 $ 7,981113 S 7,985.83d 3 4,988,692 Mutual Funds $ 11506388 IS 11521102 $ 6092E46 3 90276 Total $ 188951643 1186398492 3 168910907 $ ifi0185080 _ T e July 07 Ahaust September October November December Jan W Februa Marc M1 i Ma June Cash &InvasbnenLs $ (1,508,655) $ 11,519,308 $ (1,202.083) S (67.5119) $ (45H,059) $ (1,)12, 44) $ 1,819023 $ 5.586462 $ 69,858 $ (991669) $ (612,892) $ 11.534,3]4) State Paol $ 48,453,085 1 47,853,084 $ 46rM3,065 $ 38,03,616 $ 41,633,616 $ 44.433,616 $ 49,849.3% $ 39,249,396 9 42,9!?1 $ 46,978,392 $ 50.T]8.392 $ 48,528,392 US Treasury 8015Moles S 65gM,617 $ 55,262.918 $ 53,362,004 $ 53S77,657 $ 53.780,353 $ 49.260,540 $ 49,403.255 $ 49,536,761 IS 43,676,884 $ 43,)95,55] $ 51,855,865 $ 42,515,355 US Government Sp0nsored Enterprises S 59,359,785 $ 59,470,614 $ 54.525,768 $ 54,620.759 $ 44.697700 $ 44,748.232 S 54,795,3% $ 54795,282 $ 54,689,707 $ 59.7252% $ 59,818,389 $ 59.712,631 Prime Commercial Paper $ 25,834,778 $ 19,940,137 $ 19,814,654 $ 19,845,243 $ 24,882]55 $ 19,925,829 $ 29.M.351 $ 24,956792 $ 19.950,070 $ 19.954.143 $ 29.949,962 $ 27,90618d Corporate Notes $ 2.M6,978 $ 2,%0,69] $ 7,928243 $ 7,933,121 $ ],93],841 $ ],9d2,]19 $ 7,941,598 S 7,952.1130 $ ],95].039 $ ],961.]59 $ 7.966,638 $ ],9]1.358 MNuai Funtls $ 5]43508 5,767,927 $ 6884010 63823 4.237566 4 8979,214 $ 8981,573 $ 9015]]9 15M,Afi E $ 27M 547 1210449Tobl E 205.8J0)fi 20 , . M5 $ 191,006,632 $ 18373 )29 , S18621 1,$2840 901 1973fi8,285 Time Jul O6 Ausust Se ember Ocober November December Ja 0] FeDrw March A nl Ma June Cash&Invesimen5 (E1,650,861) $9,842.448 ($1,6J6471) ($582.525) $409,191 1$2,154,d06) $ 4,982061 $ 5,981,498 $ 394,962 S (W3.38fi) 8 2,593.441 $ (2,339.673) StatePwl $32.036723 $26,236723 $21.086,]23 $21,530.025 $37.130.025 $38,630.025 $47,636,025 $46786025 $30.836,025 $31.42fi298 $51,526,296 $51,526,296 US Treasury BiII5IN0tes $M,139225 $1d5722,266 $140,338,952 $131,875,012 $115,835206 $103,461,059 $115,107,484 $115,546619 $112.652,1)4 $113,116.251 $104,450,49B $55,62],4)6 U S Govemment Sponsored Enterprises $24780.675 $29,798258 $J4,7M.W3 M.847,577 $29.80,597 $28.M,010 $34,301.366 $29,414'803 $29,536,553 $29,426742 $29,376A94 $29.618.152 Prime Commercial Paper $11,937,96B $2,987,757 $8,952.392 $16,919,258 $15,948.099 $20.W.343 $18,937,527 $18,969,9fid $14.9 $13.911,]22 E28.756954 $28,842,689 Corporate Notes SO $0 SO $2.914,230 $2.917,829 $2.921,547 MliQ5,26fi $2.92B.625 ,492 $2,932,344 $2,935.942 52.939.661 $2.943.260 Mutual Funds $5645962 SS 66]993 $4,422571 4439121 2295.718 0072033 $d 184)]0 $2722320 $4647152 $3,01132 $828,916 $fi683B3] Total $FiMi 691 $220255 dd3 20I,948030 $ 20fi 942,tie $ 204432 E65 $200810,810 $ 2280544]e E 222.329654 $ 195.562.]02 519349fi]02 $220472260 $ 212902037 T ul Jul 05 S leiter October November December Janu O6 Februa March A nl Ma June (E296)45) $3122,841 $3,420,223 $61.346 ($45],2)]) 154d5,923) $1,232.]4fi $1,5)5,]26 ($1,102.655) $1,269p6d ($119.92d) Slate Pool $34,858.208 $SJ4.558,208 $39,009.320 $19559,320 St>,209.320$18,999.252$25,699252 $28.199252 $29.5]8,644 $262]8,644 $29,]]8,614 US Treasury Bil"otes $115,521,014 $1$1➢7,219,691 $101, M,131 $126,921,553 $132,200,16) $1J1,882,016 $132.208.8]5 $130,940.988 $1311i6.318 Y145fiJ6$B3 $144,812,]94 US GOvermnentSponsorodEnterprises $Y8.591.456 5$28.550,804 T---- $28,530,146 $30,974,281 $29,83],55] $39,]087d8$34,)03370 $34745,870 $34,]86,996 $34,829.4% $34,870,625 Pnme Co Notes )Paper Notes 8,977,576 21,973372Corporate -8.9)3,538 2,988,S6o Mutual Funds 3561182 8,182,129 7,68650fi ]]W.B13 5,]22 ]Sfi 65Id 355 11133458 fi018458 58W,13] 588d.200 5.626.9]3 Total $ 182235115 $1 $ 178.633,673 $ 185.Bd5.32fi $ 185223,313 $iBd 512$23 $ 209696124 E 226951 W3 $ 201 A80.2]4 $200243,442 $222873925 S 217927672 U City of La Quinta Cash Flow Analysis FV O8/09 Beginning Cash Balance Actual Forecasted Forecasted Forecasted Forecasted Forecasted Forecasted Total YTD Through 10/31/08 November-08 December-08 Janua -09 Februa -09 March-08 Apnl-08 197,368,460 160,185,079 159,394,509 158,896,422 205,425,134 205,407,506 206,866,730 197,368,460 Properly Tax/ Tax Increment Transient Occupancy Tax Sales Tax Other revenues 236,906 295,283 343,055 11 355,404 197,230 413,378 509,738 2,576,651 750,011 531.486 509,738 2,248 142 41,798,516 708,648 679.650 7,986,041 277,250 708,648 543,720 3,164,860 713,456 797,229 577,703 2,908,881 697,727 767,702 577,703 2,967,436 44,671,096 4,222.374 3,741,305 33,207 415 Revenues 12,230,648 3,696,997 4,039,376 51,172,855 4,694,478 4,997,268 6,010,568 85,842,191 Expenditures Salaries & Fringe Benefits Redevelopment Agency Other expenditures Capital Projects Debt Service (Principal/interest/Pass Through) 2,222,470 5,192,423 14,278,891 10,067,230 12853814 926,327 164,110 2,788,556 608,575 0 926,327 210,918 2,684,224 715,994 0 926,327 315,628 2,793,563 608,575 0 926,327 194,448 2,784.510 608.575 198,297 926,327 219,910 2,675,813 715,994 0 926,327 677,688 2,783,871 608,575 0 7,780,432 6,975,124 30,789,429 13.933,518 13,052.111 Total Expenditures 44,614,829 4,487,567 4,537,463 4,644,093 4,712,157 4,538,044 4,996,461 72,530,614 Net Revenues/Expenditures 32,384,181) (790,570) (498,087) 46,528,762 (17,678) 459,224 14,107 13,311,577 Changes in Assets/Liabilities (4,799,199) (4,799,199) Ending Cash Balance 160,185,079 159,394,509 158,896,422 205,425,184 205,407,506 206,366,730 205,880,837 205,880,837 Net Change in Cash before Maturing Investments (37,183,381) (790,570) (498,087) 46,528,762 (17,678) 459,224 14,107 8,512,377 Projected Sources /Uses of Cash - City Pooled LAIF Matunn Investments - Pooled Cash 187,570 26,000,000 1217,913) 33,500,000 (47,137,762) 0 (789.619) 2,500,000(10,000,000) (4,325,224) (14,107) 8,000 000 Total 25,818 430 33,717,913 47,137,762 3 289,619 74 325,224 8,074,107 Projected (Sources)/Uses of Cash - Fiscal Agent Bond Money Market 609,000 716,000 609,000 609,000 3,866,000 0 Bond Sale Proceeds 0 0 0 0 0 0 Maturing Investments 0 (24.000,000) 0 0 0 0 Debt Service Money Market 0 0 0 798,297 0 0 Total 609,000 23,284,000 609 000 1 807,297 3,866,000 0 no LAIF Balance 47,887,947 73,706,377 107,424,290 154,562,052 157,851,670 172, 176,894 180,191,002 Bond Capital Project Money Market 90,276 (518,724) 1 22,765,276 22,156,276 21,547,276 17,681,276 17,681,276 Debt Service Money Market 0 0 0 0 199 997 198,297 198 297 Major Changes in Cash Flow Analysis from Prior Report Revenue None Expenditures Purchased land for $41m in Project Area 1 Low/Mod Housing P CM of La Crams Remnahabon of Actual and Surplus Fulls City, Famevelopmenl Agency all Financing Au1Nmy Curt 31, 2000 Balance Puty cashActuFunds 160,185,060 Less Pety cash Funds p2501 Less NpnSurplu, Funds (2.152,1711 I Balance of Surplus Funds 515e031659 Bank Accounts Name. Avalstud Su lus T Bxk Surplus Yes Ad, Wells Fag. - Demand No CMchinO $ (J,293,]13( 5 - WealimiIp Swep Petty Cash-DemaN No NIA 1,250 Wais Fa IHou -DemaN$ 49,[03$ 490WTotal-Bank A20un6 $ 14i50ll $ 49,ONLlti U $ Treasury Cuad dean-AvaANll Sur lus Issrer? An'pduad Value Surplus Tee Ad Surplus Yes Bank of New Tark-Demand Bankof Yes Yea T-But T-Bul 9,9fi8,126 1 9,986,120 d9599B4 9NO.128 6d66 tal -0S ToNewTommy 9,968,129 id,926,112 9,Wd,59d U S GovemmeMBponmmd Enterprises AmoNZM Surplus Sunk. Cusladlan-Avslapil Surplus Issuer? Value Yes Ad Yes Bank Of N¢w YOM1-Rmano Yes Foods Mac 2.90.798 2998,798 2,998,i98 8ank of New York' Camaad Yes FHLB I9l 1994,564 1.9945" Bank of New York'CemaOd Yes FFCB d,048,029 1,948,029 4,91ry029 Bank of New Your Cemand Yes FFCB 9,990,021 9,998,82i 9,990,82i Bankol New York Demand Yes Freddie Mac 4488,428 4,488,428 4AN 428 Bank of New York : Drum and Yes FHLB 0,004,27 8,W4,2ii 0,000277 Bank pf New Ymk Demand yes FHLB 9,980.902 9,980,902 9,980,902 Bankof New Tmb Demand Yes FHLB 2,963,141 2.953141 2,95 141 Bank ONew Y" Demand yes Freddie Mac 2486,3W 2,486300 24W,3W Total US Goremmem Secumks 47 N-3,265 0,063,266 47 BW 266 Medium Term Road Book Surplus Surplus Cusmdan- Avoilabu Sur lus Issurr? Value Va's Yes Ad Yes Dank of N¢w TOh O¢mand Y¢s US Bancorp 3,008,580 ],W8,580 3,p 580 Bankol New Yost-OemaM Te5 G¢reral EkN¢ Capital 19W 112 1,986,mot Told - Medium Terma r P 4.988692 4,988.692 4,900,692 Prime Conrail Paper Ouss"i AvauaGl surplus Issuer? Book Value Surplus Yes AO Ship. Yes Bank of New ma York-Dend Bank of all York. Demand Bank of New York - Demand Bank MNew YOA-CemZ BankW=York-DemaN Year Yes Yes Yes Yes Neslk Cap Carl AT&T Morgan Stanley Mende Comompaphs 4,987.022 1,995,458 4,996,157 4,99525i 4990478 4,987.022 1,995458 4996,157 4,996257 4NO 470 4,987,022 1995468 4,998, 157 4,996,257 4998478 Total - Prom Commercial Paper 21,1 1 gi W2 21.8i3,3i2 Professionally Managed Agents Name - Availabll Su lace T BooF Surplus Yes AO Surplus Tea es Total - Poksslorell Managed Account Lra l Agency mvesldand Fund None Surplus T Book Surplus Yes Surplus AO Yes tAIF-CM'CemaM IAIF�RDA -DemaN Yea Yes Slate PWl State Ppa 38226,Oi5 96619i2 ]8,2260i5 9,6618i2 (38i0,]&]I 3d,5d],i12 96618i2 Total - stage Pool 47887947 di,00]9di 38i0,383 4426$5& Surplus No Act Surplus No All Funtls Actual % Surplus Yes $ (3,290, $ 5,4d2,121 $ 2.152,171 t121 ,]61, 5 (1 )N,t2t) 1,250250 1,250 E I524,812 $ 3,670.363 $ 7lim A91 -09505X youlaR Surplus No Ad Surplus No All FurMa Actual % Surplus Yes 812iTh 651 E0% Surplus Funds SurpluADActual% Yes IAll 308347% 312672% Surplus No Ad Surplus No All Funds Actual% Suplus Yes 32138% ]2589% Surplus No Act Surpus No All FuNs Actual% Surplw Very 141558% 14 ]543% Surplus No AO Surplus No MIFuM9 Actual% Surplus Ves 308506% 2B B004% Twoll City investments 1]i,601.1p6 137,Mip89 3,61 129.0p9,508 8sAi80% 813]89X Total City Cash B InvetManis 1H,205,di1 137,690A98 3,Bi8,383 129A54s1i1 (1,524.941 3,678,363 1],15],dit N.Sis9% N.]009X Famous -Cdy lnvsalmenls Custodian-AvaNdl Su lus emanate Amarllzad Value Surplus Yes Ad Surplus Yes 20@ RDA U S SalYes 20. Finance AUMo GIP Yes U S Treasury BJI US Treasu BJI 13,958,i06 9970,552 13958,786 9,97o SU 1].&50,i08 9.9]0562 TMal-US Treasury 23929.348 1 23929,348 23,apoi POMOIp-MNuaI FUNS TmeleeAvallabll Su u s Morey Mallet Mutual Fund Bcok Value SuryJus Yes Ad Sul Yes Cwp Center U S Bank. Propp YES 151 American Cwp Center U S Bank - Dell Svc YES 1st American 19%RDA US Bank -Dell Svc YES 1al Arrencan 1 1 1 19BS RDA U S Bank - GIP YES 151 Amen.n is tM RDA U S Bank - Special FUM YES Amengn 200I1111 1995USBank-Esow YES 1st Amenrn 1936 RDA U S Bank -01P YES 19 Amened 1NO RDA U S Dank - Dust Svc YES iM Arnentan INN RDA U S Bank- Special Fund YES 19 American 199BRDAUSBank-CIP YES isl Annual 2001 RDA U S Bank - CIA Svc YES trial American 20D1 RDA US Bank -CIP YES 19 American 202 RDA UE Bank - DM Svc YES 1st American 2002 RDA US Bank -CIP YES Iat American 847N &.709 84,709 2903 Takabk RDA U S Bank -DS YES 1slAmenwn 2DU Taxable RDA S BankG01 YES I American 2003 TasaMe RDA S Bank -LIP YES Ill American 2004 Fin Amid US Bank -CIP YES 1AAmerpan 5,555 5.566 5588 SON Fur Amh US Bank- C01 YES 1stAmerican Subbtal - Mutual Fund 11 90276 9o.2T6 No Aii Suits. No Act Surplus No All FUNS Aquae/ Small Yes 9 o5az% oos9D% Total Flecal AIM ln.a .% N.019,624 24,019,624 34.019.R4 15ON% 15.89fl% Grand TWl 15s235.09i 161,710,022 3,678A63i53.W8]41 1,520.9Q 3.178381 3.15],R1 100.0000 100.OW0X 7 7 eta. 059 City of La Oumta Comparative Rates of Interest October 31, 2008 Year Month FY 02fO3 July 2002 August2002 Sept 2002 Oct2002 Nov 2002 Dec 2002 Jan 2003 Feb 2003 Mar2003 Apr2003 May 2003 June 2003 FY 03104 July 2003 August2003 Sep12003 Oct 2003 Nov 2003 Dec20O3 Jan 2004 Feb 2004 Mar 2004 Apr2004 May 2004 June 2004 F Y 04105 July 2004 August2004 Sept2004 Oct 2004 Nov 2004 Dec 2004 Jan 2005 Feb 2005 Mar2005 Apr2005 May 2005 June 2005 FY 05106 July 2006 August 20D5 Sept 2005 Oct 2005 Nov 2005 Dec 2005 Jan 2006 Feb 2006 Mar 2006 Apr2006 May 2006 June 2006 FY 06107 July 2006 August2006 Sep12006 0c12006 Nov 2006 Dec 2006 Jan 2007 Feb 2007 Mar2007 Apr2007 May 2007 June 2007 FY 07108 July 2007 August 2007 Sept 2007 Oct2007 Nov 2007 Dec 2007 Jan 2008 Feb2008 Mar2008 Apr2008 May 2008 June 2008 FY 08109 July 2008 August 2008 Sept2008 Oct 2008 Nov 2008 Dec2008 Jan 2009 Feb 2009 Mar2009 Apr2009 May 2009 June 2009 Annualized Eamin s Pooled Cash Fiscal Agent Overall 2 46% 100% 2 05% 245% 127% 207% 246% 126% 210% 241% 100% 208% 232% 100% 202% 223% 100% 180% 211% 080% 162% 199% 059% 174% 201% 075% 178% 198% 072% 176% 186% 073% 154% 173% 049% 140% 166% 052% 143% 165% 045% 135% 165% 049% 126% 159% 048% 136% 164% 048% 138% 167% 057% 141% 1 58% O n % 1 37% 165% 030% 138% 150% 050% 133% 150% 050% 133% 154% 050% 136% 169% 047% 162% 173% 050% 168% 1 73 % 050% 1 57% 179% 107% 168% 179% 114% 172% 179% 143% 173% 189% 223% 208% 200% 225% 212% 2 16% 2 26% 2 22% 216% 267% 243% 227% 269% 249% 247% 270% 258% 259% 310% 283% 265 % 311% 287% 264% 311% 281% 307% 348% 320% 333% 351% 334% 370% 353% 355% 381% 363% 367% 411% 400% 406% 414% 401% 409% 421% 445% 431% 430% 446% 437% 467% 448% 460% 474% 498% 483% 493% 5,00% 496% 494% 501% 497% 498% 501% 499% 500% 502% 501% 504% 503% 503% 508% 504% 506 % 518% 512% 516% 519% 513% 517% 521% 503% 515% 520% 614% 515% 520% 505% 516% 519% 488% 510% 521% 490% 512% 517% 485% 508% 516% 486% 506% 511% 485% 502% 503% 483% 496% 495% 343% 445% 458% 333% 422% 412% 324% 386% 407% 283% 367% 345% 327% 341% 314% 327% 317% 309% 194% 286% 299% 193% 277% 316% 192% 288% 281% 192% 264% 266% 227% 261% Average T asuryBills Three Month Six Month One Year 173% 1 64% 162% 1 55% 129% 1 27% 1 16% 1 20% 118% 117% 110% 0 86% 0 98% 106% 101% 1 04% 1 03% 099% 100% 101% 101% 119% 138% 173% 1 74% 178% 1 95% 204% 2 37% 2 56% 256% 285% 2 85% 309% 311% 3 22% 3 64% 369% 375% 375% 416% 420% 444% 458% 463% 474% 4 84% 511% 606% 4 97% 5 00 % 496% 4 94% 4 90% 498% 495% 4 88% 484% 481% 481% 4 80% 469% 400% 396% 334% 339% 231% 207% 150% 170% 192% 214% 170% 188% 229% 169% 189% 214% 142% 179% 196% 090% 140% 172% Three 2 59% 260% 249% 230% 231% 2 10% 1 95% 1 98% 1 86% 180% 170% 165% 1 63% 1 64% 1 60% 1 57% 1 55% 1 53% 1 44% 1 47% 1 45% 1 43% 1 43% 160% 1 67% 177% 189% 2 00% 2 13% 226% 2 37% 2 37% 272% 2 86% 2 97% 308% 318% 3 32% 346% 3 64% 381% 396 % 404% 414% 431% 456% 470% 485% 495% 502% 510% 513% 513% 516% 6 18% 521% 522% 525% 525% 526% 525% 523% 514% 40% 4 80% 4 62% 416% 378% 340% 307% 289% 218% 279% 208% 278% 213% 277 % 207% 271% "It' C 60 12 City of La Quinta Chart of Interest Rates May 2008 through October 2008 3.50% 3.00% 2.50% 2.00% 1.50% Percent 1.00% 0.50% 0.00% May 08 June 08 July 08 Months August 08 September 08 October 08 — -- Annualized Earnings of Pooled Cash Investments —Annualized Earnings of Fiscal Agent Investments ■ Annualized Earnings of All Investments —+—Six Month Treasury Bill Rate W ceitivl 4 XP Qumraj COUNCIL/RDA MEETING DATE: December 16, 2008 ITEM TITLE: Receive and File Revenue and Expenditure Report dated October 31, 2008 RECOMMENDATION: Receive and File BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Transmittal of the October 31, 2008 Statement of Revenue and Expenditures for the City of La Quinta. Respectfully submitted, A-4 M ohn M. Falconer, Finance Director Approved for submission by: �,�A - Thomas P. Genovese, City Manager Attachment: 1. Revenue and Expenditures, October 31, 2008 C62 CITY OF LA QUINTA REVENUES -ALL FUNDS FUNDS ADJUSTED BUDGET RECEIVED RECEIVED General $40,098.089 00 $5.285,867 72 13 20 % Library 2,628,600 00 000 0.00 % Gas Tax Revenue 990,400 00 279,748 87 28 20 % Federal Assistance 186,11000 000 000% JAG Gram 000 000 000% Slesf (Cops) Revenue 100.500 00 6344 0.10% Indian Gaming 150,60000 25,36711 1680% Lighting & Landscaping 927,90000 000 000% RCTC 1,997,70000 427,50975 2140% Development Funding 000 000 a00% Crime Violent Task Force 83.60000 41,34015 4940% AS 939 141,10000 4,02304 290% Quimby 1,029,600.00 29,054.02 280% Infrastructure 000 1,12514 0,00% Proposition IS 557,171.00 1,739.93 030% South Coast Air Quality 56.200 00 13,550 49 24.10% Transportation 1,034,40000 709,19903 6860% Parks & Recreation 356,80000 61,994.00 1740% Civic Center 424.200.00 100,533.68 2370% Library Development 142,000.00 29,431.07 20.70% Community Center 69.400.00 8,333.48 12 00% Street Facility 35,600 00 24.874.51 69 90% Park Facility 10,800 00 1,80331 16,70% Fire Protection Facility 59,600.00 14,18438 2380% Arts In Public Places 102.700 00 96,635.33 94 10 % Interest Allocation 000 574,60214 000% Capital Improvement 119,099,601.00 13,008,909.03 1090% Equipment Replacement 807,18100 724,82183 8980% Information Technology 529,201.00 498,44311 9420% Park Equipment & Facility 447,69400 418,19497 9340% SilverRock Golf 3,759,926.00 394,811.93 1050% SilverRock Goff Reserve 79,19900 474.33 060% LQ Public Safety Officer 2,500.00 2,05733 82.30% La Quinta Financing Authority 6,610,874.00 4,314,888 13 65.30% RDA Protect Area No. 1 81,746,779.00 3,499,058.22 430% RDA Project Area No 2 31,883,598.00 1,548,363.36 490% Total $296,149.623 00 $32,141.002 83 10 90% CITY OF LA QUINTA EXPENDITURES - ALL FUNDS 07/01/2008 - 10/3112008 FUNDS --ADJUSTED-- BUDGET EXPENDITURES REMAINING BUDGET PERCENT enera Library 1,686,237 00 176,412 05 1,509,824 95 10 5% Gas Tsai 1,136.887.00 214,338.00 922,549.00 189% Federal Assistance 186,110.00 623.40 185,48660 0.3% JAG Grant 000 0.00 0.00 0.0% Sleet (Cops) Revenue 100.400.00 0.00 100,400.00 0.0% Indian Gaming 150,600.00 24,96260 125,637.40 16.6% Lighting & Landscaping 927,900.00 309,29989 618,60011 333% RCTC 3,744,87700 109,11875 3,635,75825 2.9% Development Agreement 0.00 000 000 0.0% CV Violent Crime Task Force 57,100.00 14,063.16 43,036 84 24.6% AS 939 0.00 000 000 0 0% Quimby 9,030,13100 2,81408 9,027,316.92 0.0% Infrastructure 397,576.00 000 397.576.00 00% Proposition 1 B 1,164,996 00 17,830 96 1, 147,165 04 1 5 % South Coast Au Quality 26,600 00 11.352.31 15,247 69 42 7% Transportation 8,284,99100 1,853,69673 6,431,29427 224% Parks & Recreation 37,500.00 10,367.98 27,132 02 27 6% Civic Center 434,01400 131.08088 302,933.12 302% Library Development 48,750.00 13,35069 35,39931 274% Community Center 0.00 0.00 0.00 0.0% Street Facility 2,484,563.00 3.890.00 2,480.673.00 0.2% Park Facility 000 0.00 0.00 0.0% Fire Protection 1,423,12500 6,436.49 1,416,68851 0.5% Arts In Public Places 696,200.00 24,798.84 668,051.16 3.6% Interest Allocation 000 000 000 0.0% Capital Improvement 119,099,60100 13,008,90903 105,987,09362 10.9% Equipment Replacement 878,646.00 52,492 77 826,153.23 6.0% Information Technology 627.827.00 113,00793 514,81907 180% Park Maintenance Facility 87,56500 31,50701 39,554.19 36.0% Silver -Rock Goff 4,519,57100 1,220,52562 3,299.04538 270% Silver -Rock Reserve 0.00 0.00 000 0 0% LQ Public Safety Officer 2,00000 000 2,00000 0 0% La Quinta Financing Authority 6,612,244.00 4,321,D90.55 2,291.153.45 65.3% RDA Project Area No. 1 127,373,150.00 18,804,628 41 108,568,521 59 14.8% RDA Project Area No 2 44,846,995.00 13,944,583.41 30,902,411.59 31.1% oa 064 3 CITY OF LA OUINTA 0710112008-10/3112008 GENERAL FUND REVENUES DETAIL ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED TAXES: Property Tax 2,838,60000 126,74778 2,711,85222 4A70% No Low Property Tax Distribution 2,843.300 DO 110,15757 2,733,14243 3870% Sales Tax 6,796,500.00 758,600.00 6,037,90000 11160% Sales Tax Reimbursement 2,265,500.00 96,95868 2,168,54132 4280% Document Transfer Tax 717,200 00 142,342 22 574,857.78 19 850% Transient Occupancy Tax 5,600,000 00 521,879 65 5,078,120.35 9 320% Transient Occupancy Tax -Mitigation Mess 305.400.00 0.00 305,400.00 0000% Franchise Tax 176440000 63411.06 1,700981194 3,590% TOTALTAXES 23.130.900.00 1.820,09696 21,310,803.04 7870% LICENSE & PERMITS: Business License 279,200 00 107,818 70 171.381 30 38.620% Animal License 19,700.00 8,34000 11,36000 42340% Building Permits 446,88000 184,19385 262,68615 41220% Plumbing Permits 67,52000 22,67925 44,84075 33590% Mechanical Permits 38,08000 14,48700 23,593.00 38040% Electrical Permits 52,400.00 24,25182 28,148.18 46280% Garage Sale Permits 10,700.00 5,010.00 5,690.00 46 820% Misc. Permits 12760000 46340.55 81,25945 36.320% TOTAL LICENSES S PERMITS 1,042,080.00 413,121.17 628,95883 39640% FEES: Sale of Maps & Publications 2,10000 654.56 1,44544 31A70% Buntec Admn Cost Reimb 000 000 0.00 0000% Community Services Fees 446.42500 188,60430 257,82070 42250% Finance 250.00 38000 (13000) 152000% Bldg & Safety Fees 301,680 00 118,305 29 183,374 71 39 220 % Community Development Fees 100,200.00 30,63720 69,562.80 30580% Public Works Fees 501 200 00 198,92650 302,27350 39.690 % TOTAL FEES 1,351,85500 537,50785 814,34715 39760% Motor Vehicle In -Lieu Motor Vehicle Code Fines Parking Violations Misc Fines AB939 Federal Goo Grams County of Riverside Gram State of California Gram Fire Services Credit CVWD CSA152 Assessment TOTAL INTERGOVERNMENTAL INTEREST MISCELLANEOUS Miscellaneous Revenue Assmnt Dist Surplus Other Mitigation Measures Litigation settlement Cash Over/(Short) TOTAL MISCELLANEOUS TRANSFERIN TOTAL GENERAL FUND 3,942,100.00 53,94089 3,888,159.11 1370% 94,500.00 15.691.60 78,808.40 16600% 59,500.00 12.024.00 47,476.00 20210% 116,000.00 63,570.55 52,429.45 54.800% 92,30000 70,123.80 22,17620 75.970% 000 000 000 0.000% 000 17,871.02 (17.87102) 0.000% 10,800 00 4,21544 6,58456 39.030 5,053,100.00 735,91234 4,317,167.66 14.560% 16,800 00 0.00 16,800 00 0.000% 218,00000 238,66371 (20,66371) 109 480% 9,603,100.00 1,212,013.35 8,391,086.65 12620% 4,127,47800 1,276,214.01 2,851,26399 30920% 8,400.00 1,961.19 6,43881 23.350% 0.00 Goo 000 0,000 % 0.00 000 0.00 0000% 0.00 0.00 000 0.000% 5000 (9.41) 5941 -18.820% 8,450.00 1,95178 6,49822 23.100% 834,22600 24,96260 809 263.40 2.990% 40,098,089 DO 5,285,867.72 34,812,221 25 13180% 11 07/01/2008-1013112008 GENERAL FUND EXPENDITURE SUMMARY ADJUSTED REMAINING BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENTAGE GENERAL GOVERNMENT: LEGISLATIVE 1,011,42200 248,625A5 0.00 762,79685 24.58% CITY MANAGER'S OFFICE 511,503 DO 159,153A2 0.00 352,349.98 3111% ECONOMIC DEVELOPMENT 2,505,087.00 929,23596 0.00 1,575,85104 3709% PERSONNEL/RISK MGT 1614613.00 69225200 5038.54 'I 7,322.46 4287% TOTAL GENERAL GOVERNMENT 35.96% CITY CLERK 783 128 00 224 353 01 0.00 558 774 99 28.65% TOTAL CITY CLERK 2&65% FINANCE: PARKS & RECREATION ADMINISTRATION 1,319,611 00 395,378.49 905.00 923,327 51 29.96% SENIOR CENTER 444,10200 142,170.94 (4,675.00) 306.606.06 32.01% PARKS & RECREATION PROGRAMS 223,779 00 78,884.64 0.00 144.894 36 35.25% LIBRARY 1,395,67100 261,639.31 0.00 1,134,03169 18.75% MUSEUM 275,765.00 74,806.D8 000 200,958.92 27.13% PARK MAINTENANCE 1421,33100 765300.78 000 656030.22 53.84% TOTAL COMMUNITY SERVICES 33.82% FISCAL SERVICES 1,027,702 DO 341,343.86 000 686,358A4 3321% CENTRAL SERVICES 402,51100 187,503.02 000 21500798 46.58% TOTAL FINANCE 3698 BUILDING & SAFETY: BUILDING&SAFETY -ADMIN 438,118.00 145,855.16 0.00 292,262.84 3329% BUILDING 1,021,836.00 345,505.81 000 676,330.19 3381% CODE COMPLIANCE 1,064,412.00 359,907.23 000 704,504.77 33,81% ANIMAL CONTROL 408.21000 134,004.26 000 274,205.74 32.63% FIRE 5,070,384.00 792,290.59 0.D0 4,278,D93.41 15.63% EMERGENCY SERVICES 151,474.00 49,95201 0DO 101,521.99 3298% CIVIC CENTER BUILDING -OPERATIONS 1,262,390.00 782,16043 01 410229.57 6196% TOTAL BUILDING & SAFETY 2771% POLICE: POLICE SERVICES 12,175,55600 1.245.79738 68,233.67 10,861,52495 1023% TOTAL PUBLIC SAFETY 10 23% COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT -ADMIN 1,930,641.00 290,00634 0.00 1,640,634.66 1502% CURRENT PLANNING 875,086.00 21/31242 000 1.1733.58 2701% TOTAL COMMUNITY DEVELOPMENT 18.16% PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 897,88500 160,484.74 5,00000 732,40026 17.87% DEVELOPMENT & TRAFFIC 1.321,52000 359,766.58 000 961.763.42 27.22% MAINT/OPERATIONS - STREETS 4,043,27000 610,935.21 000 3,432.33479 15.11% MAINT/OPERATIONS- LTG/LANDSCAPING 2,078,36400 649.50608 4,900.00 1,423,95792 31.25% MAINT/OPERATIONS- TRAFFIC 690,58900 212,581.37 132,81606 345.19157 30.78% CONSTRUCTION MANAGEMENT 838,27700 339,540.U4 000 49873696 40.50% TOTAL PUBLIC WORKS 23.64% TRANSFERS OUT 1,503,22400 153,525.85 0.00 1,349,69815 10.21% GENERAL FUND REIMBURSEMENTS (5,874,879 00) (1264805.27) 000 (4,610.07373) 21.53% NET GENERAL FUND EXPENDITURES 42,832,56Z.W 1U,104,00249 212,21827 32,518,36124 23.59% C'66 5 CITY OF LA OUINTA ALL OTHER FUNDS REVENUE DETAIL LIBRARY: ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED County of Riverside Contributions Interest TOTAL LIBRARY GAS TAX REVENUE: Section 2105 Section 2136 Section 2107 Section 2107 5 Traffic Congestion Relief Interest TOTAL GAS TAX FEDERAL ASSISTANCE REVENUE: CDBG Grant Interest TOTAL FEDERAL ASSISTANCE JAG GRANT Grant Revenue Interest TOTAL JAG GRANT SLESF (COPS) REVENUE: SLESF (Cops) Funding Interest TOTAL SLESF (COPS) INDIAN GAMING Grant revenue Interest TOTAL INDIAN GAMING 2.628,600.00 000 2,628,600.00 0.000% 0.00 0.00 000 0.000% 0.00 0.00 000 0.000% 2,628,60000 000 2,628,60000 0.000% 197,400 DO 58,533.81 138,86619 29.650% 131,300.00 36,32162 94,97638 27.660% 262,100 D0 79,80648 182.29352 30A50% 0 DO 0.00 000 0.000% 392.000 DO 104,908.69 287,091 31 26.760% 7,600.00 17827 7,421.73 2.350% 990,400.00 279,74887 710,65113 28.250% 186.110 00 0.00 186,110 00 0.D00% o.DO 000 0.00 0.000% 186,110.00 000 186,110.00 0.000% 000 0.00 000 0.000% 0.00 000 000 0.000% 000 000 000 OW13% 100,000 00 000 100,000 00 0.000% 50000 63.44 43656 12 690% 100.50000 63.44 100,436.56 0.060% 150,600.00 24,96260 125,637.40 16580% 000 40451 (404 51) 0000% 150,60000 25,36711 125,23289 16840% LIGHTING & LANDSCAPING REVENUE: Assessment 927,90000 000 927,90000 0000% Developer 000 0.00 000 0.000% Interest 0.00 000 0.00 0000% TOTAL LIGHTING B LANDSCAPING 927,90000 0.00 927,900.00 0.000% RCTC RCTC Funding Transfer in TOTAL RCTC DEVELOPMENT AGREEMENT FUND Mitigation Measures Interest Transfer In TOTAL DEV AGREEMENT 1,997,70000 427,509.75 1,570,190.25 21.400% 0.00 0.00 0.00 0 000 % 0.00 0.00 0.00 0000%. 0.00 0.00 0.00 0000% 0.00 0.00 000 0.000% 0.00 0.00 000 O.00D% CRIME VIOLENT TASK FORCE Member Contributions - Canyover 49.900.00 29,95200 19,948.00 60020% Gram revenue -JAIB 25,60000 8,60271 16,99729 33.600% CLET Line 3,10000 2,28527 81473 73.720% Interest 500000 500A7 4,499.83 10000% TOTAL CRIME VIOLENT TASK FORCE 83.60000 41,340.15 42,25985 49.450% AS 939 REVENUE: AS 939 Fees Interest TOTAL QUIMBY QUIMBY REVENUE: Quimby Fees Donations Interest TOTAL QUIMBY INFRASTRUCTURE REVENUE: Utility refund Interest Transfer in TOTAL INFRASTRUCTURE PROPOSITION IS Prop 1B Grant Interest TOTAL PROPOSITION 1 B 100,900 00 40,200 00 0.00 44!0023 04 100,900 00 36 176 96 0000% 10 010% 141,10000 4950,000 00 000 79 6100 00 0.00 000 29,054.02 950,000 00 000 50,145.98 0000% 0000% 36 500% 000 0.00 0.00 0.00 1,12514 000 0 OD (1,12514) 0.00 0000% 0.000% 0,000 % 0.00 1,125.14 (1,125.14) 0,000% 557,171.00 0.00 0.00 1739.93 557.171.00 (171183) 0000% 0. R 557,iii.w 1:73993 555,d.10i' C61 0 CITY OF LA OUINTA ALL OTHER FUNDS REVENUE DETAIL ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED SOUTH COAST AIR QUALITY REVENUE: 5 C.A 0. Contribution MSRC Funding Street Sweeping Grand Interest TOTAL SCAQ TRANSPORTATION Developer fees Interest Transfer in TOTAL TRANSPORTATION PARKS & RECREATION Developerfees Interest Transfer in TOTAL PARKS & RECREATION CIVIC CENTER Developer fees Interest Transfer in TOTAL CIVIC CENTER 48,900 00 12,824.92 36,075.08 26 230% 0.00 0.00 0.00 0,000% 000 000 000 0000% 7,30000 72557 6,57443 9.940% 56,200 00 13,550 49 42,649 51 24.110 % 1,015,10000 686,33225 328,76775 67610% 19,300.D0 22,866.78 (3,56678) 11 B.480% 000 0 DO 000 0.000% 1,034,40000 709,199.03 325,200.97 68.560% 356,80000 61,994 DO 294.80600 17.380% 0.00 0.00 000 0.000% 000 0.00 000 0.000% 356,800.00 61,994.00 294,806.00 17380% 424,20000 100,53368 323,666.32 23.700% 000 0.00 0.00 0 000 % 000 000 0.00 0000% 424,20000 100,533.68 323,666.32 23,700% LIBRARY DEVELOPMENT Developer fees 142,000.00 29,43107 112,56893 20730% Interest 000 000 000 0000% Transfer in 0.00 0DO 0.00 0000% TOTAL LIBRARY DEVELOPMENT 142,00000 29,43107 112,568.93 20.730% COMMUNITY CENTER Developer fees Interest TOTAL COMMUNITY CENTER STREET FACILITY Developer fees Interest Transfer In TOTAL STREET FACILITY PARK FACILITY Develaperfees Interest TOTAL PARK FACILITY 29,600 00 5,14600 24,454 00 17.390% 39,80000 3,18748 36,612.52 8.010% 69,40000 8,33348 61,066.52 12.010% 35,3DO.00 23,947.88 11,352.12 67.840% 300.00 926.63 (62663) 308880% 0.00 0.00 000 0 000 % 35,600.00 24,874.51 10,725.49 69870% 8,80000 1,526.00 7,274.00 17.340% 2,000.00 277.31 1,722.69 13 870 % 10,800.00 1,803.31 8,996.69 16 700% FIRE PROTECTION FACILITY Developerfees 59,600.00 14,18438 45,41562 23800% Interest 000 000 0.00 0.000% TOTAL FIRE PROTECTION FACILITY 59,60000 14,18438 45,415.62 23.800% ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places 97,50000 93,46001 4,03999 95.860% Arts in Public Places Credits Applied 000 000 000 0 DDO % Interest 5,20000 3,17532 2,02468 61.060% TOTAL ARTS IN PUBLIC PLACES 102,70000 96,63533 6,06467 94.090% INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 0.00 574,602.14 (574,602 14) 0000% Transferin 000 000 0.00 0.D00% TOTAL INTEREST ALLOCATION 000 574,60214 (574,60214) 0,000% ME CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED CAPITAL IMPROVEMENT FUND: CVAG CVWD County of Riverside Surface Transportation Funding City of Indio DSUSD IID RCTC Vista Dunes Housing LLP SB821-Bicycle Path Gram State of California APP Contribution Developer Agreement Funding Litigation Settlements Transfers in From Other Funds TOTAL CIP REVENUE 1,240,844 00 000 1,240,844 00 0000% 0.00 000 000 0000% 000 0 DO 000 0.000% 10,047,212 DO 210,050.03 9,837.16197 2090% 0.00 0.00 0.00 0.000% 107,500.00 107,50000 0.00 100000A 520,488.00 553,730.60 (33,244.60) 106.390% 000 000 0.00 0000% 520,916.00 234,900 85 286,015.15 45 090% 0.00 0.00 0.00 0.000% (31,490,00) 0.00 (31,490.00) 0,000% 000 000 000 0000% 3,751,46900 442.10 3,751,026.90 0.010% 000 000 000 o.ODO% 102,942,664.00 11.902,28545 91,040,37855 11560% 119,099,601.00 13,008,90903 106,090,691.97 265.140% EQUIPMENT REPLACEMENT FUND: Equipment Charges 716,88L00 716,88100 000 100000% Capital Contribution 000 000 0.00 0,000% Sale of Fixed Asset 000 000 000 0000% Insurance Recoveries 000 000 0.00 0.000% Interest 90,30000 7,94003 82,35917 8790% Transfers In 0 DO 000 000 0.000 % TOTAL EQUIPMENT REPLACEMENT 807,181 DO 724,821.83 82,35917 89.800% INFORMATION TECHNOLOGY FUND: Charges for services 494,20100 494,20100 0.00 100000% Capital Contribution 000 000 000 0000% Sale of Fixed Asset 000 000 0.00 0,000% Interest 35,00000 4,24211 30,75789 12120% Transfers In 0.00 000 000 0 000 % TOTAL INFORMATION TECHNOLOGY 529,20100 498,44311 30,75789 94190% PARK EQUIPMENT & FACILITY Charges for services 413.394 00 413,394 GO 000 100.000 % Interest 34.300 00 4,80097 29,499 03 14.ODD% Capital Contributions 0.00 000 000 0.000% TOTAL PARK EQUIPMENT & FAC 447,694.00 418,19497 29,49903 93410% SILVERROCK GOLF Green fees Rangefees Resident Card Bob Hope Chrysler Classic Merchandise Food & Beverage Allocated Interest Income Transfers in TOTAL SILVERROCK GOLF SILVERROCK GOLF RESERVE Interest Transfers In TOTAL SILVERROCK GOLF LO PUBLIC SAFETY OFFICER FUND Transferin Interest TOTAL LQ PUBLIC SAFETY 3,255,75900 338,55825 2.917,200.75 10400% 113,21700 3,009.89 110,20711 2660% 15,000.00 4,275.00 10,725.00 28.500% 000 000 GOD 0000% 375,950 00 40,968 79 326,981 21 13 030 % 0.00 0.00 0.00 0.000% 000 000 coo 0000% 000 000 000 0000% 3,759,92600 394,81193 3,365,11407 10.500% 4,30000 47433 3,825.67 11 030% 74,899.00 0.00 7099.00 0.000% 79,199 00 47433 78,724.67 0 600% 2.00000 2,00000 000 100 ODO % 50000 57.33 442.67 11.470% 2,500.00 2,05733 442.67 82.290% �10 e CITY OF LA QUINTA 07/01/2008 - 10/31/2008 OTHER CITY FUNDS ADJUSTED REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND INTERESTADVANCE 15,000.00 7,38242 0.00 7,617.58 REIMBURSE GENERAL FUND 1,671,237.00 169,029 63 0.00 1,502,207.37 TRANSFER OUT 000 0.00 0.00 TOTAL LIBRARY FUND GAS TAX CONTRACT SERVICES 29,48000 000 0.00 29.480 W REIMBURSE GENERAL FUND 643,014 W 214,338.00 000 428,67600 TRANSFER OUT 464,39300 0.00 0.00 46439300 TOTAL GAS TAX FUND FEDERAL ASSISTANCE FUND: TRANSFER OUT 186110.00 62340 111486.61 TOTAL FEDERAL A5515TANCE FUND JAG GRANT I HANSFEH UUI TOTAL JAG GRANT UW U.00 O.W U.W SLESF)COPS) I HANbFEX UUI TOTAL SLESF(COPS) FUND IW,4130 UU UUu UW iW,40U.UU INDIAN GAMING FUND TRANSFER OUT 150600.00 24.96260 0.00 12563740 TOTAL INDIAN GAMING FUND LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 927,900.00 309,299.89 000 618,600.11 TRANSFER OUT 000 0.00 O.W 0.00 TOTAL LTGILANGSCAPING FUND RCTC TRANSFER OUT 3,744,877.00 109,11875 1.1 3635758.25 TOTAL RCTC 3,744,877.VU DEVELOPMENT AGREEMENT FUND CONSTRUCTION 000 000 0.00 0.00 REIMBURSE GENERAL FUND 0.00 000 000 0 W TRANSFER OUT 000 000 000 0 W TOTAL DEV AGREEMENT FUND CRIME VIOLENT TASK FORCE OPERATING EXPENSES 57,100.00 14.06316 0.00 43,036.84 TRANSFER OUT 000 0 W 0.00 0.00 TOTAL CRIME VIOLENT TASK FORCE AS 939 OPERATING EXPENSES 000 000 0.00 0.00 TRANSFER OUT 000 000 O.W OW TOTAL AS 939 QUIMBY FUND: FEASIBILITY STUDY 35,O00.00 000 000 35,00000 I I-tANSFER UUI 8,995,131 W 2,814.W O.uu 8,992,316.92 TOTAL QUIMBY INFRASTRUCTURE FUND CONSTRUCTION 0.00 0.00 0.00 000 REIMBURSE GENERAL FUND 0.00 000 0.00 000 TRANSFER OUT 397,576.00 0.00 0.00 397"W TOTALINFRASTRUCTURE 39/,578.uu PROPOSITION 1B I HANSFEH UUI TOTAL PROPOSITION I B FUND 1,164,996 uU 17,830.96 O.UU 1,147,165.1A SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 26.600 00 11,352.31 000 15,247.69 TRANSFER OUT 0.00 000 0 W 000 TOTAL SOUTH COAST AIR QUALITY TRANSPORTATION PROGRAM COSTS 000 0.00 0.00 0.00 CONTRIBUTION 0.00 0.00 coo 0.00 TRANSFER OUT 8284,991.00 1,853,696.73 000 843129427 TOTAL TRANSPORTATION PARKS & RECREATION INTEREST ON ADVANCE 37,500.00 10,367.98 0.00 27,132.02 TRANSFER OUT 0.00 000 0.00 000 TOTAL PARKS & RECREATION CIVIC CENTER INTEREST ON ADVANCE 231,250 W 63,492.88 0.00 167.757.12 REIMBURSE GENERAL FUND 202.76400 67,58800 000 135,17600 TRANSFER OUT 000 0.00 OW 000 TOTAL CIVIC CENTER LIBRARY DEVELOPMENT PROGRAM COSTS 000 0.00 0.00 0.00 INTEREST ON ADVANCE 48,75000 13,350.69 0.00 35,399.31 TRANSFER OUT 000 0.00 0.00 0.00 TOTAL LIBRARY DEVELOPMENT •d' 070 E CITY OF LA QUINTA 07/01/2008-10131/2008 OTHER CITY FUNDS ADJUSTED REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET COMMUNITY CENTER PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL COMMUNITY CENTER STREET FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 2,484,563 00 3 890 00 0 00 2,480 673 00 TOTAL STREET FACILITY PARK FACILITY PROGRAM COSTS 000 0.00 0.00 0.00 TRANSFER OUT 000 0.00 0.00 0.00 TOTAL PARK FACILITY FIRE PROTECTION INTEREST ON ADVANCE 23.125.00 6,436.49 0.00 16,668.51 TRANSFER OUT 1,400000.00 000 000 1400000.00 TOTAL FIRE PROTECTION DIF ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 30,000.00 3,790.00 3,350.00 22,860.00 OPERATING EXPENSES-APP 6,200.00 1,008.84 0.00 5,191.16 ART PURCHASES 260,000.00 20,000.00 0.00 240,00000 TRANSFER OUT 400,00000 0.00 000 400000.00 TOTAL ART IN PUBLIC PLACES CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 118,092,136.00 12,978,527.28 103,598.35 105,010,010 37 PROJECT REIMBURSEMENTS TO GEN FUND 1,007,465.00 30,381.75 0.00 977,083.25 TRANSFER OUT 000 000 0.00 0.00 EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 878,64600 52,49277 000 826.15323 TRANSFER OUT 000 0 DO 000 000 TOTAL EQUIPMENT REPLACEMENT FUND INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 627827.00 113,00793 0.1 514819,07 TOTAL INFORMATION TECHNOLOGY FUND PARK MAINTENANCE FACILITY OPERATING EXPENSES 87,56500 31,507.01 16,503.80 39,55419 TRANSFER OUT 0.00 000 0.00 0.00 TOTAL PARK MAINTENANCE FAG SILVERROCK GOLF OPERATING EXPENSES 4,444.67200 1,220,525.62 000 3,224.14638 TRANSFER OUT 7489900 0.00 000 7489900 TOTAL SILVERROCK GULF SILVERROCK GOLF RESERVE TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL SILVERROCK GOLF RESERVE LA QUINTA PUBLIC SAFETY (;ON I RIBU I IUNS TOTAL LA QUINTA PUBLIC SAFETY 2,000 UU UUU UUU 2,VUU VU Will Titit 4 4v Q" COUNCIL/RDA MEETING DATE: December 16, 2008 ITEM TITLE: Acceptance of State Funding in the Amount of $100,000 from the Supplemental Law Enforcement Services Fund (SLESF) RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the acceptance of State Funding in the amount of $100,000 from special funding for Law Enforcement entitled Supplemental Law Enforcement Services Fund (SLESF) which would be used to support the City's frontline police services as recommended by the Chief of Police. This program is administered through the County of Riverside, which is chaired by the Sheriff (Attachment 1). FISCAL IMPLICATIONS: The City has established a SLESF Federal COPS Program revenue account (212-0000- 334.21-00)to accept the funding, and corresponding expenditure accounts: 101- 5054-421.36-71 (Robbery Prevention - $50,000 and COPS Burglary/Theft Prevention - $50,000) to track allocations. This SLESF funding of $100,000 is included in the Fiscal Year 2008/2009 adopted budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In April, 2002, Senate Bill 823 amended the Government Code Sections 30061 and 30063 to require that, "The city council shall appropriate existing and anticipated moneys exclusively to fund frontline municipal police services, in accordance with written requests submitted by the chief of police of that city or the chief administrator of the law enforcement agency that provides police services for that city." 072 Funds are appropriated by population; La Quinta's share of the funds for 2008/2009 is $100,000. The City Council reviewed the recommendations from the Chief of Police during the budget process, based on tentative projections from the State. The proposed Expenditure Plan for police services is provided as Attachment 2. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council are: 1. Approve the Supplemental Law Enforcement Services Fund Plan for Fiscal Year 2008-2009 to be used for front line police services; 2. Do not approve the Supplemental Law Enforcement Services Fund Plan for Fiscal Year 2008-2009 to be used for front line police services; 3. Provide staff with alternative direction. Respectfully submitted, Bret k Plumlee, Assistant City Manager — Management Services Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Letter from Stanley Sniff, Sheriff dated August 27, 2008 2. Supplemental Law Enforcement Services Fund Plan ��3 Attachment 1 RIVERSIDE COUNTY STANLEY SNIFF, SHERIFF August 27, 2008 Mr. Torn Genovese Manager City of La Quints P.O. Box 1504 La Quints, CA 92247 Dear Mr. Genovese, heriff P.O. BOX 512 - RIVERSIDE, CALIFORNIA 92502 • (951) 955-2400 • FAX (951) 955-2428 The Supplemental Law Enforcement Services Fund (SLESF) provides all incorporated cities, the unincorporated area, Corrections and the District Attorney with fiords to provide front line law enforcement services. Chapter 21, Statutes of 2002 requires that each entity submit an annual expenditure report to the State Controller. In Riverside County, the Sheriffs Department collects local information and submits the SLESF report on behalf of the Board of Supervisors. Enclosed is a copy of the report your city needs to submit for the July 1, 2007 June 30, 2008 funding period. In order to assist you in completing this year's report, attached you will also find a copy of the report you submitted for the period ending June 30, 2007. Last year's ending balance and this year's beginning balance must be the same amount. The 2007-08 report is the same as the report you completed last year. Please note that only those positions fully funded (100%) by SLESF should be reported. No other funding source (local revenue, Federal or State grant awards, contractual agreements) should be reported on this form. Program income should only be reported if SLESF funds were used to provide programs that generate revenue for your City. Please submit your expenditure report via fax transmission to the Sheriffs Grants Unit by September 24, 2008, (951) 955-2171. If you have any questions, please contact David Murr at (951) 955-9613. Thank you in advance for your assistance. Sincerely, STANLEY SNIFF, SHERIFF -CORONER Bob Meyers, Administrative Manager Contracts & Grants Unit cc: Captain Rodney Vigue //Attachments C 7 4 ATTACHMENT 2 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF) EXPENDITURES FOR FISCAL YEAR 2008-09 BACKGROUND The California State Legislature annually provides special funding for Law Enforcement called the Supplemental Law Enforcement Services Fund. These funds must be used for frontline municipal police services, as recommended by the local Chief of Police. This program is administered through the County by the Supplemental Law Enforcement Oversight Committee, which is chaired by the Sheriff. Funds are appropriated by population, with each jurisdiction receiving a minimum of $100,000. The City Council reviewed the recommendations from the Chief of Police during the budget process, based on tentative projections from the State. Legislation requires that the Council approve expenditures from these funds separately, after the final determination has been made for each City's allocation. These funds are in addition to the City's current General Fund expenditures for Law Enforcement Services. During the budget review, Chief Rodney Vigue recommended use of these funds to support Community Oriented Policing in the City of La Quinta. The program components in the Community Oriented Policing Program that these funds will support include: Robbery Prevention Program - $50,000 The increase in the number of businesses locations and has increased the potential for robberies in the city. Historically, we have also experienced periodic strings of residential neighborhood robberies requiring focused interventions. This year-round program incorporates increased bicycle, Segway and patrol unit patrols in the Highway 111 corridor, along Washington Street, and in Old Town. The program also supplies additional resources when needed to serve robbery -related search warrants and increase focused neighborhood activities. It is anticipated that 50% of the cost of this program will be covered by the SLESF grant. Burglary/Theft Prevention and Apprehension Program - $50,000 The Burglary/Theft Prevention and Apprehension Program mirrors the Robbery Prevention Program in many ways, but focuses primarily on addressing burglary and theft problems as they arise. This year-round program maintains a focus on reducing burglary, theft and auto theft through the education of potential victims, identification of potential crime locations, 075 ATTACHMENT 2 and the aggressive investigation and apprehension of those suspects committing these crimes. This fund is utilized for extra activities to support the city's neighborhood watch programs and working with business owners to reduce shoplifting, fraud, and embezzlement. The multi -layered approach provides remedies and encourages citizens and the police to work together on this problem. It is anticipated that 50% of the cost of this program will be covered by the SLESF grant. Fiscal Impact The expenditures recommended by the Chief of Police for the use of Supplemental Law Enforcement Services Fund will be covered by the amount received by the City of La Quinta under the Supplemental Law Enforcement Services Funding. The Council, as part of the overall FY 2008-2009 budget authorization, made a General Fund appropriation of special enforcement funds to cover additional anticipated program costs. Recommendation Approve the expenditures for the Supplemental Law Enforcement Services Funds as recommended by the Chief of Police, and authorize the City Manager and Finance Director to execute the appropriate documents. C76 a, y'`c �-ow5w OF Tti4 COUNCIL/RDA MEETING DATE: December 16, 2008 AGENDA CATEGORY: BUSINESS SESSION: _ ITEM TITLE: Authorization for Overnight Travel for the CONSENT CALENDAR: Emergency Services Coordinator to Attend the Disaster Planning Course Sponsored by the California Specialized STUDY SESSION: Training Institute in San Luis Obispo, CA from February 22-27, 2009 PUBLIC HEARING: _ RECOMMENDATION: Approve the overnight travel for the Emergency Services Coordinator to attend the Disaster Planning Training Course Sponsored by the California Specialized Training Institute (CSTI) operated by the State Office of Emergency Services (DES) in San Luis Obispo, California from February 22-27, 2009 (Attachment 1). FISCAL IMPLICATIONS: The costs associated with the attendance at the training course will be funded from Travel, Training and Meetings, account #101-5056-425.51-01. Costs include five nights of lodging and meals. Employee will travel by City vehicle. There is no tuition fee for this training. The breakdown of estimated expenditures for the five-day training course is as follows: • Hotel ($110 x 5 nights) $ 550 • Meals ($50 x 5) $ 250 Total $800 CHARTER CITY IMPLICATIONS: I =0 077 BACKGROUND AND OVERVIEW: This course will improve the skills and abilities of the Emergency Services Coordinator. The five-day training course named Disaster Planning contains information on the disaster planning, incident command, emergency response, and emergency management. At the end of the course, participants will role play in a functional exercise in an Emergency Operations Center environment. This course will contain information transferable to a local exercise scenario. The City of La Quinta adopted the National Incident Management System on September 16, 2006, and is required to have two exercises per year. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the overnight travel for the Emergency Services Coordinator to attend the Disaster Planning Training Course Sponsored by the California Specialized Training Institute in San Luis Obispo, California from February 22-27, 2009; or 2. Deny the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, ��14 Tom Hartung, Building & Safety Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Disaster Planning Training Course 2 078 ATTACHMENT n r- 3t+'liaENlFt�;,dl'��-.�+11S�i1` 3 For more information please call (805) 549-3536. Disaster Planning 5-day/40-hr. course Prerequisite: SEMS Introductory Course or completion of the SEMS Introductory Exam included in the course confirmation package. POST -Certified, Plan III Developing an all -hazard plan for protecting lives and property may seem like an extremely difficult challenge; it need not be. Emergency operations planning need not start from scratch. Those tasked with writing an emergency operations plan should take advantage of others' experiences. The Disaster Planning course at CSTI guides you through a number of processes to make your planning process easier and more successful. The public expects emergency managers to take immediate action to minimize the impact caused by disasters and emergencies. Those actions are most successful when planned. In this course, participants will learn the tools and techniques for developing or enhancing an all -hazard emergency operations plan. The following key topics are discussed: The Planning Process Using SWOT Analysis Tools • Situation Assessment Hazard Threat and Risk Analysis • Using SEMS as a Guide for Written Plans • Planning for: Business, Volunteer and Service Organizations Terrorism Planning Emergency Medical Planning • How Disasters in Other Countries Affect California Mitigation and Recovery • Exercises • California Emergency Planning Guidance • Recovery Issues Case Studies from Local Government ,a C79 Tait 4 a r� � Pt cF`H OF TKO COUNCIL/RDA MEETING DATE: December 16, 2008 AGENDA CATEGORY: ITEM TITLE: Approval of a Request for Proposals to Obtain Construction Management Services for Fire Station 32, Project No. 2008-03, and Phase I of the Corporate Yard, Project No. 2007-08 RECOMMENDATION: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize staff to distribute a Request for Proposals (RFP) to obtain construction management services for Project No. 2008-03 and 2007-08. FISCAL IMPLICATIONS: None with this action, except for the staff time spent in processing the RFP. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council recently approved conceptual designs for the City's maintenance yard and a new fire station closer to Avenue 52 for enhanced response times. The construction of a new fire station at Avenue 52 and Desert Club and Phase I of the corporate yard are contained in the Capital Improvement Plan (CIP) for Fiscal Year 2008-2009. The City Council's approval of this item will allow staff to seek construction management services to move forward with the project. The proposed RFP to obtain construction management services is provided as Attachment 1 . The Consultant Selection Process outlined within City Resolution 2005-096 shall be followed. 080 The City Manager intends to appoint a Consultant Selection Committee consisting of the following members: - Tom Hartung, Building & Safety Director - Tim Jonasson, Public Works Director - Dorian Cooley, Battalion Chief - Nick Nickerson, NAI Consultants If the City Council wishes to appoint a different Selection Committee,. the Selection Committee will be subject to the Brown Act unless the Committee consists solely of two Council members. Contingent upon City Council authorization to distribute the attached RFP on December 16, 2008, the following represents how the project is expected to proceed: Issue RFP Proposal Due Date Consultant Selection Process Recommendations to City Council FINDINGS AND ALTERNATIVES: December 17, 2008 January 16, 2009 Week of January 26,2009 February 3, 2009 The alternatives available to the City Council include: 1. Authorize staff to distribute a Request for Proposals (RFP) to obtain construction management services for Project No. 2008-03 and Project No. 2007-08; or 2. Authorize staff to distribute a Request for Proposals (RFP) to obtain construction management services for Project No. 2008-03 and Project No. 2007-08 and appoint a Consultant Selection Committee; or 3. Do not authorize staff to distribute a Request for Proposals to obtain construction management services for Project No. 2008-03 and Project No. 2007-08; or 4. Provide staff with alternative direction. Respectfully submitted, Tom Hartung Director of Building and Safety 081 Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Request for Proposal (RFP) 082 ATTACHMENT1 CITY OF LA QUINTA REQUEST FOR PROPOSAL FOR CONSTRUCTION MANAGEMENT SERVICES FOR NEW FIRE STATION 32, PROJECT NO. 2008-03 AND PHASE I OF THE CITY CORPORATE YARD, PROJECT NO. 2007-08 The City of La Quinta is seeking proposals from qualified firms to provide Professional Construction Management services to support Capital Improvement Project No. 2008-03, new Fire Station 32, and Capital Improvement Project No. 2007-08, Phase I of the City Corporate Yard. PROJECT DESCRIPTION The project site is located at the intersection of Avenue 52 and Desert Club. This is the current location of the city yard and Fire Station 32. Phase I of the corporate yard includes modification of the existing fire station to temporarily house administrative offices, site work, decant storage facility for street sweeping, bulk storage, covered parking, and possibly a photovoltaic system. New Fire Station 32 will be an approximately 7,500 square foot structure to house fire fighting equipment and personnel. At the current time the City has reviewed and approved the conceptual designs for the projects and the architect of record is beginning to develop schematic and construction drawings. GENERAL CONTRACT STRUCTURE The Construction Manager (CM) shall serve as the Owner's principal agent in providing the services described in this RFP. The Owner shall ultimately enter into a separate contract with one or more Contractors for the construction of the Project. In providing the CM's services described in this RFP, the CM shall endeavor to maintain, on behalf of the Owner, a working relationship with the Contractor(s) and Architect/Designer. The contract for CM services will include three phases with a single contract being awarded to one CM firm. The City reserves the right to modify, postpone, and/or cancel the contract for any reason whatsoever at the conclusion of any one phase and prior to the start of a subsequent phase. The three phases, and their respective estimated durations, of this project are defined as: • Design Phase (3 months) • Contractor(s) Bidding and Awarding Phase (2 months) 083 • Construction and Close-out Phase (10 months) CONSTRUCTION MANAGEMENT SERVICE TO BE PROVIDED (Shall include, but may not be limited to): Phase One --Design • Construction Management Plan: The CM shall prepare a Construction Management Plan for the Project and shall make recommendations to the plan throughout the duration of the Project, as may be appropriate. In preparing the Construction Management Plan, the CM shall consider the Owner's schedule, budget and general design requirements for the Project. The CM shall then develop various alternatives for the scheduling and management of the Project and shall make recommendations to the Owner. • Constructability Review: Perform a complete constructability review of the project bid documents, specifications, plans and estimates prior to bidding the project and identify potential problems that need correction before the project is bid. • Project and Construction Budget: Based on the Construction Management Plan the CM shall prepare a Project and Construction Budget based on the separate divisions of the Work required for the Project and shall identify contingencies for design and construction. The CM shall review the budget with the Owner and Designer and the CM shall submit the Project and Construction Budget to the Owner for acceptance. The Project and Construction Budget shall be revised by the CM as directed by the Owner. • Preliminary Estimate and Budget Analysis: The CM shall analyze and report to the Owner and the Designer the estimated cost of various design and construction alternatives, including CM's assumptions in preparing its analysis, a variance analysis between budget and preliminary estimate, and recommendations for any adjustments to the budget • Review contract documents, and coordinate permit requirements. • Schedule and attend a field walk with the Inspector, Project Architect, Design Team Members and City representatives. • Revisions to the Construction Management Plan: During the Design Phase the CM shall make recommendations to the Owner regarding revisions to the Construction Management Plan. The Construction Management Plan shall include a description of the various bid packages recommended for the Project. Revisions approved by the Owner shall be incorporated into the Construction Management Plan. oa4 • Progress Meetings: The CM shall conduct periodic progress meetings attended by the Owner, Designer and others. Such meetings shall serve as a forum for the exchange of information concerning the Project and the review of design progress. The CM shall prepare and distribute minutes of these meetings to the Owner, Designer and others as necessary. • Review of Design Documents: The CM shall review the design documents and make recommendations to the Owner and Designer as to constructability, scheduling, and time of construction; as to clarity, consistency, and coordination of documentation among Contractors; and as to the separation of the Project into contracts for various categories of the Work. • Cost Control: The CM shall prepare an estimate of the construction cost for each submittal of design drawings and specifications from the Designer. This estimate shall include a contingency acceptable to the Owner, CM and the Designer for construction costs appropriate for the type and location of the Project and the extent to which the design has progressed. • Project and Construction Budget Revision: The CM shall make recommendations to the Owner concerning revisions to the Project and Construction Budget that may result from design changes. • Value Engineering Studies: The CM shall provide value engineering recommendations to the Owner and Designer on major construction components, including cost evaluations of alternative materials and systems. • Design Phase Change Report: The CM shall prepare and distribute Design Phase change reports that shall list all Owner -approved changes as of the date of the report and shall state the effect of the changes on the Project and Construction Budget and the Master Schedule. • Approvals by Regulatory Agencies: The CM shall coordinate transmittal of documents to regulatory agencies and utility providers for review and shall advise the Owner of potential problems resulting from such reviews and suggested solutions regarding completion of such reviews. Phase Two: Contractor Bidding and Awarding • Bidder's Interest Campaign: The CM shall conduct a telephone and correspondence campaign to attempt to increase interest among qualified bidders. �. OB5 • Notices and Advertisements: The CM shall assist the Owner in preparing and placing notices and advertisements to solicit bids for the Project. • Delivery of Bid Documents: The CM shall expedite the delivery of Bid Documents to the bidders. The CM shall obtain the documents from the Designer and arrange for printing, binding, wrapping and delivery to the bidders. The CM shall maintain a list of bidders receiving Bid Documents. • Pre -Bid Conference: In conjunction with the Owner and Designer, the CM shall conduct pre -bid conferences. • Information to Bidders: The CM shall develop and coordinate procedures to provide answers to bidder's questions. All answers shall be in the form of addenda. • Addenda: The CM shall receive from the Designer a copy of all addenda. The CM shall review addenda for constructability, for effect on the Project and Construction Budget, scheduling and time of construction, and for consistency with the related provisions as documented in the Bid Documents. The CM shall distribute a copy of all addenda to each bidder receiving Bid Documents. • Bid Opening and Recommendations: The CM shall assist the Owner in the bid opening and shall evaluate the bids for responsiveness and price. The CM shall make recommendations to the Owner concerning the acceptance or rejection of bids. • Analyzing Bids: Upon receipt of the bids, the CM shall evaluate the bids, including alternate bid prices and unit prices, and shall make a recommendation to the Owner regarding the award of the Construction Contract. • Construction Contracts: The CM shall assist the Owner in the assembly, delivery and execution of the Contract Documents. The CM shall issue to the Contractor(s) on behalf of the Owner the Notice of Award and the Notice to Proceed. Phase Three: Construction and Close -Out • Schedule and chair a kick off meeting with the City to discuss the proposed work plan and special concerns to be presented at the pre -construction meeting. It is envisioned the pre -construction meeting will include all interested parties, including utilities, sub -contractors, etc. • Provide a pre -construction agenda to the City for concurrence, schedule a pre -construction meeting and notify attendees. • Provide coordination of project activities and prepare reports and documents, as necessary, for City review and action. • Maintain at the project site, on a current basis; a record copy of all contracts, drawings, specifications, addenda, change orders and other modifications, in good order and marked to record all changes made during construction; shop drawings, product data; samples; submittal; purchases; materials; equipment; applicable handbooks; maintenance and operating manuals and instructions; other related documents and revisions which are relevant to the contract work. • Provide weekly status reports to the City. • Review laboratory, shop and mill test reports of materials and equipment, and coordinate as required with the Project Design Team. • Prepare and send a Weekly Statement of Working Days to the Contractor. • Monitor Contractor and Sub -Contractor certified payroll. • Monitor and document any underground electrical improvements for compliance with the project plans specifications and for requirements from Imperial Irrigation District. • Monitor and document domestic water or sanitary sewer improvements for compliance with the project plans and specifications and for any requirements from Coachella Valley Water District. • Administer the construction contract in conformance with the requirements set forth in the Plans and Specifications. • Conduct weekly construction progress meetings with Design Team, Contractorlsl, City Staff, affected outside Agencies, general public, business owners, other consultants, etc. to discuss matters such as procedures, progress, problems, and scheduling. Prepare and distribute meeting agenda and minutes. • Monitor all inspection activities, both City provided and any consulted out inspections. 087 • Review and process all shop drawings, project data, samples, and other submittals. Establish and implement procedures for expediting the processing and approval. • Coordinate submittal review with Design Team. • Coordinate with the City Engineer and other City Departments. • Document all claims and maintain for account records. • Coordinate and schedule construction surveying. • Coordinate testing requirements and scheduling of material testing. • Review and analyze the Contractor's schedule (monthly) including activity sequences and duration, schedule of submittal and schedule of delivery for products with long lead time. Work with Contractor to maintain the project schedule to show current conditions and suggest revisions as required. • Recommend necessary or desirable changes in the Construction Contractor'(s) scope of work. Review and evaluate Contractor'(s) request for changes. Negotiate with Contractor and submit recommendations to City supported by field data related to any additional work. If change orders are accepted by City, prepare change orders for signature and authorization by the City. Maintain a log of change requests. • Create and maintain "As -Built" project schedule. • Review pay requests and provide recommendation for contractor payments. • Coordinate the transition of the project to City. • Provide construction management files to the City. • Review contract documents, plans and permits. • Attend field walks and kick off meetings. • Monitor and enforce construction noticing requirements. • Maintain field diaries (bound workbooks) during construction, including a cumulative record of quantities constructed, daily and weekly reports, working day reports, change order documentation, photographs and other documentation. • Monitor the Contractor's fugitive dust control plan and ensure the Contractor is using approved haul routes and they are kept clean. • Ensure compliance with the construction contract by continuously monitoring, evaluating, approving or rejecting the Contactor's work in accordance with the approved construction contract documents. • Determine that the Contractor's work is being performed in accordance with the requirements of the contract documents. Endeavor to guard City against defects and deficiencies in the work. As appropriate, require special inspection of testing, or make recommendations to City regarding special inspection or testing or work not in accordance with the provisions of the contract document whether or not such work is fabricated, installed or completed. • Provide and maintain a digital photographic history of the project. Photos will also be taken of the following: a. Showing existing conditions prior to construction b. Disputed work items c. Work that has to be duplicated, replaced or removed d. Completed work e. Extra work • Record the progress of the project. Provide daily inspection reports. Submit written daily progress reports to City, including information on Contractor and the entire project, showing percentages of completion. Keep daily logs containing a record of weather, Contractor's work on site, number of workers, work accomplished, problems encountered, and other relevant data. • During the course of construction, maintain one set of plans with markings and dimensions in red ink to denote field changes or other corrections. • Maintain copies of all permits needed to construct the project and enforce special requirements of each. • Provide an initial review and one re -submittal of shop drawings and product data for conformance to the construction documents. CONSTRUCTION CLOSE OUT -- ' 089 • The City Engineer or designee shall administer and coordinate final inspections. The City Engineer or designee shall coordinate the correction and completion of the work. • Assist the City in determining when the project or a designated portion thereof is substantially complete. Prepare for the City a summary of the status of the work of the Contractor, listing changes in the previously issued certificates of substantial completion of the work, and recommending the times within which Contractor shall complete uncompleted items on their certificate of substantial completion of the work. • Calculate the amount of final payment due prime Contractor. • Obtain evidence of certification of all lien releases. • Assist City with filing the project "Notice of Completion." • Secure and transmit to City, required guarantees. • Issue the notice of substantial completion and process the Notice of Completion. • Coordinate any startup requirements. • Deliver all equipment manuals, special equipment, spare parts, catalogs, and other materials required by specifications. • Collect As -Built data from contractors or design consultants. • Make recommendation for the release of retention. Proposal Format Proposals (work proposal and cost proposal) are to be submitted in separate envelopes, clearly marked with the consultant's name, address and phone number. Only one proposal per consultant will be considered. A Pre -proposal conference is scheduled for 2 PM on January 6, 2009 in the Study Session room of the La Quinta Civic Center (78-495 Calle Tampico, La Quinta, CA 92253) Proposal packages are to be submitted to the City on/or before January 16, 2009 at 5:00 p.m. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: 090 Tom Hartung, Director of Building and Safety City of La Quinta Building and Safety Department 78-495 Calle Tampico La Quinta, CA 92253 Interviews for the most qualified consultants will be scheduled during the week of January 26, 2009. A contract is expected to be awarded to the selected consultant at the City Council meeting of February 3, 2009. Consultants are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall include the following items: Work Proposal (envelope 1) — submit six copies A. Cover Letter (1) The name, address and phone number of the consultant's contact person for the remainder of the selection process. (2) Any qualifying statements or comments regarding the consultant's proposal, the information provided in the RFP or the proposed contract. (3) Identification of sub -consultants and their responsibilities. B. Statement of Qualifications (1) A listing of proposed project personnel, including personal experience and resumes for prime and sub -consultants. (2) Consultant's and sub -consultant experience with similar work, including names and current phone numbers of reference for listed projects. (3) Provide a summary of six (6) of your firm's recent projects that had a similar size and scope. Please place an emphasis on providing examples of recent projects in which you provided either Construction Services or General Contractor services. (4) Please provide a list of your firm's experience providing public agencies with both construction management and general contracting services over the past three years. Please include a brief description of the project and contact information to be used as reference if needed. C. Project Understanding and Approach �. 091 A description of your project understanding and how you will approach the project. D. Scope of Work Program A description of the tasks, sub -tasks, and deliverables that will be provided. E. A proposed Project Schedule that will demonstrate the consultant's familiarity with CPM scheduling methods. 2. Cost Proposal (envelope 2) The consultant is to submit a detailed cost proposal for all services and materials anticipated in completing the project. This cost proposal must be broken out for each phase (Phases One, Two, and Three as described earlier in this RFP)• Labor hours and extended billing rates per classification of personnel will be indicated for each task and/or sub -task defined. Selection Process Work Programs will be reviewed by a Consultant Selection Committee. The Committee will rank the consultants for contract negotiations based upon the materials submitted within the Work Proposal. The Committee may choose to interview two or more closely ranked firms. 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 City's standard Professional Services Agreement. 1,.., C92 T4wf 4 4 a" COUNCIL/RDA MEETING DATE: December 16, 2008 ITEM TITLE: Approval of a Request by the National Labor Relations Board - Region 21 to Utilize the Study Session Room for an Administrative Hearing on January 26-28, 2009 from 8:00 a.m. to 5:00 p.m. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a request from the National Labor Relations Board - Region 21 to utilize the Study Session Room for an administrative hearing on January 26-28, 2009 from 8:00 a.m. to 5:00 P.M. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The National Labor Relations Board - Region 21 has requested that the Study Session Room be made available for an administrative hearing on January 26-28, 2009. The request meets all the requirements of facility use as contained in the City's Guidelines. A complete application has been submitted (Attachment 1) for the City Council's consideration. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 093 1. Approve a request from the National Labor Relations Board — Region 21 to utilize the Study Session Room for an administrative hearing on January 26-28, 2009 from 8:00 a.m. to 5:00 p.m.; or 2. Do not approve the request from the National Labor Relations Board — Region 21 to utilize the Study Session Room; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Director of guilding & Safety Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Application 094 ATTACHMENT 1 Twit 4 � au"�w F 2 A. of i Organization: Person(s) In Charge: Address: M .Facility Requested: Type of Event: Public Ae`�!^� Priv naarrintinn of ActiVitY: A N: _ Phone:2(3-$R`f 65 Date(s) of Use•&)Aua�"4, AWI Size of Group: C�D Time of Use: Start (a.m./p.m.) $.Do a^., Finish (a.m./p.m.) SUM Total Hours of Use x $32.00 /hour = S 6 Certificate of Additional Insured Attached: -or- City Insurance Requested: Fee Paid: S Refundable Cleaning Deposit Paid: Session Room - $200 Council Chambers (up to 53 people) _ $300 Council Chambers (54 people plus) _ $500 Total Paid: ofethedCitygof /Lyaed eQuuiinta relating o ty agrees to abide hy the rules e use of public facilities• Date:_uJL— Signature: Title: Deposit Required For: Deposit Returned: Date NOTE: The person sipginp the aDpli..tion and the etatemwgt of information meat be an 0Moor of the IpmuorinD orpanisatiop. If the person is not an off d the nryanirati.n for whi.h applioatign iw mede, he/she must present written authorisation from the psonD to g" 095 T-Vf ot 4 a" COUNCIL/RDA MEETING DATE: December 16, 2008 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of On -Site Improvements for Tract Map No. 30023-4, Trilogy, Shea La Quinta, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: g STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to April 15, 2009 for Tract Map No. 30023-4, Trilogy, Shea La Quinta, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: BACKGROUND AND OVERVIEW: Trilogy (Tract Map No. 30023-4), is located south of Avenue 60, north of Avenue 62, east of Madison Street, and west of Monroe Street (Attachment 1). On October 21, 2004, the City and Shea La Quinta, LLC entered into a SIA for Trilogy. Section 6 of the SIA requires: "that the subdivision improvements shall be complete 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 conditions affecting or affected by the Improvements. " In a letter dated November 3, 2008 (Attachment 2), the developer requests a time extension to April 15, 2009 to complete the remaining on -site improvements which include a storm drain inlet structure. This storm drain inlet structure is a revision to previously approved plans. Staff has prepared the attached resolution which provides for approval of the time extension of the SIA. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. 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 April 15, 2009 for Tract Map No. 30023-4, Trilogy; 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 April 15, 2009 for Tract Map No. 30023-4, Trilogy; or 3. Provide staff with alternative direction. Respectfully submitted, "�fr- 'Timothy R. J as o , P.E. Public Works Dire or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from Shea Homes dated November 3, 2008 �. 097 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 APRIL 15, 2009 FOR TRACT MAP NO. 30023-4, TRILOGY WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 30023-4, Trilogy, on October 21, 2004; 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 October 21, 2005, 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 the on -site improvements as required by the approved SIA is extended to April 15, 2009. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on April 15, 2009. 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. 098 Resolution No. 2008- Tract Map No. 30023-4, Trilogy Adopted: December 16, 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 16th day of December 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ... 099 ATTACHMENT 1 SITE v TM 30023-4 TRILOGY PMSE AVENUE ITY MAP NOT TO SCALE CITY COUNCIL MEETING: December 16, 2008 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 30023-4, Trilogy APPLICANT: Mr. Jeff Davies, Shea Homes 100 o� Trilogy at La Quinta 'November 3, 2008 ATTACHMENT 2 R��EQ Mr. Tim R. Jonasson, P.E. NOV Q 2008 City of La Quinta Development Services Principal Engineer Dev 4 % :P.O. Box 1504 pgtegr 'A tyj :78495 Calle Tampico :La Quinta, Ca. 92247-1504 . RE: Tract Map No. 30023-4 Subdivision Improvement Agreement :In response to your letter regarding the Subdivision Improvement Agreement for the above referenced Tract Map, we would like to respectfully request an extension of time :to completer the improvements covered by the agreement. Please accept this letter as our formal request to extend the completion date of the subdivision improvements associated with Tract Map 30023-4 to April 15, 2009. Please contact me with any questions regarding this request at (760) 272-9798. Sincerely, c Jeff Davies Shea Homes Community Development Manager Where dreams take f Zight. 60-800 Trilogy Parkway La Quinta, CA 92253 P: 760-777-6100 / F: 760-777-6119 TrilogyLife.com 1p1 �\�nt s GaG4,'s�steR�' SheaHtmles G.,iogdoce.881 trilogy at LaQdnm is a mmmuntty by Shm Wulnta, L1.C, an btdependmt member of the Shea family of mmpanxs Homes al Trilogy are tnn nded for occupancy by persons 55 ye .f age or ofder, with evtaw txcepdm foryoungerpersans as provided bylaw and thegoveming covenants, conditions and .0,kdons. ,__ T4hf 4 4 Quha COUNCIL/RDA MEETING DATE: December 16, 2008 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of On -Site Improvements for Tract Map No. 30023-5, Trilogy, Shea La Quinta, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to April 15, 2009 for Tract Map No. 30023-5, Trilogy, Shea La Quinta, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Trilogy (Tract Map No. 30023-5), is located south of Avenue 60, north of Avenue 62, east of Madison Street, and west of Monroe Street (Attachment 1). On June 8, 2005, the City and Shea La Quinta, LLC entered into a SIA for Trilogy. Section 6 of the SIA requires: "that the subdivision improvements shall be complete 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 102 modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. " On May 15, 1007, 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 15, 2008. In a letter dated November 3, 2008 (Attachment 2), the developer stated that all the improvements have been completed with the exception of the final lift of paving. The final lift of paving will be done when the last home is built in this phase. The developer requests a time extension for completion to April 15, 2009. Staff has prepared the attached resolution which provides for approval of the second time extension of the SIA. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. 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 April 15, 2009 for Tract Map No. 30023-5, Trilogy; 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 April 15, 2009 for Tract Map No. 30023-5, Trilogy; or 3. Provide staff with alternative direction. Respectfully submitted, 4imothy R. on on, P.E. Public Wo s it ctor/City Engineer 103 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from Shea Homes dated November 3, 2008 104 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 APRIL 15, 2009 FOR TRACT MAP NO. 30023-5, TRILOGY. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 30023-5, Trilogy, on June 8, 2005; 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 15, 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 the on -site improvements as required by the approved SIA is extended to April 15, 2009. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on April 15, 2009. 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. ._. 105 Resolution No. 2008- Tract Map No. 30023-5, Trilogy Adopted: December 16, 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 16th day of December 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ATTACHMENT 1 TM 30023-5 TRILOGY AVENUE TRACT 30023-5 60 � w w � � N AVENUE 61 N AVENUE w 62 z w z U Oim Q VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: December 16, 2008 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 30023-5, Trilogy APPLICANT: Mr. Jeff Davies, Shea Homes 107 Trilogy at La Quinta :November 3, 2008 Mr. Tim R. Jonasson, P.E. City of La Quinta Development Services Principal Engineer :P.O. Box 1504 78-495 Calle Tampico :La Quinta, Ca. 92247-1504 . RE: Tract Map No. 30023-5 Subdivision Improvement Agreement ATTACHMENT 2 I� ftcok ONS NOV 042008 In response to your letter regarding the Subdivision Improvement Agreement for the above referenced Tract Map, we would like to respectfully request an extension of time to complete -the improvements covered by the agreement. Please accept this letter as our formal request to extend the completion date of the subdivision improvements associated with Tract Map 30023-5 to April 15, 2009. All of the improvements have been completed with the exception of the final lift of paving. The final lift of paving will be done when the last home is built in this phase. Please contact me with any questions regarding this request at (760) 272-9798. Sincerely, -Je avies Shea Homes Community Development Manager Where dreams takeffight. 60-800 Trilogy Parkway La Quinta, CA 92253 P: 760-777-6119 10 P: 760-777-6100 / h . SheaHmnes TrilogyLife.com ca tt aht a881 logyat LaQainm ar a community by Shea LaQuinta, LLC, an independent member of the Shea family of companies. Eoma at Trilogy are intended far arettpancy by pmmrs 55 yt Taw^FlwR COUNCIL/RDA MEETING DATE: December 16, 2008 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of Off -Site Improvements for Tract Map No. 30023-5, Trilogy, Shea La Quinta, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: /0 STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to June 15, 2009 for Tract Map No. 30023-5, Trilogy, Shea La Quinta, LLC. FISCAL IMPLICATIONS: None. RTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Trilogy (Tract Map No. 30023-5), is located south of Avenue 60, north of Avenue 62, east of Madison Street, and west of Monroe Street (Attachment 1). On June 8, 2005, the City and Shea La Quinta, LLC entered into a SIA for Trilogy. Section 6 of the SIA requires: "that the subdivision improvements shall be complete 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 109 modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. " On May 15, 1007, the City Council adopted a Resolution granting a time extension for the completion of the off -site improvements as specified in the approved SIA to April 15, 2008. In a letter dated November 3, 2008 (Attachment 2), the developer requests a time extension to June 15, 2009 to complete the Monroe Street improvements. The developer stated the Monroe Street improvement plans were being reviewed by two jurisdictions with different specifications, Riverside County which governs east of the centerline and the City of La Quinta which governs west of the centerline. It was determined later to limit the improvements to the jurisdiction of the City of La Quinta and the Monroe Street improvement plans were approved recently. Staff has prepared the attached resolution which provides for approval of the second time extension of the SIA. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement to June 15, 2009 for Tract Map No. 30023-5, Trilogy; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the off -site improvements time as specified in the approved Subdivision Improvement Agreement to June 15, 2009 for Tract Map No. 30023-5, Trilogy; or 3. Provide staff with alternative direction. Respectfully submitted, '-44mothy R. na n, P.E. Public Works D' for/City Engineer . 110 Approved for submission by: / /w Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from Shea Homes dated November 3, 2008 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 OFF -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO JUNE 15, 2009 FOR TRACT MAP NO. 30023-5, TRILOGY. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 30023-5, Trilogy, on June 8, 2005; 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 15, 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 the off -site improvements as required by the approved SIA is extended to June 15, 2009. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on June 15, 2009. 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. Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. 112 Resolution No. 2008- Tract Map No. 30023-5, Trilogy Adopted: December 16, 2008 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 161b day of December 2008, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (City Seal) let � ] :1;•P/ � •7eF'� [•7 7.7 :f Ji A M. KATHERINE JENSON, City Attorney City of La Quinta, California ATTACHMENT 1 K0 TM 30023-5 TRILOGY AVENUE TRACT 30023-5 60 Ld do .S.. A� • =\ , VICINITY NOT TO SCALE CITY COUNCIL MEETING: December 16, 2008 1-9 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the Off -Site Improvements for Tract Map No. 30023-5, Trilogy APPLICANT: Mr. Jeff Davies, Shea Homes 114 0� Trilogy® at La Quinta November 3, 2008 Mr. Tim R. Jonasson, P.E. City of La Quinta — Public Work Director / City Engineer P.O. Box 1504 78-495 Calle Tampico La Quinta, Ca. 92247-1504 ATTACHMENT 2 RE: Tract Map No. 30023-5 Off -site Subdivision Improvement Agreement We would like to respectfully request an extension of time to complete the improvements covered by the SIA agreement. The Monroe Street Improvement plans have been subject to extensive review and i revisions because the street has 2 agencies governing it, Riverside County east of centerline, and the City of La Quinta west of Centerline. Each agency has a different set of specifications by which they review and approve street improvements. In the end, the decision was made to limit the improvements to the jurisdiction of the City of La Quinta only (centerline of Monroe St. to west right of way). Please accept this letter as our formal request to extend the completion date of the subdivision improvements associated with Tract Map 30023-5 Off -Site Improvements to :June 15, 2009. Please contact me with any questions regarding this request at (760) 272-9798. Sincerely, _ Jeff Davies Shea Homes Community Development Manager Cc: Edward Wimmer P.E. , Development Services Principal Engineer Where dreams take flight. 60-800 Trilogy Parkway La Quinta, 115 3: 760-777-6100 / F: 760-777-6119 • . SheaHome: TrilogyLife.com calUtgsinae 1882 ogyat LaQuima is a community by Shea LaQulnta, LLC, an Independent member of the Shea family of companies. Homes at Trilogy are intended for occupancy by persoiu 55 years Tjht ot 4 a" COUNCIL/RDA MEETING DATE: December 16, 2008 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 36058-R, Stamko Development, Co. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: // STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement (SIA) for Parcel Map No. 36058-R, JC Penney, Co., Stamko Development, Co. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 36058-R is located north of Avenue 48 and east of Adams Street (Attachment 1) • This commercial development will consist of one (1) parcel on approximately 22.81 acres (Attachment 2). On December 2, 2006, the Council approved Final Tentative Parcel Map 36058-R. The developer has requested the City Council's conditional approval of the Final Map (Attachment 2) which will allow 30 days for completion of its processing. To date, the SIA (Attachment 3) has been executed by the developer but the associated securities have not yet been received. The Final Map is technically complete and is being routed for signatures. The developer expects that the associated securities and all signatures will be in place within the time allowed for its conditional approval. ..�. 116 As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within 30 days (January 15, 2009), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) and associated securities. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 36058-R, Stamko Development, Co.; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 36058- R, Stamko Development, Co.; or 3. Provide staff with alternative direction. Respectfully submitted, mothy . J n s n, P.E. Public Wo s Di ctor/ City Engineer Approved for submission by: ��,�� Thomas P. Genovese, City Manager 117 Attachments 2. 3. Vicinity Map Tract Map Subdivision Improvement Agreement 118 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF PARCEL MAP NO. 36058-R, STAMKO DEVELOPMENT, CO A LIMITED PARTNERSHIP, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. 119 Resolution No. 2007- Parcel Map No. 36058-R, Reversion Adopted: December 16, 2008 Page 2 of 3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Parcel Map 36058-R is conditionally approved provided the subdivider submits all required items on or before January 15, 2009. Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act, and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the Final Parcel Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on January 15, 2009. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. 11.11 120 Resolution No. 2007- Parcel Map No. 36058-R, Reversion Adopted: December 16, 2008 Page 3 of 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 161b day of December, 2008, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 121 ATTACHMENT 1 hwy CD cn �J1 J Q n cn F 0Fc o � AVENUE 48 � SITE VICINITY MAP z 0 w w w w 122 IN THE CITY OF LA OURRA, COUNTY OF RNERSIDE, STATE OF CAUFORNTA SHEET T OF 7 SIEETS Parcel,%YP No. 36058-R M Jt94_MYO_�JNK BEAM; A REVERSION TO ACREAGE OF PARCEL AMP NO. JI855, AS SHOWN M PARCEL AMP BOOK 27J, PAGES 96 THROUGH 98,, RECORDS OF RhERS/DE Arm. 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N9RLIIX MAR NNAQIG'C A1A NMNY N W fAYILYI /QI MF UQ/rv.YO JOI INKS fi' NOESS NA EwS N NRVIC NLSRNAI (SG[ ,yR{ LN($ pLCIS ,HgtH1$ wl(MS !ACERB MO NANR%N4S YM NrACR'Y 11NQ6 01111 A/O AONSS LOI H' NA IMNL LLA^ YG JIE{ /JLr }L m NNII N/rKtP.YO MEE NEA NO wlw SALE JM YWQwNC NTAA EK MO OIFACY IENOIS wm ,EAy/Y ,1 LdRVBI OA OIY LiLA'Ab [Y-MIW QON N 11L OIY mNLR N RFOry N IA RNIA 0- 1 I I I I I I I I I 1 I I 1 I 1 1 1 IN THE Cff OF IA OUINrA, =Ntt OF RIVERSIDE, SrATE OF MFORNIA Parcel-JVaNo. 36058-R BE7NG A REVERS/ON 70 ACREAGE OF PARCEL MAP NO. 3I= AS WV*N 7N PARCEL ANP BOOK 12; PAGES 96 7NROOGN 93, RECORDS OF RNERNDE' COUN7>'. 5'FA7E Q CWUFORNN BVW 7N SECWN 29. MWNSMP 5 50WH,, RANGE 7 EASr.. S.B.N. STANTEC CONSULTING - PALM DESERT DIVISION MAV, 2008 Aal�- Mpa21w rM/� S VEr 2 OF 2 ShIM dxn [a> rn JwFR eWaM xer Yea dQs dl� Lw.1n amfsF 4YasIS r IWsu w0 t[IlL® LOa 'A' rIIIG.OI T. (F Ip]IRS XID'p Yp LG9RD da MAMN'd YM M ItlII-I. PY8 I� WR OMSWH /I)/!II /F MGa4 MIX1L w0IG9lid da M MQL YV M ATM1 P.Yd r=Va✓-.11. [IY690afAwZ .101[6 <> NICIIQ .ham MO LCW.rsD da IA MWE YV I.a AS62 PYLrN/N-T1 a•na onn.e• �mlm 77 /YGRi .1m0 NO IE1PLffD da ISR a•@ YV M .1Mr4 IYB LCi�b-rA 1/l@ •/IEM1fY aIIFII ////I M'A1F9 HM'aM AC'CS Nala .BlRlbd f1®/ II d•!•IY [0.VIW6 NMam M M O/IT 4 LKNH Au Lcwrmeirs w±iad• • IGIIAm da PLAw[xa IVP Art JA•SS ti v.Ii�-+a w� mino�>mtu. E6SE7�2A�RFS ® names � Iv LamG9IM Ices rmm wwaca rtP Iwaa Lr[= In JAnn a[[a ny/-Lr ® aa•mw[aannla dwrr nnnvs A69L.ID Ilea[ • IpGIrFS RYM Y>M'Tf.I[Ibl/M IIACIC RK SaVlO'PLS G0IP RA /ItP'lL YV In JAus Pr xus+-w (wcss mires em[nF • Lmm Iava r d ar av snrc s dvere vw• Ys rer, PLM dua IrAe Lu J®r-r • •mru Iveo r � d w va • wlvElt awn Yd ser, rtv /xAcn Lw Iu xva-; PYs ra/ii-n (wca mr•war Inrm} ♦ P•aas IwJc r . L•vn 5s wr, P[e nran Lro Aa JJAm P.ILB nYro-w lLef4' o/M.a� Iwm} I/!' Gs6 M[w Ae drtn uav x mnLHK d.W[e sa¢ru'.e.owi ew mKI Save-L LK v I•r n � .1a 2l� l6I•aYF <Itf I6TICI JAM' U /Pr IJI � u Jsm y v Jr.m• 9 MME M oLp� scru SITE >d[ rwm VICINITY MAP CITY OF LA QUINTA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAP NO. 36058-R ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 by and between STAMKO DEVELOPMENT CO. LP a LIMITED PARTNERSHIP hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Parcel No. 36058-R (the "Parcel") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. T:Qevelopm nt Services DMsim\Developnent Pfged Mgreenents\SIA\$IAS in PrcgressVCPenney RevemoMONSITE_SIA dM 125 1 of 7 B. Improvement security shall conform to Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%p) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%p) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Parcel map or waiver of Parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of 126 TADevelopment Semim Dmsion\Development Prgecls Agmemenls\S1kSIAs in ProgressUCPenney Revemion\ONSITE_SIA.00c 2 of 7 warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.8., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Parcel Improvements. However, if at the 12 end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty T9Devdopment Services Dmvon\Development ProfedMgreementsVSIA\SIAs in PregmssUCPenney Reversion\ONSITE SIAAoc 3of7 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, at sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 128 •rti . T1Developnent Services Dmsim0evelopmenl PmjectsWgreernents\SIXSIAs in ProgressUCPenney RevemoMONSITE_SIA dcc 4 of 7 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed,' or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the 12g heirs, executors, administrators, assigns, and successors of the parties hereto. T Zmlopment Semces DihslonMevelopment ProtectsV greementsASIXSIAs in Progrew=loenney RevemoMONSITE SIA.doc 5 of 7 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of Califomia. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. City of La Quinta 78-495 Calls Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager ATTEST: City Clerk Developer Address Stamko Development Co. 2205 N. Poigqsettia Ave. Manhattan Belch, CA 90266 By:_ Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date 130 T\Development Services Dms,on\Development Pmteons gmementi;SIAISIAs in ProgressuCPenney Reversion\ONSITE_SIA doe 6otl CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A,s' ................... .w.G. �.>._n I :�.Ya :.. .m?,g. _c.c»,.G. w GaG.. a Ga'..> s. ». State of California County of • L'�.9t'fllfLliIrl`: • rAi0/personally appeared(—' otlnc IF _lil/i: li ®..a, 49&NAYAN P. G W CO1M'M 153NW NoWN auc c.ltorm h.ma� ff Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/amsubscribed to the within instrument and acknowledged to me that ,k61she/;bey executed the same in^/her/peir authorized capacity(ies), and that by Kather/tWr signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNE; Signatur OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact NORM ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Net ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMSPRINT.. OF SIGNER x4C:: ✓GVG'v .✓ .✓G'✓ - '✓G(:,G'v -y4.U{vr_a '✓ ..qTv 'o 'er4'+J 'd -o -.vG's '.v4Vrh:.: vr..v 'vi.b4'v '✓r-✓4'o '+i4'v -✓ yl � ' 1 � 1 • • yl�� :1 :11 131 Exhibit A ON -SITE SECURITY — PARCEL MAP NO. 36058-R Improvements designated as 'Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the Parcel and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required Parcel improvements are complete and accepted by the City Council. Improvement Description Performance Mass Grading and Prewatering $ 47,352.75 Totals $ 47,353 Standard 10% Contingency $ 4,735 Total Construction Cost $ 52,088 Professional Fees, Design 10% $ 5,209 Professional Fees, Const 10% $ 5,209 Bond Amount $ 62,506 Labor & Materials 132 TADevelopment Services Dmsmn\Developmenl PmtectsWgreemenWSIMSIAs in ProgressUCPenney ReverNWONSITE_SIA d= 7of7 cewilf?v 4 XP Qu&rcu COUNCIL/RDA MEETING DATE: December 16, 2008 ITEM TITLE: Approval of the Declaration of Surplus Property RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: /OIL STUDY SESSION: PUBLIC HEARING: Approve the Declaration of Surplus Property declaring the items listed in Attachment 1 as surplus and authorize staff to advertise its sale, and if unsold, to dispose of the property by other legal means. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City has accumulated obsolete and non-functional property items over the last six months. The equipment has little or no market value and in accordance with Section 3.12.320 of the Municipal Code, the City may dispose of the equipment by auction, by sale or otherwise after receiving bids and proposals. Staff is proposing advertising the surplus equipment in The Desert Sun newspaper and receiving sealed bids. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1..., 133 1. Approve the Declaration of Surplus Property declaring the items listed in Attachment 1 as surplus and authorize staff to advertise its sale and, if unsold, to discard of the property by other legal means; or 2. Do not approve the Declaration of Surplus Property declaring the items listed in Attachment 1 as surplus and authorize staff to advertise its sale and, if unsold, to discard of the property by other legal means; or 3. Provide staff with alternative direction. Respectfully submitted, ymtIldZ4)'It� John M. Falconer, Finance Director Approved for submission by: / <..9r� 'Thomas P. Genovese, City Manager Attachment: 1. Declaration of Surplus Property 134 CITY OF LA QUINTA Surplus Equipment Computer Supplies M/X14E MODEL MOP IPT'ION RIAL NO. CONDITION MY 0 Gateway PH 400 Mhz Computer- 1 28MB 0013134027 Working Gateway PIII 500 Mhz Computer-256MB 001414551 Working Gateway PIII Windows 98 Computer-194MB 0023106384 Working Compaq Pill 700 Mhz Server-785MB D013DKN1K247 Working Compaq PIII 700 Mhz Server-512MB D014DKJ1K229 Working ColorLaser Tektronix Printer OGMFJA07061 Working 369 HP Officejet Pro 1150C Printer SGB874AOJS4 Working -needs ink Hewlett Packard Photosmart 7550 Printer CN281420HC Does not work Proview 15" Monitor FSAU1301991OU Does not work KIDS 17" Monitor 0691176273 Working HP 410 Copier MY335F168Q Does not work Sharp AL-1631 Copier 45056707 Working Hewlett Packard Scan'et 5200C Scanner Working Wide Range Electronics 650-115 Tape Eraser Working w cn D C z rr z w F� Ca rn Surplus Equipment Office/Miscellaneous Equipment MAKE MODEL DESCRIPTION SERIAL NO. COr#DITION 1 CITY # IBM Selectric III Typewriter 0164 Working Altec Computer Speaker Does not work (1) (2) Padded Vinyl Backs are Broken Folding Chairs (1) Metal/Wood Table Good Condition (2) Small Rolling Good Condition Computer Desks Desk Lamp Black Working Sony Boom Box Does not work Holmes Air 1500W Floor Heater Working (B) 4-Drawer metal file Good Condition cabinets (33) White Laminated Good Condition Plastic Chairs (1) 2-Drawer File Good Condition Cabinet r. CITY OF LA QUINTA Surplus Equipment Vehicle Supplies MAKE MODEL DESCRIPTION; S041AL NO, CONDITION CiTV # Tymco 1998 CNG Street Sweeper #29 1 FV67FAA7XH960688 Needs Work Chevy 3500 1-Ton Truck #30 1BGHK34J64F423826 Does Not Work BMW 2004 RT1150-P Motorcycle WB10499A942E91917 Needs Work w/14 Inch Blade Concrete Saw Does Not work Ford I Forks Attachment Skip Loader Works Ingersoll-Rand I P100C-WD I Air Compressor Works F" GW -.1 Ul Wig � 4 O��W H aw COUNCILIRDA MEETING DATE: December 16, 2008 ITEM TITLE: Approval of Annual District Information Sheets for the City of La Quinta Assessment District No. 97-1 for Fiscal Year End June 30, 2008 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 13 STUDY SESSION: PUBLIC HEARING: Approve, receive and file the Annual District Information Sheets for the City of La Quinta Assessment District No. 97-1 for Fiscal Year End June 30, 2008 (Attachment 1). FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In an effort to monitor the condition of the City-wide Assessment Districts and to report to the investment community the status of the City Assessment Districts, district information sheets have been prepared. Based upon staff review of the Disclosure Information Sheets, and based upon discussions with Willdan Financial Services who prepared the documents, adequate reserves are available to meet debt service payments for the Fiscal Year 2007/2008. 138 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve, receive and file the Annual District Information Sheets for the City of La Quinta Assessment District No.97-1 for Fiscal Year End June 30, 2008; or 2. Do not approve, receive and file the District Information Sheets for the City of La Quinta Assessment District No. 97-1 for Fiscal Year End June 30, 2008; or 1. Provide staff with alternative direction. Respectfully submitted, 1 l John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. 2007/2008 District Information Sheets for the City of La Quinta Assessment District No.97-1 139 E District Information Sheet ATTACHMENT 1 Assessment District No. 97-1 City of La Quinta, Riverside, CA BOND STATUS as of 9/2/2008 Outstanding Principal: $410,000.00 Annual Debt Service For Amount 2008 $ 75,490.00"' 2009 $ 52,840.00 ttl $20,000 Bond Call performed on 9/2/2008. DISTRICT STATUS No. of Fiscal Amount Percent Parcels Range of Annual Assessments Year Assessment Delinquent Delinquent Delinquent for Fiscal Year 2008109 2007/08 $63,150.20 $1,855.92 2.93% 4 Highest Annual Assessment Per Parcel: $681 00 Lowest Annual Assessment Per Parcel: $328.66 Average Annual Assessment Per Parcel: $619.08 BOND SUMMARY INFORMATION Original Issue Amount (Par) $745,000.00 Final Maturity. September 2, 2018 Date of Issuance December 3, 1998 Bond Call Notice (days) 30 Coupon Payment Dates March 2, September 2 DISTRICT SUMMARY INFORMATION Overall Assessed Value / Lien Ratio 6535 Total Assessed Improvements $20,718,903.00 Total Assessed Value $28,256,310.00 Total Assessed Land $7,537,407.00 Type of Improvements The project consists of the installation and construction of roadway, off -site sewer, water and landscape and irrigation improvements. ACTIVE PARCEL INFORMATION as of 07/14/08 Number Percentage of Percentage of Annual Category of Parcels Total Parcels Assessment Improved Parcels 105 100 00 % 100.00% Unimproved Parcels 0 0 00 % 0.00% Total 105 100.00 % 100,00% FUND BALANCE INFORMATION Fund As of Date Balance Type of Investment Funds Administered By Redemption Fund September 30, 2008 $25,119.74 Held By City Reserve Fund September 30, 2008 $64.753.32 Held By City Approx. Reserve Requirement: $57,360.00 All assessed values are based on data obtained from the applicable county. The information pertaining to the District and its underlying security has been obtained by WlIdan Financial Services from sources believed to be reliable, but is not guaranteed as to accuracy or completeness. The release of this information is not intended to be, and should not be construed as, an endorsement of such security nor a recommendation to purchase, sell or hold such security. Compiled by Widen Financial Services 27368 Via Industria, Suite 110 Temecula, CA 92590 (951) 587-3500 www.willdan.com Page 1 of 2 140 3 District Information Sheet Assessment District No. 97-1 City of La Quints, Riverside, CA OUTSTANDING DELINQUENCY INFORMATION as of 09/07/08 There are no delinquencies In the District prior to 2007/08. Total Delinquencies Delinquency Rate Delinquent No. Tax Year Assessment (current) (current) of Parcels 2007/08 $63,150.20 $1,855.92 2.93% 4 PARCEL OWNERS (REPRESENTING 5% OR MORE OF TOTAL ASSESSMENT) based on County Property Data as of 07/14/08 Number - % of Total Annual Assessment % of Annual Assessed Owner of Parcels Parcels for Fiscal Year 2008/09 Assessment Value There are currently no parcel owners representing 5% or more of the total assessment. Aggregate intennabon for each owner listed is based on owner name as shown on the apphm He secured roll maintained by the county Accordingly, vanations in the owner name shown on the secured roll may cause multiple listings for the same owner or for the data to be mwmpiete CALL PROVISIONS Optional Redemption: 30 day notice is required to Bondowners. No redemption premium for remaining years. PRINCIPLE UNDERWRITER Miller and Schroeder Financial, Inc. Solana Beach, CA VALUE TO LIEN RATIO: as of 07/14/08 % of Total Value to Lien No. of % of Aggregate Remaining Remaining Ratio Parcels Total Parcels Assessed Value Assessment Lien 1fl Principal 100:1 and Above 4 4.00% $1,326.941.00 $8,603.36 2.00% 75:1 to 99.99:1 25 24.00% $9,095,523.00 $103,338.92 24.00% 50:1 to 74.99:1 37 35.00% $10,285,538.00 $155,998.29 36.00% 25:1 to 49.99:1 39 37 00% $7.548,308.00 $164,430.63 38.00% Less than 25:1 0 0.00% $0.00 $0.00 0.00% Total 105 100.00% $28,256,310.00 $432,371.20 100 00% (1) Remaining Assessment Lien is reduced by any principal amounts included on the 2008109 Annual Assessment. All assessed values are based on data obtained from the applicable county. The information pertaining to the District and its underlying security has been obtained by W lldan Financial Services from sources believed to be reliable, but is not guaranteed as to accuracy or completeness. The release of this Information is not intended to be, and should not be construed as, an endorsement of such security nor a recommendation to purchase, sell or hold such security. Compiled by: Wlldan Financial Services 27368 Via Industda, Suite 110 Temecula, CA 92590 (951) 587-3500 www.willdan.com Page 2 of 2 141 4 COUNCIL/RDA MEETING DATE: December 16, 2008 ITEM TITLE: Approval of a Recipient for the 2009 Senior Inspiration Award Program RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve Mildred Donley as the recipient for the 2009 Senior Inspiration Award. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Senior Inspiration Award provides an opportunity to recognize and honor outstanding seniors throughout the Coachella Valley. On December 8, 2008, the Community Services Commission was asked to select one outstanding senior recipient who meets the following the criteria: the honoree should be at least 70 years old; reside in the City of La Quinta; demonstrate involvement in community affairs for a lengthy period of time; and personify a healthy and active attitude and lifestyle. Staff sent out a letter (Attachment 1) to the following organizations: La Quinta Chamber of Commerce, La Quinta Historical Society, La Quinta Rotary Club, Friends of the La Quinta Library, Friends of the La Quinta Senior Center, La Quinta Arts Foundation and Soroptimist International of La Quinta requesting nominees for the 2009 Senior Inspiration Award. 142 Three nominations were received: one for Mildred Donley from the La Quinta Chamber of Commerce, one for Alex Hertzberg from the Friends of the La Quinta Senior Center, and one for Yvonne Sessums from the La Quinta Historical Society. All three nominees met the criteria for the award and brief synopses are provided as Attachments 2, 3, and 4. The Senior Inspiration Award Luncheon will be held on Friday, April 19, 2009 at the Westin Mission Hills in Rancho Mirage. The Community Services Commission recommends Mildred Donley as the 2009 Senior Inspiration Award recipient. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Mildred Donley as the recipient for the 2009 Senior Inspiration Award; or 2. Do not approve Mildred Donley as the recipient for the 2009 Senior Inspiration Award; or 3. Provide staff with alternative direction submitted, Edie Hylton / Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Letter requesting nominations from 7 organizations 2. Bio information for Mildred Donley 3. Bio information for Alex Hertzberg 4. Bio information for Yvonne Sessums 143 ATTACHMENT 1 October 31, 2008 Dear: Since 1992, the County of Riverside and the nine incorporated cities of the Coachella Valley have sponsored the annual Senior Inspiration Awards. Each city selects one recipient (a single man or woman) as their outstanding senior recipient for this event. This year the event will be held on Friday, April 16, 2009 at the Westin Mission Hills in Rancho Mirage. Please submit one or more names, along with a brief summary (maximum 150 words) on why you chose that person. The following is the criteria: • The honoree should be at least 70 years old or older; • Reside in La Quinta; • Be actively involved in community affairs for a lengthy period of time; • Deserves to receive recognition and/or may not otherwise receive recognition for their service to the community; • Personify a healthy, active and contributing attitude and lifestyle. Nomination forms are enclosed for your selections. Please complete one or more and return to Christina Calderon at the La Quinta Senior Center, 78-450 Avenida La Fonda, La Quinta, CA 92253 no later than November 25, 2008. Thank you for your assistance. It is most appreciated. Sincerely, DON ADOLPH, Mayor City of La Quinta Enclosure cc: City Council Edie Hylton, Community Services Director Christina Calderon, Recreation Supervisor 144 ATTACHMENT 2 2009 Senior InspirationAwards NOMINATION FORM Please do not embarrass your nominee by not meeting the award criteria Must be at least 70 years old; reside in your city; actively involved in community affairs for a lengthy period of time; Deserves to receive recognition and/or may not otherwise receive recognition for their service to the community; Personify a healthy, active, and contributing attitude and lifestyle Nominating City: La Quinta 4?fcipient s rFirst andLast Name: Mildred Donley (DOB: 08/ 16/ 1925 No later than April 16, 1939 Age: 83 91faiCngAddress: 78-155 Crimson Drive La Quinta, Ca 92253 Tel 760-360-6901 9zciprent s Bio 01-200 words) rE-mai6 Mildred has been volunteering at the La Quinta Chamber of Commerce for over 14 years. Every Wednesday for 6 hours Mildred greets and assist our members, potential members, guests and staff With Great ethth0siasm and gracious not easily found these days. Mildred has a warnf smile and lairs to Delp people and even swap stories with them. Mifdfed is an integral part of"our'farrply here at the Chamber and is always eager to help with even the simplest`of tasks and she does it with wonderful positive attitude. Mildred.i*:pan inspiration for those of us who are lucky enough to work,,side by side v T eie nesday. ere is no task that Mildred cannot'do. Mildre.ds� dependable an o Fl ,_, o be aroulnd. Besides volunteering at The -Chamber, Mildred has been volunte±3ti— 6; ourloeal police s w. station and from What s hear she is as wring, helpf4 and gr ows there too. In conclusion, Mildra&s outstanding volunteer efforts are making a realdifference in the lives of others in the community. Although she doesn't seek it, the deserves this recognition arid'our sincere thanks for helping make the City of La Quinta a safer, healthier and happy community. Nominated by La Quinta Chamber of Commerce Blease provide this information to Christina Cafderon 6y 9Vovem6er 25, 2008 rEmai.rpreferred: ccalferon@Ca-quinta.org orfarto: (760)564-5004 145 m: _;:...,... ..,.: ATTACHMENT.3 2009senior1nSJ*4d09,9wa & NOMINATION FORM Please do not embarrass your narninee by not meeting the award criteria Must be &[Best 70 years old: reside In yourcdy: actively involved in corn oty awre for a WOW Period of thee: Daaerves to receive recogndion andfor may not OWWbe mm" recognriton for ttudremvicetothe oamrrurty: Persadfy a healthy. a*^ mid conhbAng attitude and Westyle NO City: Lk Quit LTPN llt'S ardt i aSE Narrte: k(_C )( 06 ,e tz r--gQ AW /aterV*ftApra 96, 1939 8 "i�-Z65 �o�grl �Ci'1zGl.r. leg (7GO) 772 —15,2 ssaf - AL h64i-634-� msNcoNL Alex Hertzberg is a retired Federal Employee. He served as a Foreign Service Officer with the U.S. Dept of State, assigned to U.S. Embassies in Eastern Europe. He was also employed as an Engineering Program Manager with the Dept of Defense. In 1996 Mr. Hertzberg opted for an early retirement from the U.S. Army's Space and Missile Defense Command and following frequent vacations in this area, Mr. and Mrs. Hertzberg decided to establish their new residence In La Quints. Alex has been a very active and dedicated volunteer at the La Quints Senior Center for the past 4 years. He is well respected and highly regarded by all participants of the Center's programs. Alex is very compassionate with the elderly and particularly with the disabled. In addition to being involved in various Senior Center activities, Alex is also the Center's contact person for the Riverside County Foundation on Aging - Nutrition Grants Program, which provides food for hungry seniors during Thanksgiving. Alex is the President of the Board of the "Friends of the La Quints Senior Center". He recommends acquisition and donation by the "Friends" of new furnishings for the Senior Center. Alex is also the operator of the weekly "Thursday at the movies" program. He is a judicious individual, a valued volunteer, and a respected member of the La Quints community. featre plm& tfits=fmgation to (' [rift Caafdeon 6y •`Nowerferz5, 2= Swwgpowd M e�tanfia.e g or*tb: (760)564--so4 -. 146 ATTACHMENT 4 2009 Senior Inspiration Awards NOMINATION FORM Please do not embarrass your nominee by not meeting the award criteria Must be at least 70 years old; reside in your city; actively involved in community affairs for a lengthy period of time; Deserves to receive recognition and/or may not otherwise receive recognition for their service to the community; Personify a healthy, active, and contributing attitude and lifestyle Nominating City: La Quinta 4isciptent's first andLast Name: Yvonne Sessums DOB: 02/28/1928 Age: 80 No later than April 16, 1939 5faiarnOddress: 50-645 Calle Quito La Quinta, Ca 92253 Tek 760-564-3877 Recipient's Bio &-200 words See attached letter rE-mail Nominated by La Quinta Historical •Society. r > Please provide this information to Christina Calderon 6y Novem6er 25, 2008 rEmaid preferred- ccalfeton@da-quinta otsg or fat to: (760) 564-5004 .. 147 To: City Of La Quinta Subject: Senior Inspiration Award From: The-La'Quinta Historical Society Cana£date: Sessums Birth date: 2-28-1928 U919 Calle Quito La Quinta, CA. 92253. Phone 564 3877 Yvonne moved to La Quinta on December, 1989 and her involment in the community is as follows. 1990 -2004 Member of the Arts Foundation. Served as President two years. Chairman of Relief Services. She and staff were responsible to• ckieck on the needs of the Artists and mane the booths as needed. She never missed-.a•_show. She is remembered , respected and admired for her willingness and depenability for fourteen years of service. 1990 - 2007 A member and active Board member. Co-chair on the Gala committee of the La Quinta Historical Society. Active on Earth Day, Served as a volunteer at the Living Desert. Responsible for setting up the Tortoise -exhibit. Yvonne and John are known for their back yard Tortoise Sanctuary. She has quietly served her community in a caring way. Mailing Address: P.O. Box 1283, La Quinta, CA 92247 143 `eitw 4 4XPQ,mrw COUNCHJRDAMEETING DATE: December 16, 2008 ITEM TITLE: Approval of a Contract to Simon Contracting for a Sand Volleyball Court at Adams Park, Project No. 2008-08 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 1.50 STUDY SESSION: PUBLIC HEARING: Award a contract to Simon Contracting for a Sand Volleyball Court at Adams Park, Project No. 2008-08 in the amount of $53,500 and authorize the City Manager to execute the contract. FISCAL IMPLICATIONS: The Fiscal Year 2008/2009 Capital Improvement Program includes $65,000 for the design and construction of a sand volleyball court (Account No. 401-1797-551.45- 01). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: City Council directed staff to research the costs and locations for the installation of a Sand Volleyball Court at a park in La Quinta. Staff contacted neighboring cities and consolidated information on construction costs. The original engineer's estimate for construction was $60,000. On September 8, 2008, the Community Services Commission reviewed possible park locations and recommended the sand volleyball court to be constructed at Adams Park. Notification of the improvements was provided to adjacent neighbors by way of letter. On September 16, 2008, the City Council approved the Plans, Specifications, and Engineer's Estimate (PS&E) and authorized staff to advertise for bids for a Sand Volleyball Court at Adams Park, Project No. 2008-08. 149 On December 5, 2008, 11 bids were received (Attachment 1). Staff recommends awarding a contract to Simon Contracting for a Sand Volleyball Court at Adams Park, Project No. 2008-08 in the amount of $53,500. If the project is awarded to Simon Contracting, the anticipated construction will begin January 5, 2009 and will be completed within 30 working days. FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: 1. Award a contract to Simon Contracting for a Sand Volleyball Court at Adams Park, Project No. 2008-08 in the amount of $53,500 and authorize the City Manager to execute the contract; or 2. Do not award a contract to Simon Contacting for a Sand Volleyball Court at Adams Park, Project No. 2008-08 in the amount of $53,500; or 3. Provide staff with alternative direction. Rai tfully submitted, Edie Hylton Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Bid Comparison Spreadsheet 150 BID COMPARISON SUMMARY FOR SAND VOLLEYBALL COURT AT ADAMS PARK PROJECT NO.2008.08 BASE BID ITEM NO. ITEM DESCRIPTION CITY UNIT 1 Mobilization 1 LS PM10 Dus Control in accordance 2 with AQMD regulations 1 LS Clearing, grubbing, and irrigation 3 relocation 1 LS Furnish & install a Sand Volleyball 4 Court per details & specifications 1 LS Funish all necessary equipment per 5 details & specifications 1 LS TOTAL: BASE BID ITEM NO. ITEM DESCRIPTION QTY UNIT 1 Mobilization 1 LS PM10 Dus Control in accordance 2 with AQMD regulations 1 LS Clearing, grubbing, and irrigation 3 relocation 1 LS Furnish & install a Sand Volleyball 4 Court per details & specifications 1 LS Funish all necessary equipment per 5 details & specifications 1 LS BASE BID ITEM NO. ITEM DESCRIPTION QTY UNIT 1 Mobilization 1 LS PM10 Dus Control in accordance 2 with AQMD regulations 1 LS Clearing, grubbing, and irrigation .3 relocation 1 LS Furnish & install a Sand Volleyball 4 Court per details & specifications 1 LS Funish all necessary equipment per 5 details & specifications 1 LS SIMON CONTRACTING UNIT PRICE EXTENDED PRICE $3,500.00 $3,500.00 $2,000.00 $2,000.00 $16,500.00 $16,500.00 $28,500.001 $28,500.00 $3,000.00 $3,000.00 1 $53,500.001 CSC INDUSTRIES UNIT PRICE EXTENDED PRICE $5,000.00 $5,000.00 $8,000.00 $8,000.00 $12,000.00 $12,000.00 $36,999.00 $36,999.00 $8,000.00 $8,000.00 1 $69,999.001 MALIBU PACIFIC UNIT PRICE EXTENDED PRICE $5,000.00 $5,000.00 $1,000.00 $1,000.00 $15,000.00 $15,000.00 $63,900.00 $63,900.00 $5,000.00 $5,000.00 TOTAL: 1 $89,900.001 cJ'I LANDMARK SITE UNIT PRICE EXTENDED PRICE $2575.00 $2,575.00 $1,380.00 $1,380.00 $21,500.00 $21,500.00 $32,460.001 $32,460.00 $4,880.00 $4,880.00 1 $62,795.001 DEN BOER ENGINEERING UNIT PRICE EXTENDED PRICE $10,0 00.00 $10,000.00 $3,000.00 $3,000.00 $20,000.00 $20,000.00 $36,000.00 $36.000.00 $10,000.00 $10,000.00 1 $79,000.001 R.E. SCHULTZ CONST UNIT PRICE I EXTENDED PRICE $9,500.001 $9,500.00 $2,500.00 $2,500.00 $36,000.00 $36,000.00 $56,500.00 $56,500.00 $4,500.00 $4,500.00 1 $109,000.001 SIERRA LANDSCAPE UNIT PRICE EXTENDED PRICE $4,100.00 $4,100.00 $1,500.00 $1,500.00 $7,300.00 $7,300.00 $47,800.00 $47,800.00 $2,800.00 $2,800.00 1 $63,500.001 ENGINEERING UNIT PRICE EXTENDED PRICE $3,967.00 $3,967.00 $5,500.00 $5,500.00 $7,500.00 $7,500.00 $59,883.00 $59,883.00 $2,500.00 $2,500.00 1 $79,350.001 MOCON CORP UNIT PRICE EXTENDED PRICE $29,000.00 $29,000.00 $9,000.00 $9,000.00 $13,000.00 $13,000.00 $86,000.00 $86,000.00 $11,000.00 $11,000.00 1 $148,000.001 KUBLY GOLF UNIT PRICE EXTENDED PRICE $2,282.84 $2,282.84 $1,194.11 $1,194.11 $11,223.88 $11,223.88 $44,769.66 $44,769.66 $5,374.81 $5,374.81 1 $64,845.301 EARTH SCULPTURES UNIT PRICE EXTENDED PRICE $5,180.00 $5,180.00 $4,312.00 $4,312.00 $6,522.00 $6,522.00 $63,750.00 $63,750.00 $1,130.00 $1,130.00 1 $80,894.001 D n 9 m z T4'yl 4 ZP Qu!K& COUNCIURDA MEETING DATE: December 16, 2008 ITEM TITLE: Approval of Second Reading of Ordinance No. 463, Amending Chapter 2.60 Section 2.60.020, Relating to the City of La Quinta "Conflict of Interest Code." RECOMMENDATION: Adopt Ordinance No. 463 on second reading. FISCAL IMPLICATIONS: 1,1154 IA CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: A STUDY SESSION: PUBLIC HEARING: On December 2, 2008, the City Council moved to take up Ordinance No. 463 by title and number only and waive further reading. The City Council further moved to introduce Ordinance No. 463 on first reading. The motion to introduce Ordinance No. 463 carried by the following vote: AYES: Council Members Franklin, Henderson, Kirk, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None 152 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt Ordinance No. 463 on second reading. 2. Do not adopt Ordinance No. 463 on second reading; or 3. Provide staff with alternative direction. Respectfully submitted, Veronica J City Clerk Approved for submission by: Thomas P. Genovese, City Manager ORDINANCE NO. 463 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 2.60 SECTION 2.60.020 RELATING TO THE CITY OF LA QUINTA CONFLICT OF INTEREST CODE THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: WHEREAS, the Political Reform Act, Government Code Section 81000, et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes; and WHEREAS, the Fair Political Practices Commission (the "FPPC") has adopted a regulation, 2 California Code of Regulations Section 18730, which contains the terms of a standard conflict of interest code which can be incorporated by reference; and WHEREAS, the City of La Quinta (the "City") has adopted by reference the FPPC's regulation as well as a list of designated employees as Chapter 2.60 of the La Quinta Municipal Code (the "Code"); and WHEREAS, the City desires to make changes to the list of designated employees and disclosure categories to reflect the current classifications/positions within the City; and; WHEREAS, the City believes these changes are in the best interests of the citizens of the City of La Quinta. NOW THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. AMEND CHAPTER 2.60 OF THE CODE AS FO Amend 2.60.020 Designated Employees - Disclosure categories as follows: " 2.6.020 Designated employees - Disclosure categories Accounting Manager 1 Assistant City Attorney* Assistant City Manager 1 Assistant City Engineer* Building and Safety Director' .„_ 154 Ordinance No. 463 Conflict of Interest Code Adopted: December 16, 2008 Page 2 Building and Safety Manager' City Attorney* City Clerk' City Manager* Community Development Director' Community Safety Manager' Community Services Director' Consultants' * * Deputy City Attorney' Economic Development Project Manager' Finance Director* Golf and Parks/Landscape Manager' Maintenance Manager' Management Analyst' Mayor* Member of the Architecture & Landscape Review Committee' Members of the City Council* Members of the Community Services Commission' Members of the Cultural Arts Commission' Members of the Historic Preservation Commission' Members of the Investment Advisory Board' Members of the Planning Commission* Members of the Project Area Committee' Museum Services Manager' Personnel/Risk Manager' Planning Director' Planning Manager' Principal Planner' Public Works Director/City Engineer' Senior Engineer' Persons listed in this category shall disclose all investments, business positions and income from sources located in or doing business in the city and any interests in real property located in the city, including property located within a two-mile radius of any property owned or used by the city. Persons holding these positions file the Form 700 Statement of Economic Interest pursuant to Government Code Section 87200. ` Commission Regulation 18700 defines "consultant" as an individual who, pursuant to a contract with a state or local government agency: A. Makes a governmental decision to: 1. Approve a rate, rule or regulation, 2. Adopt or enforce a law, 3. issue, deny, suspend or revoke any permit, license, application, certificate, approval, order or similar authorization or entitlement, 4. Authorize the agency to enter into, modify or renew a contract provided it is the type of contract which requires agency approval, .,._ 155 Ordinance No. 463 Conflict of Interest Code Adopted: December 16, 2008 Page 3 5. Grant agency approval to a contract which requires agency approval and in which the agency is a party or to the specifications for such a contract, 6. Adopt or grant agency approval of policies, standards, or guidelines for the agency, or for any subdivision thereof; or B. Serves in a staff capacity with the agency and in that capacity performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency's conflict of interest code. Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The city manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of the disclosure requirements. The city manager's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty days (30) days after its adoption. SECTION 3. POSTING: The City Clerk shall cause this Ordinance to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. PASSED, APPROVED, and ADOPTED this 16th day of December 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ,,4 156 Ordinance No. 463 Conflict of Interest Code Adopted: December 16, 2008 Page 4 ATTEST: VERONICA J. MONTECINO, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 463, which was introduced at a regular meetin�q on the 2nd day of December, 2008, and adopted at a regular meeting held on the 16t day of December, 2008, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in a Resolution of the City Council. VERONICA J. MONTECINO, City Clerk City of La Quinta, California DECLARATION OF POSTING I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on pursuant to Council Resolution. VERONICA J. MONTECINO, City Clerk City of La Quinta, California 153 '�.,�. • ', w5w CF`y OF TttF'� COUNCIL/RDA MEETING DATE: December 16, 2008 ITEM TITLE: Denial of Claim for Damages Filed by: Helping Hands Outreach; Date of Event — December 2, 2008 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 17 STUDY SESSION: PUBLIC HEARING: Deny the Claim for Damages filed by Helping Hands Outreach; Date of Event — December 2, 2008. FISCAL IMPLICATIONS: There was no monetary amount indicated in the claim. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Helping Hands Outreach with a reported date of loss of December 2, 2008 (Attachment 1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed the matter and recommends that the City Council deny the claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Deny the Claim for Damages filed by Helping Hands Outreach with a reported date of loss of December 2, 2008; or .,,n 15 9 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, Bre M. Plumlee, Assistant City Manager — Management Services Approved for submission by: r'!/L c�cg /e� Thomas P. Genovese, City Manager Attachment: 1. Helping Hands Outreach, Claim for Damages 10 ATTACHMENT 1 FILE WITH: CLAIM FOR DAMAGES RESERVE FAR FILING STAMP CITY CLERKS OFFICE City of La 504 TO PERSON OR PROPERTY CLAIM No - P.O.1 Box 504 La La Quota, -CA 92253 c -, `L INSTRUCTIONS . 1. ClaimsAordeatl� 4tjurly,Qa' padn or personal properly roust be Bed not later ton sa months after the �Gov.Code 110ta mmapsbreaI,propeitymustbefledriotlaterIMnIyearafterOwoaunerae.(Gov. c m 3. Read entre alm form klixitltrlg 4. See pope 2 fa}dtagrdm upon which to locate place otacddent , f 5. This daim form must be signed on page 2 at bottom. _ • T t 6. Attach separate shams, If necessary, to give krtt details. SIGN EACH SHEET. c. .. TO: [Name of City] Data of ' CI#Mt La . f. Name of Claimant tishHare Occupation of Clamant Clahnant Cloy and State Home Telephone of Wimant A t Bt loess Address Cfa6nant City and State Telephone of galrtant Clahrenfs Social Security No.: Give address and Oelepttone number to Wddt you desire notices or eommuni abons to be sent nWird'mg Jahn: 6 Witten cW DAMAGE or INJURY occur? Names of any city employees Involved It INJURY or DAMAGE: ' Date:��e Z or Time: /0:12_ pre zcll gJrgrt If Claim Is for EgUtW*Indemnity.give data Peby Conrad dahnant served w1h to complaint Date: Where did DAMAGE or INJURY occur? Describe Mv. and locals on tftaaram on ravarse nlu, of ihLq ehaar whom aeewwLnin nivn etraar mnw and address and meastaements from landmarks: Ci4• Pox Describe In detail how fie DAMAGE or INJURY occurred. M l a abar?b 12J2 /OiP, l�vw.+e tan:tl clan} ;r. Gi'7 i +o T611%4,d Pe.0 M'4r5 2 wo6 ;P nc4t!{jrk w4s MVOjad DUt i-o CIv.PFrr "il.6Y.OSD.v Tws s daaond. Why do you dawn the city is responsible? 'roc• 4" &war our Describe In dotal each INJURY or DAMAGE lost o,� (�Jni5 lou of- ref 161 SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE The amount chimed, as of the date of presentation of this claim, is computed as follows: Damages incurred to data (exac0: Estimated prospective damages as far as (mown: Damage to property ..................... E Future expenses for medical and twsp W care .E Expenses for medical and hospital pre ..... E Future loss of earnings ....................E Loss of earnings ........................ E Other prospective special damages ..........E $pedal damages for ..................... E Prospective general damages ..............E Total estimated prospective damages .......E General damages ....................... E Total damages Incurred to date .......... E Total amount claimed as of date of presentation of this datn: E Was damage andlor brjury investigated by ponce? _ a If so, what city? _ Were paramedics or ambulance called? If so, name city or ambulance If In)ured, state'date, time, name and address of doctor of your initial visri WITNESSES m DAMAGE or WM.- List all persons and addresses of persons known to have Information; Name Address Phone Name Address Phone Name Address Phone C Phone Phone Phone READ CAREFULLY Ford aaidentdaftplace anfollowing &gramwive ofs6eel IndudkV North, amidentby&I'andlocationofyourselforyourvehicleatthetmeoftosoddent East, Sw^ And Went Indicate pace of acddent by W and by aborting house by'&t' and the point of bnpad by W reanbarsordlstanoesbsheatcarers tiCilyVdWewas Involved, dasgnateby Ider W i cdonoMyVaNde when you first saw k and by V locallon of yourself NOTE: Mdngrams below do ndfdem dWsaon, Bach hemb a proper diagram or your vehlde when you first saw City Vehicle; Ioce9on of Cby vehicle at We of signed by dalrnard. IL LL SIDEWALK CURB CURB —y PARKWAY 111'F� SIDEWALK 162 COUNCIL/RDA MEETING DATE: December 16, 2008 ITEM TITLE: Authorization for Overnight Travel for the Assistant City Manager -Management Services to Attend the League of California Cities 2009 City Managers Department Meeting in Monterey, CA on February 4-6, 2009 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize overnight travel for the Assistant City Manager -Management Services to attend the League of California Cities (League) 2009 City Managers Department Meeting in Monterey, CA on February 4-6, 2009 (Attachment 1). FISCAL IMPLICATIONS: The Fiscal Year 2008/2009 Budget has allocated funds for travel, training and meetings for staff, Acct. No. 101-1004-413.51-01 . Attendance at this seminar is estimated to be $2,175 based upon the following costs: Conference $ 535 Lodging (3 nights at $240/night) $ 720 Travel $ 600 Meals (4 days x $75) $ 300 Total $2,155 CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: The League provides education and networking opportunities for City Managers, Assistant City Managers, and Management Analysts. The League conducts educational seminars and conferences each year and publishes workbooks and documents regarding various aspects of City Management. The 2009 City Managers Department Meeting topics include: an economic outlook, cost cutting strategies for cities, effectively managing conflict, local government options for addressing climate change, housing market update and more. This yearly City Managers Department Meeting is an integral part of the overall health and welfare of the City through a combination of education, updated information, networking and proven methods to institute in day-to-day City management. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Authorize overnight travel for the Assistant City Manager -Management Services to attend the League of California Cities (League) 2009 City Managers Department Meeting in Monterey, CA on February 4-6, 2009; or 2. Do not authorize overnight travel for the Assistant City Manager -Management Services to attend the League of California Cities (League) 2009 City Managers Department Meeting in Monterey, CA on February 4-6, 2009; or 3. Provide staff with alternative direction. Respectfully submitted, , 8t '�PZ Bret M. Plumlee Assistant City Manager - Management Services Approved for submission by: Thomas P. Genovese, Executive Director Attachment: 1. Program Description 164 ATTACHMENT 2CCc�CITY Managers DEPARTMENT MEETING � O l ',, 'dI LL 1t�/�`,I����L -i 0 s�,-i i 'I-' i - - i F 1 �� ; F A: City Manager I COG Director I Adnrinistrzrtive or Ma urgeinent Analyst County CAO I Assistant City Manager I Cal-ICMA Member Registration and CityBooks Open ■CONCURRENT SESSIONS 10:00 a.m.- 5:00 p.m. 3:30- 5:00 Porn. ■PRE -CONFERENCE New City Manager and First -tuner's Orientation 10:30 a.m. —Noon I Cnrn about thv I caguc and chat the orgla neat inn has to nl Iet my In,o r, nO 71 I lair hots to maetmne) our rnnferen,c cxpcncncc Llatch LIP a it11 e nwntnr mho call sene as a Itnure resnurcr Fa0 ITAToR Reue ,N Iend ez,( IIt Vlenagrr, Gnmale, spF4.Fq Rod Gould, C rU hlana"C. PO"UN Linda Rarton, Citc IN, I, I nrI-moo, Mike Garvey, Si Ad, run,IC.AIA ■OPENING GENERAL SESSION 1:30-3:00 P.M. Economic Outlook Rccessrou Of Io rrcc„arn' Rohr mw Iit'll nClal and retd estate hot topics tt nh renooned evperL Carole Rndnm L valuate the rc,rdenual/ eummercral real cstflte and credit markets effect on local ecnnonmes, Are me at the hatnarl, m hats the real t aa, only mho mill ply' ;Are sio, k And hood tit leLets sell culatdc, steady or blooming again% I lot% «ill the consumer spend- Start LIrt` t onlerenee on a note of upd,acd risks. Prul', cnuns. and good netts Irani the experts Cost Cutting Strategies for Cities C itics Idcc Imam cal challenges, v Ith ,igiufic,uit dUkhne, m rrtrnuc and mcrc,rsmg unh That hair ottpaud udtauon I he rosolt, aHe hudget Clchcus, drat+ -doom, of resm tes and, tit Siam ra sus, cash Ilom problem,. reyuirmg reduction, in sen i,e levet, Idcntd'q prnacuec and raatnc Cout-wro ig rnorsures for nae. Sl reanthne opet,mins to derclup a costa marble nr fan vauon that c,ut sec r C,sfu hV manage Pcok, and hough, in revenues n'0DFHAT7d5 Pisa -Achen, Irannng Old Ucsclnpmcm Mauagm, llu,cullc I lilac} Straus, Assr,tant to thr ( It% VLmagcr, C lilts I ICIVhL, Sae Cathy Capriola, Admmr,traUc tiCn to, Direttor, Ca ru, 1 1( ight, Charlie Long Intrnm ( rt)' �Vanego: Pmnlc Craig Whitton \s,rslant ( it, ,Maiwecrl' ( omnuuniv I)cvcloputcnt, Valley, Effectively Managing Conflict C on(lrct r, Part of all organvauons and dc( i,rou, ruade h, polk ) maker, end managers l he cI areal a,pe,t is huts conHrt and conflict managConlIL can be used product n'cly ra .m nroanvannn Learn ahout )our cnufhet ntanngoncnt st) IC and tta)s t,, bring prnductne cnulltn ut.uwgerurnl te, lntatucs rroo your organ /atlon -. - t Janet Martinez. Uaoc tar, (,ould \cgotraUoII and VIerhatam Prig I'ant— Gould C cruet let Conflict Rc,oluuou Pmgotm,,',tanhrrd Unnenrt)' To Do or Not to Do —Those First 100 Days as a City Manager Gum oea�ht and capcncnccs of tt hat m nked well and Mat didn l dui mg that first year is a uq manager. I[car suggc,uous on abet Elie\ ttould do again during that (list )au, and perhaps mare rmportnntle and mtere,ungly, what they couldnt hiODEe4T0d Wade McKinney, Cn) iN1,m.iger, .Alau,rdcro SPFAKERS Oliver Chi, Crt) Nkandgcr, Iin,emead Nelson Fralho. CrLv Manager; Pleasanton Rita Geldert, (at) Mbm,rger. A ntd Evening Reception 5:15 - 7:00 p.m. Start your,tcnmg b) nct%vn'l,mo firth )our pectsal the \nnual o2CCPl1nn I LJO ,d tpouien and dunks helool heading off to a dinner focauon of vuur choke in beautiful MoneI Registration Open 7:30 a.m.—Noon CityRooks Open 5:30 ci.rn.-4:00 p.m. ■GENERAL SESSION 9: 00 —10.15 a.m. The Stute of t lie Nation, The State +� of California cs. �w 1).inb1'ahrrs has hint .I put nahst la mule than 40 }cols, gtcnding must 'Nulling for ( ehform.a nemspapcls \tune pnint in his Cal cur, nL age?3 he easthe natlons)nunge>tdunl) nettspapor editor \Ii \\alt cis lids tt rot I cn mare Ihan 6,000 t olumns chow C,allfnrnia and it, pidhttcs I hs column nut. appcan in mile than 50 Callfrn ma neat cpapers, InrIn CIIng 7Iw [lull Slreel foal u¢l, 4ucian+enlu Ree and The Ctnnhma Suencr,Mwo or ■CONCURRENT SESSIONS 10:45 a.m.—Noon Extreme Challenges in City Nfanagement Uuroorh is both Intcrestl ng and chi l Icing l ng, Giles have uu rcasecl dcaland Ior sent Icndes, du Inking revenunr es, salas, benches a rut ucumn t c uSLs, Ina tl,mnIarn h,usmg economy In some rummunale,, the c h.Jlenges the cos manager la6CS gu bc) and [Ills Icecl. Itnoscasuncd paulesslonal, shale .extremechallenges laced in their Current and past communities. I Icar the stra[cglcs thc) deteloped and used Explore the tools end opportututws me all Piave to address such Challenges in out dilly hurk r.IDDEa fit;+. Brian Aloura, ASSISt.tnt C ay IAlauegcr_ San ( arins r if and Itow to Ask People for Money AS mums gtal huanecS twhien clues arc cxplurlu�ncm pal omrahips to echlcvc Ihett ooala - ohether it Is to build hl,mraeS. rccrc,nnnn ccnLcrs, art gallems, hoathouscs, ar am nonbet ul w wr la, Ihnas I hcsc.hurts often IIItAc a nos of pubhc and rI IVA0land, and rcqunc aucs, .Ind then m.uaagcr,, to deNclup and engage in Lundlalslno clforts tcldi rrnate ut urns and husincs>cs INplurcLhe huundarlcS and ctluC, ul doulgsu Lnl6.nbnut specific techmqueS lot suness i C>>P6A o' Steven Falk, , C IItAtanager. Lafaycau >'ECKCRS Susan Carsen, Professional furid rais, r Robert fisher, lormer Lxccume Dlreclor. San I ranclscn I uundauun Public Safetv: The City Manager and Public Safety Associations and Unions Lrnpluycc Icllwuns With puhlm s.dbtt ,ISSoc.aauun, and unions can be challenging, Lvplore the reasons lot-thcsc challcngvs and imnIduce uuastructne saes. to re.uhc concerns Ina prnductne manner I Iear CVpeucnecd guld:mcc on how in bond mare successful and collaburatne rclauons. 5'E au cRS Dale Geldert, miner I Ire C.Itcl for 11twerh I [ills, hire Chief and Depute ( i(v AIanj,m Occansidc and I Irc ( hlef and Director. Cahhn-ma Dopertmetn of Furestry and Flu PlotCL inn Rhonda I-lilyer, Pt"iticnt and [ oundcr, .Agrcumcnt D) nemlcs Scott S.G Vermeer. Polwc Chief. IAlountaln Vlcry ,P-A <ER5 Marcia Raines. (' Iy Vtanager I fall' Nlo'aj Iiae JoAnne Speers, Lsccutive Dlrectul. General Luncheon Joe Tanner, C ¢v A[anagec Vallcl° Instatutu for Local Cmcornment Noon— 1:30 p.m. 1 6 7 •'•.. 1 ■CONCURRENT SESSIONS 2:00-3:15 p.m. Council Conflict: Now What? I)nerse oplmons can enable a council to fully assess in issue and male an informed decision I)IN ercc upintons can also cause cultlbct "I alented city manager's knots a lien to help anln,tl members process their Pcrsnnal preferences as they weigh their colleagues dtflering open Inns Leann hots sc,isnncd managan Jvalt II IIh lilt -,v mncilum(Lct and hat, In some case,, the r( ,UIL, acrcdt Mid[ Yon Ituidd cxpe,l FAoum,%ToK Lisa Achen, Irau,mg art(, Drtelnpmeut IVlmulger, Basevrlle SPEA<FRS John Danielson, I orm,i Uty AIandgc r, Llk (;I,,%e Don Km-Ih. AI D, 1layor, Rdchu Cu„ununga Fred Meurer, C AN Vldnager, 4lomcrei Lupe Ramos Watson, ('ounctlAIcmbcr, Indio Creative Approaches to Skinning the Budgetary Cat I Ired of death tv 1,000 cuts' We arc Iaemg ((nsteut fnc.a rid eugrs and the s,mw old methods mak not im,k I Icar about three dilfercia approaches to Pnuntmng services and confronting the budget cutting monster- longing from data driven analysts to intet,IL in.e' dehteratliC demouac) " P/ODr i4TO° Rod Wiled, City Manages, BuwrIt IIills SPEAK'`6 Paul Are\aIu,("ity Alanaget, West l [ol IN teond Alike Lawson, I('\I Ni Centel or Performance Measurement Audrey Seymour, Fourier Assistant ( it% \InnagLT, \lento Park Extreme Hiring Makeover So hat o )'au scarchcd I act Book 1(r net, applicants lamely, Irddmondl Ill( al gnvcn,Inent hit ng practiceS ale no longer compelrute In todaN s murl,etplace for talent What need, to change and hoii can iic Jo it' I earn mnovai nu precut es to ❑ttiat I Lind his a the best and brightest."fate home Idra, that sou can apply In nit tgorale It nett null tide to humgfnrthe futweIt yourcas ■CONCURRENT SESSIONS 3:45-5:00 p.m. Local Government Options for Addressing Climate Change Plnrnud nvtb 11Ie ItnitteneJol t ncnl t✓Ad(nM1111 bl hat steps hate t rocs tal.en n aJdtass t hm.ac t hang,= \l'hai le" -In' hIte Iou learned In }(lilt tits that no, bend it ulhcrs Interc,ied In tdking dcuun to reduce grcenhou c gas emtsstuns� Sh.ac tour cxpericul and Icarn I rum (diets SPFA.,ERS Yvonne Flunter, Program Director, C ommmnrttcs I,,r I Ic.dtht kids, hiStItt[LO lol 1 ((al Gnterumtvl Larry Oerns, Slllum \alel Potter (Sautd 0.11.is Llectn, I tlbh I)cparlmeutl Sam Pierce Pk, PI Incipal, I(2llus Applied 1(, ten, e Iblore Fabulous Flops Didn't get enough la'it luus hops et the last cnufcicu(c' I lcres)ourchancc to Icarn more about -real Ideas That oenl aitry I Tear some scarp stones and -ct the hdclkstagc i teNN of hun It all Brent ii rung Dectpher hots to use the CSsnnS Lhue learned to crcatu I'Itinre 1dLVC,IUI IIt )our t Iti ;rOlDraA*oR June Catalano, ( ny Mandger. Pleasant I ill 5"cAHfS Debra Figone, ( uv V'lanago San Jose Kenneth Frank. ( Itk Manager, Laguna Ilcach herb Nlonie, ( u} tilanager Sao Ramon Storytelling as Best Practice IC)ourgoLil Is to educate. Persuade. ur sunply connect In a meanmgiol tray v It h d Particular audlcncc (like it tits conned or planning commrsswN, storytelling Is the single most Poacrlul conimunlcallonv tool madehle to Iou Learn Lu make narralne the most pomcrful form ul hrnnnn con,m,mcutinn, I xplain h,e% stones compare ivll h duta ichen it come, to ,-rrn-memg an audlcncc Describe the Ike% seructurall clement, end quahtI(s of a ball-, [Lilted DI,cu S, how to use stone. In cnhaucc vm r tt nrk on d oak-to-dail lasts and hots rnu can h(dd a slontclhng culture in )om-mganvauon tour Living Legacy Pethaps the most tmpm-tani p,irt of )'nut Iegdc} is the people you haw posuloncd to Iced\nurotgannutiun Into the f(Iinre Du )uu hate a replaccamnk) rend) to talc (,vet ) our exccirtn, le, cl positions or arc you leaving It for the city conned m next clLt manage, to deal with= I he lahor pool has never teen thinner "File competition in recruit and ret.nn exCCttItC, has crier been tougher, I Fear practical evamPles of ti hat kill can do to Prepare for the ellearxe Ira i,nion of}nut masl wrll,,r Positions, tndud tn- you r oii n {trt'SIDA,G prank Be,i Lit,[) cut Manager, Palo \Icu sF°4REds Alike Flad, Cat) Manage,, Burbank S(ntt Marij,k, CIt) Manager, Ihnw.nud (yaks Evening on your own 168 ■BREAKFAST DIALOGUE Senior Managers and Roomers in Trunsition Discussion Forum 7:30-8:1i a. in. What issues lace Nou a, the sellout noanagcr in the r Inwtg )cars of }nut cared -I Inve %ou made or are VOu close to makmo the des own to let ve= Pcrhap,. )eu arc retired And active or rcturmno, no murk Join together n it h peers and collcaoucs to hour updates from the 11 I cbr uaoN 2008 disc u,ernn.wd will, about w hat i, next fur tau FRESIDIv Kevin O'Rourke, C'a) IAJm wger, I Airfield ,.,KERS Ceorge (.araealho. Retired Cal .\hovel,. S.mLt C arit, James Keene Dircctot nl Strategic haves, IC \L\ \Nest (.Oast ■CONCURRENT SESSIONS S , I i — 9: 00 a. in. Changing Media Environment: Covering City Hall and Local Issues \cut medw I henncl, are t hanging a here and hno the puhlic get, it, news I rpm hmc dmlw,, online mteracuNe Papci, ,rod new,, ,tanuns to l'ou tuhe and the Incite, 1, the u-enc6 acceler.im as wunuer residents approA It t uuno agc I -xplurr haw the consohdelwn of mcdra and t o,t wrong efforts change the Ntal that Irn al issues and nce, arc owcrcd I Ices hew tic can better du our lobs and rnfOrm the Puhhc Y"Akcrty Liz LaPorte Lutatdm l,XcuoLce Doector, Peninsula I V and Producct, Penmsula'I V NcNNs John McManus, I urine, DIICItrlr of Grade Ilie V c%s Oro Well Sac, former Vlsitmg SchnLtr/Profcnsnr of Journehsnt At Sae Jose Statc Luncrsrt,, and SLuufnrd Ulm( rsti' anti Anchor Clark Simon. Assistaul to the ( 1-0 of C,a11 ram coil Sam owns, I urmcr Peninsula ( nlummsi, Sao Iwcusco Chromcle, und, former( ip Ilall Reporter Palo Alto and Redwood ('tit Tribute I ousing Market Update — What Lies Ahead and J low it Could Affect Your City Uton itw the ccnnnmicc affccuno the slum dotty n in Cho huusmg merl.cl 1 corn hONt i hC,c c(onnmu send ilonn arc impdcllnu your upAIlseal prrbn manic Lndcrst,ncl the rclanon,hop hutmecn detclupment impact fee, and real est,ite sales pnex, for home, ( insider si rategics lot ed&,,vn1o, tho shoit term and long to no mip.a Is ul the housing maiket slump A')->EHAf JR MarkDecen, A„nl.ot(It% Manager, Cu)card n't AKtR, Greg Pacyuin, Real I stone ( onsulLant Carlos Orrutia, ( uv Nlanegci. Rucklm Tim Youmans. \lan.tging Prtnupal, Lwnnmrc Ls Planning Systems, In, The Manager's Responsibility for Organizational Ethics — Meeting the Challenge of Ethical Leadership \vndmo ethical issues in an nrganvation is much better then reacting to Ihcin Once they ot(In Duallirw wnh an ct6tcol crisp can be One ul the mu,t difficult equ'nence, of a manager', career Gam a I)Ct ter u ndci si and mg of rolr, und re,pon,thrlrue, in (rent mg an ethicel )re.Invauon Locate resuurcc, aNail"hle to help uuplement thatgnal MODEPArOR AND SPEAKER Kevin Duggan, Gav .Alenagco, Mountain Vmtr SPEAKER Jan Perkins, Pattnor, \lanagemcnt Pan ners Susan Loftus, ('«v Vlanagcr, San Alets,, ■GENERAL SESSION 9: 4 i — 11: 00 a.m. Closing General Session I his a dl he the one event um tN dl IAIk <Jmut until next tan. Rehire you depart. }Ou a dl he inspired, amvcd and cnlcrtamcd In Alike R avhmn l his guitar soloist ha, rcr cncd st,uirlinn nvuuons from kcN cute, In Carncgoc Ilall I le tall challenge you m keep vour creatn e mud open to possihdrtres and new 'AN" III optrating 4r„unn/,t hedule III ,nb/ect Iu char"' :I 't LEAGUE OF FORNIA CITIES 1100 K S I RI II SA< RAM IN IO. C A'bS I WWW ( ACITII S ol'(: 2( Cc) City MUnuger.s Department Meeting February 4-6, 2009 Hyatt Regency, Nfoaterey REGISTRATION AND HOUSING DEADLINE Wcdnesda},]anunry 14, 2009 REGISTRATION/EVENTS Ilfull regieu alum keincludes prn>.r: ur ma[en.ilr uto hnnkfasl s_ AVedn(.dut ro, cgil um and I Lund I} Imm h )I,ur lull eunlercnse foes suhad" the Io11.nt... ;IO Invlustla Lan Lxcharlp:•(nmmrttr S25 (nr Cal -IC ALA forthe 20101lint ('mn+uat", sou l'm C,CUI ONLINE. Reserve) our hotel rnnni onl} alter enmpleuuo rimkren.e gnu noon imhnc a :t ¢ tt cn_ nlc. rn �h �cnts, belum lAcdne.da� )...mart la 2009, — — rinv dot ire nllau:m i..'It evadable t ull Cunfelenee IWed thlu Fur (lp \tanager, VIAI AAl auJ ALAI 1,`,C' UuuLsrs >d IS OU -UI Oihr,, s7a5 np (luesd�pouse ", III land etelrtsi s150fi() 'U....,m....4 .. m , , ri.enhl ,fb lluuuq rtmol .n."d. GUEST/SPOUSES REGISTRATION Guest nnpuu.c en endin; the 2W:9 C Its AIa payer. 1)r p.ul mo It AL elin....Ilh e 1,o Ruud eltrnrlu nluei pu-cLasr a �uevt reo isu ahon Ledge at S I SU lu attend all.ovou, and nrcal lunc uxn I or udennrtl� n .,it lo( al eteuw tt ithin the q, please the hotel ern mirrgr desl. CA%C6r-a-.04s vo mI un dswill be "'en for rant l.an .I... Ns «r uc.d ahcrfunuary ?I. _)OW) VII I,unell..lmn. nnnt b: ,nbm It(' d ni tt 1 nilg(n k I. dtrr'I cautlr, r,I ni f., ,ed to (916 1691. S220 anJ dle udgecllo I �iU ['I,," ,I"" ter suh.tautvar can Le made unsae LOCATION I IYan Rr gcna, A lamer' } 0" Old (:nll ( none Ro,d. AI -noun < A')tnIII bell pail.m¢ IL" HOTEL RATE S t `) VO ,inglr'd ublc plu, tii 00 n,nn Ire $ 15 pr r r,ht Stale of ( aril nail Iou. ivn \ssrs.mrnl, and 10'- slate and local t i'l l CITYBOOKS hr gntci nnluu'unlc Lrhnc l5'rdm sJ.n January 14, 300') end n run a ( 1,11.u,1: .nap., t amrtr xlxrra wrtx 00 10'i rynt-ammrner �/SOYINK go1%rr,)r le<I Jtb.-r PRESORT FIRST CLASS US POSTAGE PAID PERMIT NO 1072 SACRAMENTO, CA rsFe, jr'f�o- q7 i.?,_ c.rs 19 cE'M OF'C1�F'� AGENDA CATEGORY: BUSINESS SESSION: _ COUNCIL/RDA MEETING DATE: December 16, 2008 /n CONSENT CALENDAR: _7 ITEM TITLE: Approval of Annual Continuing Disclosure for the City of La Quinta 2000-1 Assessment District STUDY SESSION: for Fiscal Year End June 30, 2008 PUBLIC HEARING: RECOMMENDATION: Approve, receive and file the Annual Continuing Disclosure for the City of La Quinta 2000-1 Assessment District for Fiscal Year End June 30, 2008. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On November 10, 1994, the Securities and Exchange Commission adopted amendments to existing federal regulations (Rule 15c2-12) for bonds issued after July 3, 1995, requiring issuers of municipal securities (bond issues) to do the following annually for each bond issue: 1. Prepare official statements meeting the content requirement of Rule 15c2- 12. 2. File certain financial information and operating data with national and state repositories each year. 3. Prepare announcements of the significant events including payment defaults, defeasances and draws on a reserve fund as the events occur. 171 Attachment 1 is the 2007/08 Annual Continuing Disclosure Statement for the City of La Quinta 2000-1 Assessment District - La Quinta, prepared in accordance with the three aforementioned requirements. Additionally, no announcement of significant events was necessary for Fiscal Year 2007/2008. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 Approve, receive and file the Annual Continuing Disclosure for the City of La Quinta 2000-1 Assessment District for Fiscal Year End June 30, 2008; or 2. Do not approve, receive and file the Annual Continuing Disclosure for the City of La Quinta 2000-1 Assessment District for Fiscal Year End June 30, 2008; or 3. Provide staff with alternative direction. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: Thomas G. Genovese, City Manager Attachment: 1. 2007/2008 Annual Continuing Disclosure Statement for the City of La Quinta 2000-1 Assessment District 172 P% I 1 M%Irllvl Llv I I CITY OF LA QU/NTA ASSESSMENT DISTRICT NO. 2000-1 (PHASE VI IMPROVEMENTS) $2,285,000 LIMITED OBLIGATION IMPROVEMENT BONDS Riverside County, California Dated: June 21, 2000 CUSIP: 504193 2007/2008 ANNUAL CONTINUING DISCLOSURE INFORMATION STATEMENT DECEMBER 16, 2008 Also available at: Wilidan Financial Services www.wilidan.com 113 LIST OF PARTICIPANTS CITY OF LA QUINTA www.la-quinta.org John Falconer Finance Director P.O. Box 1504 78-495 Calle Tampico La Quinta, California 92247-1504 (760) 777-7150 DISCLOSURE CONSULTANT & DISSEMINATION AGENT Willdan Financial Services Temecula, CA 92590 (951) 587-3500 Report available for viewing @0 www.wilidan.com UNDERWRITER Miller & Schroeder Financial, Inc. BOND COUNSEL Rutan & Tucker LLP Costa Mesa, California PAYING AGENT Brad Scarbrough U.S. Bank Trust, N.A. 633 West 5th Street, 24tt' Floor Los Angeles, California 90071 (213)615-6047 In its role as Disclosure Consultant and Dissemination Agent, Willdan Financial Services has not passed upon the accuracy, completeness or fairness of the statements contained herein. 114 1. INTRODUCTION Pursuant to an Official Statement dated June 21, 2000, the City of La Quinta, ("City") issued $2,285,000 Assessment District No. 2000-1 (Phase VI Improvements) ("District'), Limited Obligation Improvement Bonds ("Bonds"). The Bonds were issued to finance the construction and acquisition of sewer improvements within the areas commonly known as Village Cove, Westward Ho Drive and Bottlebrush/Sagebrush/Saguaro Streets, which are located within the Assessment District. The City, which comprises approximately 35.05 square miles, is located in the Coachella Valley, twenty miles from Palm Springs and 127 miles from Los Angeles. The District includes three non-contiguous areas in the City. The three areas are the Village Cove section, Westward Ho Drive, and Bottlebrush/Sagebrush/Saguaro Streets. The Village Cove Section is generally located in the area bounded by Calle Tampico on the north, Calle Sinaloa on the south, Washington Street on the east, and Eisenhower Drive on the west. The Westward Ho Drive Area is bounded by Dune Palms Road on the west, Jefferson Street on the east, Westward Ho Drive on the north, and the Coachella Valley Water District (CVWD) Stormwater Channel on the south. The Bonds are limited obligation improvement bonds secured by unpaid assessments on the properties in the District. The Bonds are not a debt of the City, the State of California, or any of its political subdivisions and neither the City, the State of California, nor any of its political subdivisions is liable. The Bonds do not constitute indebtedness within the meaning of any constitutional or statutory debt limit or restriction. This Annual Continuing Disclosure Information Statement is being provided pursuant to a covenant made by the Agency for the benefit of the holders of the Bonds and includes the information specified in a Continuing Disclosure Certificate. For further information and a more complete description of the City and the Bonds, reference is made to the Official Statement. The information set forth herein has been furnished by the City and by sources, which are believed to be accurate and reliable but is not guaranteed as to accuracy or completeness. Statements contained in this Annual Continuing Disclosure Information Statement which involve estimates, forecasts, or other matters of opinion, whether or not expressly so described herein, are intended solely as such and are not to be construed as representations of fact. Further, the information and expressions of opinion contained herein are subject to change without notice and the delivery of this Annual Continuing Disclosure Information Statement will not, under any circumstances, create any implication that there has been no change in the affairs of the City or any other parties described herein. Fiscal Year 200712008 City of La Quinta, Assessment District 2000-1 1 175 ll. BOND INFORMATION A. PRINCIPAL OUTSTANDING Bond Issue As of September 30, 2008 Assessment District No. 2000-1 (Phase VI Improvements) $940,000 Limited Obligation Improvement Bonds (1) $70,000 Bond Call performed on 91212008. B. FUND BALANCES Fund Name As of September 30, 2008 Redemption Fund $69,087 Reserve Fund $198,678 Reserve Requirement l't $175,030 (1) The Reserve Requirement was calculated based on the lesser of a) maximum annual debt service on the outstanding bonds b) 125% of the average annual debt service on the bonds, or c) 10% of the original issue amount of the bonds as set forth in the Official Statement. Source: City of La Quints, as compiled by Wlldan Financial Services. C. ADDITIONAL DEBT There is no additional debt authorized by the City and payable from or secured by assessments or special taxes with respect to property within the District. Fiscal Year 2007/2008 City of La Quinta, Assessment District 2000-1 176 111. OPERATING INFORMATION A. PARCEL INFORMATION BY ZONING 2008109 Assessed Value % Of Number Remaining Remaining of Assessment Value to Assessment Parcels Land Structure Total Lien Lien Lien Developed Commercial 28 $4,605,961 $19,079,631 $23,685,592 $81,590 290.30 7.80% Undeveloped Commercial 31 3,475,458 0.00 3,475,458 77,871 44.63 7.44% Subtotal Commercial 59 $8,081,419 $19,079,631 $27,161,060 $159,461 170.33 15.24% Developed Residential 353 $23,041,837 $63,712,524 $86,754,361 $756,770 114.64 72.31% Undeveloped Residential(l) 61 5,327,530 20,918 5,348,448 130,299 41.05 12.45% Subtotal Residential 414 $28,369,367 $63,733,442 $92,102,809 $887,069 103.83 84.76% Grand Total 473 $36,450,786 $82,813,073 $119,263,859 $1,046,630 113.96 100.00% (1) Structure Value includes only miscellaneous structures. Development Status is based on County Land Use Codes and Structure Value. Source: Riverside County 2008l09 Secured Property Roll, as compiled by Wlldan Financial Services B. PARCEL INFORMATION BY DEVELOPMENT STATUS 2008/09 Assessed Value % Of Number Remaining Remaining of Assessment Value to Assessment Parcels Land Structure Total Lien Lien Lien Developed Commercial 28 $4,605,961 $19.079,631 $23,685,592 $81,590 290.30 7.80% Developed Residential 353 23,041,837 63,712,524 86,754,361 756,770 114.64 72.31 % Subtotal Developed 381 $27,647,798 $82,792,155 $110,439,963 $838,360 131.73 80.11% Undeveloped Commercial 31 $3,475,458 $0 $3,475,458 $77,871 44.63 7.44% Undeveloped Residential Itti 61 5,327,530 20,918 5,348,448 130,299 41.05 12,45% Subtotal Undeveloped 92 $8,802,988 $20,918 $8,823,906 $208,170 42.39 19.89% (1) Structure Value includes only miscellaneous structures. Development Status is based on County Land Use Codes and Structure Value. Source: Riverside County 2008109 Secured Property Roll, as compiled by Willdan Financial Services. Fiscal Year 200712008 City of La Quinta, Assessment District 2000-1 177 C. DELINQUENCY SUMMARY There are currently no delinquent property owners responsible for 5% or more of the total assessment levied. Fiscal Number Number of Annual Assessment Percent Year Of Parcels Assessment Delinquent t'I Delinquent Parcels Delinquent 2000/01 468 1 $243,338 $512 0,21% 2001/02 464 1 $245,572 $561 0.23% 2002/03 463 1 $242,218 $515 0.21% 2003/04 464 1 $244,913 $551 0.23% 2004/05 452 4 $237,035 $1,639 0.69% 2005/06 451 4 $235,550 $2,065 0.88% 2006/07 471 10 $205,139 $4,092 2.00% 2007/08 469 29 $202,766 $11,028 5.44% (1) Amount delinquent as of September 7, 2008 Source: Riverside County, as compiled by W lldan Financial Services D. VALUE TO DEBT The following table sets forth by Value to Debt, the Remaining Bonded Debt and Assessed Value for parcels within the District. % Of Number 2008109 2008/09 2008109 Remaining Value to Lien of Assessed Assessed Total Assessed Remaining Assessment Category Parcels Land Value Structure Value Value Assessment Lien Lien Greater than 500 28 5,543,290 23,937,648 29,480,938 27,746 28 2.65% 200to 499.99 24 4,642,582 10,282,499 14,925,081 50,597.54 4.84% 100to 199.99 139 14,863,655 26,089,751 40,953,406 302,772.00 28.93% 50 to 99.99 151 7,899,045 18,303,871 26,202,916 348,424 95 33.29% 20to 49.99 76 2,556,166 4,082,701 6,638,867 183,159.09 17.50% 5 to 19.99 34 852,831 115,167 967,998 81,070.71 7.75% Less than 5 21 93,217 1,436 94,653 52,758.99 5.04% Grand Total 473 $36,460,786 $82,813,073 $119,263,859 $1,046,629.55 100.00% Source: Riverside County 2008/09 Secured Property Roll, as compiled by Willdan Financial Services. Fiscal Year 200712008 City of La Quinta, Assessment District 2000-1 4 173 GE`N OF TNL9 COUNCIL/RDA MEETING DATE: December 16, 2008 ITEM TITLE: Approval to Include the Street Improvements for the Northeast Corner of Washington Street and Avenue 50 Within the Fiscal Year 2008/2009 Capital Improvement Program (CIP), and Appropriate Funding RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 07-� STUDY SESSION: PUBLIC HEARING: Approve the inclusion of the Washington Street Improvements within the City's Fiscal Year 2008/2009 Capital Improvement Program (CIP); and appropriate $610,888 from the Local Proposition 1 B Streets and Roads Program. FISCAL IMPLICATIONS: The following is the project's recommended funding and funding sources: Proposition 1 B Streets and Roads Program Total Funding Available: The following is the anticipated project budget: Design: Inspection/Testing/Survey: Construction: Contingency: Total: $45,370 $44,235 $453,700 $67,583 m- 119 Proposition 1 B is the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006. Proposition 1B contains $19.925 billion in fourteen different accounts. There is $17.25 billion for transportation, $1.2 billion for air quality, and $1.475 billion for security and disaster preparedness. Of the $17.25 billion set aside for transportation, $2 billion is specifically assigned to Local Streets and Roads. Of the $2 billion set aside for local streets and roads, fifty percent is set aside for the use by cities and apportioned to the cities based on total population of the city in relation to all cities in the state with a minimum allocation of $400,000 to each city. The City of La Quinta has been allocated $1,271,825, by formula, for use on its local transportation infrastructure. The City received its first allocation in the amount of $660,937 during Fiscal Year 2007/2008 and applied the funding to the Avenue 58 Pavement Rehabilitation Improvements. The second allocation in the amount of $610,888 is now available for use during Fiscal Year 2008/2009. Staff is recommending this year's allocation be used on Washington Street from Avenue 50 to approximately 600 linear feet north. CHARTER CITY IMPLICATIONS: The project will be at least partially funded with Proposition 1 B Local Streets and Roads Funds. As such, the project will be bid as a prevailing wage improvement. BACKGROUND AND OVERVIEW: The proposed improvements will be constructed on Washington Street from Avenue 50 north approximately 600 linear feet. The project includes the addition of a third northbound travel lane, curb and gutter, 6' striped bike path, 6' behind the curb sidewalk, and relocation of 4 power poles. A detailed project description, location exhibit, and cost estimate are provided for the City Council's consideration as Attachment 1. The project will require the acquisition of right of way. Council Resolution 2008- 063 contains conditions for the property owner to dedicate right of way and widen Washington Street. However, delays in developing the property have stalled the implementation of the conditioned improvements. .m I.- The Proposition 1 B Local Streets and Roads funds are required to be used for improvements to transportation facilities that will assist in reducing local traffic congestion and further deterioration, improving traffic flows, or increasing traffic safety. The proposed improvements to Washington Street meet these requirements. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the inclusion of the Washington Street Improvements within the City's Fiscal Year 2008/2009 Capital Improvement Program (CIP); and appropriate $610,888 from the Local Proposition 1 B Streets and Roads Program; or 2. Do not approve the inclusion of the Washington Street Improvements within the City's Fiscal Year 2008/2009 Capital Improvement Program(CIP); and appropriate $610,888 from the Local Proposition 1 B Streets and Roads Program; or 3. Provide staff with alternative direction. Respectfully submitted, mothy R. ona n, P.E. Public Wor Dir for/City Engineer Approved for submission by: nib/• ��6L�i'��e%f/Y�C�2 Thomas P. Genovese, City Manager Attachment : 1. Washington Street Detail Sheet JbI WASHINGTON STREET IMPROVEMENTS (East side of Washington from Avenue 50 to 600 feet north) ITEM DESCRIPTION UNIT QUANTITY 1 MOBILIZATION LS 1 2 TRAFFIC CONTROL LS 1 3 OUST CONTROL LS 1 4 UNCLASSIFIED EXCAVATION CY BOO 5 5 1/2' AC OVER 6 1/2' AS SF 12,000 6 ADJUST VALVES/MANHOLES FA 3 7 SIGNING & STRIPING LS 1 8 SIDEWALK SF 3,600 9 RIGHT OF WAY ACQUISITION SF 9,000 10 RELOCATE POWER POLES EA 4 SUBTOTAL The project includes constructing the east side of Washington Street north of Avenue 50 to match City of La Quinta Major Arterial cross - sections to the north and south. The project will be constructed from Avenue 50 approximately 600 feet north to existing curb and gutter. The improvements will include a third travel -lane, curb and gutter, a 6-foot bike path, sidewalk and relocation of four power poles. The project does not include landscape or irrigation. Project will require acquisition of right-of-way. Council Resolution No. 2008-063 contains conditions for the property owner to dedicate right-of-way and widen Washington Street. However, delays in development of the property have delayed implementation of the conditions of approval UNIT COST ELEGIBLE COST 830,000.00 $30,000.00 $10,000.00 $10,000.00 $6,000.00 $6,000.00 $15.00 $12,000.00 $15.00 $180,000.00 $300.00 $900.00 $5,000.00 $5,000.00 5.50 $19,800.00 $10.00 $90,00000 $25,000.00 $100,000.00 $453,700.00 Design I10%1 $45,370.00 Inspection/Testing/Survey 19.75%1 $44,235.00 City Adminisuation 15%I $22,685.00 Contingency $44,898.00 TOTAL ESTIMATE $610,888.00 Attachment 1 1a2 M T-itr41'w4m& AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: December 16, 2008 BUSINESS SESSION: ITEM TITLE: Acceptance of Avenue 54 Median Landscape Improvements (Jefferson Street to Madison Street) CONSENT CALENDAR: Project No. 2006-09, and Approval of Contract Change STUDY SESSION: Order No. 2 PUBLIC HEARING: RECOMMENDATION: Accept Avenue 54 Median Landscape Improvements (Jefferson Street to Madison Street), Project No. 2006-09, as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $65,736, thirty-five (35) days after the Notice of Completion is recorded; and Approve Contract Change Order No. 2 (Attachment 1). FISCAL IMPLICATIONS: The following is a budget summary: Project Budget Total $ 701,141 Amount Spent Through 10/31 /08 $ 346,096 Project Budget Amount Available $ 355,045 Remaining Fiscal Commitment to Contractor $ 336,475 Project Budget Amount Remaining After Construction Efforts S 18,570 Original Construction Contract Amount $ 581,160 Contract Change Order No. 1 $ 80,057 Contract Quantity Adjustment Change Order No. 2 $ 3,341 New Contract Total $ 664,558 Amount Paid to Contractor to Date $ 588,615 Total Remaining Fiscal Commitment to Contractor $ 75,943 Total Retention to be Released (Less Maintenance Period) $ 65,736 12 Month Maintenance Period- to be billed (No Retention) $ 7,200 Contract Amount Remaining to be Billed By Contractor $ 3,007 �, 183 Adequate funding is available to pay the contractor's remaining billing ($3,007) and retention ($65,736) for project closeout. CHARTER CITY IMPLICATIONS: The project is 100% funded with Redevelopment Agency Project Area Number 1 funds. As such, the project includes prevailing wage requirements. BACKGROUND AND OVERVIEW: The project is located on Avenue 54 from Jefferson Street to Madison Street. The landscape improvements included installation of artificial turf, drought tolerant landscape, drip irrigation, and median island lighting. The landscape palette is based on the City Council approved "desert-scape" theme for primary image corridors. On December 18, 2007, the City Council approved the PS&E and authorized staff to advertise the Avenue 54 Median Island Landscape Improvements, Project Number 2006-09, for bid. On January 30, 2008, four sealed bids were received for the construction of this project, a bid protest was submitted and staff recommended rejecting all bids and re - advertising the project. On February 19, 2007, the City Council rejected the bids received on January 30, 2008 and authorized staff to re -advertise for bid the Avenue 54 Median Island Landscape Improvements, Project Number 2006-09. On April 2, 2008, the second round of sealed bids was received for the construction of this project. Sierra Landscape, Co. submitted the lowest responsive bid in the amount of $581,159.60. The engineer's estimate for this project was $880,756.50. On May 6, 2008, City Council awarded a contract for $581,159.60 to Sierra Landscape Company, Inc. to construct the Avenue 54 Median Landscape Improvements Project No. 2006-09. On July 11, 2008, a Notice to Proceed was issued with a sixty (60) working day contract completion time starting July 14, 2008, and ending on October 6, 2008. Contract Change Order No.1 extended the project for a total of 21 working days until November 5, 2008. The project was deemed substantially complete on November 4, 2008. The project's construction effort is now deemed to be 100% complete and is in compliance with the plans and specifications. In order to determine the final contract amount the attached change order was prepared to adjust the estimated quantities to those actually used on the project. of. , 184 Prior to filing the Notice of Completion, staff must receive authorization from the City Council to approve this project as 100% complete and authorize the City Clerk to file a Notice of Completion. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept Avenue 54 Median Landscape Improvements (Jefferson Street to Madison Street), Project No. 2006-09, as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $65,736, thirty-five (35) days after the Notice of Completion is recorded; and Approve Contract Change Order No. 2;or 2. Do not accept Avenue 54 Median Landscape Improvements (Jefferson Street to Madison Street), Project No. 2006-09, as 100% complete; do not authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and do not authorize staff to release retention in the amount of $65,736, 35 days after the Notice of Completion is recorded; and Do not Approve Contract Change Order No. 2; or 3. Provide staff with alternative direction. Respectfully submitted, 4+ n Ti othy R. J nas ublic Works Dir or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Contract Change Order No. 2 CONTRACT: Avenue 54 Median Landscape Improvements CONTRACTOR: Sierra Landscape Company, Inc. 73-771 Dinah Shore Drive, Suite 200 Palm Desert, Ca. 92211 ATTACHMENT 1 Sheet 1 of 2 PROJECT NO.2006-09 CONTRACT CHANGE ORDER NO.2 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE This Contract Change Order allows an adjustment of quantities between the Bid Quantities and the Actual Quantities Installed. Amount 3$ ,341.30 Previous Contract Amount $ 661,216.60 Add This Change Order No. 2 $ 3,341.30 Revised Contract Total $ 664,557.90 By reason of this contract change order the time of completion is adjusted as follows: -0- Working days added to contract time. The revised contract completion date shall be: 11/05/08 tttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttt Submitted Approved tttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttt We, the undersigned Contractor, havegiven careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted By: Title: Contractor: Date: 186 CITY OF LA QUINTA Avenue 54 Median Landscape Improvements Project No. 2006-09 Final Quantity Adjustment Comparison Description I Unit Bid Qi Unit Price I Quantity I New Total j Unit Price IExtended Price) Cost Difference MOBILIZATION LS 1 $16,00000 1 $16,00000 $16,00000 $16,000.00 $000 TRAFFIC CONTROL LS 1 $7,50000 1 $7,50000 $7.50000 $7,50000 $000 DUST CONTROL LS 1 $5,000.00 1 $5.00000 $5,00000 $5,00000 $000 CLEARING AND GRUBBING LS 1 $21,00000 1 $21,00000 $21,00000 $21,00000 $000 INSTALL DECORATIVE "CRESTA" BOULDERS, XxXxTPER PLANS, DETAILS EA 27 $7500 27 $2,02500 $7500 $2,02500 $000 AND SPECIFICATIONS --ADDENDUM 1 FURNISH AND INSTALL "DESERT GOLD" FINES 2" THICK PER PLANS AND SF 26,250 $040 26,262 $10,504.80 $0.40 $10,50000 $480 SPECIFICATIONS FURNISH AND INSTALL IRRIGATION LS 1 58,00000 1 $58,000.00 $58,00000 $58,00000 $000 SYSTEM COMPLETE AND IN PLACE FURNISH AND INSTALL THE ELECTRICAL LIGHTING SYSTEM PER PLANS, LS 1 $265,00000 1 $265.00000 $265,00000 $265,00000 $0.00 SPECIFICATIONS AND DETAILS FURNISH AND INSTALL 24"BOX ACACIA EA 42 $19000 42 $7,98000 $19000 $7,980 GO $000 SALIGNA FURNISH AND INSTALL 5 GALLON AGAVE EA 45 $1700 45 $76500 $1700 $76500 $0.00 PARRYII FURNSIH AND INSTALL 1 GALLON ALOE EA 51 $5.00 51 $255 00 $5.00 $255 00 $0 00 VERA FURNISH AND INSTALL 1 GALLON EA 123 $4 70 123 $578 10 $4 70 $578 10 $000 BOUGAINVILLEA'OOH LA LA' FURNISH AND INSTALL I GALLON EA 35 $500 35 $17500 $500 $17500 $000 CHRYSACTINIA MEXICANA FURNISH AND INSTALL S GALLON CORDIA EA 20 $1500 20 $30000 $1500 $300.00 $000 PARVIFOLIA-ADDENDUM 1 FURNISH AND INSTALL S GALLON DALEA EA 77 $1600 77 $1,23200 $1600 $1,23200 $000 CAPITATA'SIERRA GOLD' FURNISH AND INSTALL i GALLON DALEA EA 54 $600 54 $32400 $600 $324.00 $000 GREGGI FURNISH AND INSTALL I GALLON EA 101 $550 101 $55550 $550 $555.50 $000 ERIOGONUM FASCICULATUM FURNSIH AND INSTALL 5 GALLON EA 101 $14 50 101 $1,464 50 $14 50 $1,464.50 $000 EREMOPHILA MACULATA FURNISH AND INSTALL S GALLON EA 118 $1200 118 $1,41600 $1200 $1,416.00 $000 GOSSYPIUM HARKNESSII FURNISH AND INSTALL S GALLON EA 66 $2100 66 $1,38600 $2100 $1,386.00 $000 HESPERALOE PARVIFLORA'YELLOW' FURNISH AND INSTALL I GALLON LANTANA EA 52 5450 52 $23400 $450 $234.00 $000 MONTEVIDENSIS FURNISH AND INSTALL S GALLON EA 22 $1350 22 $297.00 $1350 $297.00 $000 MUHLENBERGIA RIGENS FURNISH AND INSTALL SYN MARATHON PLATINUM SYNTHETIC TURF, PER THE SF 22,525 $610 22,530 $137,43300 $610 $137,402.50 $30 50 PLANS, SPECIFICATIONS, AND DETAILS FURNISH AND INSTALL PERMALOC ALUMINUM EDGING, PER THE PLANS, LF 5,350 $600 5,348 $32,08800 $600 $32,10000 -$1200 SPECIFICATIONS, AND DETAILS PROVIDE 12-MONTH MAINTENANCE PERIOD IN ACCORDANCE WITH CITY REQUIREMENTS GUIDELINES PROVIDED LS 1 $7,200.00 1 $7,20000 $7,20000 $7.20000 $000 BY THE CITY MAINTENANCE DEPARTMENT AND ATTACHED FORMS FURNISH AND INSTALL DECORATIVE STAMPED PAVING PER PLANS AND SF 130 $1400 367 $5,13800 $1400 $1,82000 $3,318.00 SPECIFICATIONS-- ADDENDUM 1 FURNISH AND INSTALL MEDIAN NOSE TRAFFIC SIGNS(R4-7, R34 AND TYPE IN LS 1 $65000 1 $65000 $65000 $65000 $000 SIGN) AS ILLUSTRATED ON PLAN SHEET LP- 4 SHEET 15 OF 22 ADDENDUM 1 AIRPORT BLVD ENHANCEMENTS LS 1 $80,05700 1 $80,05700 $80,05700 $80,05700 $000 TOTAL $664,557.90 $661,216.60 $3,341.30 187 `y OF TKFO AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: December 16, 2008 BUSINESS SESSION: ITEM TITLE: Approval of the Plans, Specifications CONSENT CALENDAR: 01�' and Engineer's Estimate and Authorization to Advertise the Phase III Highway 111 Street STUDY SESSION: Improvements for Bid, Project Number 2006-04 PUBLIC HEARING: RECOMMENDATION: Approve the Plans, Specifications and Engineer's Estimate (PS&E) and authorize staff to advertise the Phase III Highway 111 Street Improvements for bid, Project Number 2006-04. FISCAL IMPLICATIONS: The following is the project's approved funding and funding sources: General Fund RCTC Total Funding Currently Available: $210,000 $2,155,000 $ 2,365,000 Based on the engineer's estimate, in the amount of $1,799,687, the following is the project budget: Professional: $10,620 Design: $180,000 Inspection/Testing/Survey: $175,000 Construction: $1,799,687 Administration: $26,550 Contingency: $173,143 Total: $ 2,365,000 As illustrated, adequate funding is available to construct the proposed improvements. CHARTER CITY IMPLICATIONS: The project is partially funded with Measure A funds from the Riverside County Transportation Commission (RCTC). As such, the project will be bid as a prevailing wage improvement. BACKGROUND AND OVERVIEW: On May 2, 2006, the City Council adopted a Resolution approving the Fiscal Year 2006/2007 through Fiscal Year 2010/2011 Capital Improvement Program (CIP). The Phase III Highway 111 Improvement was included within the adopted CIP and funded during Fiscal Years 2006/2007. On October 3, 2006, the City Council authorized staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the PS&E of probable construction costs for the Phase III Highway 111 Improvements, Project No. 2006-04; and appointed a Consultant Selection Committee. On January 16, 2007, the City Council approved a Memorandum of Understanding (MOU), between the Riverside County Transportation Commission and the City of La Quinta for funding and joint development of State Route 111 Street Improvements, from Point Happy Entrance to West City Limits; and approved a Professional Services Agreement (PSA), in the amount of $53,225, with Katz, Okitsu & Associates (KOA) to prepare the PS&E of probable construction costs for the Highway 111 Corridor Improvements, from the Point Happy Entrance to the West City Limits, Project Number 2006-04. On December 12, 2007, the RCTC approved the City of La Quinta's request for an additional $1,833,745 for the six (6) lane alternative. On July 11, 2007, staff approved Contract Amendment Number 1, in the amount of $6,000, to the PSA with KOA to prepare design alternatives for a six (6) lane facility. On April 1, 2008, the City Council approved Contract Amendment Number 2, in the amount of $66,740, to the PSA with KOA to prepare the PS&E to widen Highway 1 1 1, from four (4) to six (6) lanes, between Washington Street and the Western City Limit, Project No. 2006-04 and authorized the City Manager to execute the Amendment. .� 189 The revised scope of work approved on April 1, 2008 authorized KOA to design Highway 111 to a six (6) lane facility with minimal shoulders. The design budget included an expanded landscape scope of work to develop enhanced gateway landscaping alternatives. The scope of work did not include final landscape design. Final landscape design was to be included once an alternative is selected for the enhanced gateway theme. On April 15, 2008, the City Council approved Amendment Number 1 to the MOU, between RCTC and the City of La Quinta for the funding and joint development of State Highway 111 Improvements, between Washington Street and the western city limit, and authorized the City Manager to execute the Amendment. On October 7, 2008, the City Council conducted a Study Session to consider three enhanced gateway alternatives for the western entry of the City on Highway 111, between the City limits of La Quinta and Indian Wells and Point Happy Drive. Following its discussion of the three gateway alternatives, it was the consensus of the City Council not to design or install either of the enhanced gateway alternatives at this time. However, the six (6) lane roadway would be designed in a manner to allow the construction of an enhance gateway in the future. It was also the consensus of the City Council that the design of the six (6) lane roadway project include minimal landscape and irrigation within the medians, the construction of a decorative barrier wall adjacent to the rockfall area at Point Happy on the north side of the roadway, and budget permitting, the addition of decorative pavers within the roadway. On November 18, 2008, the City Council approved Contract Amendment Number 3, in the amount of $79,860, to the PSA with KOA to prepare the PS&E for the Phase III Highway 111 Street Improvements, Project Number 2006-04. Contract Amendment Number 3 amended the existing design effort to include the design of median island landscape/irrigation, the design of the decorative barrier wall adjacent to point happy, and the design of decorative pavers to be strategically located within the roadway near Point Happy. The PS&E for the Phase III Highway 111 Improvements are approximately 95% complete at this time. The only remaining design issues are associated with the Council directed design changes to the median island landscape/irrigation, decorative pavers and the decorative barrier wall. The design of these items are expected to be complete within the next couple of weeks. Considering the proposed improvements must be complete by June 30, 2009, and the City Council will not meet again until January 20, 2009, staff requests the City Council approve the PS&E at this time, and authorize the project to be advertised for bid as soon as the plans are finalized. 190 In accordance with the City's funding Memorandum of Understanding (MOU) with RCTC, the project must be substantially complete by June 30, 2009. As such, the following represents the adjusted project schedule: City Council Approves PS&E City Council Awards Construction Construction Construction Substantially Complete FINDINGS AND ALTERNATIVES: December 16, 2008 January 20, 2009 February thru May 2009 June 5, 2009 The alternatives available to the City Council include: 1. Approve the Plans, Specifications and Engineer's Estimate and authorize staff to advertise the Phase III Highway 111 Street Improvements for bid, Project Number 2006-04; or 2. Do not approve the Plans, Specifications and Engineer's Estimate and do not authorize staff to advertise the Phase III Highway 111 Street Improvements for bid, Project Number 2006-04; or 3. Provide staff with alternative direction. Respectfully submitted, n imothy onas o , P.E. Public Works Dir or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager 19.1 COUNCIL/RDA MEETING DATE: December 16, 2008 ITEM TITLE: Approval of Professional Services Agreements with VA Consulting, Inc., Bureau Veritas North America, Inc., KFM/WEC Engineering, Inc., and Dean Ryan Consultants & Designers, Inc. for On -Call Engineering Plan Check Services RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: A3 STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to execute Professional Services Agreements (PSA's) with VA Consulting, Inc., Bureau Veritas North America, Inc., KFM/WEC Engineering, Inc., and Dean Ryan Consultants & Designers, Inc. for on -call engineering plan check services. FISCAL IMPLICATIONS: These services will be paid for on a time and material basis for plan checks and these services will be offset by developer plan check fees. Development activity will dictate when or if these services will be needed. The following are the negotiated rates for on -call engineering plan check services: VA Consulting, Inc. $120 per hour; Bureau Veritas North America, Inc. $125 per hour; KFM/WEC Engineering, Inc. $120 per hour; and Dean Ryan Consultants & Designers, Inc. $131 per hour. The City's existing agreements for plan check services range in price from $1 10 to $140 per hour depending on the complexity of the work. Funding for these services is included in the approved Fiscal Year 2008/2009 Public Works operating budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On November 4, 2008, the City Council authorized staff to distribute a Request for Proposals (RFP) for on -call engineering plan check services. The City received thirteen 192 proposals in response to the RFP. The consultant selection committee reviewed all proposals and recommended four (4) firms be selected. Staff recommends approval of Professional Services Agreements for on -call engineering plan check services with VA Consulting, Inc. (Attachment 1), Bureau Veritas North America, Inc. (Attachment 2), KFM/WEC Engineering, Inc. (Attachment 3), and Dean Ryan Consultants & Designers, Inc. (Attachment 4). The agreements specify a two (2) year term beginning January 1, 2009 and ending December 31, 2010. The proposed agreements include language that would permit the City to terminate the agreements with thirty (30) days written notice to the Consultant. FINDINGS AND ALTERNATI The alternatives available to the City Council include: 1. Authorize the City Manager to execute Professional Services Agreements with VA Consulting, Inc., Bureau Veritas North America, Inc., KFM/WEC Engineering, Inc., and Dean Ryan Consultants & Designers, Inc. for on -call engineering plan check services; or 2. Do not authorize the City Manager to execute Professional Services Agreements with VA Consulting, Inc., Bureau Veritas North America, Inc., KFM/WEC Engineering, Inc., and Dean Ryan Consultants & Designers, Inc. for on -call engineering plan check services; or 3. Provide staff with alternative direction. Respectfully submitted, 4mothy R Jon on, P.E. Public Works Di ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager 193 Attachments: 1. VA Consulting, Inc. Professional Services Agreement 2. Bureau Veritas North America, Inc. Professional Services Agreement 3. KFM/WEC Engineering, Inc. Professional Services Agreement 4. Dean Ryan Consultants & Designers, Inc. Professional Services Agreement •A ATTACHMENT 1 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 VA Consulting, Inc. (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 On -Call Engineering Plan Check Services, 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). 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 ,,.. 195 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 "C" (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 "Term/Method/Office Hours/Compensation/invoicing"), except as provided in Section 1.6. The method 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. 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 196 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 "B" (the "Term/Method/Office Hours/Compensation/Invoicing"). Extensions to the time period specified in Exhibit B 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. 3.4 Term. The term of this agreement shall commence on January 1, 2009 and terminate on December 31, 2010 (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. 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: Max P. Vahid, P.E., President and CEO a. The aforementioned 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. 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. 191 VA Consulting, Inc. will assign David Kelley, P.E. to the City to perform on -call engineering plan check services. VA Consulting, Inc. shall get the City's approval prior to re -assigning or sending any other individual to work for the City other than David Kelley, P.E. 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 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 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 negligent, or alleged negligent, acts or omissions rising out of or related to Consultant's performance under 198 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 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 negligent, or alleged negligent, 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 ,,,q. 199 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 sub consultants), 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 sub consultants (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 sub consultants of Consultant. 200 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 sub consultant 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 sub consultants), 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 sub consultant, 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. 201 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 insured 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. .., 202 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 that 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 203 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 anytime 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. 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. 204 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. 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. 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. ., 1 206 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 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. 207 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: 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: VA Consulting, Inc. Max P. Vahid, P.E. President and CEO 36951 Cook Street, Suite 103 Palm Desert, CA 92211 (760) 837-9200 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. 208 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. 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: VA Cone Inc. By: i Name: Max P. Vahid, P.E. Title: President and CEO Date: December 5, 2008 Exhibit A Scope of Services Plan checking will be provided by an On Call Engineering Plan Check Consultant, as applicable, with the following scopes: PLAN CHECKING Improvement plan checking will include the review of plans submitted for subdivision (residential) improvements, commercial developments, and infrastructure improvements within the City's right of way. The plans shall be reviewed for conformance with local and other applicable (County, State and Federal) ordinances and standards with a sense of attention to details. Plan check services may include, but are not limited to the following: • Grading Plans including mass grading, rough grading and precise grading plans • Street Improvement Plans including street widening, rehabilitation and new street plans • Storm Drainage Plans • Hydrology and Hydraulic Calculations and Reports • Traffic Plans including signing and striping plans, traffic detour and traffic staging plans and signal plans • Engineer's Cost Estimate for the related items of work for bonding purposes • Engineer's Reports including LAQMP Dust Control Plans, Storm Water Pollution Prevention Plans, and Special Traffic Reports The tasks of the plan checker include: • To check for design conformance to: - The approved Tentative Map - Related Specific Plans - General Plan and City Ordinances - Conditions of Approval - City Standards - ADA Standards - The City's Subdivision Plan Check List - Other Agency Requirements such as RCFCD, CVWD and CalTrans • To review plans for sound engineering practices. • To check for accuracy of design in conformance with the City's most current Plan Check List. • To check general mathematics and design criteria. • To call for redesign of any portion of plans that: - Will not function due to poor engineering. - Is not consistent with the Approved Tentative Map or Conditions of Approval. - Will be potentially unsafe to the public. - Impractical to construct. All plans shall be reviewed under the direct supervision of a California Registered Engineer. 210 V% CONSULTING EXHIBIT B Term/Method/Office Hours/Compensatbn/InwIcing November 26, 2008 Mr. Tim Jonasson Public Works Director/City Engineer City of La Quinta, Public Works Department 78495 Calle Tampico La Quinta, CA 92247-1504 Dear Mr. Jonasson: VA Consulting, Inc. (VA) is pleased to submit a detail service terms and cost proposal for On -Call Engineering Plan Check Services in response to the City of La Quinta (City) Request for Proposal. A completed and signed Term/Method/Office Hours/Compensation/Invoicing form is enclosed. We trust that this cost proposal meets the City's requirements and look forward to the opportunity to be of service. If you have any questions, please contact David Kelley at (760) 837-9200 or me at (949) 474- 1400. Sincerely Max P. Vahid, P President and CEO MPV/cmj Enclosure cc: David Kelley; Contracts VA Consulting, Inc. Palm Desert Division 36951 Cook Street, Suite 103 Palm Desert, CA 92211 2 11 Phone 37.92 Fax 760.838 9201 00 XVAar stingtPre mis%P_20=PWhcLLa OulntatOmCaii Engineering Plan Checlm ql st lever dm Term/Method/Office Hours/Compensation/Invoicing TERM Consultant shall provide services for a term of twenty-four (24) months beginning January 1, 2009 and terminating on December 31, 2010. METHOD The Consultant shall serve in a City Staff augmentation role wherein primarywork activities may occur at the City of La Quinta offices. Outside check activities may also occur at the Consultant offices depending on the exact scope of work requirements. The City desires an average of no more than 3 plan check rounds before final plan approval. The Consultant shall maintain all files for a period of three years. Copies of requested files will be furnished to the City upon request. The Consultant shall provide turn around of all assigned plan check reviews within 7 calendar days unless otherwise negotiated with City Staff. Negotiated deadlines may be applicable for large, complex projects. The Consultant shall be available to meet with City Staff at City Hall during normal working hours with 24 hours advance notice. OFFICE HOURS The Consultant shall be available for scheduled meeting and bytelephone between normal working hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. COMPENSATION/INVOICING Plan check payment shall be made in full at an hourly rate for the Consultant rate of: $ 120 per hour - no overtime, travel time, expenses or other administrative charges will be allowable over and above the stated hourly rate schedule. Not to exceed time budgets will be negotiated with the Consultant on a per plan check basis. Consultant receives no additional compensation for travel time, lunch time, delivery or postage fees necessary to attend meetings or transmit or receive plans from City. The City anticipates that the Consultant may be required to be at City offices for no more than 1 day perweek. Actual Consultant time requirement will vary based on City plan check workload. The Consultant shall provide a hand held (type) cellular telephone for each plan checker assigned to City Project(s) to assure rapid availability by telephone. The Consultant shall provide his or her own transportation to and from the City of La Quinta offices or other designated work site. Consultant will not be compensated for travel time to and from the designated work site. The Consultant shall respond to requests for plan check within twenty-four (24) hours. The Consultant shall supply all necessary tools and materials to perform their work. The Consultant shall bill the City monthly for hours of service rendered and shall include a detailed summary of time expended on a daily and per project basis. Billing shall confirm to agreed not to exceed budgets negotiated with the Consultant for both time spent at City offices and offsite plan reviews as required. No exceptions will be allowed to the payment schedule. Exhibit C Special Requirements AT NO ADDITIONAL COST TO THE CITY: 1. The Consultant shall provide a hand held (type) cellular telephone for each plan checker assigned to the City Project(s) to assure rapid availability by telephone. 2. The Consultant shall provide his or her own transportation to and from the designated work site. Consultant will not be compensated for travel time to and from designated work site. 3. The Consultant shall respond to requests for plan check within twenty-four (24) hours. 4. The Consultant shall supply all necessary tools and materials to perform their work. 213 Specialized sub -consultants (e.g. structural or geotechnical consultants) must be preauthorized and invoiced on a cost + 15% basis for this contract. The Consultant shall generally work on Development Services projects which are not subject to prevailing wage requirements. Should prevailing wage requirements be applicable, the Consultant will adhere to the following prevailing wage requirements: Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Article 1110-20.0, WAGE RATES. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code. The City will furnish to the Contractor, upon request, a copy of such prevailing rates. It shall be the duty of the Contractor to post a copy of such prevailing wages at the job site. CONSULTANT•, � gy. Date: November 26 2008 e: Max Vahid Title: President / CEO 714 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 Bureau Veritas North America, Inc. (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 On -Call Engineering Plan Check Services, 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). 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 "C" (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 "Term/Method/Office Hours/Compensation/Invoicing"), except as provided in Section 1.6. The method 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. 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 216 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 "B" (the "Term/Method/Office Hours/Compensation/invoicing"). Extensions to the time period specified in Exhibit B 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. 3.4 Term. The term of this agreement shall commence on January 1, 2009 and terminate on December 31, 2010 (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. 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: Roy F. Stephenson, P.E., Principal in Charge a. The aforementioned 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. 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. Bureau Veritas North America, Inc. will assign David Cooper, P.E. to the City to perform on -call engineering plan check services. Bureau Veritas North America, Inc. shall get the City's approval prior to re -assigning or sending any other individual to work for the City other than David Cooper, P.E. 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 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 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 .. 218 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 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 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 11. 219 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 sub consultants), 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 sub consultants (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 sub consultants of Consultant. 220 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 sub consultant 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 sub consultants), 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 sub consultant, 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. 221 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 insured 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. 222 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 that 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 22$ 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 anytime 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. 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. 224 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. 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. 225 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. 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 226 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 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. ., 221 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: 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: Bureau Veritas North America, Inc. Roy F. Stephenson, P.E. Principal in Charge 1181 California Ave., Suite 202 Corona, CA 92881 (714) 402-4185 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. 228 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. 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 ATTEST: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney Date CONSULTANT: B + au eritas North America, Inc. By: Name: Roy F. Stephenson, P.E. Title: Principal in Charge Date: : J 229 Exhibit A Scope of Services Plan checking will be provided by an On Call Engineering Plan Check Consultant, as applicable, with the following scopes: PLAN CHECKING Improvement plan checking will include the review of plans submitted for subdivision (residential) improvements, commercial developments, and infrastructure improvements within the City's right of way. The plans shall be reviewed for conformance with local and other applicable (County, State and Federal) ordinances and standards with a sense of attention to details. Plan check services may include, but are not limited to the following: • Grading Plans including mass grading, rough grading and precise grading plans • Street Improvement Plans including street widening, rehabilitation and new street plans • Storm Drainage Plans • Hydrology and Hydraulic Calculations and Reports Traffic Plans including signing and striping plans, traffic detour and traffic staging plans and signal plans • Engineer's Cost Estimate for the related items of work for bonding purposes • Engineer's Reports including LAQMP Dust Control Plans, Storm Water Pollution Prevention Plans, and Special Traffic Reports The tasks of the plan checker include: • To check for design conformance to: - The approved Tentative Map - Related Specific Plans - General Plan and City Ordinances - Conditions of Approval - City Standards - ADA Standards - The City's Subdivision Plan Check List - Other Agency Requirements such as RCFCD, CVWD and CalTrans To review plans for sound engineering practices. • To check for accuracy of design in conformance with the City's most current Plan Check List. To check general mathematics and design criteria. • To call for redesign of any portion of plans that: - Will not function due to poor engineering. - Is not consistent with the Approved Tentative Map or Conditions of Approval. - Will be potentially unsafe to the public. - Impractical to construct. All plans shall be reviewed under the direct supervision of a California Registered Engineer. EXHIBIT B Term/Method/Office Hours/CompensatiaNtnaotcMg November 26, 2008 Mr. Tim Jonasson, PE Public Works Director/City Engineer City of La Quinta Public Works Department 78-495 Calls Tampico La Quinta, CA 92247-1504 Subject: Cost Proposal for On -Call Engineering Plan Check Services Dear Tim, Attached please find a copy of our cost proposal using the Term/Method/Office Hours/ Compensation/Invoicing form shown in your Request for Proposal. Sincerely, David Cooper, PE Project Manager Roy F. Stephenson, PE Principal -in -Charge Attachment: Term/Method/Office Hours/Compensation/Invoicing Form Bureau Veritas North America, Inc. 42575 Melawe Place, Swte E Palm Desert, CaGfomia 92211 Main: (760) 346-7237 Fas: (760) 346-7291 ,mv us bureauvencas.com 231 City of La Quinta Cost Proposal for On -Call Engineering Plan Check Services TerrtdMethod/Office HourslCompensationlinvoicing TERM Consultant shall provide services fora term of twenty-four (24) months beginning January 1, 2009 and terminating on December 31, 2010. METHOD The Consultant shall serve in a City Staff augmentation role wherein primary work activities may occur at the City of La Quinta offices. Outside check activities may also occur at the Consultant offices depending on the exact scope of work requirements. The City desires an average of no more than 3 plan check rounds before final plan approval. The Consultant shall maintain all files for a period of three years. Copies of requested files will be furnished to the City upon request. The Consultant shall provide turn around of all assigned plan check reviews within 7 calendar days unless otherwise negotiated with City rojects. The ultant shall be availableotiated toadlines may be meet with City Staff at City Halllarge. during normal working hours with 24 hours advance notice. OFFICE HOURS The Consultant shall be available for scheduled meeting and by telephone between normal working hours of 8:00 a.m. and 5:00 p.m., Monday through Friday COMPEN SATI ONII NVOILIN G Plan check payment shall be made in full at an hourly rate for the Consultant rate of g 125 per hour -no overtime, travel time. expenses or other administrative charges will be allowable over and above the stated hourly rate schedule. Not to exceed time budgets will be negotiated with the Consultant on a per plan check basis. Consultant receives no additional compensation for travel time. lunch time, delivery or postage fees necessary to attend meetings or transmit or receive plans from City. The City anticipates that the Consultant may be required to be at City offices for no more than 1 day per week. Actual Consultant time requirement will vary based on City plan check workload. The Consultant shall provide a hand held (type) cellular telephone for each plan checker assigned to City Project(s) to assure rapid availability by telephone. The Consultant shall provide his or her own transportation to and from the City of La Quinta offices or other designated work site. Consultant will not be compensated for travel time to and from the designated work site. The Consultant shall respond to requests for plan check within hventy-four (24) hours. The Consultant shall supply all necessary tools and materials to perform their work. The Consultant shall bill the City monthly for hours of service rendered and shall include a detailed summary of time expended on a daily and per project basis. Billing shall confirm to agreed not to exceed budgets negotiated with the Consultant for both time spent at City offices and offske plan reviews as required. No exceptions will be allowed to the payment schedule. 232 City of La Quinta Cost Proposal for On -Call Engineering Plan Check Services Specialized sub -consultants (e-g. structural or geotechnicai consultants) must be preauthorized and invoiced on a cost + 15% basis for this contract. The Consultant shall generally work on Development Services projects which are not subject to prevailing wage requirements. Should prevailing wage requirements be applicable, the Consultant will adhere to the following prevailing wage requirements: prevailing Wage - In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Article 1110-20.0, WAGE RATES. The said rates shall include ail employer payments are required by Section 1773.1 of the Labor Code. The City will furnish to the Contractor, upon request, a copy of such prevailing rates. It shall be the duty of the Contractor to post a copy of such prevailing wages at the job site CONSULTANT: 8y Bureau Ver _ North America, Inc. Date November 26, 2008 Name. Roy F. Stephenson, PE Principal -in -Charge ?_33 Exhibit C Special Requirements AT NO ADDITIONAL COST TO THE CITY: 1. The Consultant shall provide a hand held (type) cellular telephone for each plan checker assigned to the City Project(s) to assure rapid availability by telephone. 2. The Consultant shall provide his or her own transportation to and from the designated work site. Consultant will not be compensated for travel time to and from designated work site. 3. The Consultant shall respond to requests for plan check within twenty-four (24) hours. 4. The Consultant shall supply all necessary tools and materials to perform their work. 234 ATTACHMENT 3 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 KFM/WEC Engineering, Inc. (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 On -Call Engineering Plan Check Services, 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). 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 235 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 "C" (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 "Term/Method/Office Hours/Compensation/Invoicing"), except as provided in Section 1.6. The method 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. 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 236 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 "B" (the "Term/Method/Office Hours/Compensation/Invoicing" ). Extensions to the time period specified in Exhibit B 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 January 1, 2009 and terminate on December 31, 2010 (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. 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: Scott Walker, P.E., Principal in Charge a. The aforementioned 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. 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. 237 KFM/WEC Engineering, Inc. will assign Michael Errante, P.E. to the City to perform on -call engineering plan check services. KFM/WEC Engineering, Inc. shall get the City's approval prior to re -assigning or sending any other individual to work for the City other than Michael Errante, P.E. 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 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 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 238 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 Iniurv/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 239 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 professiohal 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 sub consultants), 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 sub consultants (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 sub consultants of Consultant. �, 240 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 sub consultant 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 sub consultants), 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 sub consultant, 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. W. 241 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 wwhich 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 insured 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. ✓. 242 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 that 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 �.. 243 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 anytime 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. 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. „.4. 244 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. 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. �., , 245 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. 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 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, 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: KFM/WEC Engineering, Inc. Scott Walker, P.E. Principal in Charge 41-841 Beacon Hill, Suite A Palm Desert, CA 92211 (760) 836-0558 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. 248 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. 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 ATTEST: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: KFM/W C Engineering, Inc. By: Name: Scott Walker, P.E. Title: Principal in Charge Date: /2 8 /06 Date 249 Exhibit A Scope of Services Plan checking will be provided by an On Call Engineering Plan Check Consultant, as applicable, with the following scopes: PLAN CHECKING Improvement plan checking will include the review of plans submitted for subdivision (residential) improvements, commercial developments, and infrastructure improvements within the City's right of way. The plans shall be reviewed for conformance with local and other applicable (County, State and Federal) ordinances and standards with a sense of attention to details. Plan check services may include, but are not limited to the following: • Grading Plans including mass grading, rough grading and precise grading plans • Street Improvement Plans including street widening, rehabilitation and new street plans • Storm Drainage Plans • Hydrology and Hydraulic Calculations and Reports Traffic Plans including signing and striping plans, traffic detour and traffic staging plans and signal plans • Engineer's Cost Estimate for the related items of work for bonding purposes • Engineer's Reports including LAQMP Dust Control Plans, Storm Water Pollution Prevention Plans, and Special Traffic Reports The tasks of the plan checker include: • To check for design conformance to: - The approved Tentative Map - Related Specific Plans - General Plan and City Ordinances - Conditions of Approval - City Standards - ADA Standards - The City's Subdivision Plan Check List - Other Agency Requirements such as RCFCD, CVWD and CalTrans • To review plans for sound engineering practices. • To check for accuracy of design in conformance with the City's most current Plan Check List. • To check general mathematics and design criteria. • To call for redesign of any portion of plans that: - Will not function due to poor engineering. - Is not consistent with the Approved Tentative Map or Conditions of Approval. - Will be potentially unsafe to the public. - Impractical to construct. All plans shall be reviewed under the direct supervision of a California Registered Engineer. .„,. 1 250 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 "C" (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 "Term/Method/Office Hours/Compensation/Invoicing"), except as provided in Section 1.6. The method 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. 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 . 251 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 "B" (the "Term/Method/Office Hours/Compensation/Invoicing"). Extensions to the time period specified in Exhibit B 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 January 1, 2009 and terminate on December 31, 2010 (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. 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: Scott Walker, P.E., Principal in Charge a. The aforementioned 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. 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. 252 KFM/WEC Engineering, Inc. will assign Michael Errante, P.E. to the City to perform on -call engineering plan check services. KFM/WEC Engineering, Inc. shall get the City's approval prior to re -assigning or sending any other individual to work for the City other than Michael Errante, P.E. 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 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 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 �. 253 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 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 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 -1-. 254 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 sub consultants), 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 sub consultants (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 sub consultants of Consultant. 255 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 sub consultant 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 sub consultants), 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 sub consultant, 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. 256 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 insured 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. 251 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 that 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 M .. 258 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 anytime 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. 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. 259 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. 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. 260 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. 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 261 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 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. 262 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: 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: KFMIWEC Engineering, Inc. Scott Walker, P.E. Principal in Charge 41-841 Beacon Hill, Suite A Palm Desert, CA 92211 (760) 836-0558 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. 263 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. 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: KFMfW C Engineering, Inc. By: Name: Scott Walker, P.E. Title: Principal in Charge Date: /2 8 /09 264 Exhibit A Scope of Services Plan checking will be provided by an On Call Engineering Plan Check Consultant, as applicable, with the following scopes: PLAN CHECKING Improvement plan checking will include the review of plans submitted for subdivision (residential) improvements, commercial developments, and infrastructure improvements within the City's right of way. The plans shall be reviewed for conformance with local and other applicable (County, State and Federal) ordinances and standards with a sense of attention to details. Plan check services may include, but are not limited to the following: • Grading Plans including mass grading, rough grading and precise grading plans • Street Improvement Plans including street widening, rehabilitation and new street plans Storm Drainage Plans • Hydrology and Hydraulic Calculations and Reports • Traffic Plans including signing and striping plans, traffic detour and traffic staging plans and signal plans Engineer's Cost Estimate for the related items of work for bonding purposes • Engineer's Reports including LAQMP Dust Control Plans, Storm Water Pollution Prevention Plans, and Special Traffic Reports The tasks of the plan checker include: • To check for design conformance to: - The approved Tentative Map - Related Specific Plans - General Plan and City Ordinances - Conditions of Approval - City Standards - ADA Standards - The City's Subdivision Plan Check List - Other Agency Requirements such as RCFCD, CVWD and CalTrans • To review plans for sound engineering practices. • To check for accuracy of design in conformance with the City's most current Plan Check List. To check general mathematics and design criteria. • To call for redesign of any portion of plans that: - Will not function due to poor engineering. - Is not consistent with the Approved Tentative Map or Conditions of Approval. - Will be potentially unsafe to the public. - Impractical to construct. All plans shall be reviewed under the direct supervision of a California Registered Engineer. 1.., 265 EXHIBIT B Term/Method/Office Hours/Compensation/Imrofcine KFM/WECENGINEERING, INC. Cost Proposal Tenn/Method/Office Hours/Compensation/Invoicing TERM Consultant shall provide services for a term of twenty-four (24) months beginning January 112009 and germinating on December 31, 2010. METHOD The Consultant shall serve in a City Staff augmentation role wherein primary work activities may occur at the City of La Quinta offices. Outside check activities may also occur at the Consultant offices depending on the exact scope of work requirements. The City desires an average of no more than 3 plan check rounds before final plan approval. The Consultant shall maintain all files for a period of three years. Copies of requested files will be furnished to the City upon request. The Consultant shall provide tum around of all assigned plan check reviews within 7 calendar days unless otherwise negotiated with City Staff. Negotiated deadlines may be applicable for large, complex projects. The Consultant shall be available to meet with City Staff at City Hall during normal working hours with 24 hours advance notice. OFFICE HOURS The Consultant shall be available for scheduled meeting and by telephone between normal working hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. COMPENSATION/INVOICING Plan check payment shall be made in full at an hourly rate for the Consultant rate of: $120 per hour - no overtime, travel time, expenses or other administrative charges will be allowable over and above the stated hourly rate schedule. Not to exceed time budgets will be negotiated with the Consultant on a per plan check basis. Consultant receives no additional compensation for travel time, lunch time, delivery or postage fees necessary to attend meetings or transmit or receive plans from City. The City anticipates that the Consultant may be required to be at City offices for no more than I day per week. Actual Consultant time requirement will vary based on City plan check workload. The Consultant shall provide a hand held (type) cellular telephone for each plan checker assigned to City Project(s) to assure rapid availabil'dy by telephone. The Consultant shall provide his or her own transportation to and from the City of La Quinta offices or other designated work site. Consultant will not be compensated for travel time to and from the designated work site. The Consultant shall respond to requests for plan check within twenty-four (24) hours. The Consultant shall supply all necessary tools and materials to perform their work. •,.1. 266 The Consultant shall bill the City monthly for hours of service rendered and shall include a detailed summary of time expended on a daily and per project basis. Billing shall confirm to agreed not to exceed budgets negotiated with the Consultant for both time spent at City offices and offsite plan reviews as required. No exceptions will be allowed to the payment schedule. Specialized sub -consultants (e.g. structural or geotechnical consultants) must be preauthorized and invoiced on a cost + 15% basis for this contract. The Consultant shall generally work on Development Services projects which are not subject to prevailing wage requirements. Should prevailing wage requirements be applicable, the Consultant will adhere to the following prevailing wage requirements: Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Article 1110-20.0, WAGE RATES. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code. The City will furnish to the Contractor, upon request, a copy of such prevailing rates. It shall be the duty of the Contractor to post a copy of such prevailing wages at the job site. CONSULTANT: Date: 11 Iz(,109 261 -2- Exhibit C Special Requirements AT NO ADDITIONAL COST TO THE CITY: 1. The Consultant shall provide a hand held (type) cellular telephone for each plan checker assigned to the City Project(s) to assure rapid availability by telephone. 2. The Consultant shall provide his or her own transportation to and from the designated work site. Consultant will not be compensated for travel time to and from designated work site. 3. The Consultant shall respond to requests for plan check within twenty-four (24) hours. 4. The Consultant shall supply all necessary tools and materials to perform their work. It 268 ATTACHMENT 4 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 Dean Ryan Consultants & Designers, Inc. (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 On -Call Engineering Plan Check Services, 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). 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 269 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 C (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 "Term/Method/Office Hours/Compensation/Invoicing"), except as provided in Section 1.6. The method 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. 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 210 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 "B" (the "Term/Method/Office Hours/Compensation/Invoicing"). Extensions to the time period specified in Exhibit B 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 January 1, 2009 and terminate on December 31, 2010 (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. 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: Wanda Martinez, CEO William Strecker, P.E. Program Manager a. The aforementioned 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. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial 2l1 inducement for City to enter into this Agreement. Dean Ryan Consultants & Designers, Inc. will assign Glen Drogin, P.E. to the City to perform on -call engineering plan check services. Dean Ryan Consultants & Designers, Inc. shall get the City's approval prior to re -assigning or sending any other individual to work for the City other than Glen Drogin, P.E. 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 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 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 212 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 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 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. 2�3 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 VIL 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 sub consultants), 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 sub consultants (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 sub consultants of Consultant. 214 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 sub consultant 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 sub consultants), 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 sub consultant, 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. 275 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 insured 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. 216 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 that 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 211 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 anytime 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. 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. 218 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. 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. ,.,. 279 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. 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 .,.w.. 280 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 defau►t, 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 al► 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. 281 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: 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: Dean Ryan Consultants & Designers, Inc. Wanda Martinez CEO 725 Figueroa Street, Suite 3320 Los Angeles, CA 90017 (213) 280-3553 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. 282 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. 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: can Ryan Consultants & Designers, Inc. By: Name: Wanda Martinez Title: CEO Date: 9 "l•� `MyY 2a3 Exhibit A Scope of Services Plan checking will be provided by an On Call Engineering Plan Check Consultant, as applicable, with the following scopes: PLAN CHECKING Improvement plan checking will include the review of plans submitted for subdivision (residential) improvements, commercial developments, and infrastructure improvements within the City's right of way. The plans shall be reviewed for conformance with local and other applicable (County, State and Federal) ordinances and standards with a sense of attention to details. Plan check services may include, but are not limited to the following: • Grading Plans including mass grading, rough grading and precise grading plans • Street Improvement Plans including street widening, rehabilitation and new street plans • Storm Drainage Plans • Hydrology and Hydraulic Calculations and Reports • Traffic Plans including signing and striping plans, traffic detour and traffic staging plans and signal plans • Engineer's Cost Estimate for the related items of work for bonding purposes • Engineer's Reports including LAQMP Dust Control Plans, Storm Water Pollution Prevention Plans, and Special Traffic Reports The tasks of the plan checker include: • To check for design conformance to: - The approved Tentative Map - Related Specific Plans - General Plan and City Ordinances - Conditions of Approval - City Standards - ADA Standards - The City's Subdivision Plan Check List - Other Agency Requirements such as RCFCD, CVWD and CalTrans • To review plans for sound engineering practices. • To check for accuracy of design in conformance with the City's most current Plan Check List. • To check general mathematics and design criteria. • To call for redesign of any portion of plans that: - Will not function due to poor engineering. - Is not consistent with the Approved Tentative Map or Conditions of Approval. - Will be potentially unsafe to the public. - Impractical to construct. All plans shall be reviewed under the direct supervision of a California Registered Engineer. 2gA EXHIBIT B Term/Method/Office Hours/CompensatImAmroicing 11464 DEAN RYAN c0"3u1r.Nrs December 5, 2008 Mr. Timothy R. Jonasson, P.E. Public Works Director/City Engineer City of La Quinta 78495 Calls Tampico La Quints, California 92253 Re: Fee Proposal to Provide On -Call Engineering Plan Check Services (Revised) Dear Mr.Jonasson: We have reviewed our work plan, the City's fee schedule, and the critical success factors Inherent in our approach to develop our proposed fee for services. Our focused Team of experienced professionals will result in a cost-effective on -time response to your plan check needs. The City of La Quinta will receive the following benefits: ✓ Glen Drogin, P.E., is assigned as the firm's Plan Check Civil Engineer to the City of La Quints. ✓ A Program Manager with hands-on experience in managing on -call and Plan Check services. ✓ Our representative will maintain a 7-day turnaround for Plan Check activities. ✓ Excellent track record in completing projects on schedule and within budget for client cities. ✓ On -Site Pre -Scheduled Monthly Status Meetings. Enaineerino Plan Check Services Term Dean Ryan shall provide services for a term of twenty-four (24) months beginning January 1, 2009 and terminating on December 31, 2010. Method Dean Ryan's representative shall serve in a City Staff augmentation role for plan check activities and meetings at the City of La Quints offices when requested by City staff. Plan check activities may also occur at our offices depending on the exact scope of work requirements. Dean Ryan will strive for an average of no more than 3 plan check rounds before final plan approval. We will maintain all files for a period of three years. Copies of requested files will be furnished to the City upon request. Our staff will provide turnaround of all assigned plan check reviews within 7 calendar days unless otherwise negotiated with City Staff. Negotiated longer deadlines may be applicable for large and/or complex projects. Our staff will be available to meet with City Staff at City Hall during normal working hours with 24 hours' advance notice. Office Hours Dean Ryan will be available for scheduled meetings and by telephone between normal working hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. Compensation/Invoicing We have calculated a "blended" hourly rate for our plan check staff that will be invoiced for the hours expended. This plan check payment shall be made in full at an hourly rate of $131.00 per hour — no overtime, travel time, expenses or other administrative charges will be invoiced over and above the stated hourly rate schedule. We will negotiate project budgets with the City on a per plan check basis. 725 South Figueroa Street, Suite 3320, Los Angeles, CaRomia 90017 (213) 687-1130 Fax (213) 687-1139 www.dearryaGoom Q G 2 No additional compensation for travel time, lunch time, delivery or postage fees necessary to attend meetings or transmit or receive plans from City will be invoiced. We anticipate that our representative may be required to spend office time at City Hall offices. A handheld (type) cellular telephone is assigned to each plan checker for this activity to assure rapid availability by telephone. We will respond to requests for plan check within twenty-four (24) hours. All necessary tools and materials to perform the work will be supplied to the plan checker. Staff Person Cell Phonefs) Office Phone Glen Drogin,PE (760)668.1063 (760)327.0397 Bill Stracker, PE, TE (714) 338.9592 & (213) 507.9943 (213) 239.0939 Nancy Doan (626)429-7382 (213)687.1130 Tyler Pham (714) 300.8816 (213) 687.1130 Bob Wright, PE, GE (714) 836.0834 (213) 687.1130 Wanda Martinez, CEO (213)280.3553 (213)687.0372 Dean Ryan will bill the City monthly for hours of service rendered and shall include a detailed summary of time expended on a daily and per project basis. Billing shall conform to mutually agreed not -to -exceed budgets negotiated with the Consultant for both time spent at City offices and offsite plan reviews as required. Specialized sub -consultants (e.g. structural or other consultants) will be preauthortzed and invoiced on a cost + 15% basis for this contract. Dean Ryan shall generally work on Development Services projects which are not subject to prevailing wage requirements. Should prevailing wage requirements be applicable, we will adhere to them. Additional services for special studies, writing of conditions of approval, construction inspection, and suboonsultant services will be provided at time -and -materials based upon our latest schedule of hourly rates, attached. The Dean Ryan Team takes this plan review activity very seriously. We commit to a quality and responsive service meeting the required deadlines and budget. If you have any questions, please call me at (213) 235-0939. Sincerel , Dean RY Consultants anda . Martinez Chief Executive Officer L � William E. Strecker, PE, TE Program Manager 725 South Fi uema Soot, Suite 3320. Lou Angeles, California 90017 (213) 697-1130 Fax: (213) 687-1139 www.deanryan.com us Exhibit C Special Requirements AT NO ADDITIONAL COST TO THE CITY: 1. The Consultant shall provide a hand held (type) cellular telephone for each plan checker assigned to the City Project(s) to assure rapid availability by telephone. 2. The Consultant shall provide his or her own transportation to and from the designated work site. Consultant will not be compensated for travel time to and from designated work site. 3. The Consultant shall respond to requests for plan check within twenty-four (24) hours. 4. The Consultant shall supply all necessary tools and materials to perform their work. n 2U Tay/ 4 ZP Qum& COUNCIL/RDA MEETING DATE: December 16, 2008 ITEM TITLE: Approval of Contract Change Order No. 11 for Project No. LMC 2005-08, Citywide Landscape Maintenance Services for Fiscal Year 2008/2009 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: ^_ CONSENT CALENDAR: 6V STUDY SESSION: PUBLIC HEARING: Approve Contract Change Order No. 11, in the amount of $3,574 (Attachment 1) for Project No. LMC 2005-08, Citywide Landscape Maintenance Services for Fiscal Year 2008/2009, with Kirkpatrick Landscaping Services, Inc. FISCAL IMPLICATIONS: Adequate funds for the Citywide Landscape Maintenance Services have been proposed in the Fiscal Year 2008/2009 budget, Account No. 101-7004-431.34-04, Landscape Maintenance Contract Services. CHARTER CITY IMPLICATIONS: This project is funded by the Landscape and Lighting Assessment District 89-1 Funds and the General Fund. Therefore, under its charter city status, the City is not mandated to pay prevailing wage rates. BACKGROUND AND OVERVIEW: On September 20, 2005, the City Council awarded a contract to Kirkpatrick Landscaping Services, Inc. for the Citywide Landscape Maintenance Contract, Project No. LMC 2005-08 in the amount of $612,000, and appropriated additional funds in the amount of $107,000. This program provides for weekly maintenance of all landscape areas located within the City's medians and perimeter landscape. The Contract Specifications allowed for four (4) one-year extensions renewable at the beginning of each fiscal year through Fiscal Year 2009/2010, at the City's discretion. N ... 288 On June 6, 2006, the City Council approved a one-year contract extension for Project No. LMC 2005-08, Citywide Landscape Maintenance Services, for Fiscal Year 2006/2007, with Kirkpatrick Landscaping Services, Inc., in the amount of $723,808 and approved Contract Change Order No. 2 in the amount of $107,563. On April 17, 2007, the City Council approved Contract Change Order No. 3 in the amount of $2,201 and Contract Change Order No. 4 in the amount of $4,168 for Project No. LMC 2005-08, Citywide Landscape Maintenance Services for Fiscal Year 2006/2007, with Kirkpatrick Landscaping Services, Inc. On June 5, 2007, the City Council approved Contract Change Order No. 5 in the amount of $22,082 and an Amendment to the Citywide Landscape Maintenance Services Agreement, Project No. LMC 2005-08 for Fiscal Year 2007/2008, with Kirkpatrick Landscaping Services, Inc. and authorized the City Manager to execute the Amendment. On October 16, 2007, the City Council approved Contract Change Order No. 6 in the amount of $6,731.00 credit, for Project No. LMC 2005-08, Citywide Landscape Maintenance Services for Fiscal Year 2007/2008, with Kirkpatrick Landscaping Services, Inc. On November 6, 2007, the City Council approved an Agreement with Coachella Valley Water District for landscape maintenance at six well sites and approved Contract Change Order No. 7 in the amount of $16,800 for Project No. LMC 2005-08 for Fiscal Year 2007/2008, Citywide Landscape Maintenance Services, with Kirkpatrick Landscaping Services, Inc. On March 18, 2008, the City Council approved Contract Change Order No. 8 in the amount of $4,206 for Project No. LMC 2005-08 for Fiscal Year 2007/2008, with Kirkpatrick Landscaping Services, Inc. On June 2, 2008, the City Council approved Contract Change Order No. 9 in the amount of $18,211 and an Amendment to the Citywide Landscape Maintenance Services Agreement, Project No. LMC 2005-08 for Fiscal Year 2008/2009, with Kirkpatrick Landscaping Services, Inc. and authorized the City Manager to execute the Amendment. On September 16, 2008, the City Council approved Contract Change Order No. 10 in the amount of $3,412 for Project No. LMC 2005-08 for Fiscal Year 2008/2009, with Kirkpatrick Landscaping Services, Inc. Attachment 1 is the proposed Contract Change Order No. 11 in the amount of $3,574. This Contract Change Order adds the Park Avenue parkway landscape along the northeast corner of Park Avenue and Avenue 50. 2B9 A summary of previous contract change orders is as follows: Original Contract Amount $612,000 Contract Change Adds Downtown Parking Lot (Ave Bermudas at $4,245 Order No. 1 Montezuma), Avenue 50 Median (Park Avenue to Orchard Lane) Contract Change Deletes City Hall Civic Center, Library, Senior Center, $107,563 Order No. 2 Adams Retention and Adds SilverRock Perimeter Contract Change Deletes Eisenhower Drive (Median) (Washington St. to $2,201 Order No. 3 Hidden Canyon Drive) Contract Change Adds Eisenhower Drive (Median) (500 ft. N of $4,168 Order No. 4 Tampico to Ave. 50), Eisenhower Drive - East Parkway (60 ft. S of bridge to 740 ft. N, Eisenhower Drive - West Parkway Tampico to Evacuation Channel Contract Change Adds Avenue 52 (Median) (Hideaway) (Madison St. to $22,082 Order No. 5 0.5 miles west of Madison), Fred Waring Drive (Median)(Esplanade) (Jefferson to 0.40 miles west of Jefferson), Consumer Price Index (CPI) increase at 2% Contract Change Adds Washington Street (Median) (Ave 48 to Ave 50), ($6,731) Order No. 6 Eisenhower Dr (Median) (Tampico to 600 LF, N of Tampico), and deletes Avenue 52 (Median) Washington St to Jefferson St Contract Change Adds CVWD Well Sites - Saguaro & Date Palm (S/W $16,800 Order No. 7 corner), 46-995 Adams Street (N/W Adams/Ave 47), Las Vistas & Sanita Dr (S/E corner), 52-520 Velasco (South of Ensenada), Ave Bermudas (N/S, at Velasco & Herrera), Hildalgo & Velasco Contract Change Adds Round About (Median & Parkway) (Ave Navarro $4,206 Order No. 8 & Montezuma), Washington St. (Median) (Simon Drive to Ave 47) Contract Change Adds Ave 52 median (Washington Street to Jefferson $18,211 Order No. 9 Street), Ave 52 median (East of Jefferson St to Canal), Washington St at Hwy 1 1 1 (south east corner, DG area), Ave 50 median (Orchard Ln to Jefferson St, Miles Ave perimeter S/S (Seeley Dr east to Property line), and deletes Ave 54 median (Jefferson St to Madison St) Contract Change Adds Eisenhower median (Ave Fernando to Coachella $3,412 Order No. 10 Dr and Coachella Dr to Hidden Canyon Dr) and Miles Avenue median (Vista Dunes to Adams) and deletes La Quinta Drive median (Hwy 111 to Auto Center) Contract Change Adds the Park Avenue parkway landscape along the $3,574 Order No. 11 northeast corner of Park Avenue and Avenue 50 Total Revised Contract Amount 1 $791,731 290 FINDINGS AND ALTERNA The alternatives available to the City Council include: 1. Approve Contract Change Order No. 11 in the amount of $3,574 for Project No. LMC 2005-08, Citywide Landscape Maintenance Services for Fiscal Year 2008/2009 with Kirkpatrick Landscaping Services, Inc.; or 2. Do not approve Contract Change Order No. 11 in the amount of $3,574 for Project No. LMC 2005-08, Citywide Landscape Maintenance Services for Fiscal Year 2008/2009, with Kirkpatrick Landscaping Services, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, f� othy Public Works Di ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Contract Change Order No. 11 291 ATTACHMENT 1 Tity4 4 a" CONTRACT: L.M.C. 2008/2009 PROJECT NO.2005-08 CONTRACTOR: Kirkpatrick Landscaping Services, Inc. 43-752 N. Jackson St. P.O. Box 1807 Indio, CA 92202 CONTRACT CHANGE ORDER NO. 11 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE: Addition of Landscape Maintenance as follows: Location: Turf @ $0.11832/SF Planter @ $0.16/SF Irrigation @ $0.02693 SF Monthly Annual Park Ave Parkway (North east corner of Park Ave & Ave 50) (32 trees 4,520 SF = $534.80 15,605 SF = $2,496.80 20,125 SF = $541.97 $297.80 $3,573.57 Rounded To $3 574.00 All other requirements of the Landscape Maintenance Contract (LMC) 2008-2009 shall apply. Previous Contract Amount Through Change Order No. 10 $788,157.00 Add This Change Order $ 3,574.00 Revised Contract Total $791,731.00 Submitted By: Date: Approved By: Date: We, the undersigned Contractor, havegiven careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted By: Title: Contractor: Date: 292 Titf 4 4 a" COUNCIL/RDA MEETING DATE: December 16, 2008 ITEM TITLE: Approval of Professional Services Agreements with RASA and RBF for On -Call Engineering Map Check Services RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to execute Professional Services Agreements with RASA and RBF consultants for on -call engineering map check services. FISCAL IMPLICATIONS: These services will be paid for on a time and material basis for map checks and these services will be offset by developer map check fees. Development activity will dictate when or if these services will be needed. Funds are included in the approved Fiscal Year 2008-2009 Public Works operating budget for these services. Below is a chart showing a comparison of the existing map check rates and the proposed rates from the two Consultants selected for on -call engineering map check services: Consultant Rate Description Existing Rate Proposed Rate* RBF Tract Map Base Rate + per Lot Rate N/A $1,700 + $15 Parcel Map Base Rate + per Lot Rate N/A $750 + $195 Lot Line Adjustment Base Rate + per Lot Rate N/A $250 + $25 Hourly Rate N/A $100 RASA Tract Map Base Rate + per Lot Rate $1,500 + $20 $1,500 + $20 Parcel Map Base Rate + per Lot Rate $1,500 + $250 $1,500 + $250 Lot Line Adustment Base Rate + per Lot Rate $600 + $100 $600 + $100 Hourly Rate $90 $95 ,,., 1 293 * Generally staff will utilize the lower priced consultant for these services unless the consultant's workload dictates otherwise. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On November 4, 2008, the City Council authorized staff to distribute a Request for Proposals (RFP) for on -call engineering map check services. The City received twelve proposals in response to the RFP. The consultant selection committee reviewed all proposals and recommends that two consultant firms be selected. Staff recommends approval of Professional Services Agreements for on -call engineering map check services with RASA (Attachment 1) and RBF (Attachment 2). The new agreements specify a two (2) year term beginning January 1, 2009 and ending December 31, 2010. The proposed PSAs include language that would permit the City to terminate the agreements with thirty (30) days written notice to the Consultant. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the City Manager to execute Professional Services Agreements with RASA and RBF for on -call engineering map check services; or 2. Do not authorize the City Manager to execute Professional Services Agreements with RASA and RBF for on -call engineering map check services; or 3. Provide staff with alternative direction. 294 Respectfully submitted, 4 othy R. ass P.E. Public Work ire r/City Engineer Approved for submission by: /Thomas P. Genovese, City Manager Attachments: 1. RASA Professional Services Agreement 2. RBF Professional Services Agreement 295 ATTACHMENT 1 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 RASA (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 On -Call Engineering Map Check Services, 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 mariner 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). 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, 296 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"), 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 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 ,M.. 297 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 January 1, 2009 and terminate on December 31, 2010 (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. It is expressly understood that the experience, knowledge, capability, and 298 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 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 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 Subcontractino or Assionment. 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 299 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 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. 330 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 sub consultants), 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 sub consultants (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 sub consultants of Consultant. �. 3D1 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 sub consultant 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 sub consultants), 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 sub consultant, 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. 302 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 insured 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. 303 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 that 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 304 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 anytime 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. 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. 305 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. 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. 306 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. 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 p, 307 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 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. „... 308 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: 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: RASA Attention: Eric Nelson, PLS 534 Rancho Terrace Escondido, CA 92026 (760) 738-8709 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 309 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. 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: RASA By: Name: Eric Nelson, PLS Title: Principal Date: 4Za 310 Exhibit A Scope of Services Map checking may be provided by an On Call Engineering Map Consultant, as applicable, with the following scopes: Map Checking Subdivision Tract and Parcel Maps will be reviewed by a Licensed Land Surveyor in the State of California for the procedure of survey, mathematical closure, and compliance with the Subdivision Map Act, the Land Surveyor's Act, the approved Tentative Map, the approved Conditions of Approval, and a current title report. This review includes but is not limited to the review of survey documentation, lot and boundary closure calculations, dedications and easement provisions, legal descriptions and completeness and accuracy of data notation. Some othe specific items that are reviewed or checked include the following: f • Title sheet format and certificates. • Current legal descriptions. • Correct assessor's parcel being subdivided per the title report and Tract/Parcel Map. • Check closure of subdivision boundary and individual lots against traverse. • Verify lot areas against traverse. • Check for correct mathematics. • Clarity of drafting. • Proper delineation and identification of record data. • All appropriate data in the title report is shown on the Imap. • Proper reference to adjacent recorded maps and ties thereto. • Proper reference and ties to found/set monumentation Minimum lot sizes meeting the requirements of zoning of the Tentative Map. • On -map items identified by the subdivision resolution are properly satisfied. • Boundary tied to the California Coordinate System, where required. • Verify ownership shown on the map against the title report. • Verify easements and completeness of easement callduts. In addition to reviewing subdivision Tract and Parcel Maps, the consultant may be requested to provide the following services: • Review Lot Line Adjustment documents. Prepare legal descriptions and plats. Prevailing Wage - In accordance with Section 1770 of the Lab( and does hereby specify that the prevailing wage rates shall bi 20.0, WAGE RATES. The said rates shall include all employe Section 1773.1 of the Labor Code. The City will furnish to the of such prevailing rates. It shall be the duty of the Contractor wages at the job site. r Code, the City has ascertained those provided in Article 1110- payments that are required by ;ontractor, upon request, a copy o post a copy of such prevailing 311 EXHIBIT B Schedule of Compensation Consultant E2tG 061,5014; FLS ( RASA 1 shall provide services for a term of twenty-four (24) months beginning January 1, 2009 and terminating on December 31, 2010. OFFICE HOURS The Consultant shall maintain normal office hours between 8:00 a.m. and 5:00 p.m., Monday through Friday. The Consultant shall be available to meet with City Staff during normal working hours with 48 hours advance notice. SCHEDULE The Consultant shall adhere to the following plan check schedule: Map Submittal Map Check Turn -Around (From Receipt from City Staff) 151 Plan Check /A/ Working Days 2nd Plan Check 7 Working Days 3rd Plan Check _ 7 Working Days For larger, more complex projects such as golf course developments, one (1) additional week for the 1 t and 2"d plan check shall be provided, if necessary to complete a thorough plan check. The consultant shall advise the Contract Officer, in writing, if additional time is needed. Normal plan check operations will be conducted as follows: I" Submittal Upon completing the 1st review, the Consultant shall submit the 'red lined" plans and a copy of the applicable Plan Check List to the City. The City will provide supplemental comment as necessary and forward 'red lined" plans to the applicant. 2"d and Subsequent Submittals Upon receipt of the 2" round plan check submittal from the applicant and upon completing the 2"d review, the Consultant shall submit "red lined" plans and a copy of the applicable 2"d review Plan Check List to the City. The City will provide supplemental comment as applicable and forward 2"d review 'red lined" plans to the applicant. The process of applicant correction, Consultant review followed by City review and "red lined" plan return to applicant shall continue until approvable plans are generated and a plan approval letter is submitted to the City by the Consultant. If necessary, the Consultant shall be available to meet with City staff and/or the applicant to review the plan check comments. The Consultant will communicate directly with the applicant regarding plan check issues and clarifications. The City desires an average of no more than 3 plan check rounds before final plan approval. 312 The Consultant shall also maintain a plan check log as follows to track the plan check status. The plan check log shall include the following information: 1) Receipt Date 2) Transmittal Dates 3) Who is Receiving the Information 4) Status of Plan Check 5) Project Description and City Plan Check Number 6) Plan Check Fees The Consultant shall maintain all files for a period of three years. Copies of requested files will be furnished to the City upon request. Map Check Compensation Map check payment shall be made in full at the following "fixed fee" rates as specified for Tract Maps and Parcel Maps: Tract Maps$ 650000 base fee plus $ Zo pO per lot (including both lettered and numbered lots) ,90 Parcel Maps $ /5base fee plus $ 2So=` per parcel (including both lettered and numbered lots) Lot Line Adjustment $ 660 _" base fee plus $ /Ovr fee per line adjusted This rate shall be compensation for up to three (3) map checks. Payment for additional map checks after the third check shall be made at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. An estimate of hours to complete the map check (after the third check) shall be made in writing to the Contract Officer for approval as specified in Section 1.6 — Additional Services of the Agreement. Compensation for the first three map checks shall be distributed at the following schedule: First Map Check 65% of the Total Map Check Fee Second Map Check 20% of the Total Map Check Fee Third Map Check 15% of the Total Map Check Fee The Consultant shall be compensated upon the completion of each map check as indicated in the above schedule and in conformance with Section 2.2 of the Agreement. If a project is suspended, either definitely or indefinitely, the Consultant shall be compensated based on the last completed map check. If the map check process is completed prior to the third map check, 100% of the map check fee will be paid upon completion of the final map check. 313 Consultant may be requested to provide additional map checks after the third check. Consultant receives no additional compensation for delivery or postage fees necessary to transmit or receive plans from City. Consultant also may be requested to provide supplemental map checking or general map consulting services for specific development related engineering projects for the City as applicable. Payment shall be made in full at an hourly rate of: $ p per hour— no overtime, travel time, expenses or other administrative charges will be allowable over and above the stated hourly rate schedule. The Consultant shall generally work on Development Services projects which are not subject to prevailing wage requirements. Should prevailing wage requirements be applicable, the Consultant will adhere to the following prevailing wage requirements: Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Article 1110-20.0, WAGE RATES. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code. The City will furnish to the Contractor, upon request, a copy of such prevailing rates. It shall be the duty of the Contractor to post a copy of such prevailing wages at the job site. �CONSULTANT: Date:By: Name: 6—otG Title: —j:1R r "i C r PA L. 314 EXHIBIT C Schedule of Performance Consultant E2 tG fjet sot1 I pt S %ZASAL) shall provide services for a term of twenty-four (24) months beginningng J� 1, 200g and terminating on December 31, 2010. OFFICE HOURS The Consultant shall maintain normal office hours between 8:00 a.m. and 5:00 p.m., Monday through Friday. The Consultant shall be available to meet with City Staff during normal working hours with 48 hours advance notice. SCHEDULE The Consultant shall adhere to the following plan check schedule: Ma S� uMap Check Turn -Around (From Receipt from City Staff) 1s Plan Check JAI Working Days 2nd Plan Check 7 Working Days 3rd Plan Check 7 Working Days For larger, more complex projects such as golf course developments, one (1) additional week for the 1st and 2nd plan check shall be provided, if necessary to complete a thorough plan check. The consultant shall advise the Contract Officer, in writing, if additional time is needed. Normal plan check operations will be conducted as follows: 1st Submittal Upon completing the 1st review, the Consultant shall submit the "red lined" plans and a copy of the applicable Plan Check List to the City. The City will provide supplemental comment as necessary and forward "red lined" plans to the applicant. 2nd and Subsequent Submittals Upon receipt of the 2" round plan check submittal from the applicant and upon completing the 2" d review, the Consultant shall submit "red lined" plans and a copy of the applicable 2"d review Plan Check List to the City. The City will provide supplemental comment as applicable and forward 2"d review "red lined" plans to the applicant. The process of applicant correction, Consultant review followed by City review and "red lined" plan return to applicant shall continue until approvable plans are generated and a plan approval letter is submitted to the City by the Consultant. If necessary, the Consultant shall be available to meet with City staff and/or the applicant to review the plan check comments. The Consultant will communicate directly with the applicant regarding plan check issues and clarifications. The City desires an average of no more than 3 plan check rounds before final plan approval. 315 The Consultant shall also maintain a plan check log as follows to track the plan check status. The plan check log shall include the following information: 1) Receipt Date 2) Transmittal Dates 3) Who is Receiving the Information 4) Status of Plan Check 5) Project Description and City Plan Check Number 6) Plan Check Fees The Consultant shall maintain all files for a period of three years. Copies of requested files will be furnished to the City upon request. Map Check Compensation Map check payment shall be made in full at the following "fixed fee" rates as specified for Tract Maps and Parcel Maps: Tract Maps$ ,Soo`-` base fee plus $ 20 p° per lot (including both lettered and numbered lots) Parcel Maps $ /500 ` base fee plus $ ZS6°! per parcel (including both lettered and numb ere d lots) Lot Line Adjustment $ 6to =a base fee plus $ i09 fee per line adjusted This rate shall be compensation for up to three (3) map checks. Payment for additional map checks after the third check shall be made at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. An estimate of hours to complete the map check (after the third check) shall be made in writing to the Contract Officer for approval as specified in Section 1.6 — Additional Services of the Agreement. Compensation for the first three map checks shall be distributed at the following schedule: First Map Check 65% of the Total Map Check Fee Second Map Check 20% of the Total Map Check Fee Third Map Check 15% of the Total Map Check Fee The Consultant shall be compensated upon the completion of each map check as indicated in the above schedule and in conformance with Section 2.2 of the Agreement. If a project is suspended, either definitely or indefinitely, the Consultant shall be compensated based on the last completed map check. If the map check process is completed prior to the third map check, 100% of the map check fee will be paid upon completion of the final map check. 316 Consultant may be requested to provide additional map checks after the third check. Consultant receives no additional compensation for delivery or postage fees necessary to transmit or receive plans from City. Consultant also may be requested to provide supplemental map checking or general map consulting services for specific development related engineering projects for the City as applicable. Payment shall be made in full at an hourly rate of: $�,� per hour— no overtime, travel time, expenses or other administrative charges will be allowable over and above the stated hourly rate schedule. The Consultant shall generally work on Development Services projects which are not subject to prevailing wage requirements. Should prevailing wage requirements be applicable, the Consultant will adhere to the following prevailing wage requirements: Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Article 1110-20.0, WAGE RATES. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code. The City will furnish to the Contractor, upon request, a copy of such prevailing rates. It shall be the duty of the Contractor to post a copy of such prevailing wages at the job site. CONSULTANT: �� s✓N Date: By: G= Name: &ICL501,1 r-'a t)4 c19Al. 317 Exhibit D Special Requirements AT NO ADDITIONAL COST TO THE CITY: 1. The Consultant shall provide a hand held (type) cellular telephone for each plan checker assigned to the City Project(s) to assure rapid availability by telephone. 2. The Consultant shall provide his or her own transportation to and from the designated work site. Consultant will not be compensated for travel time to and from designated.work site. 3. The Consultant shall respond to requests for plan check within twenty-four (24) hours. 4. The Consultant shall supply all necessary tools and materials to perform their work. 318 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 RBF Consulting (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 On -Call Engineering Map Check Services, 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 Quints 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). 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, 319 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") 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 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 320 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 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. 3.4 Term. The term of this agreement shall commence on January 1, 2009 and terminate on December 31, 2010 (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: Brad Mielke, Office Manager 321 a. The aforementioned 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. 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. RBF Consulting will assign Levi D. Cox, PLS to the City to perform on -call engineering map check services. RBF Consulting shall get the City's approval prior to re -assigning or sending any other individual to work for the City other than Levi D. Cox, PLS. 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 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 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. 322 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/Prooerty 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 riot 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 323 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 sub consultants), 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 sub consultants (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 �. 324 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 sub consultants 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 sub consultant 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 sub consultants), 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 sub 325 consultant, 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. 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 insured 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. 326 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended Wapply 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 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 that 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 321 A., 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 anytime 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. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees 3�a 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 Reoorts. 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, 329 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. 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 0 0) 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 g3o 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 RRi hts 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 remedyconsistent 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 331 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, 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 RBF Attention: Thomas P. Genovese Attention: Brad Mlelke, Office Manager City Manager 74-130 Country Club Dr. Suite 201 78-495 Calle Tampico P.O. Box 1504 Palm Desert, CA 9226071655 La Quinta, CA 92247-1504 (760) 346-7481 3:32 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. 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. Katherjne Jenson, City Attorney CONSULTANT: WW By: Name: Br ,gd Mielke Title: Date:0� Office M na er .4 . g33 Exhibit A Scope of Services Map checking may be provided by an On Call Engineering Map Consultant, as applicable, with the following scopes: Map Checking . Subdivision Tract and Parcel Maps will be reviewed by a Licensed Land Surveyor in the State of California for the procedure of survey, mathematical closure, and compliance with the Subdivision Map Act, the Land Surveyor's Act, the approved Tentative Map, the approved Conditions of Approval, and a current title report. This review includes but is not limited to the review of survey documentation, lot and boundary closure calculations, dedications and easement provisions, legal descriptions and completeness and accuracy of data notation. Some of the specific items that are reviewed or checked include the following: • Title sheet format and certificates. • Current legal descriptions. • Correct assessor's parcel being subdivided per the title report and Tract/Parcel Map. Check closure of subdivision boundary and individual lots against traverse. • Verify lot areas against traverse. • Check for correct mathematics. • Clarity of drafting. • Proper delineation and identification of record data. • All appropriate data in the title report is shown on the map. • Proper reference to adjacent recorded maps and ties thereto. • Proper reference and ties to found/set monumentation. • Minimum lot sizes meeting the requirements of zoning of the Tentative Map. • On -map items identified by the subdivision resolution are properly satisfied. • Boundary tied to the California Coordinate System, where required. • Verify ownership shown on the map against the title report. • Verify easements and completeness of easement callouts. In addition to reviewing subdivision Tract and Parcel Maps, the consultant may be requested to provide the following services: • Review Lot Line Adjustment documents. • Prepare legal descriptions and plats. Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Article 1110- 20.0, WAGE RATES. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code. The City will furnish to the Contractor, upon request, a copy of such prevailing rates. It shall be the duty of the Contractor to post a copy of such prevailing wages at the job site. 334 EXHIBIT B Schedule of Compensation Consultant RBF Consulting Inc. shall provide services for a term of twenty-four (24) months beginning January 1, 2009 and terminating on December 31, 2010. OFFICE HOURS The Consultant shall maintain normal office hours between 8:00 a.m. and 5:00 p.m., Monday through Friday. The Consultant shall be available to meet with City Staff during normal working hours with 48 hours advance notice. SCHEDULE The Consultant shall adhere to the following plan check schedule: Map Submittal Map Check Turn -Around (From Receipt from City Staff) 1' Palm Check 10 Working Days 2"d Plan Check 10 Working Days 3`d Plan Check 5 Working Days For larger, more complex projects such as golf course developments, one (1) additional week for the 1" and 2°d plan check shall be provided, if necessary to complete a thorough plan check. The consultant shall advise the Contract Officer, in writing, if additional time is needed. Normal plan check operations will be conducted as follows: 15' Submittal Upon completing the 1' review, the Consultant shall submit the "red lined" plans and a copy of the applicable Plan Check List to the City. The City will provide supplemental comment as necessary and forward "red lined" plans to the applicant. 2"d and Subsequent Submittals Upon receipt of the 2°d round plan check submittal from the applicant and upon completing the 2"d review, the Consultant shall submit "red lined" plans and a copy of the applicable 2"d review Plan Check List to the City. The City will provide supplemental comment as applicable and forward 2"d review `red lined" plans to the applicant. The process of applicant correction, Consultant review followed by City review and "red lined" plan return to applicant shall continue until approvable plans are generated and a plan approval letter is submitted to the City by the Consultant. If necessary, the Consultant shall be available to meet with City staff and or the applicant to review the plan check comments. The Consultant will communicate directly with the applicant regarding plan check issues and clarifications. The City desires an average of no more than 3 plan check rounds before final plan approval. The Consultant shall also maintain a plan check log as follows to track the plan check status. The plan check log shall include the following information: 1) Receipt Date 2) Transmittal Dates 3) Who is Receiving the Information 4) Status of Plan Check 5) Project Description of the City Plan Check Number 6) Plan Check Fees The Consultant shall maintain all files for a period of three years. Copies of the requested files will be furnished to the City upon request. Map Check Compensation Map check payment shall be made in full at the following "fixed fee" rates as specified for Tract Maps and Parcel Maps: Tract Maps $ 1. 000 base fee plus $15 per lot (including both lettered and numbered lots) Parcel Maps $ 750 base fee plus $ 195 per lot (including both lettered and numbered lots) Lot Line Adjustment $ 250 base fee plus $ 25 per line adjusted* *Applies to simple lot line adjustments. This rate shall be compensation for up to three (3) map checks. Payment for additional map checks after the third check shall be made at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. An estimate of hours to complete the map check (after the third check) shall be made in writing to the Contract Officer for approval as specified in Section 1.6 - Additional Services of the Agreement. Compensation for the first three map checks shall be distributed at the following schedule: First Map Check 65% of the Total Map Check Fee Second Map Check 20% of the Total Map Check Fee Third Map Check 15% of the Total Map Check Fee The Consultant shall be compensated upon the completion of each map check as indicated in the above schedule and in conformance with Section 2.2 of the Agreement. If a project is suspended, either definitely or indefinitely the Consultant shall be compensated based upon the last completed map check. If the map check process is completed prior to the third map check, 100% of the map check fee will be paid upon completion of the final map check. 336 N. Consultant may be requested to provide additional map checks after the third check. Consultant receives no additional compensation for delivery or postage fees necessary to transmit or receive plans from City. Consultant also may also be requested to provide supplemental map checking or general map consulting sevices for specific development related engineering projects for the City as applicable. Payment shall be made in full at an hourly rate of: $100 per hour — no overtime, travel time, expenses or other administrative charges will be allowable over and above the stated hourly rate schedule. The Consultant shall generally work on Development Services projects which are not subject to prevailing wage requirements. Should prevailing wage requirements be applicable, the Consultant will adhere to the following prevailing wage requirement: Prevailing Wage — In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Article 1110-20.0, WAGE RATES. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code. The City will furnish to the Contractor, upon request, a copy of such prevailing rates. It shall be the duty of the Contractor to post a copy of such prevailing wages at the job site. CONSULTANT: Bv� Name: h cza Z� tn� ) g Title:,4."'� Date:TIl 331 . N.� EXHIBIT C Schedule of Performance Consultant RBF Consulting. Inc. shall provide services for a term of twenty-four (24) months beginning January 1, 2009 and terminating on December 31, 2010. OFFICE HOURS The Consultant shall maintain normal office hours between 8:00 a.m. and 5:00 p.m., Monday through Friday. The Consultant shall be available to meet with City Staff during normal working hours with 48 hours advance notice. SCHEDULE The Consultant shall adhere to the following plan check schedule: Map Submittal Map Check Turn -Around (From Receipt from City Staff) 151 Palm Check 10 Working Days 2nd Plan Check 10 Working Days 3`d Plan Check 5 Working Days For larger, more complex projects such as golf course developments, one (1) additional week for the 1st and 2"d plan check shall be provided, if necessary to complete a thorough plan check. The consultant shall advise the Contract Officer, in writing, if additional time is needed. Normal plan check operations will be conducted as follows: 1st Submittal Upon completing the 1st review, the Consultant shall submit the "red lined" plans and a copy of the applicable Plan Check List to the City. The City will provide supplemental comment as necessary and forward "red lined" plans to the applicant. 2"d and Subsequent Submittals Upon receipt of the 2"d round plan check submittal from the applicant and upon completing the 2"d review, the Consultant shall submit "red lined" plans and a copy of the applicable 2"d review Plan Check List to the City. The City will provide supplemental comment as applicable and forward 2"d review 'red lined" plans to the applicant. The process of applicant correction, Consultant review followed by City review and "red lined" plan return to applicant shall continue until approvable plans are generated and a plan approval letter is submitted to the City by the Consultant. If necessary, the Consultant shall be available to meet with City staff and or the applicant to review the plan check comments. The Consultant will communicate directly with the applicant regarding plan check issues and clarifications. The City desires an average of no more than 3 plan check rounds before final plan approval. 4 M The Consultant shall also maintain a plan check log as follows to track the plan check status. The plan check log shall include the following information: 1) Receipt Date 2) Transmittal Dates 3) Who is Receiving the Information 4) Status of Plan Check 5) Project Description of the City Plan Check Number 6) Plan Check Fees The Consultant shall maintain all files for a period of three years. Copies of the requested files will be furnished to the City upon request. Map Check Compensation Map check payment shall be made in full at the following "fixed fee" rates as specified for Tract Maps and Parcel Maps: Tract Maps $ 1. 000 base fee plus $15 per lot (including both lettered and numbered lots) Parcel Maps $ 750 base fee plus $ 195 per lot (including both lettered and numbered lots) Lot Line Adjustment $ 250 base fee plus $ 25 per line adjusted* *Applies to simple lot line adjustments. This rate shall be compensation for up to three (3) map checks. Payment for additional map checks after the third check shall be made at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. An estimate of hours to complete the map check (after the third check) shall be made in writing to the Contract Officer for approval as specified in Section 1.6 - Additional Services of the Agreement. Compensation for the first three map checks shall be distributed at the following schedule: First Map Check 65% of the Total Map Check Fee Second Map Check 20% of the Total Map Check Fee Third Map Check 15% of the Total Map Check Fee The Consultant shall be compensated upon the completion of each map check as indicated in the above schedule and in conformance with Section 2.2 of the Agreement. If a project is suspended, either definitely or indefinitely the Consultant shall be compensated based upon the last completed map check. If the map check process is completed prior to the third map check, 100% of the map check fee will be paid upon completion of the final map check. 339 Consultant may be requested to provide additional map checks after the third check. Consultant receives no additional compensation for delivery or postage fees necessary to transmit or receive plans from City. Consultant also may also be requested to provide supplemental map checking or general map consulting sevices for speck development related engineering projects for the City as applicable. Payment shall be made in full at an hourly rate of: $100 per hour — no overtime, travel time, expenses or other administrative charges will be allowable over and above the stated hourly rate schedule. The Consultant shall generally work on Development Services projects which are not subject to prevailing wage requirements. Should prevailing wage requirements be applicable, the Consultant will adhere to the following prevailing wage requirement: Prevailing Wage — In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Article 1110-20.0, WAGE RATES. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code. The City will furnish to the Contractor, upon request, a copy of such prevailing rates. It shall be the duty of the Contractor to post a copy of such prevailing wages at the job site. CONSULTANT: By: Name: ZZ7 011, g Title: nc.: Date:_ ✓Z 1 t 11- 340 Exhibit D Special Requirements AT NO ADDITIONAL COST TO THE CITY: 1. The Consultant shall provide a hand held (type) cellular telephone for each plan checker assigned to the City Project(s) to assure rapid availability by telephone. 2. The Consultant shall provide his or her own transportation to and from the designated work site. Consultant will not be compensated for travel time to and from designated work site. 3. The Consultant shall respond to requests for plan check within twenty-four (24) hours. 4. The Consultant shall supply all necessary tools and materials to perform their work. `19 cFM OF'CKF'� COUNCIL/RDA MEETING DATE: December 16, 2008 ITEM TITLE: Authorization for Overnight Travel for the Finance Director to Attend the Government Finance Officers Association (GFOA) 2009 Annual Conference in Seattle, Washington, June 28" - July 1 ", 2009 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for the Finance Director to attend the four -day 2009 Government Finance Officers Association (GFOA) Annual Conference in Seattle, Washington. FISCAL IMPLICATIONS: Costs associated with attending the Conference will be funded through Fiscal Services Training & Meetings, Account No. 101-4001-415.51.01. This conference was budgeted in the 2008/2009 Fiscal Year Budget at $2,600. The breakdown of expenditures anticipated for this conference is as follows: • Conference Enrollment - Early Registration $ 370 • Travel 740 • Lodging/Meals 1,490 Total $ 2.600 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The four -day 2009 Government Finance Officers Association (GFOA) Annual Conference focuses on financial issues affecting local governments. Seminar information is included in Attachment 1. 342 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the Finance Director to attend the four -day 2009 Government Finance Officers (GFOA) Annual Conference in Seattle, Washington, June 291" - July 15t, 2009; or 2. Do not approve authorization for overnight travel for the Finance Director to attend the four -day 2009 Government Finance Officers (GFOA) Annual Conference in Seattle, Washington, June 29th - July 151, 2009; or 3. Provide staff with alternative direction. Respectfully submitted, 4 /1 '6,0� John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Conference Material 343 Contents Preliminary Schedule of Events ......................... page 4 Conference Overview ................................. page 5 Hot Topics ..........................................page 6 Preconference Seminars...............................page 7 GFOA Social Events ..................................page 8 Sporting Events .....................................page 9 Logistics ..................................... ...... page 10 Registration ................................... pages 11 - 12 Hotel and Area Map ................................ page 13 Where to Stay in Seattle ............................. page 14 Hotel Reservation Form .............................. page 15 More GFOA Information .........................pages 16 - 17 GFOA Membership Application ........................page 18 About Seattle ......................................page 19 ca X , www.gfoa.org Why Attend? A Practical Way to Confront Challenging Times In today's challenging economic environment, more than ever, state and local governments are turning to the public finance professional for practical advice and strategic vision. Finance officers need to understand and be able to explain the economic situation and the potential fallout for their jurisdictions. To do so, public finance professionals must stay informed of the latest developments and trends and continually enhance their skills. The GFOA's annual conference provides a uniquely comprehensive and cost-effective way of doing so, all in a three-day period. This year's conference offers a selection of 80 quality technical sessions, covering the gamut of public finance. Participants can choose to follow a comprehensive "track" of sessions devoted to a particular public finance discipline (accounting, auditing, and financial reporting; budgeting and financial planning; cash and investment management; debt management; pensions and benefits; management and policy; and technology and digital government), or mix and match sessions to meet their individual needs. With more than 4,000 delegates, the GFOA's annual conference also offers participants unmatched opportunities for making contacts and sharing information and experiences with colleagues from governments of all levels, types, and sizes —from the largest states to the smallest special districts. Likewise, the conference's Exhibit Hall allows participants to examine for themselves the latest in vendor products and services. In this fast -changing economy, public finance professionals cannot afford to pass up this unique opportunity to hear about tools and approaches for addressing the financial issues facing ca their governments, and to share ideas with colleagues who are dealing with similar challenges. 03 rn Preliminary Schedule of Events 8:00 am 9:00 am 10:00 am 11:00 am 12:00 pm 1:00 pm For updated program information, visit www.gfoa.org 2:00 pm 3:00 pm 4:00 pm 5:00 pm 6:00 pm Concurrent Sunday, Sessions June 28 (1 CPE credit) Concurrent Concurrent (3 CPE Credits) Sessions Sessions (1 CPE credit) (1 CPE credit) Welcome Reception General Sessions (2 CPE credits) Monday, June (8 CPE Credits) Concurrent Sessions (2 CPE credits) Concurrent ons Lunch (2 CPE credits) Concurrent Sessions (2 CPE credits) Tuesday, June 30 (6 CPE Credits) Concurrent Sessions (2 CPE credits) Wednesday,sv* July t..`a- (4CPE Credits) ..„.r. .. CJ .tom Conference Overview The annual conference includes general sessions on Monday and Tuesday mornings that feature recognized leaders in the government finance profession and offers concurrent sessions that address topical issues in government finance. Create your own curriculum from among concurrent sessions in seven tracks offered over three days. Sessions cover the following areas: • Accounting, Auditing, and Financial Reporting • Budgeting and Financial Planning • Cash Management and Investing • Debt Management • Management and Policy • Pension and Benefits • Technology and Digital Government See the latest innovations from exhibitors offering management- and finance -related products and services to local, state, and provincial governments. The GFOA's exhibit hall is open Sunday through Tuesday. Visit www.gfoa.org for a list of current exhibitors or information on exhibiting. While in the hall, be sure to stop by GFOP;s Products and Services Booth to keep up to date on GFOA's recent happenings. A GFOA staff member will be available at all times to answer any questions. Senior staff members, including the GFOA's Director of Technical Services and author of Accounting for Capital Assets: A Guide for State and Local Governments, Stephen J. Gauthier, will be present to discuss hot topics in government finance. GFO. Stop by the GFOA YieldAdvantageTM booth in the exhibit hall to learn how this Web -based tool can help you purchase certificates of deposit (CDs). It streamlines the process of collecting, comparing, improving, and awarding bids for your CD monies. In the process, it increases competition and enhances yields. See what other governments across the country are already doing with GFOA YieldAdvantage.TM The GFOA's Certified Public Finance Officer program continues with the administration of all five examinations on Friday, June 26. Technical and administrative support for the program is provided by Radford University's Governmental and Nonprofit Assistance Center. For an application packet, please go to the certification section on the GFOAs Web site at www.gfoa.org or call Radford University at 540-831-5453. SEATTLE 12009 W _ .p 05 C.J Hot Topics 06 Sessions and discussion groups will cover the full gamut of recent developments that are likely to affect accountants and auditors who practice in the public sec- tor. Individual sessions will be devoted to the most recent guidance from the Governmental Accounting Standards Board (e.g., major changes in the presen- tation of fund balance, new limitations on the use of certain governmental fund types, definitive guidance on derivatives, technical clarifications from the latest edition of the Comprehensive Implemen- tation Guide) and the GFOA (e.g., best practices and common reporting defi- ciencies). Sessions also will cover the latest developments in public -sector auditing from the American Institute of Certified Public Accountants, the Gov- ernment Accountability Office, and the Office of Management and Budget. Still others will explore aspects of internal control, internal audit, fraud prevention, and capital asset management. It is possible to earn up to 21 continuing professional education (CPE) credits at the GFOA's annual conference. Additional CPE credits can be earned by attending one or more of the GFOA's preconference seminars The GFOA is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the. National Registry of CPE Sponsors �• 150 Fourth Avenue North • Suite 700 P Nashville, TN 37219-2417 S Hso0. www.nasba.org Unprecedented volatility in the U.S. economy has added more budget challenges for already stressed govern- ments. Budgeting and financial planning sessions will cover a wide variety of top- ics, including how to effectively budget for tight fiscal times and recommended practices in merging budgets for shared services initiatives. Discover new tech- niques in forecasting and long-range financial planning. Implement perform- ance measurement in your small, mid- size, or large organization. Public -sector budget experts will share their experi- ences integrating citizen participation into the budget process and will offer tips and traps for the budget develop- ment process. Trends in the banking, economic, and cash management landscapes have been increasingly difficult to forecast. Market instability has challenged public -sector financial leaders as they try to make effective cash management and invest- ment decisions. Cash management and investment experts will discuss trends in the field and methods for improving the treasury function. Technologies such as the use of online bill pay to efficiently collect revenue will be detailed. In addi- tion, investment management profes- sionals will discuss how to ride out turbulent market times, identify the warning signs, and help finance officers be alert for potential issues in their own portfolios. Timely advice will be provided to session participants regarding various aspects of the changing debt management land- scape. Special focus will be placed on ways governments can access the debt market and secure credit enhancements following the recent upheaval in the capital markets. Sessions will also focus on record -keeping practices and other post -issuance compliance areas such as arbitrage, and other management poli- cies, including questions to ask before approving a bond issue. A review of GFOA's recommended practices on OPEB and pension obligation bonds will also be presented. A regulatory/judicial update on recent legislation affecting the work of public finance officers will also be presented, including the SEC's initiative to mandate use of a central repository for continuing disclosure documents. Finance officers must be leaders of their departments while assisting governing boards and other senior management with determining policy and direction for their organization. Sessions will ex- plore leadership characteristics and teach finance officers how to acquire the tools and skills to be successful in this area. In addition, the issues of "green govern- ment" and infrastructure sustainability that have rapidly climbed to the top of the finance officer's to-do list will be ad- dressed. From alternative work weeks to achieving costs savings through "green government" initiatives, management and policy sessions will explore recent trends in economic development, infra- structure improvement, sustainability initiatives, and additional cutting -edge tools and techniques for the finance officer. Are you still struggling with how to man- age your OPEB liabilities? Are you inter- ested in re -designing your organization's pension and benefit structure? Confer- ence sessions will focus on pension and benefit management, reporting for and financing impending OPEB liabilities, and proven methodologies in analyzing retirement plan fees. In addition, topics such as health care restructuring and ap- proaches for the development of shared benefit programs and fitness initiatives will also be addressed. The use of GIS as a spatial representation of financial data has become a popular method to increase citizen participation and organizational accountability. In ad- dition, proper control of information to the public has increased in importance, as un-regulated sites such as Wikipedia and the social networking site Facebook are becoming increasingly utilized tech- nology tools. The 2009 GFOA conference technology sessions will explore these and other issues and how new technolo- gies can be effectively utilized in local governments. The business case for technology purchases and the quantified return of the investment will be empha- sized in sessions that will highlight ways to implement new technology in tight fiscal times. / ` I COUNCIL/RDA MEETING DATE: December 16, 2008 ITEM TITLE: Adoption of a Resolution to Tax Defer Member Paid Contributions to the California Public Employees' Retirement System RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council permitting tax deferred member paid contributions to the California Public Employees' Retirement System. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Internal Revenue Code (IRC) Section 414(h)(2) allows public agencies and school employers to designate required employee contributions as being "picked -up" by the employer and treated as employer contributions for tax purposes. The effect of a pick-up is to defer tax on employee contribution amounts until the member retires and receives retirement benefits, or separates from employment and takes a refund of contributions. CalPERS has requested from its contracting agencies and school employers the adoption and submission of appropriate written evidence of pick-ups prior to reporting tax -deferred member contributions to CalPERS. The deadline set by Revenue Ruling 2006-43 for adopting conforming documentation is December 31, 2008. 350 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council permitting tax deferred member paid contributions to the California Public Employees' Retirement System; or 2. Do not adopt a Resolution of the City Council permitting tax deferred member paid contributions to the California Public Employees' Retirement System; or 3. Provide staff with alternative direction. Respectfully submitted, � ? Bret M. Plumlee, Assistant City Manager — Management Services Approved for submission by: Thomas P. Genovese, City Manager 351 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, TO TAX DEFER MEMBER PAID CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM EMPLOYER "PICK-UP" OF EMPLOYEE CONTRIBUTIONS WHEREAS, the City of La Quinta has the authority to implement the provisions of section 414(h)(2) of the Internal Revenue Code (IRC); and WHEREAS, the Board of Administration of the Public Employees' Retirement System adopted its resolution regarding section 414(h)(2) IRC on September 18, 1985; and WHEREAS, the Internal Revenue Service has stated in December 1985, that the implementation of the provisions of section 414(h)(2) IRC pursuant to the Resolution of the Board of Administration would satisfy the legal requirements of section 414(h)(2) IRC; and WHEREAS, the City of La Quinta has determined that even though the implementation of the provisions of section 414(h)(2) IRC is not required by law, the tax benefit offered by section 414(h)(2) IRC should be provided to its employees who are members of the Public Employees' Retirement System, and the City of La Quinta has been providing this benefit to employees since 1983. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: I. That the City of La Quinta will implement the provisions of section 414(h)(2) Internal Revenue Code by making employee contributions pursuant to California Government Code section 20691 to the Public Employees' Retirement System on behalf of its employees who are members of the Public Employees Retirement System. "Employee contributions" shall mean those contributions to the Public Employees' Retirement System which are deducted from the salary of employees and are credited to individual employee's accounts pursuant to California Government Code section 20691. II. That the contributions made by the City of La Quinta to the Public Employees' Retirement System, although designated as employee contributions, are being paid by the City of La Quinta in lieu of contributions by the employees who are members of the Public Employees' Retirement System. 352 Resolution No. 2008- Employee "Pick-up" of Employer Contribution To CalPERS Adopted: December 16, 2008 Page 2 III. That employees shall not have the option of choosing to receive the contributed amounts directly instead of having them paid by the City of La Quinta to the Public Employees' Retirement System. IV. That the City of La Quinta shall pay to the Public Employees' Retirement System the contributions designated as employee contributions from the same source of funds as used in paying salary. V. That the amount of the contributions designated as employee contributions and paid by the City of La Quinta to the Public Employees' Retirement System on behalf of an employee shall be the entire contribution required of the employee by the Public Employees' Retirement Law (California Government Code sections 20000, et seq.). VI. That the contributions designated as employee contributions made by the City of La Quinta to the Public Employees' Retirement System shall be treated for all purposes, other than taxation, in the same way that member contributions are treated by the Public Employees' Retirement System. VII. The effective date of this Resolution shall be November 1, 1983, (bringing past and current practices into compliance). PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 16th day of December, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 353 Resolution No. 2008- Employee "Pick-up" of Employer Contribution To CalPERS Adopted: December 16, 2008 Page 3 ATTEST: VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 354 ceit9r,, 4 4P Q"!Kraj COUNCIL/RDA MEETING DATE: December 16, 2008 ITEM TITLE: Adoption of Resolution Approving a Purchase and Sale Agreement Between the City and Urban Housing Communities for the Purchase of Land Located East of Dune Palms, South of Highway 111, Making Findings Pursuant to Health and Safety Code 33445, and Consenting to the Expenditure of Funds by the La Quinta Redevelopment Agency for this Acquisition RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: a % STUDY SESSION: PUBLIC HEARING: Adopt the attached resolution approving a Purchase and Sale Agreement (Attachment 1), making findings pursuant to Health and Safety Code Section 33445, and consenting to the expenditure of funds by the La Quinta Redevelopment Agency for this acquisition. FISCAL IMPLICATIONS: This acquisition will be funded by the La Quinta Redevelopment Agency. The Agency will expend $620,730 plus closing costs to acquire this property; $310,365 will be funded from the Project No. 2 Housing Fund and $310,365 from the Project No. 2 Redevelopment Fund. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City has been negotiating with Urban Housing Communities ("UHC") since November 2007 to acquire a 0.75 acre parcel of land adjacent to the Redevelopment Agency's Dune Palms/Highway 111 property. The City wishes to 355 acquire this parcel to accommodate a public roadway which would intersect with Dune Palms Road and travel through the Agency's 18.0 acre Dune Palms/Highway 111 property ("Agency Property"). This road would provide primary access to the affordable apartment home community proposed for 9.0 acres of the Agency Property, secondary access to the commercial uses proposed 9.0 acres of the Agency Property, secondary access to the Komar Center including Costco, and primary access to the Desert Sands Unified bus yard and warehouse facilities. The City commissioned Capital Realty Analysts to prepare an appraisal for this property. The appraisal was updated in August 2008, which identified a value of $620,000 or $19.00 per square foot. This value was the subject of continued negotiations with Urban Housing Communities. The City transmitted a best and final offer of $620,000 to UHC on December 4, 2008; UHC subsequently accepted this offer. Pursuant to Health and Safety Code Section 33445, the Agency may fund the cost to acquire land and construct public improvements if the City Council makes certain findings that support this expenditure, and if the City Council consents to having the Agency expend these funds. Staff recommends that the City Council find that this expenditure is needed because: ■ This property is needed to accommodate a public road. ■ The public road will: ✓ Provide access to an affordable housing development that will increase and improve the community's supply of affordable housing; ✓ Provide secondary access to new commercial development that will front Highway 111; ✓ Provide secondary access to the Komar Center, thus improving traffic circulation in this portion of Project Area No. 2; ✓ Provide primary access to the Desert Sands Unified School District's bus yard and warehouse facilities; ✓ Result in a signalized intersection at Dune Palms Road that will facilitate better, controlled traffic circulation in this portion of Project Area No. 2. Staff further recommends that the City Council consent to these expenditures to achieve the benefits outlined above. 356 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt the attached resolution approving a Purchase and Sale Agreement, making findings pursuant to Health and Safety Code Section 33445, and consenting to the expenditure of funds by the La Quinta Redevelopment Agency for this acquisition; 2. Do not approve the subject Purchase and Sale Agreement; or 4. Provide staff with alternative direction. Respectfully submitted, Doug s RAvans Assistant City Manager — Development Services Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Purchase and Sale Agreement 357 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY OF LA QUINTA APPROVING A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY AND URBAN HOUSING COMMUNITIES FOR THE PURCHASE OF LAND LOCATED EAST SIDE OF DUNE PALMS ROAD, SOUTH OF HIGHWAY 111, MAKING FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 AND CONSENTING TO THE USE OF LA QUINTA REDEVELOPMENT FUNDS FOR THE ACQUISITION WHEREAS, in order to improve traffic circulation in the vicinity of Highway 111 and Dune Palms Road, the City of La Quinta has proposed to construct a new public roadway ("Roadway Improvements") which will allow traffic to access businesses and proposed residential development east of Dune Palms Road and south of Highway 111 without having to drive along Highway 111; and WHEREAS, the Roadway Improvements will also enhance the emergency vehicle access to the general area; WHEREAS, the Roadway Improvements are proposed in connection with the Desert Sand Unified School District in an effort to coordinate and jointly facilitate bus and passenger vehicle traffic in the area; WHEREAS, the lack of adequate roadways was documented as one of the conditions of blight that justified the formation of Project Area 2; WHEREAS, constructing the Roadway Improvements would afford the La Quinta Redevelopment Agency the opportunity to address the aforementioned conditions of blight; and WHEREAS, constructing the Roadway Improvements would enhance the safe access to and from the Agency's proposed affordable housing project located east of Dune Palms and south of Highway 111; and WHEREAS, there is inadequate funding within the City's General Fund or from other sources to develop the Roadway Improvements; and WHEREAS, it would be in the best interest of the public to pursue the construction of the Roadway Improvements; and WHEREAS, the City and the owner of the right-of-way needed for the Roadway Improvements have negotiated a purchase and sale agreement to effectuate the City's acquisition of the right-of-way. "... 1 358 Resolution No. 2008- Purchase & Sale - Urban Housing Communities Adopted: December 16, 2008 Page 2 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La Quinta as follows: SECTION 1. The above recitations are true and correct and are adopted as the findings of the City Council. SECTION 2. Pursuant to Health and Safety Code Section 334451a1, the City Council finds and determines that: A. The construction of the Roadway Improvements is of benefit to Project Area No. 2, and to the immediate neighborhood in which the Roadway Improvements are to be located, in that it will improve the flow of traffic, reduce the number of traffic trips on Highway 1 1 1, and enhance the ability of emergency vehicles to service the area. B. No other reasonable means of financing the Roadway Improvements are available to the community. C. The payment of funds for the development of the Roadway Improvements will assist in the elimination of one or more blighting conditions inside the Project Area, including the lack of adequate roadways, will also assist in the Agency's provision of affordable housing, and is consistent with the Agency's implementation plans adopted pursuant to Section 33490. Section 3. The City hereby consents to the expenditure of redevelopment funds for the acquisition of the right-of-way for the Roadway Improvements. Section 4. The City hereby approves the Purchase and Sale Agreement between the City and Urban Housing Communities, LLC, for the purchase of the right- of-way needed for the Roadway Improvements, and authorizes the City Manager to execute the Agreement and all other necessary document, including the acceptance of the Grant Deed for the property, subject to any further revisions approved by the City Manager and the City Attorney. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on the 16th of December, 2008, by the following vote: AYES: NOES: .. 359 Resolution No. 2008- Purchase & Sale - Urban Housing Communities Adopted: December 16, 2008 Page 3 ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA MONTECINO, CIVIC, City Clerk City of La Quinta, California (Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta 360 ATTACHMENT 1 AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS THIS AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS ("Agreement') is made and entered into as of December , 2008 ("Effective Date") by and between URBAN HOUSING COMMUNITIES LLC, a California limited liability company ("Seller") and the CITY OF LA QUINTA, a California municipal corporation ("Buyer"). RECITALS: A. Seller is the owner of that certain real property located in the City of La Quinta, County of Riverside, State of California, more particularly described in the legal description attached hereto as Exhibit "A" (the "Land"). The Land, together with all improvements thereon, all easements, licenses, and interests appurtenant thereto, and all development rights, governmental approvals, and land entitlements, owned or held by Seller, to the extent pertaining to the Land is collectively referred to herein as the "Property." B. Buyer desires to purchase the Property from Seller, and Seller desires to sell the Property to Buyer, on the terms and conditions set forth herein. C. On , 2008, Buyer issued an offer letter to Seller pursuant to Government Code Section 7267.2 in order to acquire the Real Property for purposes of roadway improvements, specifically the installation of a new roadway that will intersect with Dune Palms Road. Buyer had previously issued its notice of intent to appraise the Real Property and had caused an appraisal to be prepared in accordance with Government Code Section 7267.1(b). This Agreement is entered into in accordance with Government Code Section 7267.1(a) lieu of condemnation proceedings under Code of Civil Procedure Section 1245.210, et seq. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing recitals and mutual covenants herein contained, the parties hereto agree as follows: 1. PROPERTY. Subject to all of the terms, conditions and provisions of this Agreement, and for the consideration herein set forth, Seller hereby agrees to sell the Property to Buyer and Buyer hereby agrees to purchase the Property from Seller. 2. PURCHASE PRICE. 2.1 Amount. The purchase price which Seller agrees to accept and Buyer agrees to pay for the Property is the sum of SIX HUNDRED TWENTY THOUSAND SEVEN HUNDRED THIRTY DOLLARS ($620,730.00) ("Purchase Price"). The parties agree that the Purchase Price reflects the full payment that Seller will receive from Buyer for the Property, and is inclusive of any claims for relocation, loss of goodwill, lost profits, lost business income. 119/015610-0106 _ 975706.03 a12/11/08 _ l ��. 361 Seller waives all and any right it may have to seek additional compensation for such claims as more fully set forth in Section 3 below. 2.2 moment of Purchase Price. On or before 5:00 p.m. on the business day preceding the "Closing Date" (as that term is defined in Section 6.1) or such earlier time as required by "Escrow Holder" in order to close "Escrow" (as those terms are defined in Section 4.1) on the Closing Date, Buyer shall deposit with Escrow Holder the Purchase Price. 3. RELOCATION ASSISTANCE. Buyer's payment to Seller of the Purchase Price shall constitute full and complete satisfaction of any obligation Buyer may have for providing relocation assistance to Seller and paying its relocation costs, if any, required to comply with all applicable federal, state and local laws, rules and regulations arising out of, based upon, or relating to, relocation assistance or benefits owing under Government Code § 7260 et seg., Title 25 of the California Code of Regulations, Section 6000 et seq., or under any other federal, state or local relocation statutes, regulations or guidelines, including but not limited to, any such regulations or guidelines of Buyer. Seller, for itself and for its agents, successors, assigns, and all entities related to any of the foregoing, and on behalf of all persons claiming any interest in the Property or this Agreement fully releases, acquits and discharges the Buyer and its officers, officials, members, directors, employees, attorneys, accountants, other professionals, insurers, and agents, and all entities, boards, commissions, and bodies related to any of them (all of the foregoing, collectively, the "Released Parties"), from all rights, claims, demands, actions or causes of action that Seller, or any of them, has or may have against the Released Parties arising out of or related to Buyer's acquisition of the Property or the displacement of Seller from the Property, including, but not limited to all of Seller's property rights and interests in the Property, and including but not limited to relocation benefits and assistance, all leasehold interests and rights of tenancy or occupancy, all improvements, all improvements pertaining to the realty, furniture, fixture, and equipment, business goodwill, lost income (past or future), failure to locate a suitable replacement location, lost rental income or sublease or license income, severance damages, pre - condemnation damages, if any, economic or consequential damages, professional consultant fees, attorney's fees and costs, expert witness fees and costs, interest , all other costs, and any and all compensable interests, and/or damages, and/or claims, of any kind and nature, claimed or to be claimed, suffered or to be suffered, by Seller, and any of them, by reason of Buyer's acquisition of the Property or Seller's displacement from the Property. Seller, on behalf of itself and its agents, successors, assigns, and all entities related to any of the foregoing, and on behalf of all persons claiming any interest in the Property or this Agreement, and as owner, principal, director, partner, shareholder, agent, or representative of any business, enterprise, or venture, expressly waive any and all rights under Section 1542 of the Civil Code of the State of California, or any other federal or state statutory rights or rules, or principles of common law or equity, or those of any jurisdiction, government, or political subdivision thereof, similar to Section 1542 (hereinafter referred to as a "Similar Provision"). Thus, Seller and each of them, and any business, enterprise, or venture in which it is involved, may not invoke the benefits of Section 1542 or any Similar Provision in order to prosecute or assert in any manner claims released hereunder. Section 1542 provides as follows: 119/015610-0106 -2- 97570603al2/11/08 362 ,ti . "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." Seller's Initials: In the event any occupants or lessees of the Property shall be entitled to relocation assistance, Seller shall have the sole and exclusive responsibility for providing relocation assistance and paying all relocation costs required to comply with all applicable federal and state laws, rules, and regulations. Seller shall indemnify, defend, and hold the Released Parties harmless from and against any claims, liabilities, damages, or losses made against it by tenants or occupants of the Property or any third party claiming an interest in the Property, including without limitation claims for relocation assistance and inverse condemnation. 4. ESCROW. 4.1 Opening of Escrow. Closing of the sale of the Property shall take place through an escrow ("Escrow") to be established within three (3) business days after the execution of this Agreement by the parties hereto, with Chicago Title ("Escrow Holder") at its office located at 4100 Newport Place Dr., Suite 120, Newport Beach, CA 92660. The opening of the Escrow (the "Opening of Escrow") shall be deemed to be the date that a fully executed copy of this Agreement is delivered to the Escrow Holder. Escrow Holder is instructed to notify Buyer and Seller in writing of the date of the Opening of Escrow. 4.2 Escrow Instructions. This Agreement, once deposited in Escrow, shall constitute the joint escrow instructions of Buyer and Seller to Escrow Holder. Additionally, if Escrow Holder so requires, Buyer and Seller agree to execute the form of escrow instructions that Escrow Holder customarily requires in real property escrows administered by it. In the event of any conflict or inconsistency between Escrow Holder's standard instructions and the provisions of this Agreement, the provisions of this Agreement shall supersede and be controlling. The parties additionally agree to the Escrow Holder's standard terms, a copy of which is attached hereto as Exhibit D and to the additional supplemental instructions contained in Exhibit E. 5. INSPECTION AND REVIEW. 5.1 Title Matters. Buyer shall obtain a preliminary title report prepared by Chicago Title ("Title Company") describing the state of title of the Property together with copies of all underlying documents (collectively, the "Preliminary Title Report"). Buyer may, at its sole cost and expense, obtain a current survey of the Property (the "Survey"). Notwithstanding anything herein to the contrary, Seller shall be obligated to remove all monetary encumbrances against the Property excluding non -delinquent real property taxes (except as otherwise provided for in Section 9 below). Buyer shall notify Seller in writing of any objections Buyer may have to title exceptions contained in the Preliminary Title Report or matters shown on the Survey (if Buyer has obtained) no later than the date which is fifteen (15) days after the later of (i) its receipt of the Preliminary Title Report or (ii) its receipt of the Survey ("Buyer's Objection Notice"). 119/015610-0106 975706.03 a12/11/08 -3- 303 Buyer's approval or disapproval of the matters set forth in the Preliminary Title Report (and the Survey, if applicable) may be granted or withheld in Buyer's sole and absolute discretion. Buyer's failure to provide Seller with a Buyer's Objection Notice within said period shall constitute Buyer's approval of all exceptions to title shown on the Preliminary Title Report and all matters shown on the Survey (if Buyer has obtained). Seller shall have a period of five (5) days after receipt of Buyer's Objection Notice in which to deliver written notice to Buyer ("Seller's Notice") of Seller's election to either (i) agree to remove the objectionable items on the Preliminary Title Report or Survey prior to the Close of Escrow, or (ii) decline to remove any such title exceptions or Survey matters and terminate Escrow and the obligations of Buyer and Seller to purchase and sell the Property under this Agreement. Seller's failure to provide Buyer with Seller's Notice within said period shall constitute Seller's election to remove the objectionable items on the Preliminary Title Report. If Seller notifies Buyer of its election to terminate rather than remove the objectionable items on the Preliminary Title Report or Survey, Buyer shall have the right, by written notice delivered to Seller within five (5) days after Buyer's receipt of Seller's Notice, to agree to accept the Property subject to the objectionable items, in which event Seller's election to terminate shall be of no effect, and Buyer shall take title at the Close of Escrow subject to such objectionable items without any adjustment to or credit against the Purchase Price. All exceptions to title shown on the Preliminary Title Report, other than those which Seller may agree to remove pursuant to this Section 5.1, shall be deemed to have been approved by Buyer unless Seller is notified otherwise in writing. Upon the issuance of any amendment or supplement to the Preliminary Title Report which adds additional exceptions, including any survey exceptions, the foregoing right of review and approval shall also apply to said amendment or supplement. The process set forth above for Buyer's review and Seller's response shall apply to any review and response with respect to any amendment or supplement to the Preliminary Title Report, and the Closing shall be extended for such period as is necessary to allow for that review and response process to be completed. 5.2 Due Diligence. For a period of twenty (20) days (the "Due Diligence Period"), Buyer shall have the right to examine, inspect and investigate the Property and, at Buyer's sole and absolute discretion, to determine whether the physical and environmental condition of the Property is acceptable to Buyer. Seller shall permit Buyer, its engineers, analysts, contractors, lenders and agents to conduct physical inspections of the Property, including soil, subsurface soils, drainage, seismic and other geological and topographical matters, location of toxic substances, hazardous materials or wastes, if any, and any other investigations as Buyer deems prudent with respect to the physical condition of the Property. Such investigations may be made by Buyer and/or its agents during any normal business hours. Such physical inspections and investigations of the Property shall be conducted only upon no less than twenty-four (24) hours' notice to Seller. Seller shall have the right, but not the obligation, to accompany Buyer during such investigations and/or inspections but shall not interfere therewith. Buyer shall repair any and all damage to the Property caused by such inspections or investigations in a timely manner and shall indemnify and defend the Seller from and against any liability arising from Buyer's physical inspection hereunder. Buyer shall notify Seller and Escrow Holder in writing ("Buyer's Due Diligence Notice") on or before the expiration of the Due Diligence Period of Buyer's approval or disapproval of the condition of the Property, and Buyer's investigations with respect thereto. Buyer's failure to deliver Buyer's Due Diligence Notice on or before the expiration of the Due Diligence Period shall be conclusively deemed Buyer's disapproval thereof. 119/015610-0106 364 975706.03 a12/11/08 -4- 6. CLOSE OF ESCROW. 6.1 Close of Escrow: Closing Date. Provided that all of the conditions of this Agreement precedent to the "Close of Escrow" (as hereinafter defined) as set forth in Section 10 below have been satisfied (or waived by the appropriate party) prior to or on the Closing Date, the Closing of this transaction for the sale and purchase of the Property shall take place on January 30, 2009 ("Outside Closing Date"). Notwithstanding the foregoing, Buyer and Seller each agree to use its best efforts to advance the Closing to a date that is on or before December 31, 2008 ("Target Closing Date"), and so long as all of "Buyer's Conditions to Closing" and all of "Seller's Conditions to Closing" (as those terms are defined in Section 10) have been satisfied (or waived by the appropriate party), Seller and Buyer may elect to authorize the Closing before the Outside Closing Date. The terms "Close of Escrow", "Closing Date" and the "Closing" are used herein to mean the time Seller's grant deed conveying fee title to the Property to Buyer is recorded in the Official Records of the Office of the County Recorder of Riverside ("Official Records"). If Escrow is not in a condition to close by the Outside Closing Date, either party not then in default hereunder may, upon five (5) days advance written notice to the other party and Escrow Holder, elect to terminate this Agreement and the Escrow. No such termination shall release either party then in default from liability for such default. If neither party so elects to terminate this Agreement and the Escrow, Escrow Holder shall close the Escrow as soon as possible. 6.2 Recordation: Release of Funds and Documents. 6.2.1 Escrow Holder is directed, on the Closing Date, to record in the Official Records, the following documents in the order listed: (i) the grant deed (in the form attached hereto as Exhibit `B") transferring title to the Property to Buyer ("Grant Deed"); and (ii) such other and further documents as may be directed jointly by Buyer and Seller. 6.2.2 Upon the Closing, Escrow Holder shall deliver (i) the Purchase Price, less any amount to pay property taxes and/or assessments allocable to Seller pursuant to Section 9, and (ii) conformed copies of all recorded documents to both Buyer and Seller. DELIVERY OF DOCUMENTS REQUIRED FROM BUYER AND SELLER. 7.1 Buyer's Obligations. Buyer agrees that on or before 5:00 p.m. of the last business day immediately preceding the Closing Date, Buyer shall deposit or cause to be deposited with Escrow Holder the following: (a) the Purchase Price; and (b) any and all additional funds, instruments or other documents required from Buyer (executed and acknowledged where appropriate) as may be reasonably necessary in order for the Escrow Holder to comply with the terms of this Agreement. 7.2 Seller's Obligations. Seller agrees that on or before 5:00 p.m. of the last business day immediately preceding the Closing Date, Seller shall deposit or cause to be deposited with Escrow Holder each of the following: 119/015610-0106 _ 975706.03 a12/11/08 _5 [ (a) the executed and acknowledged Grant Deed, subject only to the Permitted Exceptions (defined hereafter); (b) a Certificate of Non -Foreign Status (the "Non -Foreign Affidavit") executed and acknowledged by Seller in the form attached hereto as Exhibit "C"; and (c) all other funds, items, and instruments required from Seller (executed and acknowledged where appropriate) as may be reasonably necessary in order for Escrow Holder to comply with the provisions of this Agreement. 8. TITLE INSURANCE POLICY. 8.1 Title Policv. At the Closing Date, the Title Company, as insurer, shall issue a CLTA owner's standard coverage policy of title insurance ("Title Policy"), in favor of Buyer, as insured, with liability in the amount of the Purchase Price, subject to the following (the "Permitted Exceptions"): (a) non -delinquent real property taxes, subject to Seller's obligations to pay certain taxes pursuant to Section 9 below; (b) covenants, conditions, restrictions and reservations of record that do not interfere with the Buyer's proposed use of the Property, as determined in the sole and absolute discretion of Buyer; (c) easements or rights -of -way over the Property for public or quasi -public utility or public street purposes; (d) title exceptions approved or deemed approved by Buyer pursuant to Section 5.1 above; (e) any other exceptions approved by Buyer; and (f) the standard printed conditions and exceptions contained in the CLTA standard owner's policy of title insurance regularly issued by the Title Company. 8.2 Payment for Title Policy. Buyer shall be responsible for the charges for the Title Policy with coverage up to the amount of the Purchase Price. Buyer shall pay any additional coverage or endorsements it requests. Buyer may, at its election and expense, request an ALTA extended policy of title insurance. Buyer shall also pay for the Survey, if applicable. 9. REAL PROPERTY TAXES AND ASSESSMENTS. Upon Buyer's acquisition of fee title to the Property, the Property will be exempt from the payment of property taxes due to Buyer's status as a public agency. Seller shall be responsible for paying (through Escrow at Closing) all real and personal property taxes and assessments which are of record as of the Closing Date and/or have accrued against the Property prior to (and including) the Closing Date (notwithstanding whether such taxes and/or assessments are due and payable as of the Closing Date). Seller shall be responsible for paying for all real or personal property taxes or assessments assessed against the Property after the Closing for any period prior to the Closing. 119/015610-0106 975706.03 al2/11/08 -6- .. 366 10. CONDITIONS PRECEDENT TO CLOSING. 10.1 Conditions Precedent to Buyer's Obligations. The obligations of Buyer under this Agreement to purchase the Property and close the Escrow shall be subject to the satisfaction or signed written waiver by Buyer of each and all of the following conditions precedent (collectively, "Buyer's Conditions to Closing"): (a) on the Closing Date, the Title Company shall be irrevocably committed to issue the Title Policy pursuant to Section 8 above insuring fee title to the Property as being vested in Buyer, subject only to the Permitted Exceptions; (b) Buyer's approval of the physical and environmental condition of the Property pursuant to Section 5.2; (c) Escrow Holder holds all instruments and funds required for the Closing and will deliver to Buyer the instruments and funds, if any, accruing to Buyer pursuant to this Agreement; (d) except as otherwise permitted by this Agreement, all representations and warranties by the Seller in this Agreement shall be true on and as of the Closing Date as though made at that time and all covenants of Seller pursuant to this Agreement shall have been fulfilled by the Closing Date; and (e) Seller is not in material default of any term or condition of this Agreement. In the event that any of Buyer's Conditions to Closing are not satisfied, deemed satisfied, or waived in a writing signed by Buyer prior to the expiration of the applicable period for satisfaction or waiver, Buyer may terminate this Agreement. 10.2 Conditions Precedent to Seller's Obligations. The obligations of Seller under this Agreement shall be subject to the satisfaction or signed written waiver by Seller of each and all of the following conditions precedent ("Seller's Conditions to Closing"): (a) Escrow Holder holds the Purchase Price and all other instruments and funds required for the Closing and will deliver to Seller the instruments and funds, including but not limited to the Purchase Price (less Seller's closing costs) accruing to Seller pursuant to this Agreement; (b) except as otherwise permitted by this Agreement, all representations and warranties by the Buyer in this Agreement shall be true on and as of the Closing Date as though made at that time and all covenants of Buyer pursuant to this Agreement shall have been fulfilled by the Closing Date; and (c) Buyer is not in material default of any term or condition of this Agreement. 119/015610-0106 _7_ 975706.03 al2/11/06 367 In the event that any of Seller's Conditions to Closing are not satisfied, deemed satisfied, or waived in a writing signed by Seller prior to the expiration of the applicable period for satisfaction or waiver, Seller may terminate this Agreement. 11. POSSESSION. Possession of the Property shall be delivered by Seller to Buyer on the Closing Date, subject only to the Permitted Exceptions. 12. ALLOCATION OF COSTS. 12.1 Buyer's Costs. Buyer shall pay all closing costs associated with this Agreement and the conveyance of the Property from Seller to Buyer, including any and all escrow and title fees, recording fees, documentary transfer tax, the premium for the Title Policy (plus any additional fee for ALTA extended coverage and/or title endorsements requested by Buyer), and Buyer's own attorney's fees in connection with this Agreement and the transactions contemplated hereby. 12.2 Seller's Costs. Seller shall pay Seller's own attorney's fees, if any, in connection with this Agreement and the transactions contemplated hereby. 13. CONDEMNATION. In the event that, prior to the Close of Escrow, any governmental entity (other than the City) shall commence any proceedings of or leading to eminent domain or similar type proceedings to take all or any portion of the Property, Buyer or Seller shall promptly meet and confer in good faith to evaluate the effect of such action on the purposes of this Agreement. 14. HAZARDOUS MATERIALS. To the best of Seller's knowledge, the Property has not at any time been used for the purposes of storing, manufacturing, releasing or dumping Hazardous Materials. For purposes of this Agreement, the term "Hazardous Materials" shall mean (1) hazardous wastes, hazardous materials, hazardous substances, hazardous constituents, toxic substances or related materials, whether solids, liquids or gases, including, but not limited to, substances deemed as "hazardous wastes," "hazardous materials," "hazardous substances," "toxic substances," "pollutants," "contaminants," "radioactive materials," or other similar designations in, or otherwise subject to regulation under, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended ("CERCLA"), 42 U.S.C. § 9601 et seq.; the Toxic Substance Control Act ("TSCA"), 15 U.S.C. § 2601 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. § 1802; the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 9601, et seq.; the Clean Water Act ("CWA"), 33 U.S.C. § 1251 et seq.; the Safe Drinking Water Act, 42 U.S.C. § 300 et seq.; the Clean Air Act ("CAA"), 42 U.S.C. § 7401 et seq.; the Hazardous Waste Control Law, California Health and Safety Code § 25025 et seq., the Carpenter -Presley -Tanner Hazardous Substance Account Act, California Health and Safety Code, Division 20, Chapter 6.8, the Hazardous Materials Release Response Plans and Inventory Act, California Health and Safety Code, Division 20, Chapter 6.95, The Underground Storage of Hazardous Substances Act, California Health and Safety Code, Division 20, Chapter 6.7, the Porter -Cologne Act, California Water Code § 13050 et seq. and in any permits, licenses, approvals, plans, rules, regulations or ordinances adopted, or other criteria and guidelines promulgated pursuant to the preceding laws or other similar federal, state or local laws, regulations, rules or ordinances now or hereafter in effect relating to environmental matters 119/015610-0106 975706.03 al2/I1/08 -8- No (collectively the "Environmental Laws"); and (ii) any other substances, constituents or wastes subject to any applicable federal, state or local law, regulation, ordinance or common law doctrine, including any Environmental Law, now or hereafter in effect, including, but not limited to, (A) petroleum, (B) refined petroleum products, (C) waste oil, (D) waste aviation or motor vehicle fuel, (E) asbestos, (F) lead in water, paint or elsewhere, (G) radon, (H) polychlorinated biphenyls (PCB's) and (I) ureaformaldehyde. 15. COVENANTS OF SELLER. Seller agrees that during the period between the Effective Date of this Agreement and the Closing Date: (a) Seller shall maintain the Property in not less than the state of repair as that existing on the Effective Date (excepting ordinary wear and tear); (b) Seller shall not convey, grant, lease, assign, mortgage, hypothecate, encumber, or otherwise transfer (on or off record) the Property or any interest therein; (c) Prior to Closing, Seller shall maintain Seller's existing insurance, if any, on the Property; and (d) Prior to the Closing, Seller shall not alter the physical condition of the Property or introduce or release, or permit the introduction or release, of any Hazardous Materials in, from, under, or on the Property. 16. MISCELLANEOUS. 16.1 Assignment. This Agreement shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heirs, personal representatives, successors and assigns. Neither party to this Agreement may assign this Agreement or any interest or right hereunder or under the Escrow without the prior written consent and approval of the other party, which consent and approval may be withheld in the sole and absolute discretion of either party. No provision of this Agreement is intended nor shall in any way be construed to benefit any party not a signatory hereto or to create a third party beneficiary relationship. 16.2 Notices. All notices under this Agreement shall be effective upon personal delivery, via facsimile so long as the sender receives confirmation of successful transmission from the sending machine, or three (3) business days after deposit in the United States mail, registered, certified, postage fully prepaid and addressed to the respective parties as set forth below or as to such other address as the parties may from time to time designate in writing: To Seller: Urban Housing Communities LLC 2000 East Fourth Street, 4205 Santa Ana, CA 92705 Copy to: 119/015610-0106 975706.03 a12/1 1/08 -9- 30 To Buyer: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Manager Facsimile No.: (760) 777-7101 Copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, California 92628-1950 Attn: M. Katherine Jenson, Esq. Facsimile No.: (714) 546-9035 16.3 Fair Meaning. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. 16.4 Headings. The headings at the beginning of each numbered Section of this Agreement are solely for the convenience of the parties hereto and are not a part of this Agreement. 16.5 Choice of Laws: Litigation Matters. This Agreement shall be governed by the internal laws of the State of California and any question arising hereunder shall be construed or determined according to such law. The Municipal and Superior Courts of the State of California in and for the County of Riverside, or such other appropriate court in such county, shall have exclusive jurisdiction of any litigation between the parties concerning this Agreement. Service of process on Buyer shall be made in accordance with California law. Service of process on Seller shall be made in any manner permitted by California law and shall be effective whether served inside or outside California. 16.6 Nonliability of Buyer Officials. No officer, official, member, employee, agent, or representatives of Buyer shall be liable for any amounts due hereunder, and no judgment or execution thereon entered in any action hereon shall be personally enforced against any such officer, official, member, employee, agent, or representative. 16.7 Gender, Number. As used in this Agreement, masculine, feminine, and neuter gender and the singular or plural number shall be deemed to include the others wherever and whenever the context so dictates. 16.8 Survival. This Agreement and all covenants to be performed after the Closing, and, except as otherwise set forth herein, all representations and warranties contained herein, shall survive the Closing Date and shall remain a binding contract between the parties hereto. 16.9 Time of Essence. Time is of the essence of this Agreement and of each and every term and provision hereof, it being understood that the parties hereto have specifically negotiated the dates for the completion of each obligation herein. 16.10 Waiver or Modification. A waiver of a provision hereof, or modification of any provision herein contained, shall be effective only if said waiver or modification is in writing, and signed by both Buyer and Seller. No waiver of any breach or default by any party hereto 119/015610-0106 975706 03 a12/11/08 -10- 370 shall be considered to be a waiver of any breach or default unless expressly provided herein or in the waiver. 16.11 Broker's Fees. Seller and Buyer represent and warrant to the other that neither Buyer nor Seller has employed any broker and/or finder to represent its interest in this transaction. Each party agrees to indemnify and hold the other free and harmless from and against any and all liability, loss, cost, or expense (including court costs and reasonable attorney's fees) in any manner connected with a claim asserted by any individual or entity for any commission or finder's fee in connection with the conveyance of the Property arising out of agreements by the indemnifying party to pay any commission or finder's fee. 16.12 Duplicate Originals. This Agreement may be executed in any number of duplicate originals, all of which shall be of equal legal force and effect. 16.13 Severability. If any term, covenant or condition of this Agreement or the application thereof to any person, entity, or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant, or condition to persons, entities, or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 16.14 Exhibits. The following exhibits are attached hereto and incorporated herein by this reference: Exhibit "A" Legal Description of Property Exhibit `B" Grant Deed Exhibit "C" Non -Foreign Affidavit Exhibit "D" Escrow Instructions Exhibit "E" Special Escrow Instructions 16.15 Authority. The person(s) executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which such party is bound. 16.16 Entire Agreement; Amendment. Except as set forth above, this Agreement and the exhibits incorporated herein contain the entire agreement of Buyer and Seller with respect to the matters contained herein, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. No provisions of this Agreement may be amended or modified in any manner whatsoever except by an agreement in writing signed by duly authorized officers or representatives of each of the parties hereto. [END -- SIGNATURE PAGE FOLLOWS] 119/015610-0106 975706 03 a12/11/08 •. 371 IN WITNESS WHEREOF, Buyer and Seller each hereby represents that it has read this Agreement, understands it, and hereby executes this Agreement to be effective as of the day and year first written above. ATTEST: Veronica Montecino, City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP 0 M. Katherine Jenson, City Attorney SELLER: URBAN HOUSING COMMUNITIES LLC, a California limited liability company By: Its: BUYER: CITY OF LA QUINTA, a California municipal corporation IN Thomas P. Genovese, City Manager [end of signatures] 119/015610-0106 -12- 9757W03 al2/11/08 372 Chicago Title agrees to act as Escrow Holder in accordance with the terms of this Agreement that are applicable to it. CHICAGO TITLE By: _ Name: Its: 119/015610-0106 _ 13 97570603 a12Q1/09 .. 373 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY The land referred to is situated in the State of California, County of Riverside, City of La Quinta, and is described as follows: PARCEL 4 OF PARCEL MAP 29422, IN THE CITY OF LA QUINTA, AS SHOWN BY MAP ON FILE IN BOOK I90 PAGES 61 AND 62 OF MAPS, RECORDS OF RIVERSIDE COUNTY. 119/015610-0106 975706 03 a12/11/08 ,.._ 314 EXHIBIT °B" FORM OF GRANT DEED [SEE ATTACHED] 119/015610-0106 975706.03 al2/I1/08 3�5 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Manager SPACE ABOVE THIS LINE FOR RECORDER'S USE (Exempt from Recordation Fee per Gov. Code § 6103) GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, URBAN HOUSING COMMUNITIES LLC, a California limited liability company, hereby grants to the CITY OF LA QUINTA, a California municipal corporation, that certain real property located in the City of La Quinta, County of Riverside, State of California, legally described on Attachment No. 1, which is attached hereto, and incorporated herein by this reference, subject to all matters of record. Dated: , 20_ URBAN HOUSING COMMUNITIES LLC, a California limited liability company 119/015610-0106 975706 03 a12/11/08 2 By: Its: 376 STATE OF CALIFORNIA COUNTY OF RIVERSIDE On before me, (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature [SEAL] 119/015610-0106 975706 03 a12/11/08 -3- V7 ATTACHMENT NO. 1 LEGAL DESCRIPTION OF PROPERTY The land referred to is situated in the State of California, County of Riverside, City of La Quinta, and is described as follows: PARCEL 4 OF PARCEL MAP 28422, IN THE CITY OF LA QUINTA, AS SHOWN BY MAP ON FILE IN BOOK 190 PAGES 61 AND 62 OF MAPS, RECORDS OF RIVERSIDE COUNTY. 1191015610-0106 Attachment 1 to Grant Deed 975706 03 a12/11/08 378 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by a Grant Deed dated , 20_, from URBAN HOUSING COMMUNITIES LLC, a California limited liability company, to the City of La Quinta, a municipal Corporation, ("City") is hereby accepted by the City by the signature of the undersigned agent on behalf of the City pursuant to the authority conferred upon him by Resolution No. , adopted on , 20_ and that the City, as the Grantee, by its said duly authorized agent, hereby consents to the recordation thereof. DATED: CITY OF LA QUINTA, a Municipal Corporation By: Name: Thomas P. Genovese City Manager, City of La Quinta I HEREBY ATTEST to the authenticity of the foregoing signature and to the said adoption of the said Resolution of his general authority to so act and certify that said authority has not been revoked by any subsequent Resolution or order of the City. DATED: Veronica Montecino, City Clerk, City of La Quinta 119/015610-0106 97570603 a12/11/08 Attachment I to Grant Deed 379 EXHIBIT "C" AFFIDAVIT OF NON -FOREIGN ENTITY TO: CITY OF LA QUINTA ("Buyer") The Intemal Revenue Code of 1954 ("Code") (26 U.S.C. Sections 1445, 7701) provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. To inform the transferee that withholding of tax is not required upon transfer of that certain U.S. real property interest described in Exhibit "A" to the Agreement for Purchase and Sale and Escrow Instructions dated 200, and incorporated herein by reference ("Property"), that the undersigned ("Seller") hereby certifies the following: 1. Seller is not a foreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined in the Intemal Revenue Code and Income Tax Regulations); and 2. The U.S. taxpayer identification number for Seller is ; and The address for mailing purposes of Seller is: and 4. Seller understands that this certification may be disclosed to the Internal Revenue Service by Buyer and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalty of perjury, I declare that I have examined this Certification and to the best of my knowledge and belief, it is true, correct, and complete, and I further declare that I have authority to sign this document on behalf of Seller. Dated: 20_ SELLER URBAN HOUSING COMMUNITIES LLC, a California limited liability company By: Its: 119/015610-0106 97570603 a12/11/08 380 EXHIBIT "D" ESCROW INSTRUCTIONS [See Next 2 Pages] 119/015610-0106 975706.03 al2/11/08 .. 381 GENERAL PROVISIONS TO: CHICAGO TITLE COMPANY Escrow No. Date Time Is of the eawnca of these Instruction, 5 this escrow is not In a condition to close by the TIME UMIT DATE as provided for herein and written demand for cancellation Is recehad by you from any principal to this escrow attar said date, you shall act In accordance with paragraph 7 of the General Provisions. 5 no conflicting instruction or demand for cancellation In made, you will proceed to close this escrow when the principals have compked with the escrow Insouctions. In the event one at more of the General Provisions are held to be invalid, thaw remaining will continue to be operative. Any amendments of at supplements to any instructions aNecling escrow must be In writing. You are authorized to order demands lot, and pay at the close of socrow any encumbrances of record necessary W place tie in the condition called for without further authorization. You are turlher wthorimd, prior to the dose of escrow, to pay from funds on deposit any Iwo necessary to obtain any demand and/or report as may be required In this escrow and at the close of escrow, charge the parties as appropriate. The principals will hand you any funds and Instruments required from each respectively to complete this escrow. interest an any new financing may begin W accrue on the data loan funds/proceeda we disbursed by the new lender, and bonowsr agrees to pay same In accordanca with lender's Instructions. 2. YOU are Instructed to deliver and/or record ail documents and disburse all funds when you can comply with these instructions and issue any tide insurance policy as called for herein. These instructions, together with any amendmants and/or supplements, may be executed in counlerparts and together shall constitute one and the same document. ti these instructions relate to a sale, and if there is no other written agreement between the parties pertaining thereto, buyer agrees to buy and seller agrees to sell upon the terms and conditions hereof. All documents, balances and statements due the undersigned are to be mailed to the tespeclwe addresses shown herein, unless otherwise directed. In the event that any party W this escrow, utilizes faciii transmitted signed documents, all parties hereby agree to accept and hereby Instruct the escrow holder to rely upon such documents as if they bore original signatures. Buyer and seller further acknowledge that any documents to be recorded bearing non original (facsimile) signatures will not be accepted for recording by the county rsci 3. The phrase close of escrow' (or COE) as used in this escrow means the date an which documents are recorded, unless otherwise specified. 4. Assume a 30 day month in any proration herein provided, and unless otherwise Instructed, you are to use the information contained in the lateat available tax statement. Including any supplemental taxes of record, rental statement as provided by seller and bons iclary's or aesoolation statements delivered Into escrow for proration purposes. 5. Upon afosc of avow you are instrucled to Marge out respective accounts the cos; attributable W each, Including but not flmhed to cosis es provided for harain and/cur in accordance with our respective estimated statements attached hereto and made a pan hereof. 8. Recordation of any Instruments delivered through this escrow, if necessary or proper for the Issuance of the policy of title insurance called for is authorized. No examination of Insurance as to the amount or payment of personal property taxes is required union specifically requested. 7. If demand W cancel is submitted after the Time Limit Date, any principal so requesting you to cancel this escrow stall file notice of demand to cancel In your office In writing. You shell within three I3) working days thereafter mall by cenllleo mail one copy of such notice to each of the other principals at the address stated in this escrow. Union written objection thereto is filed In your office by a principal Within fifteen (15) calendar days after the date of such Meiling, you are Instructed to cancel this escrow. h this is a sale escrow, you may return the lender's papers antl/or funds upon lender's demand. 8. In the event that this escrow Is canceled, any fen or charges due Chicago Title Company including cancellation fees and any expenditures Incurred a authorized shell be paid from funds an deposit unless otherwise specifically agreed W or determined by a court of competent jurisdiction. Upon payment thereof, return documents and monists to the respective parties depositing come, or as ordered by the court, and void any executed instruments, g. lf there Is no written activity by a principal to this escrow within any six-month period after the Time Umit Date set forth herein, Chicago True Company may, at I; option, terminate Its agency obligation and cancal this escrow, returning all documents, monks or other items hold, to the raspoctWe pandas enuued thereto, less any fees and charges as provided heroin. 10. 5, for any reason, funds are retained or remain in sserow, after the closing data, you may deduct therefrom a reaeenabls Marge as custodian, of not Ins than $25.00 per month, unless oherwiu specified. 11. In the event that you should mcalve or became aware of conflicting demands or claims with respect to this escrow, or me rights of any of Me Parties hereto, or any money or pmparry deposited herein, you shall have the abaolue tight at your option to discontinue any or ail further acts until such conflict Is resolved W your satisfaction. 12. In the went that any Offer to Purchase, Deposit Receipt, or any other form of Purchase Agreement is deposited In INS escrow, you, es escrow holder, we not to be wncemed with me terms of such document and we followed of all responsibility in connection therewith. The foregoing its riot applicable In any transaction In which Chicago Title has specifically agreed W swept an Oiler to Purchase, Deposit Receipt ar other torn Of Purchase Agraemenl as escrow instructions. In any evert, you are not to be concarnsd or liable for hems designated as'momotanda' in these escrow instructions nor with any other agreement or contract between the patties, 13 The parties hereto, by execution of these instructions acknowledge that the escrow holder assumes no responsibility or liability whatwever for the wpervlslon of any act or the performance of any condition which is a condition subsequent to the closing of this escrow, is. in the absence of Instructions to the contrary, you are hereby authorized W utilize wife services, overnight, next day, or other expedited delivery services (es opposed to the tegular U.S. Mall) and to Marge the respective party s account accordingly. 15. Concerning any real property involved In this transaction, you we released from and shall have no liability, obligation or responsibility with respect to (a) withholding of funds pursuant to Section 1445 of the Internal Revenue Code of 19M as amended, and to Sections 115552 and 18858 of the California Revenue and Taxation Code. (b) advising the parties as 10 the requirements of said Section 1445, jc) determining whether the transistor Is a foreign person or a non-resident under such Section, nor (d) obtaining a non foreign affidavit or other exemption from withholding under said Sections nor otherwise making any inquiry concerning compliance with such Sections by any party to the transaction. 18.E If you pay a demand to pay in full a revolving line of credit or equityline loan, you are hereby inctrucled an my behalf and far my banofh, to request that IN tender Issuing sold demand cancel said revolving line or aquhyline of credit. 17. You the allthodzsd to furnish to any affiliate of Chicago Title Company, any attorney, broker or lender identified with this baneadlon or any one acting on behalf of such lender any Information, instructions, amendments, statements, or notices of cancellation given in Connection with this searm. 0 any check submitted to escrow is dishonored when prewntod for payment, you we wmorized to notify all principal and/or their respective agents of such nos payment. 15. NI notion, Mange of thatraalforls, communications and documents tie W be delivered In writing to the office of Chicago Tide Company, as 382 cot fond herein. sane, A..>,te.. - (Continued) GENERAL PROVISIONS (Continued) TO: CHICAGO TITLE COMPANY Escrow No. Dab 19. All funds reaiwd in this escrow shall be deposited with other escrow funds In one or more non -Interest bearing demand accounts of Chicago Tide Company In any State of federal bank or any date or federal savings and loan association (The depository InstltutfoW) and may be transferred to any other such accounts. The parts fo this escrow acknowledge that while these accounts do not beat interest, because of these and other banking rdatlonships with depository institutions, Chicago Tide Company and Its aftates may raelve from Some of the depository intstitutlons an array of banking Services, accommodations or other benefits. Chicago Title Company end Its affiliates eta may elect to enter Into other business transactions with or obtain loam ter mvesunem or other purposes from some of ilea depository inamutions. NI Such services, accommodation. and other benefits shall accrue, directly or Indirectly, to Chicago Title Company and Its affiliates and May Shelf have no obligation to account to the parties to this escrow for the value of such services, accommodations or other banehts. All diabu omens shad be made by CNeago Tale Company check, unless otherwise Instructed. Chicago Tale Company shall not be responsible for any delay In closing if funds received by the escrow are not available for Immediate withdrawal. Chicago Title Company may, at Its option, require concurrent instructions from all ponctpals prior to release of any funds on deposit In Vila escrow 20. You ere authorized to destroy or otherwise dispose of any and all documents, papers. Instructions, correspondence and other material pensirdng to this escrow at the expiration of six (6) years from the close of escrow, or cancellation thereof, without Lability and without further notice, IMPORTANT NOTICE Except for wire trarofen, funds remitted to this escrow are subject to availability requirements unposed by Section 12413.1 or tha California Insurance Code. CASHIER'S, CERTIFIED or TELLER'S checks, payable to CHICAGO TITLE COMPANY are generally available for dlabursemon ion the next business day following the data of deposit. Other forms of payment may cause extended delays In the closing of your transaction pursuant to the requirements imposed by State Law, (Wire transfer Information available upon request) ALL PARTIES TO THIS ESCROW ACKNOWLEDGE THAT CHICAGO TITLE COMPANY DOES NOT PROVIDE LEGAL ADVICE NOR HAS IT MADE ANY INVESTIGATION, REPRESENTATIONS OR ASSURANCES WHATSOEVER REGARDING THE LEGAL ASPECTS OR COMPLIANCE OF THIS TRANSACTION WITH ANY TAX, SECURITIES OR ANY OTHER STATE OR FEDERAL LAWS. IT IS RECOMMENDED THAT THE PARTIES OBTAIN INDEPENDENT LEGAL COUNSEL AS TO SUCH MATTERS. THE FOREGOING ESCROW INSTRUCTIONS AND GENERAL PROVISIONS HAVE BEEN READ AND ARE UNDERSTOOD AND AGREED TO BY EACH OF THE UNDERSIGNED. CITY OF LA QUINTA A CALIFORNIA MUNICIPAL CORPORATION THOMAS P. GENOVESE, CITY MANAGER eaxrvsnitulm. ., 333 EXHIBIT "E" SPECIAL ESCROW INSTRUCTIONS PRORATIONS AND/OR ADJUSTMENTS: Escrow Holder is authorized and instructed to prorate and/or make adjustments on the following items as of the close of escrow date: TAXES ON REAL PROPERTY: Prorate taxes, including all tax bill items, except taxes on personal property not conveyed through this escrow, based on the current year's taxes, except between July 0 and the date you are furnished current taxes (approximately November 151), based on immediate preceding year's taxes. In each case use the figures furnished you by the title company, without liability on your part as to their correctness. Owner to pay prior to delinquency, supplemental tax bills, and any taxes on personal property not being sold herein, which taxes are a lien on the real property being conveyed and you are not to be concerned herewith. Refund, if any, from the Riverside County Tax Collector, for refund of taxes buyer is being debited for herein, is to be handled outside of escrow. Chicago Title Company, its officers and employees are relieved of all responsibility and liability in connection therewith. 119/015610-0106 975706 03 al2/11/08 384 AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS BY AND BETWEEN URBAN HOUSING COMMUNITIES LLC ("SELLER") AND CITY OF LA QUINTA (`BUYER") 119/015610-0106 975706.03 a12/11/08 385 TABLE OF CONTENTS Page 1. PROPERTY......................................................................................................................I 0� all MQUIXIMUL] COLD 2.1 Amount................................................................................................................. 1 2.2 Payment of Purchase Price................................................................................... 2 3. RELOCATION ASSISTANCE....................................................................................... 2 4. ESCROW..........................................................................................................................3 4.1 Opening of Escrow............................................................................................... 3 4.2 Escrow Instructions.............................................................................................. 3 5. INSPECTION AND REVIEW......................................................................................... 3 5.1 Title Matters......................................................................................................... 3 5.2 Due Diligence.......................................................................................................4 6. CLOSE OF ESCROW...................................................................................................... 5 6.1 Close of Escrow; Closing Date............................................................................. 5 6.2 Recordation; Release of Funds and Documents ................................................... 5 7. DELIVERY OF DOCUMENTS REQUIRED FROM BUYER AND SELLER ............. 5 7.1 Buyer's Obligations.............................................................................................. 5 7.2 Seller's Obligations.............................................................................................. 5 8. TITLE INSURANCE POLICY........................................................................................ 6 8.1 Title Policy........................................................................................................... 6 8.2 Payment for Title Policy....................................................................................... 6 9. REAL PROPERTY TAXES AND ASSESSMENTS......................................................6 10. CONDITIONS PRECEDENT TO CLOSING................................................................. 7 10.1 Conditions Precedent to Buyer's Obligations...................................................... 7 10.2 Conditions Precedent to Seller's Obligations....................................................... 7 11. POSSESSION...................................................................................................................8 12. ALLOCATION OF COSTS............................................................................................. 8 12.1 Buyer's Costs........................................................................................................ 8 12.2 Seller's Costs........................................................................................................8 119/015610-0106 975706.03 al2/11/08 '1- � 336 13. CONDEMNATION ............... 14. HAZARDOUS MATERIALS. 15. COVENANTS OF SELLER.... 16. MISCELLANEOUS ......................................... 16.1 Assignment ........................................... 16.2 Notices .................................................. 16.3 Fair Meaning ......................................... 16.4 Headings ............................................... 16.5 Choice of Laws; Litigation Matters...... 16.6 Nonliability of Buyer Officials ............. 16.7 Gender; Number ................................... 16.8 Survival ................................................. 16.9 Time of Essence .................................... 16.10 Waiver or Modification ........................ 16.11 Broker's Fees ........................................ 16.12 Duplicate Originals ............................... 16.13 Severability........................................... 16.14 Exhibits ................................................. 16.15 Authority ............................................... 16.16 Entire Agreement; Amendment............ EXHIBITS Exhibit A Legal Description of Property Exhibit B Form of Grant Deed Exhibit C Form of Affidavit of Non -Foreign Entity Exhibit D Escrow Instructions Exhibit E Special Escrow Instructions 119/015610-0106 975706 03 .12/11108 Pace ....................................................... 8 ....................................................... 8 ................................................... 9 3v7 Tay/ °f 4u''Q°/"fw COUNCIL/RDA MEETING DATE: December 16, 2008 ITEM TITLE: Consideration of Appointment to Coachella Valley Mosquito and Vector Control District AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve an appointment to the Coachella Valley Mosquito and Vector Control District (CVMVCD)• FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the December 2, 2008 City Council Meeting, the City Council directed staff to advertise for applicants and bring this item back for consideration for the appointment of one City representative to the Coachella Valley Mosquito and Vector Control District Board. Staff advertised for applications on December 5, 2008 in The Desert Sun. The City Clerk's office has received applications from the following: Robert Cox, Milton Olander, and Ty Richey. Staff has requested the applicants attend the December 16, 2008 City Council meeting for interviews by the City Council. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve an appointment to the Coachella Valley Mosquito and Vector Control District (CVMVCD); or 2. Do not approve an appointment to the Coachella Valley Mosquito and Vector Control District (CVMVCD); or 3. Provide staff with alternative direction. RespectfuR submitted, r Veronica J. ntecino, CIVIC City Clerk Attachment : 1. Applications Approved for submission by: Thomas P. Genovese, City Manager 339 Attachment l �] Date: December 5, 2008 CITY OF LA QUINTA APPLICATION TO SERVE ' ON COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT BOARD OF TRUSTEES NAME: ROBERT COX HOME ADDRESS 78315 CRESTVIEW TERRACE, LA QUINTA, CA 92253 TELEPHONE: (HOME) 760-771-6961 BUSINESS: 760-413-4955 EMAIL: Robert Cox Ifa)Verizon.net FAX:760-771-0543 BUSINESS ADDRESS SAME IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD: OWNER/BROKER RCI REAL ESTATE SERVICES LENGTH OF RESIDENCE IN LA QUINTA: 35 YEARS HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? YES Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. SEE ATTACHED PAGE �^ 390 APPLICATION, COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the Coachella Valley Mosquito and Vector Control District (CVMVCD). I HAVE BEEN FAMILIAR WITH THE DISTRICT FOR THE PAST 25 YEARS. I HAVE KNOWN SOME OF THE PAST AND PRESENT BOARD MEMBERS. MY WIFE, JUDITH, SERVED ON THE BOARD IN THE 1980' S. I HAVE ALSO ATTENTED ALMOST ALL OF THE BOARD MEETINGS IN THE PAST YEAR AND HAVE LISTENED AND LEARNED FROM THAT ACTIVITY. I HAVE ALSO TAKEN THE TIME TO READ THE BOARD PACKET AS PRESENTED ONLINE. What specific issues or problems face the CVMVCD and do you have any suggestions to address those issues or problems? ONE IMPORTANT ISSUE FACING THE DISTRICT IS THE RECRUITMENT AND SELECTION OF A NEW PERMANENT GENERAL MANAGER AND A NEW LEGAL COUNSEL. THEY WOULD PLAY AN INTREGAL PART IN ANY REORGANIZATION OF THE DISTRICT WHICH IS ANOTHER ISSUE THAT SHOULD BE ADDRESSED BY THE BOARD AND MANAGEMENT. A REVIEW OF CURRENT POLICY AND PROCEDURES WOULD BE ANOTHER ISSUE TO BE ADDRESSED. DAY TO DAY OPERATIONS APPEAR TO BE IN GOOD HANDS AND SHOULD BE THE RESPONSIBILTY OF MANAGEMENT AND STAFF. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the CVMVCD? I HAVE WORKED FOR MANY YEARS IN POSITIONS THAT REQUIRED CLEAR ASSESSMENT OF SITUATIONS, DECISION MAKING, AND FINANCIAL CONSIDERATIONS. I HAVE SERVED ON GOVERNMENTAL BOARDS AND DISTRICTS AS WELL AS PRIVATE BOARDS AND BUSINESSES. I AM ALSO UP TO DATE IN ETHICS AND BROWN ACT TRAINING AND REQUIREMENTS. PLEASE RETURN THIS APPLICATION TO: CITY CLERK DEPARTMENT 78-495 CALLE TAMPICO, LA QUINTA P. 0. BOX 1504, LA QUINTA, CA. 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 391 ROBERT G. COX I was born, raised and attended schools in central California. I attended Fresno State University, majoring in Business Administration. I have attended other Colleges to further my education since that time. I entered military service, and following a tour during Viet Nam, was honorably discharged from the U. S. Army. I met and married my wife Judith and moved to the Coachella Valley in 1971 where we raised our family and owned and operated our own businesses. Shortly after moving to the desert, I became involved in community service through the Jaycees and as a volunteer firefighter, ultimately making the fire service my career. After over 20 years in the fire service, ultimately rising to the rank of Fire Chief, I retired and again changed careers becoming a mortgage loan consultant and State Licensed Real Estate Broker. During my fire service career I had the opportunity to experience many varying emergency operations as well as many different management assignments. I worked for Cal -Fire (CDF) until 1987 when I left for Cathedral City. I was a member of the original group that was responsible for creating and writing the policies and procedures for the Cathedral City Fire Department when it was formed. They were used for the foundation of the department and much is still in place today. When I worked as a Fire Chief in Calaveras County, I was responsible for rewriting much of the policy and procedure and training manuals for the San Andreas Fire District as well as of course, working with a Board of Directors for the operational and financial well being of the District. I also assisted the County in their quest to dissolve the County Fire Department and spread the responsibility to fire districts and the State as well as try to help coordinate the consolidation of some of the districts. Active in business and community affairs, I was on the Operation SafeHouse Board of Directors, a temporary safe place for runaway and throw away kids, as well as the advisory committee for Operation SafeHouse of the Desert, a facility being built in Thousand Palms to help with the many at -risk children in the Coachella Valley. I am also an Adjunct Instructor in Fire Sciences with Riverside Community College. I have been involved with the Riverside County Fair and National Date Festival since moving to the desert and was appointed to the Fair Board by Supervisor Roy Wilson to help represent the 4a' District. The Riverside County Fair and National Date Festival is not only a great entertainment venue but also contributes a considerable amount of money to a scholarship fund the Fair Board established and the Board Members raise additional funds from private donors so we are able to give back to the community in the form of scholarships and assistance to our students. I believe that my experiences, education and participation in governmental agencies and the different Boards, public and private, as well as running my own businesses, have made me very much aware of the requirements, both legal and ethical, as well as the responsibilities of the position. I believe I am qualified and prepared as well as willing to fulfill the role as a Board Member for the CVMVCD. 392 Date: 12-10-08 r'. C I J. STY OF LA QUINTA APPLICATION TO SERVE ON COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT BOARD OF TRUSTEES NAME: Milton Olander HOME ADDRESS: 78930 Casa Del Rio, La Quinta, CA 92253 TELEPHONE: (HOME) 760-771-3561 EMAIL: milt.olander7Averizon.net BUSINESS: 760-574-5220 (cell) FAX: 760-771-3561 BUSINESS ADDRESS: 74939 Hwy 111, Suite D-2, Indian Wells, CA 92210 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD: Real Estate Agent, Village Realty, Indian Wells, CA LENGTH OF RESIDENCE IN LA QUINTA: 10-1/2 years HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? No Biographical sketch, including education, work experience, civic involvement and other background. Please be sure to include experiences relevant to duties of the position you seek. Education: Graduate of Dartmouth College, New Hampshire, 1951 Toledo University Graduate School of Business, Ohio Work Experience: Cleveland, Ohio: National City Bank of Cleveland Los Angeles: First Western Bank, Beverly Hills National Bank, Imperial Bank, Great Western Savings & Loan Palm Desert: Palm Desert National Bank Civic Involvement: I have been involved with many chanties and civic endeavors over the last 60 years. Current; President, Ventanas HOA Board of Directors, Rancho La Quinta Country Club Past: City of La Quinta, Investment Advisory Board, 8 years Director, Dubnoff School for Educationally Handicapped, North Hollywood Founding Director, At Work!, Bellevue, WA President, Health & Medical Foundation, Los Angeles, 6 years Business Experiences: Real Estate: Residential sales & leasing, commercial sales & purchases Banking: 35 years in Cleveland & the Los Angeles area. My areas of expertise were in lending, business development (top business development officer in four banks), workout turn -around situations, and mergers & acquisitions. .", 393 APPLICATION, COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT PAGE Describe your knowledge of the functions, regulations, and procedures of the Coachella Valley Mosquito and Vector Control District (CVMVCD). I have recently become acquainted with the CVMVCD through the interact, the Desert Sun, and in conversations with City officials. It is the consensus that the Agency serves a vital role in adding to the quality of life in the Coachella Valley. It is important that the Agency recover it's credibility in the very near future. What specific issues or problems face the CVMVCD and do you have any suggestions to address those issues or problems? The problems confronting the Agency are well known and are, in my opinion, solvable through hard work on the part of the Trustees. Specifically, I believe the following issues need to be addressed: Restoration of credibility of the Agency; it must justify its existence. Recruitment of top management. Financial controls, allowing complete transparency. A strong, involved Board of Trustees. Improved employee relations based on trust and performance. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the CVMVCD? I have served eight years on the Investment Advisory Board for the City of La Quinta — with John Falconer and Lee Osborne, both of whom know me and know my "style". I am very familiar with LAIF which invests 40% of the Agency's investment funds. I consider myself to be a reasoned, rational person who attempts to evaluate an issue from both sides. I am a "team" player whose ego does not require a high profile. Given adequate and detailed information, making a decision is usually not that difficult for me. I try to combine experience with common sense. The Agency deserves serious, dedicated Trustees. The road ahead may not be an easy one. PLEASE RETURN THIS APPLICATION TO CITY CLERK DEPARTMENT 78-495 CALLE TAMPICO, LA QUINTA P.O. BOX 1504, LA QUINTA, CA. 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 394 Date: 12 Lo Los CITY OF LA QUINTA APPLICATION TO SERVE ON COACHELLA, VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT BOARD OF TRUSTEES NAME: / 9I C HOME ADDRESS: �1 den (cl a L , TELEPHONE: (HOME) `7 7 / - r2 3 BUSINESS: 7/3 EMAIL: , a 8 l u m 0 Ll M (D(o C-0/✓1 BSUSINESS ADDRESS 12 2_ 5 /7 Ve f) I Q E a %Yl i r elZ IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD Sfad�L)m 6� D eamS (JSown � LENGTH OF RESIDENCE IN LA QUINTA: earm HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? NO O Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. LIGce..nr, e-d �iernar'a / Con? rac.7_or s/Ace- z / oZ '� l 64 t 0 rVl lG�t lf>ye,- _00 l/Ic(U�-�Ct1 ei�r e 0 4-h -e �./,�^/� ap'^C-4 //� Cl r d /' C , ✓ ` 6 r -�JQ-- a S r o r� / h e a o b 1 t e `t- cfar P,©// fro/ v�2a I S q/'e �er0 LLS6 L-) A 4-4ere4� Y 10 ul l D 4f le or `50rm2 0 4f v �_ w 0/- � 1 q,q . ci 2 l✓' 1 O v S tl f1 d e �- `f 'c� f�, n 9 1 �1 5"t`2 acl APPLICATION, COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the Coachella Valley Mosquito and Vector Control District _(CVMVCD). , What specific issues or problems face the CVMVCD and do you have any suggestions to address those issues or problems? What specific aftitudes, skdlls and/or expertise do you think you have which would enhance the work of the CVMVCD? PLEAft �c TTS APPLIC TI TOEP CITY CLERKDEPARTMENT 78-495 CALLE TAMPICO, LA QUINTA �r P. O. OX 1504, A QU NTA, CA. 9224 }UI,�'l HANK Y U OR YpOqqR ILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT j1f1/tf�- T4ht 4 4 Qu!Kro COUNCIL/RDA MEETING DATE: December 16, 2008 ITEM TITLE: Consideration to Appoint a Representative to the County Free Library Advisory Committee RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: 1 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The Friends of the Library recommend the appointment Diane Gunn to represent the City on the County Free Library Advisory Committee (CFLAC) for the Riverside County Library System. The representative could be an elected official, staff member or member of the public. FISCAL IMPLICATIONS: None CHARTER CITY IMPLICATI None. BACKGROUND AND OVERVIEW: On February 2, 2000, Michelle Clairmont was appointed to CFLAC as the La Quinta representative for a two-year appointment. Since that time, the City has not had a representative on the committee. On November 4, 2008, Riverside County Librarian, Nancy Johnson, sent a letter (Attachment 1) to the City Manager requesting an appointment for the committee from the City. The CFLAC members represent library users and convey their concerns and desires for services to County Library administrators. The CFLAC member should be an active library user who is attuned to the needs of diverse members of the community and is effective in expressing these needs. CFLAC meetings are held quarterly on the 3rd Thursday of January, April, July, and October. Meetings are he)d at various libraries throughout the County, so it Js important that the appointed representative have transportation. .. 397 At a recent Board Meeting of the Friends of the Library, the Friends have nominated Diane Gunn to be considered for this appointment by the City Council. Mrs. Gunn is a retired librarian, volunteers at the library and is Vice Chairman of the Friends of the Library. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Appoint Diane Gunn to represent the City on the County Free Library Advisory Committee for the Riverside County Library System; or 2. Appoint a representative from City Council to represent the City on the County Free Library Advisory Committee for the Riverside County Library System; or 3. Appoint a representative from City staff to represent the City on the County Free Library Advisory Committee for the Riverside County Library System; or 4. Provide staff with alternative direction. Respectf Ily submitted, Edie Hylton Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. November 4, 2008 Letter ., 393 Bill Luna County Executive Officer Executive Office, County of Riverside November 4, 2008 Mr. Thomas Genovese, City Manager City of La Quinta ----- La Quinta, CA 92254 RE: The County Free Library Advisory Committee (CFLAC) Dear Mr. Genovese: ATT J, 04i71ENT A5.,�� II II NOVNOS► 20v8 � U f.A '.'DEPT Jay 1 ' Orr Assistant County Executive Officer Riverside County Library System is looking for someone to represent La Quinta on the County Free Library Advisory Committee. We would be pleased if you would act to appoint someone to this important volunteer position. CFLAC is an essential part of library service in Riverside County, as CFLAC members represent library users and convey their concerns and desires for library service to county library administration. The ideal CFLAC member is an active library user who is attuned to the needs of diverse members of his or her community and is effective in expressing these needs. CFLAC meetings are held quarterly, generally the third Thursday morning of January, April, July and October. Meetings are held at various libraries throughout the county, so it's important that the appointed representative have transportation. - Please let me know who you decide to appoint at your earliest convenience. Our next CFLAC meeting is January 15, 2008, and it would be wonderful to have La Quinta represented. Sincerely, �AaIIA (o- Nancy L. oh Riverside County Librarian • Robert T. Andersen Administrative Center 4080 Lemon Street • 4`h Floor • Riverside, California 92501 • (951) 955-1100 • Fax (951) 955-1105 393 �s cFM OF'[NQ'O COUNCILIRDA MEETING DATE: December 16, 2008 ITEM TITLE: Consideration of Request for Proposals for Fiscal Year 2009-2010 Professional Marketing Services RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize staff to distribute a Request for Proposals to obtain professional marketing services for Fiscal Year 2009-2010. FISCAL IMPLICATIONS: If a new professional marketing firm is selected, staff would negotiate a short-term contract for preparation of a City of La Quinta Marketing Plan for Fiscal Year 2009- 2010. Since the plan would need to be prepared prior to the end the fiscal year, a mid -year budget allocation would need to be approved for this work. If Kiner Communications is selected, Kiner would prepare new marketing strategies for Council consideration on April 7, 2009 (similar to last year's process). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the December 2, 2008 City Council meeting, staff was directed to prepare a Request for Proposals (RFP) for marketing services for Fiscal Year 2009-2010 for City Council consideration. The proposed RFP document to obtain professional marketing services is provided as Attachment 1. 400 Council previously indicated an interest in participating on the Selection Committee. If the City Council wishes to appoint a Selection Committee, the Committee would be subject to the Brown Act unless the Committee consists solely of two Council Members. Staff is seeking Council direction on the following items related to this RFP process: 1. RFP document content — staff will make any changes as suggested by Council; 2. Distribution of RFP document — issue to Coachella Valley firms only or distribute on a more regional basis (including Riverside and San Bernardino areas); 3. Selection Committee — a couple of options are available to Council on the appointment and makeup of a Selection Committee: a. If the City Council chooses not to appoint the Selection Committee, then the City Manager will appoint the Selection Committee. If he makes the appointment, he intends to appoint a Selection Committee consisting of the following members: Doug Evans, Assistant City Manager —Development Services; Bret Plumlee, Assistant City Manager —Management Services; Edie Hylton, Community Services Director; Maria Casillas, Economic Development Project Manager; and Frank Spevacek, RSG). b. If Council wishes to appoint the Selection Committee, the Committee would be subject to the Brown Act unless the Committee consists solely of two Council Members; and, 4. Selection Committee recommendation — Council can direct the Selection Committee to recommend one firm for the contract or to narrow the consultants down to a certain number to be interviewed by the full City Council in open session. Contingent upon City Council authorization to distribute the attached RFP, the following represents a timeline on how the process would proceed: . December 16, 2008 Council approves RFP document . December 19, 2008 Staff issues RFP . January 16, 2009 Proposals due •• 401 . February 9, 2009 Selection Committee interviews March 3, 2009 Top three firms for Council consideration Selection of firm April 7, 2009 Selected firm to present new marketing strategies for Fiscal Year 2009-2010 to Council June 2, 2009 Council approves Fiscal Year 2009-2010 Contract for Services Agreement with selected firm June 16, 2009 Council adopts City of La Quinta Marketing Plan for Fiscal Year 2009-2010 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize staff to distribute a Request for Proposals (RFP) to obtain professional marketing services for Fiscal Year 2009-2010; or 2. Do not authorize staff to distribute a Request for Proposals to obtain professional marketing services for Fiscal Year 2009-2010; or 3. Provide staff with alternative direction. Respectfully submitted, Cv�w✓L Douglas R. vans Assistant City Manager —Development Services Approved for submission by: /f' l & 4/ Thomas P. Genovese, City Manager Attachment: 1. Request for Proposal (RFP) for Professional Marketing Services for Fiscal Year 2009-2010 (without attachments) 402 Attachment 1 REQUEST FOR PROPOSALS CITY OF LA QUINTA PROFESSIONAL MARKETING SERVICES FOR FISCAL YEAR 2009-2010 (JULY 1, 2009 THROUGH JUNE 30, 2010) INTRODUCTION About the City of La Quinta Located in Southern California's magnificent Coachella Valley, the City of La Quinta is a blend of beauty, charm, and pleasure. It is home to the nationally -acclaimed Arnold Palmer Classic Course at SilverRock a home course of the Bob Hope Chrysler Classic —and over 20 other exceptional golf courses including the famous PGA West. The City of La Quinta embraces art, culture, and its rich history offering the La Quinta Arts Festival, a variety of stunning public art, and a newly -expanded museum. It offers enjoyable options such as movies in the park, scenic bike and hiking trails as well as a charming, pedestrian -friendly downtown La Quinta Village. The historic La Quinta Resort & Club is the largest in the Coachella Valley and is supported by other recently -opened hospitality venues. And as one of the fastest growing cities in California in the 1990s, La Quinta continues to grow and hosts a wide range of quality amenities including the best in shopping and dining. With a current population of 42,958, La Quinta's early residential boom is now being complemented by a balance of commercial growth and infrastructure improvements. La Quinta's retail sales have tripled since 2000 and increased 50% since 2004. Projections for 2008 point to retail sales in the neighborhood of $800 million —keeping a steady pace given La Quinta's strong retail, population, and housing base. Background on Economic Development and Marketing Plan Efforts Since 1996, the City of La Quinta has annually adopted and implemented a strategic Economic Development Plan to guide efforts that identify, attract, and encourage development of new retail, resort, recreational, and residential uses to the City. The Economic Development Plan serves as a framework for maintaining the quality of hfe in the City, and includes a market study that specifically focuses on market conditions and development opportunities within the City's main commercial corridors and sphere of influence. The City has since commissioned several market studies; the most recent one was prepared in 2006, Overview Analysis of Market Opportunities, and is included in the Fiscal Year 2008-2009 Economic Development Plan (Attachment 1). It specifically focuses on market conditions and development opportunities along Highway 111 and within the La Quinta Village and SilverRock Resort. In lieu of another comprehensive market study, the City is currently commissioning a refined market analysis to shed light on the next generation of consumers and which businesses La Quinta should target. Upon completion of an Economic Development Plan and market study, the City sought the development of a comprehensive marketing program for the City of La Quinta. Therefore, in 1998, 493 the City distributed a Request for Proposals (RFP) for its first economic development marketing program with the purpose of creating a common theme and orientation for its economic development activities. The goal was to develop a comprehensive marketing campaign that would enable the City to more effectively promote its business opportunities. To that end, the City set aside funds in its Fiscal Year 1998-1999 budget and commissioned, via an RFP process, promotional materials and activities such as advertising, preparation of property profiles, kiosk/web page development, and trade show participation. The City's RFP process resulted in the hiring of its first marketing firm, which the City has been working with since Fiscal Year 1998-1999. The marketing firm developed the City's fast overall marketing plan, which included the following elements: 1) a recommended image and theme; 2) a description of recommended marketing strategies; 3) a menu of suggested marketing tasks, including a recommended implementation schedule; 4) and an itemized budget of estimated marketing program costs, including creation and production of collateral materials. Updated annually, the City of La Quinta's marketing plan has evolved and expanded over the years. New components have been added as market dynamics changed and community amenities began to thrive. As economic development goals were fulfilled and the City started to attract more businesses and hotels, tourism and golf elements were appropriately incorporated as well a community services component. The marketing plan has become an umbrella document that includes an array of City marketing activities to be implemented, not only by the City's professional marketing firm, but by others such as City staff and the City's public golf course operator as well as the hotel/retail developer at SilverRock Resort. The current plan, City of La Quinta 2008-2009 Marketing Plan (Attachment 2), includes five main components: Tourism/Hospitality, Public Communications, Business Development, SilverRock Resort, and Community Services. It contains numerous marketing initiatives and cooperative programs that allow the City to work with its hotel and business partners while also servicing the needs of its residents. In addition to the 1998 RFP process, in February 2002, the La Quinta City Council directed staff to issue an RFP for marketing services. Staff issued the RFP to various marketing firms throughout the Coachella Valley and Inland Empire. In August 2002, the City Council considered the top firms that responded and elected to continue with the City of La Quinta's current marketing firm. The City desires, once again, to issue a Request for Proposals for marketing services to be tendered in Fiscal Year 2009-2010. Interested marketing firms are invited to respond to this RFP. The City will expect interested firms to address some marketing issues, develop and recommend new marketing strategies, and identify current marketing programs that should be continued. The selected firm will work closely with and/or for City staff, hotels, businesses, community organizations, and La Quinta residents. SCOPE OF SERVICES Consultant proposals responding to this RFP should address the following: 1) EVALUATE CITY'S IMAGE AND THEME: As appropriate, Consultant shall advise the City the extent to which a new or updated image and theme will be necessary to communicate 404 the purpose of the City's marketing initiatives. To the extent needed, Consultant should develop suggested images and themes for City consideration. The City Council recently adopted a new Promotional logo (Attachment 3) highlighting the City's known title, "Gem of the Desert" (new logo adoption is not being proposed). 2) REVIEW CURRENT MARKETING PLAN: In connection with items 3, 4, and 5 below, Consultant shall review/analyze the current plan and provide preliminary and concise strategies and implementation tasks. This shall include recommendations on the followmg: a) A list of current marketing programs the City should continue b) A brief description of new, recommended marketing strategies the City should consider c) An estimated overall budget (including cost estimates per component and per corresponding task) 3) OUTLINE NEW MARKETING STRATEGIES IN TOURISM/HOSPITALITY, BUSINESS DEVELOPMENT, AND PUBLIC COMMUNICATIONS: Consultant shall review the programs currently in place within these components and make appropriate recommendations (i.e., continue or consider new ones). How shall the City work with its hotel and business partners? How shall the City attract new businesses? What are the best means to communicate with City residents? A comprehensive strategy will encompass print, television, radio, online, and cooperative programs as well as other innovative programs. A close review of the City's current marketing plan and community services plan is required (Community Services Plan 2008/2009 is provided as Attachment 4). 4) POSITION LA QUINTA AS A PREMIERE GOLF DESTINATION: Promote La Quinta's golf opportunities via print, radio, television and online advertising. A specific focus shall be placed on SilverRock Resort, which houses the City's only municipal golf course. The Arnold Palmer Classic Course at SilverRock is a home course of the Bob Hope Chrysler Classic. Consultant shall develop marketing strategies to maximize exposure for the City and SilverRock during the Hope Classic, which is held every January, as well as create programs to encourage more people to "Stay/Play & Shop/Dine La Quinta." 5) PROMOTE SPECIAL EVENTS: Of great importance to the City are special community events that draw people to La Quinta (particularly, the La Quinta Village) and provide economic stimulus. Developing strategies to promote and advertise the following events will be key: exhibits and programs at the La Quinta Museum; services and activities at the La Quinta Library; community picnic/City's birthday; Trails Day and various trail -related activities; La Quinta Arts Festival (every March); Art Under the Umbrellas; Chamber Car Show; and other City -sponsored events or those free and open to the public that encourage participation from both visitors and residents. 6) DEVELOP A PUBLIC RELATIONS STRATEGY: The City of La Quinta wishes to take advantage of press releases, special editorials, and media relations to promote La Quinta as a great place to stay, play, shop, and dine. Locally, the City endeavors to communicate information regarding events, programs, and major projects to its residents. Consultant shall propose a well-defined public relations strategy that will achieve the highest level of publicity for the City. 495 7) PROPOSE A BUDGET: Consultant shall develop a budget for the marketing program being proposed in the RFP, outlining items and associated costs. Approximately $440,000 was budgeted for professional marketing services in Fiscal Year 2008-2009 (this amount only covers items being implemented by the professional marketing firm). The actual marketing budget in connection with the selected professional marketing firm will be established as part of the City's marketing plan development and overall budget process for Fiscal Year 2009-2010. 8) MONITORING SYSTEM: Consultant shall implement a monitoring system to assess the effectiveness of the various marketing methods to be used in the marketing program. MARKETING CONSULTANT EXPERTISE AND PROPOSAL FORMAT Interested firms are encouraged to keep their proposals brief and felevant to the specific Scope of Services outlined above. All proposals should include the following: 1) Cover letter with name, address, phone number, and e-mail address of Consultant's contact person; identify capacity this person has to manage and execute a marketing program of this magnitude. 2) Description of overall knowledge of the City of La Quinta. 3) Background on the firm and its experience in preparing comprehensive and strategic marketing programs, especially for cities and public agencies. Of particular interest are engagements involving clients located in the Coachella Valley and the City of La Quinta as well as communities that have characteristics similar to La Quinta. [The City's contract with the selected firm will include a "Future Conflict of Interest" clause indicating a conflict will occur if Consultant does work for another city, travel/tourism board, or economic development entity in the Coachella Valley related to marketing, advertising, and/or public relations.] 4) A narrative that presents the services a firm would provide detailing the approach, methodology, deliverables, and client meetings to be provided. 5) Identification of the personnel to be assigned to this engagement (including names, addresses, current phone numbers, and e-mail addresses) and a resume of related experience, how many years this team has worked together, and a list of projects this team has completed or is currently working on. 6) Identification of any and all sub -consultants to be assigned to this engagement (including names, addresses, current phone numbers, and e-mail addresses) and a resume of related experience, how long the sub -consultant has worked with Consultant, and how many projects the sub -consultant has completed for Consultant or is currently working on with Consultant. [The City's contract with the selected firm will include a "Prohibition Against Subcontracting or Assignment" clause that will prohibit Consultant from contracting with any other entity to perform in whole or in part the services required.] 4�b 7) A list of tools used to measure reach and frequency when purchasing media (television, radio) and tools used to measure effectiveness of print and online advertising. Experience in media negotiations and placement should be demonstrated. 8) A summary of any suggested approaches the City should consider for this effort. 9) A timeline for the preparation and implementation of a City of La Quinta Marketing Plan for Fiscal Year 2009-2010 (must be completed by April 7, 2009); and an estimated timeline for implementation of tasks/activities being proposed under Scope of Services. 10) At least three (3) public and private references for projects of similar nature to this engagement. 11) List of billable rates for all personnel assigned to project, including hourly rate, media commission percentages, and any other charges that are proposed. 12) Proof of financial soundness: financial statements, a balance sheet, and two years of federal tax returns. For confidentiality purposes, this information should be mailed separately to: Frank Spevacek, Rosenow Spevacek Group, Inc., 309 West 4th Street, Santa Ana CA 92701-4502. 13) A summary of the professional liability and errors and omissions insurance coverage the firm maintains. 14) Identification of concerns related to the City of La Quinta's standard professional services agreement (standard contract document provided as Attachment 5). 15) Interested firms should submit nine (9) copies of their proposals. 16) SUBMITTED IN A SEPARATE SEALED ENVELOPE, a not -to -exceed cost that includes a specific task on the preparation of a City of La Quinta Marketing Plan for Fiscal Year 2009- 2010 as well as an estimated budget for implementation of the tasks/activities being proposed under Scope of Services (including itemization of hourly rates of all assigned personnel, requested reimbursable expenses, and charges for any meetings not included in the not -to -exceed cost proposal). SELECTION PROCESS Proposals will be reviewed by a Consultant Selection Committee. The Committee will rank the consultants based upon the materials submitted within the proposal. The Committee may choose to interview two or more closely ranked firms. Interviews for the most qualified marketing firms will be scheduled during the week of February 9, 2009 or earlier. The selected firm shall work on its first task beginning March 1, 2009 (via a short-term contract). Working with City staff, the firm shall develop a City of La Quinta Marketing Plan for Fiscal Year 2009-2010 (although this is a comprehensive document, only certain tasks from said plan will be implemented directly by firm). The proposed Marketing Plan for Fiscal Year 2009-2010 will 4'�' 7 be presented to the City Council on April 7, 2009. Upon approval, staff will negotiate a one-year contract with selected firm for the implementation of certain tasks within the approved marketing plan. The contract will commence July 1, 2009 and end June 30, 2010. CITY RIGHTS AND OPTIONS This solicitation does not commit the City of La Quinta to award a contract, to pay any cost incurred with preparation of the proposal, or to procure or contract for services or supplies. The City reserves the right to accept or reject any or all submittals received in response to this request, to negotiate with any qualified source, or cancel in whole or part this process if it is in the best interest of the City to do so. Subsequent to negotiations, prospective consultants may be required to submit revisions to their proposals. All proposals should note that any contract pursuant to this solicitation is dependent upon the recommendation of the City staff and the approval of the City Council. The City reserves the right to postpone selection for its own convenience, to withdraw this Request for Proposals at any time, and to reject any and all submittals without indicating any reason for such rejection. As a function of the Request for Proposals process, the City reserves the right to remedy any technical errors in the response to the Request for Proposals and modify the published Scope of Services. The City reserves the right to request that specific personnel with specific expertise be added to the team, if the City determines that specific expertise is lacking in the project team. Proposals and other information will not be returned. The City reserves the right to abandon the Request for Proposals process and/or change its procurement process for the contract at any time if it is determined that abandonment and/or change would be in the City's best interest. In the event of an abandonment or change, the City will not be liable to any consultant for any costs or damage arising out of its response to the Request for Proposals. SCHEDULE, SUBMITTAL, AND CONTACT INFORMATION Contract award is expected by March 1, 2009 for the specific task of preparing a Fiscal Year 2009-2010 City of La Quinta Marketing Plan. Upon approval of the plan, the marketing tasks/activities associated with its implementation will commence on July 1, 2009 and end June 30, 2010 (the City will negotiate a one-year contract with Consultant for certain tasks/activities to be completed during this time period, including a Scope of Work and final contract amount). Interested firms should submit nine (9) copies of their proposals no later than 5:00 p.m. on Friday, January 16, 2009. Submittals should be directed to: Douglas R. Evans Assistant City Manager — Development Services City ofLa Quinta P.O. Box 1504 La Quinta, CA 92247-1504 Phone: 760-777-7108 4�a Additional City Contact.• Maria Casillas Economic Development Project Manager E-mail.• mcasA1as@la-quima.org Phone. 760-777-7086 Fax 760-777-7101 Attachments: 1. Fiscal Year 2008-2009 Economic Development Plan 2. City of La Quinta 2008-2009 Marketing Plan 3. City of La Quinta Promotional Logo 4. Community Services Plan 2008/2009 5. City of La Quinta Standard Professional Services Agreement CITY OF LA QUINTA December 19, 2008 REQUEST FOR PROPOSALS MARKETING SERVICES 41 . T4bt 4 4 Quiotm COUNCIL/RDA MEETING DATE: December 16, 2008 ITEM TITLE: Consideration of City Council Approval to Close City Hall on December 26, 2008 and January 2, 2009 RECOMMENDATION: As deemed appropriate. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: - ' CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The estimated daily salary for employees is $29,331. This would be offset by savings in utilities from the City Hall and Senior Center which is estimated at $456 per day. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the December 2, 2008 City Council meeting, Council Member Sniff suggested closure of City Hall on December 26, 2008 and January 2, 2009 this year to enable two four -day weekends during the holiday season. Staff was instructed to bring the matter back before Council after discussion with the La Quinta City Employee's Association (LQCEA) per the Memorandum of Understanding (MOU) between the City and LQCEA. Section 14.10 in the MOU regarding Holidays states the following: ,. 410 "Days which are designated as paid holidays by the City Council shall be legal holidays for City employees unless otherwise specified. ...All employees shall receive % day off for both Christmas Eve (December 24) and New Year's Eve (December 31) in the event those days fall on a weekday." Since both Christmas and New Year's Day fall on a Thursday this year, City Hall would be open from 8:00 a.m. to 5:00 p.m. on both Friday, December 26, 2008 and Friday, January 2, 2009. The proposal would close City Hall for the entire day on December 26, 2008 and January 2, 2009. Staff has met with the LQCEA and they are agreeable to closing City Hall the full day on both December 26, 2008 and January 2, 2009. As an alternative, the LQCEA stated that if City Council has concerns approving the additional two days off, the Association is willing to trade the % day off before each holiday in exchange for taking off the entire day following Christmas and New Year's Day. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve closing City Hall the full day on both December 26, 2008 and January 2, 2009; or 2. Do not approve closing City Hall the full day on both December 26, 2008 and January 2, 2009; or 3. Provide staff with alternative direction. Respectfully submitted, ZI? l��r Bret M. Plumlee, Assistant City Manager — Management Services Approved for submission by: 'Thomas P. Genovese, City Manager 411 COUNCIL/RDA MEETING DATE: December 16, 2008 ITEM TITLE: Consideration of Rejection of All Bids and Amending the Project Scope of Work for the Village Design and Strategic Plan RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Funds have been established in the 2008/2009 Budget for this project (101-6002- 436-32-10) in the amount of $65,000. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Staff received Council approval to distribute a Request for Proposals (RFP) for the Village Design and Strategic Plan, on July 15, 2008 (Attachment 1). Staff distributed the request for proposals to nineteen professional planning, architectural and design firms. Specific guidelines were outlined and included with the RFP letters (Attachment 2) along with a submittal deadline of August 29, 2008. Eight proposals were received. The selection committee reviewed the submitted proposals and chose three consultant teams to interview; interviews were conducted on September 30, 2008. Cost proposals were opened after the interview process was completed. Two of the three cost proposals from the consultant teams interviewed exceeded the budget amount. The third cost proposal was within budget but included limitations and exclusions that brought into question if the entire project could be 412 completed without ultimately exceeding the budget amount. Though the third cost proposal was only one received that was within budget, this consultant team was not the top choice of the Selection Committee (see below). After considering the three finalists and their cost proposals, staff then reviewed cost proposals from the other five consultant teams and found similar results. The results are as follows: Firm Name Cost RBF Consulting $248,060 (1)* Stantec Consulting $318,411 (2)* The Planning Center $ 64,985 (3) Danielian Associates $171,655 FORMA $ 72,800 MSA Consulting $1 1 1,590 M.W. Steele Group $254,000 Rick Engineering $234,480 * indicates rating of finalists Based upon the results of the RFP process, staff has reconsidered the original scope for this project in an attempt to reduce cost and still maintain the two core objectives of the Plan, which are to review and update the development standards, and to establish an economic development strategy for the Village. Staff has concluded that these two objectives can be divided into two separate work items. The task of reviewing and updating of the development standards can be administered by the Planning Department with staff taking the lead role in managing the project. The City Manager's Office will develop economic development strategies for the Village, which would be addressed as part of the City's Market Study and incorporated into the City's Economic Development Plan. Staff has concluded that the review and update of the Village development standards can be successfully completed with a reduced budget amount of $45,000 while the Village economic development strategy would be included in the cost for the City's Market Study. With the reduced budget amount, staff intends to directly contact the three finalists and request proposals specific to assisting city staff in updating the Village development standards. During the previously conducted interview process, all three firms identified their capability to complete an update to the Village development standards. The City's Market Study request for proposals is an item on today's City Council agenda. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Reject all bids submitted for the Village Design and Strategic Plan and direct staff to amend the project scope to separately address an update to the Village 413 development standards as well as including an economic development strategy in the City's Market Study; or 2. Reject all bids submitted for the Village Design and Strategic Plan and direct staff to work with the Planning Commission to develop a new scope of work for a Village Strategic Plan and to bring the new scope of work back to the City Council for further consideration; or 3. Provide staff with alternative direction. Respectfully Johnion, Planning Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. July 15, 2008 City Council Staff Report 2. Request for Proposal Guidelines 414 ATTACHMENT 1 cea, 4 4& Q" COUNCIL/RDA MEETING DATE' July 15, 2008 ITEM TITLE: Approval to Distribute a Request for Proposals for the Village Design and Strategic Plan AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve the Request for Proposals (RFP) for an urban design and development strategy for La Quinta's Village Commercial District. FISCAL IMPLICATIONS: Staff has budgeted funds in the 2008/09 Budget for this project (101-6002-463-32- 10). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City of La Quinta proposes to enhance and expand the comprehensive streetscape and architectural design guidelines, revise and update the Village Commercial Zoning Ordinance, revisit the existing Village boundaries, and prepare an economic development strategy for the Village District (Attachment 1)• The first portion of the project will focus on examining the past, present, and future direction of design and development in the Village through the applicant's proposed method of public and business outreach. The second portion of the project will involve crafting updated development standards for the Village Design Guidelines, review and update Village boundaries, update the existing Village Commercial Zoning Ordinance, and create an economic development strategy that focuses upon development opportunity of undeveloped and redevelopment properties within the Village. 415 The Village Design Guidelines will include consideration of architectural standards and criteria for both existing and future buildings, streetscape, signs, lighting, circulation, and other related features. These Guidelines will be organized into a comprehensive manual which will compliment the Village Commercial Zoning Ordinance. The Village Commercial Zoning Ordinance will include updated mixed -use regulations, create new illustrative regulations for outdoor sales and special events, specify Village zoning standards and development regulations, revisit height and setback regulations, and reference Village Use Permit application criteria. The economic development strategy would assess and inventory undevQloped and redevelopment properties for potential development opportunities. This information would be consolidated into a final report with recommendations that will constitute the Village Strategic Plan. The consultant selection process will follow the procedures as set forth in the La Quinta Municipal Code. This will involve establishing a selection committee, reviewing all proposals submitted, negotiating a contract with the consultant selected by the committee, concluded by final contract approval by the City Council. The City Manager had tentatively determined that he will appoint the following members to the Selection Committee: Doug Evans - Assistant City Manager - Development Services Les Johnson - Planning Director David Sawyer - Planning Manager Andrew Mogensen - Principal Planner Frank Spevacek - RSG If the City Council wishes to appoint the Selection Committee, it could include one or two Council Members to participate in the selection process. Should the City Council opt to appoint the Selection Committee, the Selection Committee meetings shall be subject to the provisions of the Brown Act unless the City Council formed a committee consisting only of two Council members. If the City Council were to also appoint Agency Staff and/or RSG representatives to the committee, the committee would not qualify as an ad hoc committee and would therefore be subject to the Brown Act. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Request for Proposals for the Village Design and Strategic Plan for the Village Commercial District; or 2. Do not approve the Request for Proposals for the Village Design and Strategic Plan for the Village Commercial District, or 3. Provide staff with alternative direction. 415 Respectfully submitted, Les Johnson Planning Director Approved for submission by: Thomas P. Genovese City Manager Attachment: t . Request for Proposals 417 ATTACHMENT 2 REQUEST FOR PROPOSAL FOR THE VILLAGE DESIGN AND STRATEGIC PLAN FOR THE VILLAGE COMMERCIAL DISTRICT OF THE CITY OF LA QUINTA The City of La Quinta is requesting proposals from qualified professional architects, planners, and designers to prepare an urban design and development strategy for La Quinta's downtown Village Commercial District. The La Quinta Village is at the heart of the City of La Quinta. Although the City was incorporated in 1982, the Village and its adjacent residential neighborhood known as the Cove date back to the 1920's, when they were designed to accompany the historic La Quinta Resort as a residential winter retreat. Although the Village has been slow to develop, it is maturing into a mixed -use village center with several projects having been completed in the past decade. The La Quinta Resort, the Village, and the original Cove neighborhood casitas incorporate Spanish and Early Californian influenced architectural styles. Design standards were originally formulated as a part of the Village Specific Plan created in 1988. As the needs of the community changed, the Village Zoning District and boundaries were modified and more latitude was given to property owners in the form of the current Village Design Guidelines. The complimentary Village Commercial Zoning Ordinance encourages and permits traditional urban form with a variety of mixed -use development within the Village District. Project Description The City of La Quinta proposes to enhance and expand the comprehensive streetscape and architectural design guidelines, revise and update the Village Commercial Zoning Ordinance, revisit the existing Village boundaries, and prepare a development strategy recommendation for the Village District. The first portion of the project will focus on examining the past, present, and future direction of design and development in the Village through the consultant's proposed method of public and business outreach. Based on the collected results, the second portion of the project will involve crafting updated development standards for the Village Design Guidelines, review and update Village boundaries, update the existing Village Commercial Zoning Ordinance, and provide a strategic evaluation identifying future development opportunities. The Village Design Guidelines will include consideration of architectural standards and criteria for both existing and future buildings, streetscape, signs, lighting, circulation, and other related features. These Guidelines will be organized into a comprehensive manual which will compliment the Village Commercial Zoning Ordinance. The Village Commercial Zoning Ordinance will be reviewed to include updated mixed -use regulations, create new illustrative regulations for outdoor sales and special events, specify Village zoning standards and development regulations, revisit height and setback regulations, and reference Village Use Permit application criteria. These proposed changes will be accompanied by a final report which will include an economic development strategy .. 4 19 that focuses upon the development opportunity of undeveloped and redevelopment properties within the Village. It is the intent that the Village Strategic Plan will accomplish the following: 1. Provide a comprehensive assessment of the Village boundaries, Village Design Guidelines, and Village Commercial Zoning Ordinance; 2. Propose new innovative, context -sensitive, Village Design Guidelines 3. Propose a revised Village Commercial Zoning Ordinance 4. Develop standards for incorporating existing structures into the new Village Design Guidelines and Village Commercial Zoning Ordinance. 5. Develop an economic development component with an action plan that identifies future development opportunities. The economic development strategy will assess and inventory undeveloped and redevelopment properties, including potential properties for consolidation. Selected applicants may have the opportunity to provide additional project related services following the outcome of their proposal. Creative ways and means to approach the project are encouraged. Incorporation of environmentally sensitive and sustainable products and methods of design are encouraged. End products should facilitate easy implementation of the Strategic Plan and reflect the current and future market areas the Village serves. It is desirable that this project be completed in a timely and expeditious manner, but should in no event exceed nine months from an official receipt of a Notice to Proceed. Services Requested The City seeks a progressive, creative, and experienced planning or architectural firm to prepare the Village Design and Strategic Plan as discussed herein above. The following are expected to be prepared by the successful firm: ➢ Documents shall be drafted in a manner appropriate and comprehensible for both professionals and the general public including both text and graphic illustrations of sufficient detail and quality to facilitate easy communication, including computer modeling of mass and scale; ➢ Selected graphic material may be required to be in a reproducible form for large -format plans, PowerPoint presentations, and internet use; ➢ Detailed methodology of obtaining community and stakeholder outreach and input; ➢ Scope of work shall include time for public outreach and meetings, including the following: o Planning Commission (up to two meetings); o City Council (up to two meetings); o City staff, as appropriate; and o Community outreach and stakeholders input workshops (up to two workshops, in accord with the proposed methodology) ➢ Concept design proposals shall include colored diagrams showing streetscape, landscaping, layout, and architectural samples, including copies in a format appropriate for presentation and electronic distribution; ➢ Thirty (30) bound color copies of all draft and final documents shall be provided; ➢ All data, informational materials, and work produced shall be provided in reproducible electronic and print form and shall become the sole property of the City. All work produced will be public record and may be posted online. Materials Provided The selected applicant will be provided with appropriate documentation of applicable zoning ordinances, design manuals, aerial photos, maps, and site plans, including a copy of the Village Design Guidelines, the Village Parking Study, and the Village Commercial Ordinance. Most of these documents are currently available on the Planning Department section of the City's website at www.la-guinta.org. Qualifications This project will require the services of a multi -disciplinary team of skilled and capable professionals experienced with small central business district or community mixed -use district planning. The team shall demonstrate that it possesses the following qualifications: ➢ Capability to competently manage the described project, including demonstrated experience of having successfully completed similar projects; .• 421 ➢ Ability to form a project team consisting of capable professionals with all disciplines needed for the job, having adequate resources to successfully complete the project in a timely manner, including a specific commitment as to the time each team member can allocate to the project; ➢ A superior level of commitment to the goals and objectives of the project; ➢ The ability to collaborate in a responsive and cooperative manner, highlighting examples of similar situations; ➢ Sensitivity to the needs of the public and local businesses; ➢ Sensitivity to unique architectural and economic characteristics; ➢ Ability to design and combine detailed and attractive architectural criteria with an effective zoning ordinance; ➢ Fortitude with project management under time restraints or public controversy; ➢ Demonstrated experience in working with the City decision -makers, staff, business owners, and the public. Evaluation and Selection Process Proposals received by the deadline will be reviewed by a Selection Committee. The Committee will rate their selection based upon the materials submitted in each Work Proposal according to the following criteria: ➢ Method of approach, both creative and analytical; ➢ Experiences, qualifications, and resources of firm; ➢ Responsiveness to the RFP, including thoroughness, comprehensiveness, adequacy, clarity, and quality of information provided; ➢ Understanding of the scope of work; ➢ Experience with similar projects and communities; ➢ Ability to comply with the proposed performance schedule; and 422 ➢ Familiarity with the area; The Selection Committee, composed of City staff and advisors, will review the submittals and evaluate them in accordance with the aforementioned criteria. Interviews will be held with the top rated firms. Based on the total evaluation process, the Selection Committee will recommend one firm (and an alternate) to the City Council. Staff will then enter into a contract with the firm selected by Council to complete the project. Submittal All proposals shall be received by the Planning Department no later than close of business on Friday, August 29, 2008. All proposals submitted shall, at a minimum, contain the following information and materials in the following format: Work Proposal (Envelope 1) Submit five (5) copies of a Work Proposal, limited to a maximum of thirty (30) pages. Work Proposals shall, at a minimum, consist of the following information: 1. Cover Letter a.) Name, address, and phone number of the contact person for the remainder of the selection process. b.) Any qualifying statements or comments regarding the proposal and the firm's capability, relevant to the information provided in the RFP. c.) Identification of any sub -contractors and their responsibilities. 2. Statement of Qualifications a.) Names and qualifications of all project team members and sub- contractors and their assignments for the project. Those named must be those who will participate in the project if selected. b.) List of references reflecting previous experience in similar projects. c.) Resume of the project manager and all project team members who will work on the project. 3. Project Understanding and Approach a.) A description of the team's understanding of the project and how the project team will approach project development. 423 b.) Provide samples of related ordinances and design guidelines from comparable cities, including approach and recommended solution. 4. Scope of Work a.) A discussion of the materials and analysis provided. b.) A description of the tasks, sub tasks, and specific deliverables that will be provided. c.) Any other pertinent information deemed appropriate by the applicant. Cost Proposal (Envelope 2) The applicant is to submit a detailed cost proposal for all services and materials including the firm's direct and indirect rate (with overhead). Personnel hours and extended billing rates per classification of personnel will be indicated for each task and/or sub task defined therein. The consultant shall determine a not -to -exceed allowance for reimbursements included within the cost proposal. City Rights and Options This solicitation does not commit the City of La Quinta to award a contract, to pay any cost incurred with the preparation of a qualifications statement, or to procure or contract for services or supplies. The City of La Quinta reserves the right to accept or reject any or all submittals received in response to this request, to negotiate with any qualified source, or cancel in whole or part this process if it is in the best interest of the City to do so. Subsequent to negotiations, prospective consultants may be required to submit revisions to their qualification statements. All proposers should note that any contract pursuant to this solicitation is dependent upon the recommendation of the Selection Committee and the approval of the City Council. The City of La Quinta reserves the right to postpone selection for its own convenience, to withdraw this Request for Proposal at any time, and to reject any and all submittals without indicating any reason for such rejection. As a function of the RFP process, the City of La Quinta reserves the right to remedy technical errors in response to the RFP and to modify the published scope of services. The City of La Quinta will reserve the right to request that specific personnel with specific expertise be added to the team, if the City determines that specific expertise is lacking in the project team. Statements and other materials submitted will not be returned. The City of La Quinta reserves the right to abandon this RFP process and/or change its procurement process for the contract at any time if it is determined that 41) abandonment and/or change would be in the City's best interest. In the event of an abandonment or change, the City will not be liable to any contractor for any costs or damages arising out of its response to the RFP. All proposals shall be received no later than 5:00 p.m, on Friday, August 291h, 2008 All proposals shall be forwarded to: Les Johnson, Planning Director City of La Quinta P.O. Box 1504 / 78-495 Calle Tampico La Quinta, CA 92247-1504 425 /9 INVESTMENT ADVISORY BOARD Meeting November 12, 2008 I CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 4:30 p.m. by Chairman Ross, followed by the Pledge of Allegiance. PRESENT: Board Members Ross, Moulin, Park and Board Member Deniel (4:40) ABSENT: None OTHERS PRESENT: John Falconer, Finance Director and Vianka Orrantia, Senior Secretary II Public Comment — None 111 CONFIRMATION OF AGENDA Mr. Falconer requested that the synopsis handout be added to the agenda under Item B, Correspondence and Written Material. Mr. Falconer advised that staff received proposed changes to the meeting minutes from Board Member Denial and she requested that they are added as amendments to the meeting minutes. IV CONSENT CALENDAR A. Approval of Minutes of Special Meeting on October 15, 2008 for the Investment Advisory Board. Staff advised of the proposed changes by Board Member Deniel as follows: Page 2: Business Session A, second paragraph should read: Mr. Falconer advised that at the previous Board meeting, there was a discussion by Board member Moulin re arding the yields of treasuries and modification of the 30% cap with the investment policy, I ... I Page 3: Business Session A, fourth paragraph should read: Board member Daniel stated that the stability of the portfolio is what is allowed to invest in. 426 Investment Advisory Board Minutes November 12, 2008 V Page 5: Business Session B, fifth paragraph should read: Board Member Daniel advised that page 3 was very viable .,. to the Board [... I Page 6: Item in question, was page 5 not required or required: Should read: Page 5: Required Board Member Rassi advised of the following corrections: Page 7: second paragraph should read: In response to Board Member Daniel, Mr. Falconer advised that the TOT collected is paid directly to the City a month after it is due Page 7: sixth paragraph should read: Board Member Rassi commented that he felt that the suggested changes to the Treasurer's Report would be an MW advantage to the Treasurer's functions. Board Member Daniel suggested that after each agenda item discussed, that a summary be given for clarity of the meeting minutes. Board concurred. MOTION - It was moved by Board Members Rassi/Park to approve the minutes of October 15, 2008, as amended. Motion carried unanimously. BUSINESS SESSION A. Transmittal of Treasury Report for September 2008 Mr. Falconer presented and reviewed the staff report advising the Board that the portfolio decreased by $17 million due to the following: $11 million in debt service payments, $6.2 million in capital projects, $4.7 million in low -moderate income apartments located on Avenue 48' and Adams Street, along with bridge improvements at Avenue 52, in addition to street improvements along Highway 111, and the balance of $200,000 in SilverRock. Investment Advisory Board Minutes November 12, 2008 Mr. Falconer reported that the portfolio maturity remained the same, with the 30% commercial paper limitation met due to the portfolio decreasing in size. Mr. Falconer also reported that a Freddie Mac piece matured but was not reinvested due to the decline in cash balances; therefore it was replaced with a six-month T-Bill. The overall portfolio performance has decreased due to the current market, with the yields decreasing to 2.64% and the pooled cash investments at 2.81 %. Mr. Falconer advised that his last three investments have been in T-Bills, again due to the commercial paper limitation. Board Member Moulin advised of the items discussed by the State Treasurer, stating that it was to difficult to implement any type of help with the consumer's mortgages, and further stated that the State will give the money directly to the banks for distribution/application of the funds. It was also reported that the spreads on interest have narrowed with no clarification whether GSE's have or do not have the full faith and credit by the U.S. MOTION - It was moved by Board Members Deniel/Moulin to approve, receive and file the Treasury Report for September 2008. Motion carried unanimously. B. Discussion of Matters of Joint Interest to the Members of the City Council and the Investment Advisory Board Chairman Ross advised the Board of the scheduled joint meeting with the City Council and the Investment Advisory Board on November 25'h 2008 at 7:00 p.m. in the Study Session room. He further advised that the Board would need to submit items of discussion prior to the meeting so that they can be placed on the agenda. All Board members will be in attendance with the exception of Board Member Moulin. In response to Chairman Ross, Mr. Falconer advised that he would like to discuss the investing of U.S. Treasuries. The Board agreed to list the following as items to be discussed: 1) Thank Councilman Osborne for his years of service on the Investment Advisory Board and City Council, along with congratulating Mayor 3 428 Investment Advisory Board Minutes November 12, 2008 Adolph on his reelection to Mayor as well as to Councilman Sniff for his reelection, and Councilwoman Franklin to her election to Council. 2) Reiterate the objectives of the investment policy; safety, liquidity and yield. 3) Treasurer to discuss investing in U.S. Treasuries and the consequent result of investing in U.S. Treasuries would be the lowering of the yields. MOTION - It was moved by Board Members Park/Deniel to approve the discussion matters for the joint meeting on November 25, 2008. C. Continued Discussion of the Investment Advisory Board 2008/09 Work Plan Mr. Falconer advised that page 7 reflected the recommended changes from the previous Board meeting. Mr. Falconer stated that he felt that the Board wanted to improve the Treasurer's Report without deleting any pages from the report. The Board along with Staff reviewed the Treasurer's Report and made the following recommendations: Page 2 & 3: Pages 2 & 3 are to be retained with no necessary changes/deletions. Page 4: Board concurred, along with the Treasurer to remove the columns titled "surplus," in addition to the row titled "Investments Agreements for Bond Proceeds and/or Reserve Funds." Page 5: It was agreed upon by the Board to delete the columns entitled "Surplus" and "Rank," the column "Book" will now read "Book Value." Page 6: It was agreed upon by the Board to delete the columns entitled "Surplus" and "Rank," the column "Book" will now read "Book Value." Mr. Falconer advised of the three changes made to page 7 derived from the previous Board meeting, the recommended changes were as follows: Deletion of the "Par" column, the break down of purchases and maturities of the bond funds, with the report reflecting $5 million maturing in interest income in Money Market Mutual Funds, in addition to a separate line item for checking and savings, which was previously reflected under 4 429 Investment Advisory Board November 12, 2008 Minutes "Yield to Maturity." Page 7: The following changes were agreed upon by the Board: reconcile page 7 to page 2, on page 2 the Treasurer needs to segregate purchases from sales, the title "Mutual Funds" will remain as "Mutual Funds," due to the source of the mutual fund purchases not being identified, the second line of Mutual Funds will read "Reinvested Interest Income" as opposed to Interest Income, and the sales will read "Mutual Funds" in place of "Bond Draw." MOTION - It was moved by Board Members Rassi/Deniel to approve the suggested changes and continue the discussion of the Fiscal Year 2008/09 Work Plan to the December meeting. VI CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report — October 2008 Mr. Falconer advised of the decrease in interest rates in LAIF and in U.S. Treasuries. Noted and Filed B . Pooled Money Investment Board Report — August 2008 and LAIF Conference Materials Mr. Falconer advised of the record setting attendance at this year's LAIF Conference. He further advised that in previous years, (with anywhere from $800 million to $1 billion to invest), the investments made by the State were normally completed within 10 minutes. This year, they were still investing after a half hours time; due the unavailability of quality commercial paper, most investments made were placed into six-month T- Bills. Chairman Ross commented that the State had sold $5 billion of the Revenue Anticipation Notes with a settlement date of six days. Mr. Falconer advised that the State's focus has changed and their main focus is now towards safety and credit analysis, with no investments in asset backed commercial paper with more conservative investments. Chairman Ross advised that it was reiterated that LAIF is secure from the State and those cities with monies invested in LAIF belong to them. 5 430 Investment Advisory Board Minutes November 12, 2008 Chairman Ross commented on two items of interest at the LAIF Conference: the first one was $70 million in Country Wide Notes in the Pooled money account and the downgrade of these securities, and the discussion by the Chief Investment Officer and the Finance investment staff to keep or sell the securities. The matter was taken before the State Treasurer and the decision was to keep the securities, at which time Bank of America took over the guarantees. The second item of interest was the actual investments of the remaining revenue anticipation note proceeds and an offer from General Mills for $400 million in commercial paper at 4%, and the Chief Investment Officers decision to pass on the offer because he felt it was a warning signal that their need for cash might be to great for the times. In response to Board Member Denial, Mr. Falconer advised that the City has never invested in Lehman Brothers paper although other cities and counties do hold this type of commercial paper. Noted and Filed VII BOARD MEMBER ITEMS In response to Chairman Ross, Mr. Falconer advised that the reporting period for Form 700 is usually during the calendar year and will need to be filed sometime in April. Vill Adjournment MOTION - It was moved by Board Members Deniel/Moulin to adjourn the meeting at 5:55 p.m. Motion carried unanimously. ztrLe- Vianka Orrantia, Senior Secretary 3 431 REPORTS/INFORMATIONAL ITEM: MINUTES HISTORIC PRESERVATION COMMISSION MEETING A Regular meeting held in the Study Session Room at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA August 21, 2008 This meeting of the Historic Preservation Commission was called to order by Chairman Wilbur at 3:02 p.m. who asked for the roll call. I. CALL TO ORDER A. Roll Call. Present: Commissioners Puente, Redmon, Sharp, Wright, and Chairman Wilbur Absent: None Staff Present: Planning Manager David Sawyer and Secretary Monika Radeva. II. SELECTION OF OFFICERS: It was moved and seconded by Commissioners Redmon/Wright to nominate Maria Puente as Chair. Maria Puente was unanimously elected as Chair. It was moved and seconded by Commissioners Wright/Sharp to nominate Peggy Redmon as Vice Chair. Peggy Redmon was unanimously elected as Vice Chair. There being no further nominations, the nominations were closed. III. PUBLIC COMMENT: None IV. CONFIRMATION OF THE AGENDA: Confirmed .. 432 PA\Reports - CC\2008\12-16-08\HPC_Min_8-21-08_Approved.doc Historic Preservation Commission August 21, 2008 V. CONSENT CALENDAR: A. It was moved and seconded by Commissioners Wright/Redmon to approve the minutes of June 19, 2008, as submitted. Unanimously approved. VI. BUSINESS ITEMS: A. Phase 1 Archaeological and Historical Resources Assessment for 43- 632 Washington Street Applicant: Yuri Levitan Consultant: Archaeogroup (James Brock) Location: On the East Side of Washington Street Approximately 800 Feet North of Fred Waring Drive Planning Manager David Sawyer presented the information contained in the staff report, a copy of which is on file in the Planning Department. Present were the applicant, Mr. Yuri Levitan, and a representative from Archaeogroup, Mr. James Brock. Commissioner Redmon said she did not have any concerns with the project in terms of the Commission's preservation responsibility as that aspect was addressed by the Native American Monitor. However, she asked the applicant if the entrance to the carwash would be on Washington Street or Fred Waring Drive. Mr. Levitan replied the entrance would be placed on Washington Street. Commissioner Redman asked if measures had been taken to defuse the potential traffic from the car wash such as a right turn lane, etc. Planning Manager David Sawyer replied the traffic issues would be reviewed and addressed by the Architecture and Landscape Review Committee and the Planning Commission. Commissioner Sharp commented on the mentioning of an Indian Village site in the staff report. Mr. Brock replied the site was more than half a mile away. Commissioner Wright clarified the site was closer to Whitewater. 433 P:\Reports - CC\2008\12-16-08\HPC_Min_8-21-08_Approved.doc 2 Historic Preservation Commission August 21, 2008 Commissioner Puente asked if the plans were for a shopping center. Planning Manager Sawyer replied the plans were to build a car wash. There being no further comments it was moved and seconded by Commissioners Redmon/Puente to approve Minute Motion 2008-003 accepting the Phase 1 Archaeological and Historical Resources Assessment for 43-632 Washington Street as submitted. Unanimously approved. VII. CORRESPONDENCE AND WRITTEN MATERIAL: A. Attendance Update Planning Manager David Sawyer asked the Commissioners if the attendance update could be provided on a quarterly rather than every meeting. He added that the Architecture and Landscape Review Committee and the Planning Commission had already agreed on receiving the attendance update quarterly. The Commissioners agreed. Vill. COMMISSIONER ITEMS: None IX. PLANNING STAFF ITEMS: None X. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Wright/Sharp to adjourn this Meeting of the Historic Preservation Commission to the next Regular Meeting to be held on September 18, 2008. This meeting of the Historic Preservation Commission was adjourned at 3:15 p.m. Unanimously approved. Submitted Monika R Secretary .• 434 P:\Reports - CC\2008\12-16-08\HPC_Min_8-21-08_Approved.doc 3 REPORTS/INFORMATIONAL ITEM: a I MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA October 28, 2008 CALL TO ORDER 7:03 P.M. A. This meeting of the Planning Commission was called to order at 7:03 p.m. by Chairman Ed Alderson who asked Commissioner Barrows to lead the flag salute. B. Present: Commissioners Katie Barrows, Paul Quill, Mark Weber, Robert Wilkinson, and Chairman Ed Alderson. C. Staff present: Planning Director Les Johnson, Principal Engineer Ed Wimmer, Planning Manager David Sawyer, Assistant City Attorney Michael Houston, Principal Planner Andrew Mogensen, Assistant Planner Eric Ceja, and Executive Secretary Carolyn Walker. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: Chairman Alderson asked if there were any changes to the Minutes of October 14, 2008. Commissioner Weber requested the following amendment: Page One, Item I(A) should read: This meeting of the Planning Commission was called to order at 7:04 p.m. by Chairman Ed Alderson who led the flag salute. With that correction, it was moved and seconded by Commissioners Barrows/Wilkinson to approve the minutes as submitted. Unanimously approved. 435 P:\Reports - PC\2008\1 1-1 2-08\Final Minutes 10-28-08.doc Planning Commission Minutes October 28, 2008 V. PUBLIC HEARINGS: A. Continued - Conditional Use Permit 2008-114; a request of La Quinta Farmers Market/Bazaar for consideration of an Outdoor Market, located at 77-880 Calle Tampico; Benjamin Franklin Elementary School in the La Quinta Village. Chairman Alderson noted that the applicant has requested a continuation of this item to November 25, 2008, and he opened the public hearing. There were no comments from the public, and he then closed the public hearing portion of the meeting. There being no further discussion, from either the public or the Commissioners, it was moved and seconded by Commissioners Barrows/Quill to continue Conditional Use Permit 2008-114 to the Planning Commission meeting of November 25, 2008. Unanimously approved B. Tentative Parcel Map 35559 and Site Development Permit 2008-903; a request for consideration of a Tentative Parcel Map and Site Development Permit for a 50,000± square foot retail commercial center located east of Washington Street, West of Caleo Bay Road, 500 Feet North of Avenue 48. Chairman Alderson opened the public hearing and asked for the staff report. Principal Planner Andrew Mogensen presented the staff report, a copy of which is on file in the Planning Department, corrected the size of the site as 3.8 acres instead of 4.8, as noted. He then presented the information contained in the staff report. Chairman Alderson asked about the height of the projections. Staff gave the measurements and allowable standards. Principal Planner Andrew Mogensen read a memo, submitted by the Public Works Department requesting the following addition to the recommended conditions of approval: 1. Ongoing maintenance of all permeable paver systems shall include sweeping the pavers at a minimum of once per month as approved by the City Engineer. 436 P:\Reports - PC\2008\11-12-08\Final Minutes 10-28-08.doc 2 Planning Commission Minutes October 28, 2008 Commissioner Wilkinson had a question about one of the line of sight studies. Staff replied it represented the view of the project from a point six feet from the ground and noted the adjacent properties had a wall. Staff deferred additional questions to the project architect. Chairman Alderson asked about the Line of Sight Exhibit LS-10 wanting to know if the figure standing was in the dwelling. Staff said the figure was supposed to be standing behind a block wall. Commissioner Weber asked about the water feature. Staff pointed to the graphics showing four water features which are conditioned to comply with the current Water Efficiency Ordinance. Part of that Ordinance requires the water feature to actually have a function. In this instance the developer intends to have water features that act as cooling features to the adjacent seating. Chairman Alderson asked about the volume of water used on the water features. Staff deferred to the developer to respond to this question. Chairman Alderson asked about the plans for the property to the north. Staff answered there is no application on file for that property. Chairman Alderson asked about the hydrology of the project. He was concerned about the grade difference between the street and the pad. He asked for information on the storm drains. Principal Engineer Wimmer replied he had included some slides in anticipation of any hydrology questions and he complimented the developer on working with the City on efforts to resolve any possible hydrology issues. Principal Engineer Wimmer described the retention basin and underground storage areas planned to remove project -related water to Washington Street. He also provided information on removal of stormwater through a series of storm drain pipes to direct the water out to Caleo Bay and eventually into Lake La Quinta. Commissioner Quill asked if the original intent, when this parcel was set up, was to drain the stormwater into Lake La Quinta. Commissioner Weber asked if the parcel next to it would be set up to drain into Lake La Quints also. 431 P:\Reports - PM2008\1 1-1 2-08\Final Minutes 10-28-08.doc 3 Planning Commission Minutes October 28, 2008 Principal Engineer Wimmer said he was unsure, but he believed the original intent was for this whole area to drain into Lake La Quinta. Chairman Alderson asked about the three ways water was drained off the site and Principal Engineer Wimmer confirmed his information. Chairman Alderson asked if the shoe box light fixtures would be shielded for the neighbors. Staff said they would be. There being no further questions of staff, Chairman Alderson asked if there were any applicant representatives or comments. Mr. Dick Talbert, President of Talbert Development, 1719 Rudell Road, Burbank, California 91501, presented an e-mail, in support of the project, from the President of the Lake Quinta Homeowners' Association. Copies of the e-mail were distributed to the Commissioners. He said the design team (Perkowitz and Ruth), the civil engineer (SC Engineering) and the landscape architect (Michael Buccino) were present to explain their contributions to the development. Mr. Brian Wolf with Perkowitz and Ruth, 111 West Ocean Boulevard, Long Beach, California, presented information on the design of the plan and the layout of the center. He spoke about the building height and variations and emphasized the uniqueness of the design and the clock tower feature. He discussed the trellis areas and the fact that the project is sustainable. They have tried to be very attentive to pedestrian linkage including the driveway linkage to Caleo Bay. He explained the ADA linkage accessible to the street and pedestrian linkages in various areas of the site. He explained the use and purpose of the water features. Mr. Wolf said all of the cross sections were taken at eye level and explained the site/elevations. Chairman Alderson asked if that was the worst case scenario and Mr. Brian said it was. Commissioner Wilkinson had a question about Section AA and the height of which the point prospective was taken. Mr. Wolf replied it was five feet, five inches. Commissioner Wilkinson asked if the lowest building perspective was 28 feet and Mr. Wolf replied it was actually 23 feet. Commissioner Wilkinson asked if the Section DD building height was the same. Mr. Wolf said the height was actually 25 feet high. Commissioner 438 P:\Reports - PC\2008\1 1-1 2-08\Final Minutes 10-28-08.doc 4 Planning Commission Minutes October 28, 2008 Wilkinson asked if that showed the rotunda area. Mr. Wolf gave details of the parapets and pitch tiled roofs. He explained the maximum height of each building. Commissioner Wilkinson asked about the 40 foot building height projection. Mr. Brian said the 40 foot tower is approximately 60 to 65 feet inward. He pointed out where it on the site plan. Commissioner Wilkinson wanted to get a prospective of the tower and rotunda versus the residences nearby. He asked if it would encroach on the line of site. Mr. Brian said it would. He commented on the size of the element at the end of the building. He added there was a pretty significant screen wall. Chairman Alderson said the Commission was very concerned about the line of site for the residents nearby. Commissioner Wilkinson said there was a slide showing the adjacent street and properties. He wondered if the first few houses on the corner would be looking at the development and wanted to determine what their line of site since it would make a difference to the residents. Chairman Alderson commented on the configuration of the site and the fact the applicant had been sensitive to the line of site of the buildings for vehicles passing. Commissioner Barrows said she was delighted to see the LEED certification. She asked the applicant to walk through the features of the LEED certification; with specific emphasis on the glass exposure. Mr. Wolf pointed out various features and said dual -glazed windows would be added where they were unable to fully shade the windows. Commissioner Barrows asked if they would anticipate making any major changes in the building because of the LEED process. Mr. Wolf said they did not anticipate any major changes. Mr. Dick Talbert said they have had half a dozen meetings with the Lake La Quinta Homeowners' Association. He pointed out an aerial view of one of the houses and stated that was the only homeowner who voiced concern. He said the only other homeowners directly affected had a very high wall and the impact would not be significant for them. .1. 439 P:\Reports - PC\2008\1 1-1 2-08\Final Minutes 10-28-08.doc 5 Planning Commission Minutes October 28, 2008 Chairman Alderson said he thought the previously approved plan was a three story hotel and this plan would not impact the view as significantly. Commissioner Quill said this was a condominium parcel map. He asked about the footprint of the building and the fact that there would be four separate condominiums on the project with the homeowners' association maintaining each of the individual condominium units. He asked if each individual building could be sold to a separate owner. He also had questions about the ownership and long term maintenance of the properties. He asked if there would be an association of the four properties that would own, operate, maintain, take care of, and pay insurance .on all of the building improvements, the parking lots, everything. Mr. Talbert replied that was correct. Commissioner Quill asked if everything outside of the individual building was common area. Mr. Talbert said that was correct. Michael Buccino, 77734 County Club Drive, Palm Desert, landscape architect on the project commented on how the developer appreciated the sensitivity of the architecture to human use. He said the various textures and colors have a bit of a European style. This would be more of a pedestrian space, encircled by pedestrian walkways. He described the walkability of the area. He wanted to draw attention to the interior space. He described the screening of the project by trees. He pointed out the design highlights of the area and the fact that people could come in walk around and enjoy a cup of coffee, sit and relax, and enjoy the ambiance that the development had to offer. The water features area is an extension of the architecture. The developer has been working to have water features that work with the architecture and spread out a bit to cool the air around them. Mr. Buccino said they didn't just want to include a three -tiered fountain. Chairman Alderson asked if he could share any details on the water feature. Mr. Buccino said the water features would be shallow and would include no large flow. It was more of a human scale to sit next to it and not be drowned out. Commissioner Barrows had a question about the water features in that they have tried to limit water features and have requested they be functional. She appreciated the atmosphere they provide but she was concerned about the fact there were four water features and it appears 440 PAReports - PC\2008\11-12-08\Final Minutes 10-28-08.doc 6 Planning Commission Minutes October 28, 2008 there is an intent to install a misting system and a lush landscaping palette. She was also concerned that the fountains were described as being cooling features. Mr. Buccino described how the water features would have a cooling effect on people who gathered to sit near those features. The trees give off moisture, and the water features would have a lot of positive effects. Commissioner Barrows said since there was not a definite plan on the water feature. She asked if he would be amenable to some limited surface area or quantity. She said, even though they are going for LEED certification, it is not just the water; it's the pumping and treating. Mr. Buccino said a very important part of the design includes following the requirements of the City. Mr. Talbert said they designed it to make it functional and they are going to be small water features. He was not sure how they could best satisfy the Commission. Possibly they could provide the Planning Director with a precise design. Commissioner Quill suggested they deal with that during their discussion. Chairman Alderson had a question about the final landscaping plans. Staff said the final landscaping plans are not conditioned to come back to the Commission. Commissioner Barrows asked Mr. Buccino how a bicyclist would maneuver through the project. Mr. Buccino described the areas set up with bike racks and the circulation of the project. Chairman Alderson asked about the landscaping which currently exists on Washington Street. He commented that about 50% of what is there now does not match what is on the plans. He asked how the landscaping would be changed to match the plan of the new development. Mr. Buccino said there were date palms that currently existed and he did not want to take them out. He pointed out what would be replaced and what would be retained. ,,,., . 441 P:\Reports - PC\2008\11-12-08\Final Minutes 10-28-08.doc 7 Planning Commission Minutes October 28, 2008 Chairman Alderson asked for confirmation that they were going to be modifying the existing landscaping to work with their development, and asked if they were, or were not, going to take out the large palms. Mr. Buccino said they were not and then explained the reasons why. There being no further applicant comments Chairman Alderson asked if there was any public comment. There being no further questions, or public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Commissioner Wilkinson asked about the deceleration lane and the landscaping to the north of the shade structure near the bus stop. He was concerned about issues where the sidewalk was right next to the street. Chairman Alderson said the situation he was referring to was near a school. Commissioner Wilkinson said it was difficult to tell what was being removed due to the inclusion of the deceleration lane. His major concern was public safety with the sidewalk adjacent to the street. However, he commented he did like the architecture of the buildings. Commissioner Quill said everything was beautiful and he had no issues. He said the sidewalk was adjacent to the curb right now and the applicant did not own that property. He said there was another area where there was grass that did not have any useful purpose, but the grass would have to be redone by the time the project was built. Commissioner Quill said he really liked the idea of some limited gpm (gallons per minute) or limited cubic feet of water. He said there should be some limiting factor in the four water features to make them more acceptable, with certain criteria, to provide an evaporative cooling effect of the water. He said he would support getting rid of the turf. Planning Director Johnson said this is the first project that's come before the Commission with the new water efficient provisions in effect. The applicant is requesting multiple water features to be established within a project and as designed, the new provisions require specific approval of the fountains by the Planning Commission. He said staff shared in the PAReports - PC\2008\11-12-08\Final Minutes 10-28-08.doe 442 s Planning Commission Minutes October 28, 2008 Commissioners' concerns on saving electricity and water and was receptive to the direction of the Commission to handle the fountains issue at either an administrative level, or by bringing it back to the Commission for consideration. He was sure the applicant was concerned about the Commissions' direction. Commissioner Quill gave examples of water features and their capacity. He gave suggestions of how the water features could be limited. He also included the possibility of limiting the pumping features of the water features with no more than '/2 horsepower of pumping capacity. He said that was the equivalent of a pool pump. Commissioner Weber said there would be an efficiency on the motors that the LEED certification would address. He suggested the applicant come back with some creative ways to deal with the problem and set a precedent to follow in the future. He commented on the water features and how the problem could be resolved. He suggested it could come back as a business item. Commissioner Barrows suggested one of the water features be removed. She suggested the applicant could use sculpture instead of a water feature. She thought the water features could do some cooling but thought there were too many water features. She suggested a waterfall or other water feature that was shallower and gave more of a feeling than an actual pool. She strongly encouraged the use of a sculpture with water that trickled down rather than a pool. She said the applicant could look into how water can be used more creatively and then bring it back to the Commission. Commissioner Quill agreed with Commissioner Barrows. He said the most common water features don't have a pond with them, the sculpture shows the water and the water stays below the surface without the opportunity to evaporate as much. He suggested the water feature in the middle of the parking lot be removed or replaced with a dry sculpture feature. Discussion followed of where the water feature was. Chairman Alderson re -opened the public hearing. 443 P:\Reports - PC\2008\11-12-08\Final Minutes 10-28-08.doc 9 Planning Commission Minutes October 28, 2008 Rob Bernheimer, 45025 Manitou, Indian Wells, pointed out the locations of the water features, and said the applicant is amenable to having this come back as a business item, but it would be a number of months before that would happen. He asked if these water features ultimately could comply with any standards adopted in the interim, would they still have to come back or could they be approved by staff. Chairman Alderson asked if the applicant was willing to accept the standards if the Commission elected to do something in the future. Mr. Bernheimer said yes. There being no further questions, or public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Commission Barrows asked about the landscaping on Washington and commented on a retention basin replacing turf. She was amenable to having staff work with the applicant. Chairman Alderson was concerned about overloading conditions on the applicant to the overall detriment of this project. He said the Commission did not want to impede their progress. Chairman Alderson asked the applicant if he was familiar with all the conditions of approval included in the staff report; including those regarding landscaping. Mr. Talbert said yes. Chairman Alderson applauded the LEED certification. He asked about the shared parking agreements with the properties to the north and south. Staff said it was a shared access to both of the properties to the north and the south. Chairman Alderson said Committee Member Rooker of the Architecture and Landscaping Review Committee (ALRC), commented he did not like the orientation of the buildings. Chairman Alderson said it was good that he was concerned. Staff explained what Committee Member Rookers' concerns were such as visibility along Washington. Chairman Alderson asked if there were seats around the fountain. Mr. Buccino said there were but they were small. Chairman Alderson said this was a wonderful project. 444 PAReports - PC\2008\1 1-1 2-08\Final Minutes 10-28-08.doc 10 Planning Commission Minutes October 28, 2008 Commissioner Wilkinson said if there was a reclaimed water situation then the Commission did not have a problem with it. Staff gave an explanation about potable water and special consideration to grant that use. Commissioner Wilkinson said if the applicant used reclaimed water from landscaping or air conditioning condensation there would be no restriction on sizes. If they used a solar powered pump, there would be no power issues. Staff gave an explanation of reclaimed water and the public interacting with it. Chairman Alderson commented on the timely completion of project and bonding. He referenced Page 27 of the staff report. Staff explained the stipulation which had to do with the subdivision improvement agreement (SIA) that is put on all tract and parcel maps. He explained the time frame and stipulation of the SIA and requesting time extensions from the City Council. There is a time established. It is one year, the first time around, and then up to the Council thereafter. There was no further discussion, and it was moved and seconded by Commissioners Barrows/Quill to approve Resolution 2008-030 for Tentative Parcel Map 35559 with conditions (#75) as provided by staff added to the Parcel Map. Unanimously approved. There was no further discussion, and it was moved and seconded by Commissioners Barrows/Quill to approve Resolution 2008-031 for Site Development Permit 2008-903 with condition (#85) added and (#88) was modified, as provided by staff, as well as applicant and staff working to address water features for future Commission review as a Business Item (#81). Unanimously approved. VI. BUSINESS ITEMS: A. Appeal 2008-002; a request of Standard Pacific Homes for consideration of an Appeal of Director's Determination, Dated September 24, 2008, that Tentative Tract 33336 Does Not Qualify for the Automatic Time Extension Provided for in Section 66425.6(A)(1) of the California Government Code. The development is located at Avenue 58, One - Quarter Mile West of Madison Street. ,.- 445 PAReports - PC\2008\11-12-08\Final Minutes 10-28-08.doc 11 Planning Commission Minutes October 28, 2008 Chairman Alderson opened the public hearing and asked for the staff report. Planning Director Les Johnson informed the Commission this item was being pulled from the agenda as there was a possible administrative remedy for this item. If it needed to come back it would be agendized. VII. CORRESPONDENCE AND WRITTEN MATERIAL: A letter and material were distributed from the new Fresh & Easy Neighborhood Market. Chairman Alderson thanked the Public Works Department for their cooperation in providing the monthly Capital Improvement Reports. VIII. COMMISSIONER ITEMS: Commissioner Wilkinson gave a report on the City Council Meeting of October 21, 2008. Chairman Alderson is scheduled to present the next Council report. Commissioners requested the "Smart Controllers" and Landscaping Requirements be continued, from the October 14, 2008, meeting to this meeting for discussion. At the Planning Commissioners' request, Planning Director Les Johnson presented information on the City's requirements for Smart Controllers. A copy of the memo from the October 14, 2008, meeting was distributed to the Commissioners. Commissioner Wilkinson commented about not having a request for a Smart Controller followed through with. Staff said it was a very excellent program and said they would look into it. Chairman Alderson commented on the process, costs, and location of the Smart Controllers. Commissioner Weber said he signed up for the next Planning Commissioner's Training which was scheduled to be about demystifying traffic studies, etc. He said he will report back to the Commission and thanked the City for the opportunity to attend. 446 P:\Reports - PC\2008\11-12-08\Final Minutes 10-28-08.doc 12 Planning Commission Minutes October 28, 2008 Commissioner Weber commented on a Builder's workshop at the Woodhaven Country Club on global greening and incentives. He said it might be a good primer on Title 24, and added CVWD is also having a golf and water symposium. It would be a comprehensive agenda on water in the Valley and its impact on tourism, as well as the Mid Valley Water Project. Commissioner Weber commented on Trails Day print out and information on the City's promotion through Community Services. Commissioner Quill asked to make a presentation at the November 12, 2008, meeting. Staff pointed out there would be several items, but Commissioner Quill could be added to the agenda. Chairman Alderson commented on the Smart Controllers memo, 2nd paragraph, regarding public areas. He asked what options are available if the developer doesn't elect to do the landscaping on that project. Could the Commission consider mandating Smart Controllers be required everywhere. Staff said the memo focused on requirements for all tract homes. The applicant/developer receives approval (via the Site Development Permit) for all land activities including the front yards of the homes, etc. He described the requirements that have to be addressed as part of the Certificate of Occupancy for those homes and the fact that Building & Safety validates that a controller is a part of the landscaping for those homes. Staff added the regulations for the City could be amended that would impose Smart Controllers on all single family homes. Custom homes are currently exempt. However, because of the price point of those homes they are currently putting in very elaborate controllers on their homes. That does not mean that they are Smart Controllers, but they are state of the art. The original ordinance was fairly cutting edge at the time and was ahead of most cities in the Valley. That was the first step in a more conservation -focused set of standards and in the future, we can focus on more key items. IX. DIRECTOR ITEMS: Planning Director Johnson reminded the Commissioner that the next Planning Commission meeting would be held on a Wednesday (11/12/08), due to the Veteran's Day holiday. 441 P:\Reports - PC\2008\1 1-1 2-08\Final Minutes 10-28-08.doc 13 Planning Commission Minutes October 28, 2008 X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Barrows/Quill to adjourn this regular meeting of the Planning Commission to the next special meeting to be held on November 12, 2008. This regular meeting was adjourned at 8:54 p.m. on October 28, 2008. Respectfully submitted, qiW Caroly�f Mlker, Executive Secretary City of La Quinta, California 443 P:\Reports - PC\2008\11-12-08\Final Minutes 10-28-08.doc 14 Department Report: I - A 04 c N OF T1 TO: The Honorable Mayor and Members of the City Council FROM: Bret M. Plumlee, Assistant City Manager, Management Services DATE: December 16, 2008 SUBJECT: Department Report - Response to Public Comment The following public comment was made at the December 2, 2008 City Council meeting: 1. Stan Ford, Coachella Valley Recreation and Parks Department (CVRPD), announced they have changed their name to Desert Recreation District. Mr. Ford also welcomed new Council Member Franklin, congratulated Council Member Sniff for his re-election to the City Council. 2. Michael Day, Local 4381 Janelo Drive, Regional Manger for the Laborers International Union of North America, Local 1184 Thousand Palms, represents 450 golf course maintenance workers and 30 golf courses in the valley. Spoke on their behalf regarding a dispute they are having with the Drummond Company, who manages the Rancho La Quinta Country Club and Andalusia at Coral Mountain. 3. Theron Connor, 33-465 Foxtail Trail, asked the Council's support of the union and workers at the Rancho La Quinta Country Club, who feel they are not being treated fairly. 4. Albert Gamez, employee at Rancho La Quinta Country Club, asked the Council's support of the workers in their contract negotiations. 5. Julio Maroquin, 4467 Rubidoux Avenue, Riverside, spoke on behalf of the golf course maintenance workers in the Valley and asked for Council's support of their efforts. 449 5. Julio Maroquin, 4467 Rubidoux Avenue, Riverside, spoke on behalf of the golf course maintenance workers in the Valley and asked for Council's support of their efforts. 450 Department Report: /-5 OF TO: The Honorable Mayor and Members of the City Council FROM: Bret M. Plumlee, Assistant City Manager — Management Services DATE: December 16, 2008 RE: Department Report — Grant Update The following is an update of various grants for which City staff has received funding, as well as updates on existing grants. During this calendar year, the City was awarded $1,742,572 in grant funds. Grants Applied for and/or Awarded in 2008 Department of Conservation The California Department of Conservation provided $10.5 million in funding through their City/County Payment Program beverage container recycling and litter cleanup projects for 2008/2009. The City received notification of grant funding for this program in March 2008 and was awarded $10,780, on August 14, 2008. A portion of the funds were used for furniture for the Museum courtyard and for parks and signage in various locations throughout the City. Indian Gaming Special Distribution Fund (SB 621) Pursuant to California 2003 Senate Bill 621, appropriations from the Indian Gaming Special Distribution Fund were made to certain local government agencies impacted by tribal gaming. The Augustine Band of Cahuilla Indians submitted a letter of sponsorship in support of the City's application, which included a recommendation to fund the City's request for $886,250, over a five-year period, to be applied toward salary and benefits for an additional motor officer to assist with traffic enforcement. The City had received funds for the four previous years, however the fifth and final year of the grant is contingent upon availability of State funding. An application was submitted in early December 2008 for $177,250. If approved, these funds would continue to pay for the majority of salary and benefits of a motor officer. State of California Proposition 1 B — Local Streets and Roads Improvement, Congestion Relief, and Traffic Safety Account Funds Local street and road funds were approved by Governor Schwarzenegger in 2007 to allocate $950 million for cities and counties. The City of La Quinta had been allocated $1,271,825, by formula, for use on its local transportation infrastructure. The City applied for and received its first allocation in the amount of $660,937 during Fiscal Year 2007/2008 for the funding to the Avenue 58 Pavement Rehabilitation Improvements for the portion of Avenue 58 from Jefferson Street to Madison. The second allocation in the amount of $610,888 is now available for use during Fiscal Year 2008/2009. Staff is recommending this year's allocation be used on Washington Street from Avenue 50 to approximately 600 linear feet north, and is on the December 16, 2008 Agenda for Council's approval. Edward Byrne Memorial Justice Assistance Grant (JAG) The City applied for $10,607 in June 2007, for the purchase of two Segway people movers to be used by the Police Department in commercial areas. After special training of the Police staff, the Segways were operational in early November 2007. In March 2008, the City received the grant funds. California Office of Traffic Safety (OTS) This Sobriety Checkpoint program is administered through the University of California Berkley Traffic Safety Center. The City applied for funding in the amount of $27,232 for two sobriety checkpoints for the period of December 14, 2007 to January 3, 2008, and August 17, 2008 to September 3, 2008. In May 2008, the City received the first check in the amount of $10,215. We also applied for a second Sobriety Checkpoint program to fund two sobriety checkpoints for the periods of December 12, 2008 to January 3, 2009, and August 21, 2009 to September 7, 2009. The City received notification on November 5, 2008 that it was awarded $24,676 for the two checkpoints, and the funds will be forthcoming. 452 National Highway Traffic Safety Administration (NHTSA) The University of California Berkley Traffic Safety Center also serves as grant administrator for The California Office of Traffic Safety (OTS), for Click It or Ticket mobilization throughout California. The goal of the Click It or Ticket Program was to increase seat belt use statewide to 95% in 2008 through the combined efforts of the California Highway Patrol (CHP), OTS and local law enforcement for the period of May 12 to June 1, 2008. The grant funds were based upon the population and , funds covered actual overtime costs for supervisors, officers/deputies, dispatchers, and administrative personnel during the mobilization time period. The City received $5,000 in August 2008. The OTS also administered a mini -grant program entitled FY 2009 Next Generation Click it or Ticket. The City applied for this grant funding in the amount of $144,056 for the period of October 1, 2008 to September 8, 2009. The City received notification that because of the large number of applications submitted and limited funds available, areas with the high traffic collision statistics were chosen to receive grant funding. Clean Transportation Funding from the Mobile Source Air Pollution Reduction Review Committee (MSRC) In May of 2007 the City applied for $25,000 towards the purchase of a Tymco CNG Street Sweeper. The City received notification of the award in September 2007, and the funds were received in May 2008. Clean Transportation Funding from the Mobile Source Air Pollution Reduction Review Committee (MSRC) In May of 2007 the City applied for $100,000 to be used for street sweeping operations. The City received notification of the award in September 2007, and the funds were received in August 2008. Coachella Valley Association of Governments (CVAG) In July 2007, a grant program was announced through the CMAQ Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The City applied for $177,060 for the purchase of 13 ASC3 traffic signal controllers at intersections along Highway 111 corridor. The City received notification the project was recommended for funding and went before CVAG's executive committee for action in October 2007. The funds have been allocated and Public Works is in the process of California Environmental Quality Act (CEQA) review for this project. 453 2005 Transportation Enhancement (TE) Program In 2005, the City received notification of a grant award in the amount of $445,190 for the Jefferson Street Beautification Project, to be used for landscaping the medians on Jefferson Street between Indio Boulevard and Highway 111. When the bridge was completed, the Jefferson Street Beautification Project commenced, and a bid was awarded in November 2007 to Marina Landscape. To date, the City has received $164,377. The City will submit a final report to the program once Public Works has received all necessary documentation from Marina Landscape. County of Riverside — Coachella Valley Air Quality Enhancement The Colmac Air Quality Enhancement Fund was established through conditions of a settlement agreement resolving litigation between Colmac Energy, Inc. and Riverside County over construction of a biomass energy plant near the unincorporated community of Mecca. $275,000 was available for allocation to projects. October 16, 2008 staff applied for a $50,000 grant to help enhance air quality by replacing turf lawns with desert landscaping thus eliminating seeding which is a major contributor to Particle Matter (PM10). The application is presently being reviewed, and staff is awaiting the results of which projects will be awarded funding. Imperial Irrigation District Redevelopment Agency (RDA) staff made an application to Imperial Irrigation District (IID) Energy PV Solution Rebate Program for the solar energy system installed at Vista Dunes Courtyard Homes. At the time of the application, the program provided $2.80 per watt incentive. The designed system is 185,888 watts, which generated a $520,486 rebate. Additionally staff enrolled the RDA into IID's Energy California Green Builder Program. Vista Dunes received the highest incentive offered for meeting all of the programs' mandatory requirements for energy and water conservation and exceeding Title 24 energy standards as well as demonstrating a large reduction in heating and cooling needs. The program was awarded a $33,244 rebate for the RDA. Grants Applied for in 2008 but not funded: California Department of Transportation and the California Transportation Commission (CTC) Prop 1 B Traffic Light Synchronization Program (TLSP) 1.- 454 In March 2008, the City applied for four grants to fund traffic light synchronization projects within the City: 1) $479,320 for the Washington Street corridor; 2) $196,650 for the Jefferson Street corridor; 3) $649,320 for the Eisenhower Drive corridor; and 4) $1,500,000 in conjunction with the Cities of Indian Wells and Palm Desert for Highway 111 between Park Avenue and Adams Street. Staff was notified in early May 2008 that none of the applications were awarded grant funds. Riverside County Transportation Commission In April 2008, an application was made to the Riverside County Transportation Commission (RCTC) through 2008-2009 SB 821 to construct a Multi -Use Trail Bridge at Coachella Canal trail in the amount of $228,750. A presentation of the project was made by Public Works staff to RCTC in May 2008. The project was not chosen for funding by the RCTC. Playful City USA In September, 2007, the City applied to Playful City USA for recognition as one of 25 Playful Cities in the United States for 2007. The grant award of $25,000 would have been used to assist the City in creating an innovative approach to health and fitness in youth through active play. In mid October, the City received notification that there was an overwhelming response from cities nationwide interested in creating an agenda for play and the application was not chosen for funding. This listing does not include subvention funds and other funds that the City automatically receives from the Federal, State, and County governments. Examples of this type of revenue include California Traffic Congestion Relief Funds (AB 2928), California Law Enforcement Equipment Program funds, various law enforcement funds, Community Development Block Grant funds, COPS funds, and various transportation -related funds. 455 b Department Report: /—C / T 10 OF TO: TO: The Honorable Mayor and Members of the City Council FROM: Bret M. Plumlee, Assistant City Manager - Management ServicesF DATE: December 16, 2008 Y� SUBJECT: Solar Energy Report Provided by Imperial Irrigation District Prepared by Lincus Inc. On September 16, 2008, City Council directed staff to research the viability of installing solar panels in the various City owned parking carports to assist in the City's "green" efforts. During the recent construction at the City Hall and the Library, two (2) three-inch underground conduits were run from the covered parking to the landscape areas near the respective buildings. This will allow for the future installation of a photovoltaic system without tearing up the parking lot. As part of the City's and Imperial Irrigation District's green partnership, Imperial Irrigation District (IID) prepared a report on the feasibility of installing solar panels in the City Hall south parking lot carport. On December 8, 2008, the City of La Quinta (City) received the final draft of the Solar Energy Report (Report) (Attachment 1) provided by Imperial Irrigation District and prepared by Lincus Inc. The Report provides the City with possible energy savings and financial analysis of a Photo Voltaic (PV) cell installation over the south parking stall flat roofs of the Civic Center/City Hall municipal building which provide for a suitable location for the installation of a PV solar electric array. The Report suggests three possible scenarios that the City could consider for the PV solar generation installation. There is more detail explained in the Report, but the three scenarios are summarized below: 1. Project Internally Funded - The City can decide to pay for the PV installation out of its own funds directly through the California Construction Authority (CCA) or a similar entity. In this alternative, the cash outlay to the City is 6 $672,419 net of the IID rebates of $351,892 and the payback period for the N5 City is about 24.2 years. See "EEM: Installation of Photovoltaic System over South Carports of the City Hall Building" in the attached Solar Energy Report. 2. Power Purchase Agreement - The City can also have a third party own and operate the solar panels that would be installed on the top of the City Hall south Parking Lot and sell the power back to the City of La Quinta. In this alternative, there is no cash outlay for the City and the payback is immediate beginning from day one. However, a possible downside would be that if the City enters into a long-term agreement and new solar electric technologies arise, then the City would not be able to act on those emerging technologies due to being locked into a long-term agreement. See "Cash Flow Analysis for Financial Scenario Case (11) in the attached Solar Energy Report. 3. Project Installation through a General Contractor - The City may also have its solar PV generation system installed by a general contractor. However, in this alternative, the City will have to pay for the contractor's overhead, and mark-up which could add up to 30% to the cost of the solar power generation system including installation. Thus the PV measure costs and payback periods for this scenario are worse than cases I or 11. IID's consultant who prepared the report, Lincus Inc. recommends Scenario 2. They also highly recommend that the City obtain firm contractor and financing quotes prior to the City pursuing any of the recommendations discussed above. CONCLUSION Since this is the initial report on Solar Energy being provided by IID, if the City Council wants more information about any one of these scenarios, then staff will do a substantial amount of additional investigation and bring back this information back for additional City Council evaluation and consideration. Attachment: 1. Solar Energy Report 451 Imperial Irrigation District Protecting the flow of progress. Solar Energy Report for Imperial Irrigation District Prepared by: j. .h L.vLJ ii ���. `.I va.-..,.�1 � �J INC. 8727 S. Priest Drive, Suite 103 Tempe, AZ 85284 (480) 598-8431 phone (480) 598-8485 fax 458 December 8, 2008 Executive Summary This report has been provided to the City of La Quinta through Imperial Irrigation District's (IID) Energy Management program to describe possible energy savings and financial analysis of a photovoltaic power generation installation over the south facing carport roofs of the Civic Center/City Hall municipal building. Technology A grid -connected solar photovoltaic (PV) power generation, as a source for electrical power production, has a tremendous potential for energy savings and demand reduction for this building. The installation of a solar PV system enables the Civic Center/ City Hall buildings to significantly offset their annual power consumptions. By the implementation of a 145.4 kW PV cell, about 22.8% of the energy that is currently used to operate the City Hall/Civic Center buildings can be generated from a clean renewable energy. Existing Condition The existing south parking stalls on the Civic Center/City Hall building have large flat roofs facing due south and are being considered for the installation of a photovoltaic solar electric array. Based on the solar energy data for the City of La Quinta, Lincus estimates that the annual energy production using a 145.4 kW fixed -tilt flat PV system to be 213,996 kWh. Typically during the peak summer months and during on -peak periods, the building would experience up to about 122.1 kW (assuming a derate factor of 0.84) of net demand supplied by the PV system, therefore, reducing the on -peak power demand. Energy Savings Calculation Methodology For simulating the energy produced by a roof top based PV system, a web based software PV- Watts (developed by the National Renewable Energy Laboratory) was used. The City chosen for savings analysis was Imperial, which is located 84 miles southeast of La Quinta. The PV measure costs used in this analysis are preliminary and based on commercially available products in California. Although the payback period is high, please note that these are initial estimates based on a conservative approach and the realistic payback periods may be equal to or lesser than 24 years. The City can also qualify for energy star awards and other related energy certifications by the implementation of this Energy Efficiency Measure (EEM). The utility incentive is based on an IID incentive of $2.42/watt of PV installation. 459 EEM : Installation of Photovoltaic System over South Carports of the City Hall Building Station identt ieatlon Location m na State California Latitude 33.0 deg N Lan titude 115.4 deg W i*1t System Spedifieations DC Rating of the PV cells 145 kW DC to AC Derate Factor 0.84 AC rating 122 1 kW Array Type Fixed Tilt Array Tilt 0.0 de Array Azimuth 180 de Average Energy rate (¢/kWh) 13 0 Month Solar Radiation (kWh/m2/day) Attxtergy (kWh) CostSov'rngs ($) JAN 3.32 11,288 $1,46744 FEB 4.10 12,725 $1,654.25 MAR 5.47 18,643 $2,423.59 APR 6.65 21,592 $2,806.96 MAY 7.54 24,538 $3,189.94 JUN 7.80 24,010 1 $3,12130 JUL 761 23,995 $3,119.35 AUG 6.94 21,880 $2,844.40 SEP 5.95 18,387 $2,390.31 OCT 4.68 15,409 $2,603.17 NOV 3.66 11,794 $1,933.22 DEC 294 9,735 $1,265.55 Annual 556 213,996 $27,819.48 Summary Total Annual Energy SaWsW 213,996 Demand Savings 1Peak 22.1 Annual Energy Cost Savings ($) $27,819 Total Measure Cost $) $1,324,311 Utility Incentive $351,892 Simple Pay back period w/o Incentive 36.8 Pay back period w Incentive 242 Notes: Analysis assumes PV installation in the city of Imperial which is 84 mi from La Quints. Analysis assumes installation of a 145.41 kW fixed tilt system over the flat roofs (tilt angle is 0.0 deg) facing due south. Measure cost is based on the market price of two solar panel units, Nebula and Pulsar plus the installation costs (rated at $0.90/watt of installation) and 10% design cost. Nebula Solar PV Unit- Capacity: 83.25 kW Weblink: http //www.solarhome com/thenebulamaxnewbig htm Pulsar Solar PV Unit - Capacity: 62.16 kW Weblink: http://www.solarhome.com/thepulsarmaxnewbig.htm Utility Incentive cost is based on an estimate of $2.42/watt of PV installation. ._. 460 e There are mainly three possible scenarios that the City could consider for the PV solar generation installation described in this report. These three scenarios are explained below:- (1) Project Internally Funded — The City can decide to pay for the PV installation out of its own funds directly through the California Construction Authority (CCA) or a similar entity. The California Construction Authority is a Joint Powers Authority organized in August 1988 to provide financing, design, inspection and construction management services for fairgrounds throughout California. CCA Board of Directors is appointed by two county Board of Supervisors (Solano and El Dorado), three district agricultural associations (the 22nd, 32nd and 46th) and the Secretary of the Department of Food & Agriculture is the Board's Ex- Officio Member. Directors serve five-year terms. To date, CCA has constructed 8 MW of solar photovoltaic power generation. For further information, the City may contact Mr. Tom Baker, President of California Construction Authority at (916) 263-6119. In this alternative, the payback period for the City is about 24.2 years (as described above) based on a conservative estimate. Cash Flow Analysis for Financial Scenario Case (1), as an example, shows the typical net cash flow resulting from this financial scenario for an assumed PV cell installation of 45 kW at the SilverRock Resort Clubhouse. 461 Cash Flow Analysis for Financial Scenario Case (1): Example SilverRock Resort Clubhouse City of La Quinta Project Internally Funded 20 Year Cash Flow Comparison (June 20, 2008) Annual Energy Displacement kWh 74,250 PV Size kW 45 III)$/kWh $ 0.127 Annual Escalation 3% PV Initial Investment $ 360,000 $8/watt Annual Maintenance Cost $ 3,600 1% of investment Annual Maint Cost Escalation 3% III) Solar PV Rebate $ 92,565 Years Annual Cost Comparison Annual III) PV Savings ($267,435) ($267,435) 1 2008 $9,713 -$3,708 $6,005 2 2009 $9,713 -$3,819 $5,893 3 2010 $10,004 -$3,934 $6,070 4 2011 $10,304 -$4,052 $6,252 5 2012 $10,613 -$4,173 $6,440 6 2013 $10,932 -$4,299 $6,633 7 2014 $11,260 44,428 $6,832 8 2015 $11,597 -$4,560 $7,037 9 2016 $11,945 -$4,697 $7,248 10 2017 $12,304 -$4,838 $7,466 11 2018 $12,673 -$4,983 $7,690 12 2019 $13,053 -$5,133 $7,920 13 2020 $13,445 -$5,287 $8,158 14 2021 $13,848 -$5,445 $8,403 15 2022 $14,263 -$5,609 $8,655 16 2023 $14,691 -$5,777 $8,914 17 2024 $15,132 -$5,950 $9,182 18 2025 $15,586 46,129 $9,457 19 2026 $16,054 -$6,313 $9,741 20 2027 $16,535 -$6,502 $10,033 Total $253,664 -$367,070 -$113,407 462 (II) Power Purchase Agreement —The City can also have a third party own the solar panels that would be installed on the top of the City Hall south Parking Lot and sell the power back to the City of La Quinta. In this alternative, the payback for the City is immediate beginning from day 1 as there is no cash outlay by the City. Please refer to Cash Flow Analysis for Financial Scenario Case (II), as an example, for typical cash flow from such a scenario based on an assumed PV installation capacity of 45kW. Typically, the Power Purchase Agreement works in the following manner: • The City enters into a financing agreement with the Third Party Provider assigning renewable energy credits to the Third Party for the Third Party to transfer those credits to III) • The City allows the Third Party provider to lease the south carport space at a nominal fee of $1 for the duration of agreement. • The City assigns all III) rebate rights for solar PV to the Third Party • The City enters into an agreement with the Third Party to purchase the output of the Solar PV for the duration of the agreement. • The Third Party hires the installation contractor and completes installation • III) inspects and pays the rebate to the Third Party • The Third Party also receives federal tax credits for the project • The City receives renewable energy kWh generated by the project • III) receives the renewable energy credits under its solar energy and net metering agreement • The Third Party is responsible for operating, maintaining, and ensuring that the solar PV generation system operates throughout the agreement term. 463 Cash Flow Analysis for Financial Scenario Case (II) City of La Quinta Purchased Power Agreement (PPA) 20 Year Cash Flow Comparison (June 20, 2008) Annual Energy Displacement kWh 74,250 PV Size kW 45 III) $/kWh $ 0.127 Annual Escalation 3% PV $/kWh $ 0.120 Assumed. Must be verified. PPA Fix Annual Escalation 3% Years Annual Cost Comparison Annual Savings III) PV 1 2008 $9,713 $9,177 $535 2 2009 $9,713 $9,453 $260 3 2010 $10,004 $9,736 $268 4 2011 $10,304 $10,028 $276 5 2012 $10,613 $10,329 $284 6 2013 $10,932 $10,639 $293 7 2014 $11,260 $10,958 $301 8 2015 $11,597 $11,287 $310 9 2016 $11,945 $11,626 $320 10 2017 $12,304 $11,974 $329 11 2018 $12,673 $12,334 $339 12 2019 $13,053 $12,704 $349 13 2020 $13,445 $13,085 $360 14 2021 $13,848 $13,477 $371 15 2022 $14,263 $13,881 $382 16 2023 $14,691 $14,298 $393 17 2024 $15,132 $14,727 $405 18 2025 $15,586 $15,169 $417 19 2026 $16,054 $15,624 $430 20 2027 $16,535 $16,092 $443 Total $253,664 $246,597 $7,066 1. 464 (III) Project Installation through a General Contractor — The City may also have its solar PV generation system installed by a general contractor. However, in this alternative, the City will have to pay for the contractor's overhead, and mark up which could add up to 30% to the cost of the solar power generation system including installation. Thus the measure costs and payback periods for this scenario are worse than case (I or II). Recommended Action Lincus recommends scenario (II), thereby installing the PV cells directly through a third party entity, as there is no cash outlay to the City. We highly recommend obtaining firm contractor quotes as well as a financing quote prior to the City pursuing anyone of the recommendations discussed above. ... 465 DEPARTMENT REPORT: 3-A , • UNCIUS Ar. UPCOMING EVENTS 9 16 JANUARY 6 JANUARY 19-25 JANUARY 20 FEBRUARY 3 FEBRUARY 17 MARCH 3 MARCH 12-15 MARCH 17 CITY COUNCIL MEETING CITY COUNCIL MEETING - CANCELLED BOB HOPE CHRYSLER CLASSIC CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING LA QUINTA ARTS FESTIVAL - CIVIC CENTER CAMPUS CITY COUNCIL MEETING N • • LA QUINTA CITY COUNCIL MONTHLY CALENDAR December 2008 Monday TuesdaySunday ..y Thursday Friday Saturday 1 2 3 4 5 6 6:00 PM CVAO Exec. Cmte.-Adolph 3:00 PM City Council Meeting 10:00 AM ALRC Ask. 12:00 PM Mayor's Lunch 6:30 PM Employee Recognition Dinner 11:30 AM - 1:00 PM Holiday Open House 5:30 PM Community Services Commission 7:00 PM Planning Commission 9:00 AM RCTC- Henderson 6.00 PM League- Henderson 4:30 PM Investment Advisory Board 14 15 16 17 18 19 20 3:00 PM City Council Meeting 3:00 PM Historic Preser. vation Commission 9:00 AM CVA Henderson 21 -22 - 23 24 - 25 26 27 10:30 AM RCTC Budget • Henderson 7:00 PM Planning Commission Christmas Eve (CITY HALL CLOSED 112 BAY) Christmas Day - CITY HALL CLOSED 28 29 30 31 �. New Years Eve ICITY HALL CLOSED 112 DAY) November O6 January 09 S- M--T- W- T IF --S S- M-.. T_ IN j---F 3 2 3 4 5 6 7 8 4 5 6 7 8 9 10 9 10 11 12 13 14 15 it 12 13 14 15 16 17 , 16 17 18 19 20 21 22 16 19 20 21 22 23 24 23 24 25 26 27 28 29 25 26 27 28 29 30 31 30 i Printed by Calendar Creator Plus on 12/5/2008 1.. 467 LA QUINTA CITY COUNCIL MONTHLY CALENDAR January 2009 Sunday M,.Saturday 2 3 ' December 08 February 09 SIN T T F S S T W T F S _ 9:00 AM 4:00 PM SJSR Nil. linm4Hendersun ---..------. ..... .--.-_.-5-6- 1 2 3 4 5 8 1 2 3 4 � 6 7 ' 7 8 9 10 11 12 13 8 9 10 11 12 13 14 Now Years Day CITY 14 15 16 17 18 19 20 15 16 17 18 19 20 21 ' HALL CLOSED ' 21 22 23 24 25 26 27 28 29 30 31 22 23 24 25 26 27 28 4 5 6 7 8 9 10 3:00 PM City Council 10:00 AM ALRC 9:30 AM Animal Counties - Meeting - CANCELLED Henderson 10:30 AM CVCC Sniff 12:00 PM Enmgyl Enviran. Sniff 11 - 12 - 13 ---- 4 ---- 15 16 17 10:00 AM Pub. SftyKirk 7:00 PM Planning 9:00 AM RCTC, 3:00 PM Historic Preser 9:00 AM CVA-Henderson 12:00 PM Transp.Kirk Commission Henderson vauan Commission 3:00 PM Mms. 4:30 PM Investment Consversancy-Kirk Advisory Board 5:30 PM Community Services Commission 8:00 PM League. Henderson 18 19 20 21 22 23 24 /"� 3:00 PM City Council 10:00 AM Homelessness 9:00 AM LAFCO- ��";9( Meeting Cmle: Franklin Henderson 12:00 PM HCRC-Frankhn Marlin Luther King's Birthday (CITY HALL CLOSED) 25 26 27 -- 28---_...._ -29----- 30- 31----- 10:30 AM RCTC Budget - 7:00 PM Planning 12:00 PM Sunline•Adolph Henderson Commission 4:00 PM J.Cochran Reg. 6:00 PM Exec Cmte. Airp-Franklin Adolph `— Printed by Calendar Creator Plus on 12/5/2008 463 LA QUINTA CITY COUNCIL MONTHLY CALENDAR February 2009 Sundaya ..y Tuesday Wednesday.. .Saturday 1 2 3 4 5 6 7 3:00 PM City Council 10:00 AM ALHC 12:00 PM Mayor's Lunch Meeting 8 9 10 11 12 13 14 10:00 AM Puh. Sfty�Kirk 7:00 PM Planning 9:00 AM BCTC• 10:30 AM CVCC-Sniff 12:00 PM Transp.Kirk Commission Henderson 12:00 PM Energyl 5:30 PM Commrmly 4:30 PM Investment Environs Sniff Services Commissian Advisory Board 6:00 PM League. Henderson 15 16 -- 17 18 -- - 19 20 21 3:00 PM City Council 10:00 AM Homelessness 3:00 PM Historic Preser 9:00 AM CVA Henderson Meeting Cmte Franklin vahon Commission 12:00 PM HCHC.Franklin President's Day (CITY HALL CLOSE0) 22 23 24 25 26 27 28 10:30 AM BCTC Budget - 7:00 PM Planning 12:00 PM Sunline-Adolph 9:00 AM LAFCO Henderson Commission Henderson 6:00 PM Exec Come, Adolph ' January S M T W T F S ... __, �._._. k _Z , 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 March S, M ,T___ WT FS I 2 8 1 5 8_.7 e 9 10 11 12 13 14 15 IB 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Printed by Calendar Creator Plus on 12/5/2008 469 DEPARTMENT REPORT: 4 T-Vf 4 4 a" TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety TI4' DATE: December 16, 2008 RE: Department Report — November, 2008 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of November. The statistical summaries depict the following highlights: • Year-to-date building permit valuation is $134,313,751 which represents an issuance of 102 building permits in November; • Animal Control handled 1056 cases through November; • Code Compliance initiated 2977 cases through November; • Garage sale permits generated $1720 in revenue during November. 470 Month January February March April�- -May — June July August September October November December Total 2008 Permits Issued jSFD Total 15 139 j 26 171 I7 Fl67 54 255 14F126 j 34 2061 F��9t 168 20 175 8-r 160 i LI 102 238 1,910 City of La Quinta Building Permit Statistics 1 Permits 'otal Valuation, Issued (dollars) -----.--- _ SFD1Total -25,766,803! 211 324 16,920,9W 55i 266 — 10,138,291 551 342 - 9,471,132 i 451 333 17,514,233 1111 344 8,441,5431 29F 233 17,054,2211 401 249 6,234,3641 36, 229 13,617,341T 24 234 5,827,834 ill 229 3,327,089; 61 165 151 127' 134,313,7511 44273,075', 2007 Permits Total Valuation! Issued (dollars) -- FSFD1Total 10,476,542� 145 468 15,748,2591154 387 16,838,708: 38 454 14,495,325; 40 347 26,951,264' 34f 517 12,441,0021 94:, 403 9,887,997 � 181 262 12,148,643 59v 287 11,311,8121 271 313 9,860,324 34: 303 6, 218, 0041 541 320 8,011,3391 181 216 154,389,219 71514,277 2006 al Valuation (dollars) 37,258,834 44,508,667 38, 210, 764' 15, 507, 670 28, 790, 0961 23,907,853 10, 893,189il 18,200,0161 8,482,965 17,515,515 18,105, 659 272,174,946 CITY OF LA QUINTA - BUILDING AND SAFETY DEPARTMENT PERMIT STATISTICS BY APPLICATION TYPE FOR ISSUED PERMITS OF ALL PERMIT TYPES REPORTING PERIOD 11/01/08-11/30/08 ---------------- APPLICATION TYPE AC ADDITION - COMMERCIAL AR ADDITION - RESIDENTIAL BLCK WALL/FENCE CONR NEW COML - OTHER NON-RESIDENTIAL CP POOL - COMMERCIAL DEMO DEMO - CO[ML/OTHER DSF DEW - SINGLE FAMILY ELEC ELECTRICAL MECH MECHANICAL PAT PATIO COVER - RESIDENTIAL PC PATIO COVER - COMMERCIAL PLBG PLUMBING RC REMODEL - COMMfERCIAL HER REMODEL - RESIDENTIAL RPL POOL - RESIDENTIAL RR RE -ROOF SFD DWELLING - SINGLE FAMILY DETACHED SIGN SIGN SOL SOLAR SOTS STRUCTURES OTHER THAN BUILDINGS SPIN SPECIAL INSPECTION TOTALS: W _____________ THIS PERIOD ____________ ____________________________ _______ SAME PERIOD PREV YEAR ______ APPLS ________________________________________________ PERMITS APPL VALUATN FEES APPLS PERMITS APPL VALUATN FEES 1 4 79368 1063.56 1 __________________________________ 2 6118 178.75 3 13 187227 2466.20 6 23 718190 8954.74 20 21 59824 1025.15 45 45 137621 2363.00 0 0 0 .00 1 5 8421 338.74 1 4 15000 401.05 3 13 78200 1560.94 1 1 0 45.00 0 0 0 0 0 0 .00 1 1 0 45.00 .00 6 6 6220 197.50 9 9 21705 419.00 5 5 39344 241.75 4 4 26400 164.26 6 6 24366 645.15 13 13 44622 1514.55 0 0 0 .00 2 3 6810 210.10 8 8 10000 228.78 5 5 17100 127.50 5 16 1251696 9513.23 11 35 349500 6040.27 6 13 50911 1315.39 3 6 40700 829.28 17 75 610000 10081.58 17 71 548970 11014.62 11 11 48241 330.00 2 2 7065 60.00 2 10 789696 7105.82 6 30 4006975 29211.53 1 1 3200 30.00 9 11 39425 554.78 2 4 70000 443.76 0 0 0 6 13 81896 1451.76 25 54 156882 .00 3666.69 1 1 100 100.00 2 2 3300 200.00 102 212 3327089 36685.68 165 334 6218004 67453.75 2008 Animal Control Statistical Report ANIMAL PICK-UPS Jan I Feb I Mar I_Apr.j Mayl Jun I Jul I AugSe Oct Nov Dec Year To Date Dogs Alive 20 26 36 21 18 25 17 44 19 37 22 285 Dead 14 2 19 16 7 6 4 5 2 10 5 90 Owner Turn In (OTI) 1 31 0 1 0 1 2 1 3 1 1 0 1 0 1 1 Cats 1 12 Alive 41 93 6 10 23 14 7 10 32 48 13 297 Dead 4 30 7 6 10 10 5 8 3 2 11 96 Owner Turn In (OTI) 01 11 0 1 0 0 0 2_1 0 2 0 1 1 1 Other Animals 1 q Alive 4 3 9 21 24 13 13 4 8 8 3 110 Dead 10 4 3 8 5 8 7 8 5 10 6 7q Owner Turn In (OTI) 0 01 0 1 0 1 0 1 1 1 0 1 0 1 0 1 0 Total Animal Pick -Ups 1 1 2 Alive 65 122 51 52 65 52 37 58 59 93 38 692 Dead 28 36 29 30 22 24 16 21 10 22 22 260 Owner Turn In (OTI) 1 4 0 0 2 2 3 1 2 1 2 Total Animals Removed 18 94 162 80 82 89 78 1 56 80 71 116 62 1 1 970 INCIDENTS HANDLED - Bite Reports 7 7 5 7 3 3 0 3 5 1 6 q7 Animal Trap Set Ups 8 6 6 3 4 4 4 12 7 11 1 Cruelty to Animals 0 —3 —1 0 1 6 0 1 0 0 0 66 Vicious Animal Restraining 0 —0 —0 0 0 0 1 0 0 12 Zoning 0-0-0 0 0 0 0 0 0 0 1 5 0 6 1 Lost/Found 0 0 0 0 _1_0 0 1 0 0 0 0 0 1 Outside Agency 0 2 0 0 0 0 0 6 1 Other 84 44 86 58 162 97 87 82 74 90 49 10 913 Total Incidents Handled 99 62 99 68 170 111 92 98 86 109 62 1 1 1066 VIOLATIONS Dogs at Large 39 24 76 33 49 30 26 77 49 37 60 500 Noise Disturbance 3 2 2—FIT2—FIT 2 0 0 1 1 1 Animal Welfare 2 3 2 1 1 2 0 0 0 0 1 2 14 License Violation 73 17 78 35 1 108 23 71 80 62 50 22 13 619 Other 9 4 6 10 1 7 7 1 18 33 0 2 97 Total Violations 126 50 164 80 167 62 98 176 146 88 87 1243 Total Monthly Incidents 319 274 343 230 426 251 246 364 1 302 1 313 2 11 0 3269 :Z .ice -P Em 2008 Code Compliance Statistical Re or* ABATEMENTS NUISANCE ABATEMENTS Jan Feb I Mar Apr LMay Jun I Jul I AugSee I Oct p Nov Dec Year To Date Property Maintenance Started Completed 1131 153 1321 151 299 1 170 279 257 1 167 1 229 406 244 1 186 1 283 1 131 1 212 1 333 1 222 1 193 1 227 90 240 2329 2388 Zoning Code Violations Started Completed 23 13 23 18 16 12 11 16 25 21 14 17 13 1 12 20 1 12 18 1 12 11 1 8 6 2 180 143 WEED ABATEMENTS Started Completed 1 8 4 2 11 4 6 6 17 22 7 8 6 12 7 3 8 2 4 4 14 10 85 81 VEHICLE ABATEMENTS Started Completed 251 34 281 28 45 28 25 51 23 19 25 23 25 30 27 22 33 25 28 29 19 25 303 314 BUILDING CODE VIOLATIONS Started Completed 5 15 0 13 5 7 10 6 6 4 14 7 9 5 10 5 10 4 9 15 2 8 80 gg Total Started Total Completed Case Follow -Ups 167 223 5491 187 2121 481 376 221 I 872 1 331 336 1 1103 1 238 295 1 102ti 1 466 299 1 948 1 239 342 1150 I 195 254 1 1018 1 402 255 988 245 283 1092 1 131 285 963 1 2977 3015 10070 BUSINESS LICENSE INSPEC Started Com leted GARAGE SALE PERMITS HANDBILL PERMITS HOME OCCUPATION INSPEC MASSAGE PERMITS POOL DRAINING PERMITS 3 4 93 4 0 111 E58 2 3 127 3 17 6 9 7 7 146 0 11 14 12 14 5 173 1 22 3 6 5 3 134 2 12 5 10 19 9 97 1 16 5 5 14 7 106 1 13 2 5 8 12 114 0 5 7 3 0 7 188 1 7 6 4 3 4 172 1 11 8 5 79 61 1461 11 143 89 67 DEPARTMENT REPORT: S Qum& L 5 L., r y .may we O�`y OF TNE� TO: Honorable Mayor and Members of the City Council FROM: Edie Hylton, Community Services Director DATE: December 16, 2008 SUBJECT: Community Services Department Report for November 2008 Upcoming events of the Community Services Department for January 2009: Jan 5 *Morning Workout Jan 5 *Mat Pilates Jan 5 *Hooked on Loops Jan 5 *Intermediate Watercolor Jan 5 Ballet/Jazz, La Quinta High School Jan 5 Teen Ballet, La Quinta High School Jan 5 Zumba, Senior Center Jan 5 Tae Kwon Do, Senior Center Jan 5 Jazz to the Max, Senior Center Jan 5 Yoga, Fitness Center Jan 5 Memoir Writing, Senior Center Jan 5 Beginning Computers, Senior Center Jan 6 *Yoga for Health Jan 6 *Therapeutic Yoga Jan 6 *Beginning Tai Chi Jan 6 *Tai Chi Traditional Jan 6 *West Coast Swing Jan 6 *Basic Computer Jan 6 Photoshop Elements, Senior Center Jan 6 Body Sculpting, Senior Center Jan 6 Sculpt & Stretch, Senior Center Jan 6 Youth Tennis 5-7, Fritz Burns Park Jan 6 Youth Tennis 8-10, Fritz Burns Park Jan 6 Youth Tennis 14-17, Fritz Burns Park Jan 6 Beginning Guitar, Senior Center Jan 6 Second Level Guitar, Senior Center Jan 7 *Sketch & Draw Jan 7 *Reinforcing the Basics Jan 7 *Tap Technique 475 Jan 7 **Story Time, Museum Jan 7 Photoshop Pro, Senior Center Jan 7 Microsoft Word, Senior Center Jan 7 Tap 1, La Quinta High School Jan 7 Ballet/Tap, La Quinta High School Jan 8 *Watercolor Jan 8 *Ballroom Dance Jan 8 *Digital Photo Jan 8 Living a Legacy, Senior Center Jan 8 Adult Tennis, Fritz Burns Park Jan 8 Youth Tennis 11-13, Fritz Burns Park Jan 8 Dance, Play & Pretend, La Quinta High School Jan 8 Beginning Ballet, La Quinta High School Jan 9 *On the Ball Training (FREE Class) Jan 9 *Balancing Act Jan 9 *Beginning Bridge Jan 9 *New Year's Evening Dance Jan 9 **Veterans History Project Jan 9 **Teapot Exhibition Reception Jan 10 "Tantalizing Teapots Exhibit, Museum Jan 10 **Plain Air, Museum Jan 10 Jazz Boot Camp, Fitness Center Jan 13 *Word Processing Jan 13 Transitions Live the Lifestyle Part 1, Library Jan 14 "Picturing "Picturing America" Exhibit Opens Jan 15 *Photo Editing 1 Jan 15 *Chili Cook -Off Luncheon Jan 16 Pillars of the Community Awards Reception, City Hall Jan 16 **Veterans History Project Jan 17 **Herbal Tea Seminar Jan 20 *Dog Training Jan 20 *E-Mail Jan 20 *Basic Internet Jan 20 Intermediate Belly Dance, La Quinta High School Jan 21 Gifts from Nature, Senior Center Jan 22 *Photo Editing 2 Jan 22 *Photo Editing 3 Jan 22 Beginning Belly Dance, La Quinta High School Jan 23 **Veterans History Project Jan 27 Save While You Spend, Senior Center Jan 28 *Issues of the Day Jan 28 *Path 2 Philadelphia (FREE Class) Jan 28 Dispute Resolution Workshop *Senior Center class or activity **Museum class or activity 476 Community Services Department Attendance Report for the Month of November 2008 Summary Sheet Program 2008 2007 Variance Sessions Per Month 2008 2007 Leisure Classes 106 100 6 68 44 Special Events 535 280 255 4 3 Adult Sports/ Fitness 741 645 96 40 43 Museum 107 0 107 2 0 Senior Center 1315 1631 7316 95 122 Total 2,804 2,656 148 209 212 Museum Services Visitors - Adults 634 0 634 20 0 Visitors - Youth 27 0 27 20 0 Total 661 0 661 40 0 Senior Services Senior Center 249 293 -44 16 16 Total 249 293 -441 16 16 Sports User Groups La Quinta Park Use AYSO 1600 1200 400 25 19 Sports Complex PDLQ Football 230 225 5 14 10 LQ Sports & Youth 120 120 0 26 13 Col. Paige School AYSO 350 0 3501 25 0 Facility/Park Rentals Senior Center Private Part 600 800 -200 3 3 Churches-2 7501 300 450 51 4 Museum MeetingRoom 550 0 550 10 0 Civic Center Campus Private Part 150 50 100 1 1 Library Classroom 440 750 -310 8 15 Park Rentals Fritz Burns Park 60 50 10 1 1 Total 4,850 3,495 1,356 118 66 Total Programs 8,564 6,444 2,120 3831 294 Vnhmtnar Hnum Museum - -1 721 01 72 Senior Center 166.51 222 -55.5 Total Volunteer Hours 2391 2221 17 477 Community Services Program Report for November 2008 2008 2007 2008 2007 Participants Participants Variance I Meetings Meetings Leisure Classes Zumba 20 23 -3 11 12 Belly Dancing 18 8 10 5 3 Intermediate Computers 4 0 4 3 0 Elements - Beg. 6 0 6 3 0 Beainninq Ballet 4 15 11 3 4 Microsoft Excel 4 8 -4 3 4 Ballet/Jazz Combo 4-6 rs 4 0 4 4 0 Guitar - Beg. 6 0 6 3 0 Guitar -Intermediate 10 8 2 3 4 Tae Kwon Do 5 0 5 12 0 Dance, Pla , & Pretend 5 13 -8 3 4 Jazzercise 20 0 20 15 0 Totals 106 751 311 681 31 2008 2nn7 2008 2007 Participants Participants Variance Meetings Meetings Special Events Veteran's Day 225 160 65 1 1 Trails Day/ Stargazing 275 95 180 1 1 Savor A Taste 35 0 22 2 0 Totals 535 255 267 4 2 2008 2007 2008 2007 Participants I Participants Variance Meetings Meetings Adult Sports & Fitness Open Gym Basketball 1901 74 116 20 20 Fitness Center 551 351 200 20 20 Totals 7411 425 316 40 40 2008 2nn7 2008 2007 Participants I Participants Variance I Meetings Meetings Museum Research Requests 0 0 0 0 0 Story Time 17 0 17 1 0 First Friday 90 0 90 1 0 Totals 107 0 107 2 0 lCommunity Services Totals 1,489 7551 721 114 73 Ow Monthly Revenue Report for October 2008 RA^nit.l., on anoin _ Farility Rrntalt 2008 2007 Variance Libra $ 200.00 $ 590.00 $ 390.00 Museum $ 200.00 $ $ 200.00 Senior Center $ 5,650.00 $ 3,747.50 $ 1,902.50 Parks $ 310.00 $ 650.00 $ 340.00 Sports Fields $ 278.00 $ 827.00 $ 549.00 MonthlyFacility Revenue $ 6,638.00 $ 5,814.50 $ 823.50 Monthlu Revenue Museum 7.83 $ - $ 297.83 Senior Center * $ 5,813.00 $ 1,101.50Communit Services ** 4.00 $ 2,928.00 $ 344.00La Quinta Resident Cards r$4,711.50 0.00 $ 3,060.00 $ 120.00Fitness Cards 0.00 $ 525.00 $ 45.00Total Revenue 3.33 $ 12,326.00 $ 1,312.67 Revenue Year to Date Facility Revenue $ 20,372.50 $ 30,658.00 $ 10,285.50 Museum $ 1,100.86 $ - $ 1,100.86 Senior Center $ 22,647.25 $ 31,611.00 $ 8,963.75 Community Services $ 27,837.00 $ 26,778.50 $ 1,058.50 La Quinta Resident Cards $ 7,230.00 $ 8,790.00 $ 1,560.00 Fitness Cards $ 3,115.00 $ 2,830.00 $ 285.00 Total Revenue to Date $ 82,302.61 $ 100,667.50 $ 18,364.89 * Revenue decrease is due to more free and low cost classes being offered compared to last year. ** Revenue is lower this year due to postponement of Fall Soccer League, which will now begin in January. 479 Senior Center Attendance Senior Center Program Report for November 2008 Participation Participation Variance Meetings Meetings 2008 2007 200 2007 Senior Activities ACBL Bride 328 401 -73 4 4 Bdd e, Social/Party 400 494 -94 15 14 Dinner & Show 69 72 -3 1 1 Monthly Birthday Party 38 35 3 1 1 Monthly Luncheon (Thanksgiving) 121 142 -211 1 1 Movie Time 43 45 -21 3 4 Putting Action 7 6 11 2 3 Tennis 64 16 48 6 4 Senior Activity Total 1070 1211 -141 33 32 Senior Leisure Classes Arts & Crafts 8 0 8 1 0 Bridge Classes 19 23 4 3 3 Computer Classes 10 22 -12 3 5 Dog Training 4 0 41 1 0 Exercise 33 34 -11 11 12 Golden Tones 16 55 -391 2 4 Hooked on Loos 8 7 11 3 3 Issues of the Day 22 41 -191 4 3 Mat Pilates 11 0 ill 8 0 Quilters 12 32 -201 3 4 Sketch & Draw 10 15 -51 4 4 Tap Technique 7 0 7 3 0 Therapeutic Yoga 6 0 6 2 0 Ukulele Players 14 48 -34 6 5 Watercolor 26 16 10 3 4 Woodcarvers 25 26 -1 3 4 Yoga for Health 14 0 14 2 0 Senior Leisure Classes Total 245 319 -74 62 51 TOTAL SENIOR PROGRAMS 1315 1530 -215 95 83 Senior Services FIND 127 131 4 3 4 Geriatric Consultation 1 0 1 1 0 HICAP 5 10 -51 2 3 Legal Consultation 6 5 1 1 1 Notary Services 2 3 -11 2 2 Seminars - November(4) 20 97 -77 4 3 FREE Class 3 'see list below 57 0 57 7 0 Volunteers 31 26 5 n/a n/a TOTAL SENIOR SERVICES 249 272 -23 16 13 SENIOR CENTER TOTAL 15641 1802 -238 111 96 `Free Classes: On the Ball Training, Chair Yoga, and Internet Tour. 480 2008 _ 2007 Variance Volunteer Hours _ Senior Center lsssl 2221 Volunteer Total: T _ 166.51 222 _-55.5 -55.5 -- Revenue Senior Center Revenue _ $4,711.50 $5,813.00_ -$1,101.50 Revenue Total: I $4,711.50l _ � $5,813.00 _ -$1,101.50 Oct-08 1 "Revenue is down due to an increase in attendance for FREE/Low Cost classes offered this season. 481 Parks Activities Updates For November 2008 Trail identification markers have been installed at the Cove Oasis. These markers are intended to guide hikers through the Cove Oasis to three main hiking trails: the Cove to Lake Cahuilla; the Boo Hoff; and the Bear Creek Oasis trails. These markers are made from recycled plastic and were purchased with grant funds. Color arrows have been placed on the markers to identify each trail. The arrow colors are orange for the Cove to Lake Cahuilla Trail, blue for the Boo Hoff Trail, and green for the Bear Creek Oasis Trail. Maps are also being developed with the same color coding. More markers will be installed in the near future as staff coordinates the installation with the Bureau of Land Management (BLM). The Civic Center Campus and City Hall were over -seeded the first week of November. The over -seeding for these areas was delayed a month because of scheduled events through the month of October. The resurfacing of the tennis courts at Fritz Burns Park has been delayed. Three informal bids were received for the project but now staff is working with the Public Works Department to see if the project needs to be advertised for formal bid. Two additional benches have been installed in the dog park at Pioneer Park. The new park, which opened in January 2008, has become very popular with dog owners who were requesting additional seating. 4,32 Department Report: ti -7 OF'FtIF'O TO: The Honorable Mayor and Members of the City Council FROM: Les Johnson, Planning Directo(/ DATE: December 16, 2008 SUBJECT: Department Report for the Month of November 2008 Attached please find a copy of the Planning Department Report which outlines the current cases processed by staff for the month of November. ,... P:\Monthly Report Folder\2008\NOVEMBER 2008.doc 4 3 3 1 N PLANNING DEPARTMENT DEPARTMENT REPORT NOVEMBER 2008 PROJECT TYPE DESCRIPTION Conditional Use Permits 1 submitted Development Agreements 0 submitted Environmental Assessments 0 submitted General Plan Amendment 0 submitted Lot Line Adjustments 1 submitted Minor Adjustments 0 submitted Minor Use Permits 0 submitted Parcel Maps 0 submitted Parcel Mergers 1 submitted Sign Permits 7 submitted Site Development Permits 0 submitted Specific Plans 0 submitted Tentative Tract Maps 1 submitted Temporary Use Permits 5 submitted Village Use Permits 0 submitted Zone Change 0 submitted Zoning Code Amendments 0 submitted TOTAL 16 NEW CASES SUBMITTED INSPECTIONS AND PLAN CHECKS Cove Checks 0 Inspections completed Subdivision/SDP, etc. Plan checks 35 performed PAMonthly Report Folder\2008\NOVEMBER 2008.doc 2 .P co cn PLANNING COMMISSION ACTIVITY JULY 1, 2008 TO NOVEMBER 30, 2008 PROJECT TYPE DESCRIPTION Conditional Use Permits 4 submitted Development Agreements 0 submitted Environmental Assessments 1 submitted General Plan Amendment 2 submitted Modification by Applicant 0 submitted Sign Permits 6 submitted Site Development Permits 6 submitted Specific Plans 0 submitted Tentative Parcel Maps 2 submitted Tentative Tract Maps 1 submitted Village Use Permits 0 submitted Zone Change 2 submitted Zoning Code Amendments 0 submitted TOTAL NUMBER OF RESIDENTIAL UNITS APPROVED 6 TOTAL COMMERCIAL SQUARE FOOTAGE APPROVED 142,000 PAMonthly Report Folder\2008\NOVEMBER 2008.doc 3 DEPARTMENT REPORT: -9-1 c&ty/ 4 4 Qum& MEMORANDUM TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, Public Works Director/City Engineer DATE: December 16, 2008 SUBJECT: Public Works Department Report for November 2008 Attached please find the following: 1 . Citizen Service Request Summary; 2. Encroachment Permit and Plan Check Services Summary; 3. Capital Improvement Plan Status Update; 4. Monthly Summary of Public Works Tasks. T' ,thylRass PublicWire t r/City Engineer 486 CITY OF LA QUINTA PUBLIC WORKS DEPARTMENT CITIZEN SERVICE REQUEST MONTHLY SUMMARY (NOVEMBER 2008) SERVICE NUMBER NUMBER IN PROGRESS SAME DAY NUMBER OF DAYS TO COMPLETE TOTAL CATEGORY I RECEIVED COMPLETED PROGRESS COMPLIANCE SERVICE REQUEST 1 2 3 4 5 6 7 8 0 10 20. 20+ Construction 1 1 0 0 0 0 a 0 0 0 0 0 0 0 0 0 0 Issues oval 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 1 ent0 2" 1 0 0 0 0 0 0 0 0 0 0 0 0 3 R 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 oval 87 81 0 78 3 1 0 0 0 0 0 0 0 0 0 0 82 n 2 2 0 0 1 0 1 0 0 0 0 0 0 0 0 0 2 ng/ 5 5 0 2 2 1 0 0 0 0 0 0 0 0 0 0 5 ree Maintenance Lighting/ 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 1 Electrical PM-10 (Dust) 1 0 1 0 0 0 0 0 0 a 0 0 0 0 0 0 1 Complaint Sidewalk Repair 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Sign 4 4 1. 0 4 0 0 0 0 0 0 0 0 0 0 0 5 Maintenance/ Replacement SilverRock 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Resort Street 2 2 0 1 0 0 0 0 1 0 0 0 0 0 0 0 2 Maintenance Street Sweeping 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Traffic Signals/ 10 10 1`.. 2 2 3 0 0 2 0 1 0 0 0 0 0 11 Traffic Control Trash Removal/ 1 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0 1 Waste Management _ Total Amount t11 107 7 85 12 S 1 1 1 0 1 8 0 1 0 0 0 0 0 J14 ` Carried over from August "Carried over 1 from October - 1 from November "Carried over from November 00 November 2008 MONTHLY SUMMARY PLAN CHECK SERVICES PLAN CHECK INITIAL SUBMITTAL PLAN CHECK FEES PROJECT NAME PLAN CHECK ITEM NUMBER DATE PAID PLAZA AT CALLE TAMPICO OFFSITE SIGNING AND 08240 11/3/2008 750.00 STRIPING TRILOGY AT LA QUINTA ROUGH GRAPDIINrG AND WALL 08243 11/7/2008 5,250.00 TRILOGY AT LA QUINTA SWPPP 08241 11/7/2008 300.00 TRILOGY AT LA QUINTA PM10 08242 11/7/2008 500.00 CVS PHARMACY AT JEFFERSON PRECISE GRADING PLANS 08247 11/12/2008 3,750.00 SQUARE PALIZADA STORM DRAIN IMPROVEMENT 08245 11/12/2008 600.00 PLANS PALIZADA STORM DRAIN IMPROVEMENT 08246 11/12/2008 600.00 PLANS LA QUINTA RESORT AND SPA PM10 08256 11/21/2008 100.00 LA QUINTA RESORT AND SPA SWPPP 08257 11/21/2008 100.00 LA QUINTA RESORT AND SPA PRECISE GRADING 08255 11/21/2008 100.00 PARCEL MAP MAP REVERSION 08136 11/6/2008 3,125.00 TRILOGY SUBSTANTIAL CONFORMANCE 08250 11/14/2008 100.00 APPLICATION TOTAL FEES PAID 15,275.00 THE CURRENT AVERAGE NUMBER OF PLAN CHECK ROUNDS FROM SUBMITTAL TO APPROVAL IS 2.41. 12/5/2008 Page 1 of 1 City of La Quinta CAPITAL IMPROVEMENT PLAN - PROJECT STATUS UPDATE FISCAL YEAR 2008/2009 Proiect Status November 2008 PROJECT BUDGET DESIGN CONSTRUCTION REMARKS start - end start - end Design Consultant/Contractor 2001-07A Hwy 111 $ 2,714,986 01 /05 - 04/08 06/08 - 1 /09 Ph 2 Design: RBF Consulting. Contractor: Granite Const. Co. Corridor Improvements Construction was awarded on May 6, 2008 in the amount of (Adams to Jefferson) $1,899,998. Night work on the traffic signal modification work is scheduled to begin December 4`h. Slurry seal work is scheduled to begin December 8". FISCAL YEAR 2005/2006 CIP PROJECTS 2005-02 Ave 52 Bridge $ 250,000 03/06 - 4/08 06/08 - 09-09 Design: LAN Engineering. Contractor: Mocon Corporation Improvements Construction was awarded on May 6, 2008 in the amount of (Coachella Canal) $1,519,349. Contractor is currently placing steel reinforcement for the bridge decks. FISCAL YEAR 2006/2007 CIP PROJECTS 2006-02 Sound $ 710,232 09/06 - 12/08 TBD Design: Omnis Inc. Contractor: TBD Design Underway. The Attenuation Wall (N. City Council authorized staff to advertise the project for bid in Ave 50 @ Lago) and W. December 2008. The design consultant is currently revising Washington St. @ Villas the PS&E to relocate an existing CVWD waterline that was of La Quinta. discovered as the project was going out to bid. The design consultant is working with CVWD to finalize design issues associated with the Villas waterline relocation. 2006-03 Avenue 54 $ 605,000 10/06 - 04108 06-08 - 10-08 Design: CWDG Contractor: Sierra Landscape, Co. Construction Median Island Landscape was awarded on May 6, 2008 in the amount of $581,160. Improvements Contractor has completed work and staff is currently scheduling a final walk and punch list for the project. Project acceptance scheduled for December 16, 2008. 2006-04 Highway 111 $ 2,365,000 10/07 - 12/08 TBD Design: KOA Corporation - $205,825 Contractor: TBD. Phase III Improvements Design Underway. The City Council will consider the approval (Washington St. to of the PS&E and authorization to advertise the project for bid w/City Limits on December 16, 2008. 2006-05 Maintenance $ 75,000 5/08 - 11/08 N/A The Corporate Yard Master Plan is complete. The design Yard Master Plan phase of this project is being managed by Building and Safety. 2006-06 Adams Street $ 1,526,000 03/08 — 12/09 TBD Design: RBF Consulting. Contractor: TBD. PA/ED and Bridge Improvements Preliminary Engineer's Report is underway. (Design Phase) 2006-16 City-wide $275,000 01/07 — 1/08 02108 — 06/08 Design: KOA - $15,000. Contractor: Republic ITS. This Traffic Safety project includes the Pedestrian Activated Crosswalk on Improvements Westward Ho Drive, the Adams Street Emergency Flashing Beacon, and the Traffic Signal Modification on Adams Street at Fred Waring Drive. Project is substantially complete. FISCAL YEAR 2007/2008 CIP PROJECTS 2007-06 Fred Waring at $430,000 01/08 — 12/08 11/08 — 02/09 Design: Willdan. Contractor: Cooley Construction - Palm Royale Traffic $1,127,959 . Design of the Traffic Signal is underway. The Signal project was awarded to Cooley Construction and signed contracts were received the week of October 27tb. Early warning signboards have been placed and traffic control for the project construction is scheduled to be installed starting December 8`h 2007-07 Dune Palms at $430,000 TBD TBD Design: TBD. Contractor. TBD. This project has been placed Retail Center Traffic on hold until right-of-way issues are resolved. Signal 2007-09 Phase I (Part 1) $456,000 02/08 - TBD Design: TBD. Contractor. TBD. Striping and signing has Golf Cart Routes begun. 2007-13 Calle Estado/La $115,271 TBD TBD Design: TBD. Contractor. TBD Fonda Mid Block Pedestrian Crossing 2007-16 Miles Avenue $197,000 10/07 — 08/08 TBD Design: DEA - $17,720. Contractor: TBD. Design complete. Median Island Landscape Staff is coordinating reimbursement agreement with the City Improvements of Indio. 2007-18 Avenue 58 $1,219006 12/07 — 08/08 10/08 — 1/09 Design: Dudek - $69,795. Contractor: SKANSKA USA. Bids Pavement Rehabilitation were received on July 2, 2008. Notice to proceed was issued with a start date of September 81h. Contractor has completed raising the manholes and utility valves and is scheduled to stripe the new asphalt starting December 91h. .A co O 2007-18A Eisenhower $820,501 12/07 — 10/08 10/08 — 1/09 Design: Dudek. This project is underway. Project was Dr. Pavement awarded to Hazard Construction. Construction is Rehabilitation substantially complete and staff is in the process of scheduling a final walk and punch list. FISCAL YEAR 2008/2009 CIP PROJECTS 2008-01 Sound $1,262,470 12/08 — 04/09 TBD Design: WEC Engineering- $85,170 Construction: TBD. Attenuation Wall Design has been initiated. (Laguna de la Paz) 2008-02 New Traffic $430,000 12/08 — 04/09 TBD Design: Willdan — $18,000. Construction: TBD. Design has Signal (Desert Club Drive been initiated. at Avenue 52) 2008-04 Village $589,393 12/08 — 04/09 TBD Design: TBD. Construction: TBD. Design has been initiated. Enhanced Pedestrian Crossings MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: November. 2008 Employee's Hourly Labor Breakdown Crew#1 Crew #2 Crew #3 Maim. Mg. Code Activity 5 Men 4 Men 2 Men 1 Man Total 1000 Policing/Inspection 55 116 0 13 184 1001 Pot Hole -Repair/Patching 5 7 0 0 12 1002 Crack/Joint-Repair 0 0 0 0 0 1003 Pavement Marking/Legends 0 0 0 0 0 1004 Pavement Marking/Striping 0 0 0 0 0 1005 Curb Painting 0 2 0 0 2 1006 Other Traffic Controls 0 34 0 0 34 1007 Curb & Gutter Repair/Const. 0 2 0 0 2 1008 Other Concrete Repairs/Const. 0 15 0 0 15 1009 Street Sign Install (New) 2 0 0 0 2 1010 Street Sign Repair/Maint 39 5 0 2 46 1011 Debris Removal 29 16 0 0 45 1012 Right of Way Maint. 86 40 26 0 152 1021 CLEAN Catch Basin InleUOutlet 0 14 0 0 14 1022 Rondo Channel Outlet/Vault 0 0 0 0 0 1022A Desert Club Outlet/Vault 13 0 0 0 13 1023 S.D./ D.W./C.B. Repair/Maint. 0 18 0 2 20 1024 Gutter/Median Sand Removal 2 4 0 0 6 1025 Street Sweeping (Machine) 107 0 0 0 107 1026 Street Sweeping (Hand) 0 0 0 0 0 1027 Sidewalk/Bike Path Cleaning 1 0 4 0 5 1028 Dust Control 0 0 0 0 0 1029 Flood Control 9 4 0 2 15 1031 Parks/Retention Basins Inspection/Clean-L 2 46 44 0 92 1041 Irrig/ Weeding, Shrubs & Tree Trimming 41 91 68 3 121 1051 Landscape/Irrigation Contract Managerner 6 0 24 14 44 1052 Lighting/Electrical Contract Management 0 0 01 13 13 1061 Small Tools Repair/Maint. 0 0 0 0 0 1062 Equipment Repair/Maint. 12 0 0 0 12 1063 Vehicle Repair Maint. 19 2 0 0 21 1081 Trash/Litter/Recycable Removal 0 4 0 0 4 1082 Vandalism Repairs 0 0 0 0 0 1083 Graffiti Removal 49 66 0 10 125 1084 Maint. Yard Building Maint. 12 6 0 0 18 1085 Seminars/Training 36 32 2 13 83 1086 Special Events 0 0 6 0 6 1087 Citizen Complaints/Requests 28 43 4 0 75 1088 Meeting 3 28 3 18 52 1089 Office (Phone, paper work, reports, Misc.) 4 23 3 38 68 SUBTOTAL 5601 5361 184 1281 1408 1091 Over Time 9 10 14 0 33 1094 Jury Duty( 0 0 0 0 0 1095 Sick Leave 16 16 0 8 40 1096 Vacation 32 8 8 0 48 1097 Holiday 112 112 32 24 280 1098 Floating Holiday 0 0 0 0 0 1099 Worker Comp/ Bereavement 160 0 0 0 160 SUBTOTAL 3291 1461 541 321 561 TOTAL HOURS 8891 6821 2381 1601 1969 TOTAL MILES 29891 35881 9281 1961 7701 492 • 40 LA U 1, 1 Served by th Department Report: A PiLICE e Riverside County Sheriffs Departure n Police Department Monthly Report November -- 2008 Prepared for ll 493 La Quinta Police Department • SIGNIFICANT ACTIVITY REPORT Captain Rodney Vigue Chief of Police (Number in parenthesis denotes number of calls for service that day.) 11/01 Saturday (83) 0815 hours — Deputy Matthew Feldman conducted a pedestrian check and contacted Daniel Craig Eisenacher. During this time, Deputy Feldman located an active felony (narcotic) warrant and several misdemeanor warrants for his arrest. Eisenacher was taken into custody and booked into the Indio Jail. 1350 hours — Inv. Matt Diaz contacted and arrested Gustavo Castenada for violating a restraining order. In the presence of Inv. Diaz, Castenada stated that he was going kill his mother and the officers for arresting him. He was transported to the Indio Jail and booked. 2355 hours — La Quinta deputies responded to the Home Depot in reference to a report of two men with guns. Deputies located the occupants of the suspect vehicle and they were detained. No weapons were located. 11/02 Sunday (68) 2142 hours — Deputy Nakabayashi responded to Stater Brothers regarding a shoplifting. George Lopez Jr. was arrested for commercial burglary. Lopez was transported and booked into the Indio Jail. 11/03 Monday (93) 1014 hours — Deputies Lopez and Rodriquez responded to the 52000 block of Avenida Cortez regarding an unattended death. Manuel Mitre passed away after a long illness. There were no signs of trauma. 11/04 Tuesday (94) No Significant Activity 11105 Wednesday (97) 0426 hours- Deputy Kim conducted an enforcement stop at Montezuma x Ave. Carranza. Deputy Kim identified the key used by the driver as a "shaved key". Subsequent investigation revealed the vehicle was an unreported stolen out of La Quinta. All three occupants were taken into custody and booked into the Indio Jail. Suspects were: driver, Juan Carmona and passengers Adolfo Diaz and Julio A. Diaz. 0600 hours — Stolen vehicle/Hit & Run traffic collision in the 51700 block of Avenida Vallejo. CSO Tina Ayon responded to a hit and run traffic collision and contacted the victims who provided her with a description of the male driver and a license plate. CSO Ayon responded to the address for the suspect vehicle. The owner of the vehicle told her that she was asleep and she was unaware that the vehicle was gone. She has a 17 year friend of the family living in her house who matched the description of the suspect. She signed the CHP 180 reporting the vehicle as stolen and desired prosecution against him or anyone else responsible for the theft and damage to her car. Deputies contacted the juvenile at Summit High School and he admitted to taking the vehicle without the owner's permission. He also admitted to crashing the car and fleeing the scene. He was taken into custody and booked into Juvenile Hall. ® 1500 hours — Possession of a knife on school grounds at Col. Mitchell Paige M.S. School Resource Officer Hendry contacted and arrested Colton Soteros-Swim and James Nagels. While on campus, security 494 officers noticed that Swim had a knife in his back pocket. Security officers recovered the knife from Swim. • Nagels also admitted to being in possession of a locking blade knife. Both were detained until SRO Hendry arrived. SRO Hendry transported both of them to the Indio Jail for the booking process. 11/06 Thursday (95) 1505 hours - Assault at Calle Montezuma and Calle Mendoza. Deputy Post responded to the Community Park reference two female juveniles fighting near the bus stop. He contacted these two females who stated they both liked the same two boys. When deputies arrived, they were hugging each other, stating everything had been worked out. Their parents were notified as well as SRO Moore. 1911 hours- La Quinta SET served a property related search warrant in the 83100 block of Broadmoor, city of Indio. The warrant stemmed from an ongoing investigation involving an ex -employee of a La Quinta based business "Bust a Bug". David White was suspected of embezzling funds from the business. La Quinta SET located physical evidence of embezzlement at the residence. White was arrested without incident and confessed to the crime. White was booked into the Indio jail. 1951 hours — Deputy Knight responded to Wal-Mart regarding two subjected detained for theft. Tanya Castro and her 15-year-old cousin were arrested and booked for commercial burglary. 11/07 Friday (110) 1130 hours — Investigators, with the assistance of the La Quinta SET and patrol deputies, served a search warrant in the 43000 block of Nairobi Drive in Indio. Shadai Rodriguez was arrested for identity theft and possession of stolen property. Rodriguez used the victim's personal identifying information to fraudulently open an account and purchase over five thousand dollars of Apple computer equipment. The victim resides in La Quinta. ® 1210 hours — La Quinta SET Cpl. Morton conducted a traffic stop at Jefferson St and Pomelo for a traffic related offense. Cpl. Morton arrested the driver, Jesus Perez -Lopez, for possession of methamphetamine and a misdemeanor warrant. Perez -Lopez was booked into the Indio jail. 1400 hours — Minor injury traffic collision in the 78600 block of SR I I I at Champion Cadillac. Natalie Sullivan was unloading her car in the service department area when Alexander Shachnowich, tried to squeeze between her car and the building. Unsuccessful, he struck her door and pinned her between the passenger side door and "C" pillar. She had bruising from being pushed /trapped against the door and "C" pillar. 1610 hours —Arrest warrant in the 51800 block of Avenida Rubio. Deputy Fiebig contacted and arrested Michael Baptiste for an active felony (burglary) warrant. He was taken to Indio Jail for the booking process. 1655 hours — Shoplifting at Wal-Mart. Deputy Feldman responded to a call for service and contacted the Loss Prevention Officer who had two juveniles detained for shoplifting. These juveniles were released to their parents and charges are pending. The property was retuned to Wal-Mart. 1830 hours- La Quints SET deputies served a property related search warrant in the 52600 block of Eisenhower Dr. The search warrant is related to a burglary investigation. Destini R. Torres was not present during the search warrant, however, evidence was collected and charges will be sought against Torres. 11/08 Saturday (72) 1420 hours — Deputy Barandes conducted a warrant service in the 54200 block of Avenida Rubio. A ® fifteen year old juvenile was arrested for a no -bail (stolen vehicle and evading arrest) warrant. The Juvenile was transported to Juvenile Hall and booked for the warrant. 495 • 1852 hours — Deputies Anderson and Nakabayashi conducted a traffic enforcement stop at Washington and Miles Avenue. Gloria Klotz was arrested and booked for driving while under the influence. 11/09 Sunday (70) 0049 hours - Deputies Anderson and Nakabayashi conducted a traffic enforcement stop at Avenida Alvarado and Calle Arroba. Eric Franklin was arrested and booked for driving while under the influence. 1206 hours — Corporal Taylor and Deputy Scott conducted a bike stop at Calle Hildago and Avenida Carranza. Frederick Collins was found to have warrants for DUI, and traffic. Collins was transported to the Indio Jail and booked for the warrants. 1326 hours — Deputies Vanderhoof and Sanchez responded to Wal-mart regarding a theft that just occurred. Guadalupe Gutierrez was caught taking two cans of baby formula and a diaper bag from the store without paying for the items. When confronted by security she dropped the items and refused to be escorted inside the store and pushed the security guard. Gutierrez also threatened to retrieve a gun she had in her vehicle (No gun was found). When deputies arrived Gutierrez became cooperative and was taken into custody without further incident. Gutierrez was arrested and booked at the Indio Jail for commercial burglary, child endangerment, and battery. 1515 hours — Deputy White conducted a bicycle stop at Washington and Tampico. Leroy Flores was arrested for possession of methamphetamine. Flores was transported to the Indio and booked for possession of methamphetamine. 1708 Hours- Deputy Anderson arrested Eduardo Sevilla and two juveniles at Wal-Mart for shoplifting. All three were released at the scene. Is 11/10 Monday (100) 0700 hours- Cpl. Taylor and Deputy Scott conducted a pedestrian check at Calle Durango and Eisenhower drive and arrested Alvaro Torres Juarez for a misdemeanor annoying and molesting children warrant. He was booked at the Indio Jail. 11/11 Tuesdav (79 0803 hours — Corporal Taylor and Deputy Scott conducted a vehicle check at Calle Hildago and Avenida Villa. Jesse Sanchez was found to have a misdemeanor warrant for possession of marijuana. Sanchez was cited and released at the scene. 0917 hours — Corporal Taylor and Deputy Scott conducted a vehicle check at Avenida Bermudas and Avenida Navarro. Benansio Modueno was found to have a misdemeanor warrant for resisting arrest. Modueno was transported to the Indio Jail and booked for the warrant. 1740 hours — Deputy Barandes received a call of a DUI driver in the area of Eisenhower Dr and Calle Sinaloa. He located the vehicle driving in the area and observed the vehicle nearly collide with another motorist. He conducted a traffic stop and the driver, Megan Alexander, was arrested for DUI. Alexander was booked into the Indio Jail. 11/12 Wednesday (120) 0302- Deputy Matos conducted a traffic stop at Washington Street and Avenue 41 and arrested Andrew Gonzalez Castaneda for possession of stolen property. Castaneda was in possession of a stolen checkbook. 1•e 1340 hours —Attempt suicide in the 49000 block of Serenata Court. Deputies responded to the location and were told the subject had taken an unknown amount of prescription medication and she was non- responsive. AMR transported the subject to JFK for medical treatment. 1846 hours — La Quinta SET conducted a property related search warrant in the 82800 block of Via Milano, city of Indio. The search warrant was related to two residential burglaries in the city of La Quinta. Deputies contacted Sergio Mendoza and arrested him for two counts of residential burglary. Mendoza admitted to the burglaries and implicated another male juvenile. Mendoza was booked into the Indio jail. 1744 hours — Deputy Marrow responded to Home Depot reference a person, identified as Jackie Dunson, who was attempting to return an item that she selected from inside the store without purchasing. Further investigation revealed her boyfriend, Armando Soto had conspired to select a saw from inside the store and attempt to return it for money. The two were arrested for commercial burglary and transported to the station. During the interview they both confessed to the crime. Dep. Marrow authored a search warrant for a motel room at Maruna Loa, in Indio for additional stolen property believed to have been stolen from Home Depot throughout the week. La Quinta SET Team assisted Dep. Marrow on the search. No additional property was located. Soto and Dunson were booked into the Indio jail for burglary. 11/13 Thursdav (115 1244 hours — La Quinta SET served a property related search warrant in the 82400 block of Requa St., Indio. This warrant is related to an ongoing residential burglary investigation. Deputies arrested a 17-year- old male from the city of Indio, for burglary. Michael Salinas, age 34, was arrested for being under the influence. Salinas is on active parole and was booked into the Indio jail. The 17-year-old male was booked into Indio Juvenile Hall. 1445 hours — Injury traffic collision at Avenue 52 and Jefferson St. Luis Gill was riding his new moped on ® Avenue 52, east of Jefferson Street. Gill, being a novice moped rider, lost control of his vehicle and collided with the raised roadway curbing. Gill suffered significant head trauma, despite wearing a helmet, and was taken to Desert Regional Medical Center. 1703 hours — La Quinta SET served a property related search warrant in the 43800 block of Aztec St., Indio. The warrant stemmed from a vehicle burglary in La Quinta. Deputies located stolen property from the vehicle burglary and a loaded AK47 type assault rifle. Jorge R. Suarez of Indio was arrested for a variety of charges to include vehicle burglary and being an ex -felon in possession of a dangerous weapon. Suarez was booked into the Indio jail. 1715 hours — DUI Traffic Collision at Highway I I I and La Quinta Center. Deputy Wiggs contacted and subsequently arrested Nicole Lee Shetrone for driving while impaired and causing a traffic collision. A passenger, Cynthia Weigandt, was taken into custody for public intoxication. Shetrone resisted arrest and Deputy Wiggs applied the Taser to gain compliance. Shetrone cooperated from that point on and was taken to JFK for an okay to book. Both subjects were booked at the Indio Jail. 1319 hours — La Quinta SET served three property related search warrants stemming from a stolen vehicle recovery by Dep. Kim last week. Deputies arrested Rodolfo Diaz for possession of methamphetamine and drug paraphernalia and he was booked into the Indio jail. Diaz's 17 year old brother was arrested for possession of brass knuckles, which he pulled from his pocket as SET team members entered the home. He was booked into Indio Juvenile Hall. 11/14 Friday (157) 1440 hours — Shoplifting at Wal-Mart. Deputy Feldman contacted the Loss Prevention Officer, who had two juveniles detained for shoplifting. The juveniles exited the store after concealing items in a purse. Both juveniles were released to their parents and charges are to be filed with the Juvenile Probation ® Department. 491 2138 hours — Deputy Knight responded to Wal-Mart regarding a theft. Two 17-year-old girls were arrested for stealing a bottle of rum. Both were released to their parents with charges pending. 11/15 Saturday (85) 0029 hours — Deputy Knight responded to the USA gas station regarding a `beer run'. Three juvenile males entered the store and left with four 18-packs of Budweiser beer without paying. A witness described their vehicle and provided a license plate number. La Quinta SET Deputy Chancellor located the vehicle at Jefferson and Highway l 11. Two teenage occupants were taken into custody and were positively identified as participants of the beer run. Both were booked into Juvenile hall for possession of stolen property and burglary. 11/16 Sunday (62) 0222 hours — Deputy Nakabayashi responded to Avenue 48 and Washington regarding a person passed out in a vehicle. Amado Moreno Lopez was passed out behind the wheel with the engine running and his foot on the brake. Lopez was too intoxicated to complete any sobriety tests and was in possession of a fake California driver's license. Lopez was arrested and booked for driving while impaired, not having a valid license, and being in possession of a fake license. 0804 hours -Deputy Abrego conducted a vehicle check at Eisenhower Drive and Avenida Fernando. The vehicle was found to have been involved in a minor traffic collision. Deputy Abrego's investigation led him to the driver, Dennis Miller, who was arrested for DUI. Miller was booked at the Indio Jail. 0845 hours — Animal death in the 78000 block of Naples. Deputies Russell and Sanchez responded to a call for service reference a dead cat found in the front yard of a residence. La Quinta Animal Control Officer Morris arrived on scene and confirmed the cat had died from being attacked by another animal, not in a malicious matter. 1155 hours —Attempted grand theft and vandalism at the La Quinta Civic Park. Deputies Russell and Sanchez responded to a call for service reference an attempted theft of city property. An artist walking through the park noticed damage to a 3'x3' bronze sculpture. Someone had tried to cut the bolts holding the sculpture to its base. The sculpture was last seen undamaged about two weeks ago. 1310 hours —Burglary in the 78800 block of Sanita Dr. Two juveniles entered the unlocked rear sliding door to the residence. The homeowner came home and the juveniles ran out of the house. Deputy Vanderhoof saw a subject fleeing the area and took him into custody. This juvenile gave the name of the second juvenile and he was later taken into custody. Both juveniles were booked into the Juvenile Hall. 11/17 Monday (110) 0645 hours — Motor Sgt Walton conducted a traffic enforcement stop of a speeding motorist at Highway I I I and Dune Palms. The investigation revealed the unlicensed driver, Johnny Loya, was in possession of methamphetamine. Loya was transported and booked into the Indio Jail. 1550 hours — Deputy Vanderhoof responded to the 79-800 block of Horseshoe regarding an attempted suicide. Deputies arrived and found Cary James White unconscious in the bathtub. White was transported to JFK Hospital where he passed away. 1856 hours — Deputy Anderson conducted a traffic stop at Painted Cove and Park St. Dixie Bacon was arrested for DUI. and was booked into the Indio Jail. 11/18 Tuesday (87) A 1928 hours — Deputy Anderson responded to Kohl's Department Store after loss prevention officers called advising a female had entered the store and stolen items. During their investigation the female, identified 1•i as Maria Sanabria, struck one of the loss prevention officers in the face. Sanabria entered a waiting car occupied by Ruben Rivera and her 12-year-old son. Loss prevention officers followed the suspect vehicle and La Quinta SET Cpl. Morton stopped the suspect vehicle on Royal Palm and Washington St. Sanabria was arrested for commercial burglary, robbery, and child endangerment. Rivera was booked for conspiracy to commit burglary and child endangerment. Both were booked into the Indio jail. CPS was contacted reference Sanabria's son. He was released to the father. 11/19 Wednesday (92) 0400 hours — Deputy Adams conducted an arrest warrant service in the 54-200 block of Rubio and arrested a juvenile for a felony no bail warrant. 1930 hours — Deputy McAnallen responded to Avenida Velasco and Calle Madrid regarding an injury traffic collision. Diana McMillan was traveling northbound on Avenida Velasco and collided with another vehicle which was making a turn. McMillan was arrested for driving while impaired by prescription medications. McMillan was transported to JFK for treatment and was cited and released. 11/20 Thursday (69) 0240 hours — Deputy Ramsey responded to the 78800 block of La Palma regarding a possible burglary in progress. The reporting party related there was an unknown male attempting to gain entry through his back door. Steven Swanson was contacted and found to be extremely intoxicated. Swanson was arrested and booked for public intoxication. 1300 hours- Deputy Lopez arrested three juveniles at Wal-Mart in La Quinta for shoplifting. All three juveniles were booked into Indio Jail. ® 1800 hours — Deputy Fiebig responded to the 44900 block of Vista Dunes regarding a restraining order violation. Atanacio De La Fuente was arrested and booked for a domestic violence restraining order violation. 11/21 Friday (107) 1315 hours — Possession of stolen property at Indio Station. Deputies Lopez and Rodriguez contacted and arrested Jean Michael Baptiste who was at the Indio Station to claim a cellular phone taken from him when he was arrested. At the time of his previous arrest, the owner of the phone was unknown. Since then, deputies learned that the phone was taken from a residence in Palm Springs. Mr. Baptiste was transported to the Indio Jail for the booking process. 1415 hours —Burglary and theft with priors at Wal-Mart. Deputy Feldman contacted and arrested Magdalene Armando Lopez who had fled the store without paying for several alcoholic beverages. He has prior theft convictions and was taken to the Indio Jail. 1507 hours — Deputy Fiebig responded to the 77900 block of Calle Sonora regarding a possible burglary in progress. Alan Venegas was arrested and booked for residential burglary. Venegas and his 15-year-old girlfriend broke into the residence and had been living there for at least two days. They used appliances and the utilities. The teenage suspect was booked at Juvenile Hall. 1809 hours — Deputy Knight responded to Kohl's regarding a theft. A 15-year-old juvenile used a large empty purse to steal and conceal miscellaneous clothing and jewelry and leave the store without paying for them. The suspect also had a no -bail warrant for grand theft. The suspect was arrested and booked at the Indio Juvenile Hall. 1909 hours — Deputy James responded to a single vehicle, non -injury traffic collision on Washington and ® Simon Drive. Anivel Escalera, was arrested and booked for driving while intoxicated. 499 1930 hours — La Quinta SET served a property related search warrant in the 54100 block of Avenida Madero. The warrant stemmed from a vehicle burglary where Deputy White developed information for a 17-year-old suspect residing at the residence. The 17-year old was not present during the service of the search warrant. Suspected stolen property was recovered from the residence. 2044 hours- La Quinta SET conducted a knock and talk in the 78600 block of Sage Brush. Contacted was a male 17-year old juvenile who was arrested earlier this week for possession of stolen vehicle out of La Quinta. The juvenile admitted to stealing the vehicle and selling the laptops for money and marijuana. Additional charges to follow out of custody. 11/22 Saturdav (94 1854 hours- Deputy Anderson arrested Fernando Villafana, for burglary at Wal Mart. Villafana cut open DVD's, consumed lemonade, cut open large knife and place knife and DVD's down pants and exited store without paying. Admitted he planned to steal from Wal Mart prior to arrival. Booked into the Indio Jail for burglary. 11/23 Sundav (59 0327 hours — Deputy Anderson conducted a traffic enforcement stop at Highway I I I and Depot Dr. Carmen Rios was arrested for DUI. Rios was booked into the Indio Jail. 1225 hours — Corporal Taylor and Deputy Scott conducted a pedestrian check in the 79800 block of Hwy. 111. Jerry Moreno was found to have a misdemeanor warrant for possession of stolen property and resisting arrest. Jerry Moreno Sr. was found to have a warrant for possession of hypodermic syringes. Both Moreno's were cited and released at the scene. 1430 hours — Deputy Barandes responded to Wal-Mart regarding two subjects being detained for ISshoplifting. Jose Castro and Alejandra Cruz were arrested and booked at the Indio Jail for shoplifting. 1430 hours — Corporal Taylor and Deputy Scott conducted a vehicle stop at Adams and Ave. 48. The driver, Jonathan Pastion, was found to be unlicensed and in possession of marijuana. Pastion was cited and released at the scene and his vehicle was towed. 1430 hours — Deputy Fiebig responded to Wal-Mart regarding two subjects being detained for shoplifting. Joanna Gonzalez and her mother, Maria Gonzalez, were caught taking clothing and baby items from the store without attempting to pay for them. Both Maria and Joanna were transported to the Indio Jail and booked for commercial burglary. 2300 hours — Deputy Nakabayashi responded to the 48-600 block of Classic Dr. regarding a disturbance. Chase Austin was arrested for public intoxication. Austin was booked into the Indio Jail. 11/24 Monday (107) 0105 hours — Deputy Anderson responded to a hit and run traffic collision at Jefferson and Avenue 52. The vehicle struck the center round -a -bout causing damage to a sign and landscaping. The vehicle was gone when deputies arrived. Indio deputies located the vehicle and driver at Jefferson and Big Hom in Indio. T Aaron Shupp was arrested for DUI and hit and run. Shupp was transported to Indio Jail. 0350 hours —Deputy McAnallen conducted a traffic enforcement stop at Jefferson and Avenue 48. Mario Zacarias was arrested for DUI. Zacarias was booked into the Indio Jail. 0830 hours — Corporal Taylor and Deputy Scott conducted a vehicle stop at Ave. 52 and Washington. David Isaac Lopez was arrested for parole violation, possession of drug paraphernalia, possession of a ® hypodermic syringe and being under the influence of methamphetamine. Lopez was booked at the Indio Jail. 500 1417 hours —Corporal Taylor and Deputy Scott conducted a vehicle stop at Ave. 58. Carlos Villegas was arrested for a misdemeanor warrant, DUI and an on -sight charge of possession of marijuana. V illegas was cited and released at the scene. 1931 hours — Deputy Anderson responded to Kohl's regarding three female juveniles detained for shoplifting. The investigation revealed the juveniles entered the store with empty bags and the intent to steal. All three suspects were arrested for commercial burglary, conspiracy and burglary tools. 11/25 Tuesday (113) 2042 hour — Deputy Morrow was flagged down in the area of Calle Tampico and Washington St, reference a suspicious person at the Civic Center Park. A male juvenile reported a subject had propositioned the juvenile while he was walking through the park. 11/26 Wednesday (95) 1147 hours- Deputy Lopez conducted a pedestrian check at Avenida Bermudas and La Fonda and arrested Richard Camacho Jr. for possession of marijuana. Cited and released at the scene. 11/27 Thursday (56) No Significant Activity 11/28 Fridav (131 0045 hours — Deputy McAnallen responded to the 52800 block of Avenida Alvarado regarding a disturbance call. Marco Gerardo was arrested and booked for public intoxication. Is1440 hours — Burglary at Target. Deputy Feldman contacted and arrested Jose Manuel Lopez and Elizabeth Grajeda who had entered Target with the intent to steal perfume and cosmetics. They were captured by La Quinta Police Officers after they fled the store. They were transported to the Indio Jail for the booking process. 1730 hours- Deputy Rodriguez arrested Mike Persall at I I I x Washington for a parole violation warrant 11/29 Saturday (76) 2346 hours — Deputy Miller responded to the 52300 block of Avenida Obregon to assist Cal Fire on a couch fire. A 13-year-old boy was arrested and booked at Indio Juvenile Hall for arson. 11130 Sunday (71) 1345 hours — Arrest warrant at Calle Ensenada and Avenida Navarro. Deputy Romero conducted a pedestrian check and arrested Victor Duarte Banuelos for an active parole violation warrant. He was transported to the Indio Jail for the booking process. Total Number of Calls: 2,767 501 0 U DeDUtV Prezell Burqie CITY OF LA QUINTA Business District Deputy Report November, 2008 SIGNIFICANT ACTIVITY I planned and moderated a "Loss Prevention Meeting" held at the La Quinta Wal-Mart. The meeting was designed to develop a cohesive working relationship among loss prevention staff and law enforcement. Some of the topic discussed included the Commercial District Police Office, Holiday theft suppression programs, graffiti program and the City of La Quinta recycle program. In preparation for the holiday season, I developed an aggressive and proactive crime prevention strategy utilizing bicycle patrols, Segway patrol and multiple undercover operations along the Hwy 111 corridor and Old Town La Quinta. During the month of November, I assisted in the selection and procurement of the final furniture and equipment items for the La Quinta Police Commercial District Police Station. In conjunction with SET deputies, I assisted in serving multiple search warrants stemming from burglaries ® that occurred in La Quinta. As a result, several suspects were arrest and stolen property was recovered. 502 0 0 Deputy Adonis Glasper Deputy Tim White Deputy Jason Chancellor CITY OF LA QUINTA Special Enforcement Team November 2008 Summa of Activitv Cpl. Randy Morton Deputy Claudia Rodriguez Deputy Shaun Hughes Type of Activily # of Incidents Type of Activity # of Incidents Programs 10 Wea ons Recovered 2 Vehicle Checks/Stops 32 Arrest Warrants Served 6 Pedestrian Checks 16 1 Search Warrants 16 Follow-ups 29 1 Parole Searches 7 Citations Issued 5 Arrests/Filings 36 SIGNIFICANT ACTIVITY Special Enforcement Team Deputies served four very successful search warrants during the month of November resulting in multiple arrests and the recovery of stolen property. 1. One warrant was the result of an ongoing investigation where an ex employee had stolen customer checks and cashed them. Deputies located evidence of embezzlement and arrested the suspect who confessed to the crime. 2. Following up on two burglaries in La Quinta, deputies served a search warrant in which the suspect was located and arrested. The nineteen year old suspect confessed and implicated a male juvenile in the crime. 3. A property related warrant served in Indio resulted in the arrest of a seventeen year old juvenile for two counts of burglary. 4. A search warrant related to a vehicle burglary led to the arrest of a known gang member and the recovery of a fully loaded AK 47 assault rifle. Stolen property was recovered and the suspect admitted to the burglary. 503 • EA CITY OF LA QUINTA Traffic Services Team Report November 2008 Traffic Services Supervising Sgt. David Walton SIGNIFICANT ACTIVITY The Monthly Citation Loa provides a comparison over the previous month for citations issued within the city of La Quinta. The report shows 402 citations were issued during November 2008. This represents a 16.5% decrease over the month of October 2008, at 345 citations issued. There have been 3,712 citations issued, year to date. This represents an 25.2% increase over the same period of time in 2007 at 2,965 citations issued. The Monthly Traffic Collision Report provides a comparison over the previous year for collisions that were reported within the City of La Quinta. The report shows 18 collisions were reported during the month of November. Currently, the residents of La Quinta are enjoying a 7.04% collision rate reduction this year-to-date, when compared with the same period in 2007. Grant monies acquired from the Office of Traffic Safety are being used to increase the detection and arrest of drunk drivers. When compared to 2007, there has been a 24.14% increase in impaired driver collisions during 2008 is the hypothesis can be drawn from the current citation and collision trends within the the City of La Quinta. Simply stated, as citation issuance has increased the collision rate has steadily decreased since January 2007. This decrease is being tracked from the year 2000. 504 City of La Quinta La Quinta Police Department Monthly Citation Activity Log November, 2008 Category This Month Last Month % Change This Year To Date Last Year To Date % Change Excessive Speed Citations 89 67 32.8% 832 781 6.5% Excessive Speed Violations 89 67 32.8% 832 783 6.3% Signs and Signals Citations 112 80 40.0% 740 717 3.2% Signs and Signals Violations 112 80 40.0% 741 718 3.2% Unsafe Turning Citations 8 2 300.0% 61 103 -40.8% Unsafe Turning Violations 8 2 300.0% 61 103 -40.8% Failure to Yield Citations 0 7 -100.0% 27 34 -20.6% Failure to Yield Violations 0 7 -100.0% 27 34 -20.6% Child Restraint Citations 4 4 0.0% 50 76 -34.2% Child Restraint Violations 5 4 25.0% 53 90 -41.1% Safety Belt Citations 5 14 -64.3% 274 322 -14.9% Safety Belt Violations 5 14 -64.3% 274 324 -15.4% 1 Cites 9 9 0.0% 105 23 356.5% DUI Arrests 9 12 -25.0% 119 23 417.4% ctual-DUl - -9 13 30:8% 134 35 282:9%-- Other Hazardous Citations 18 22 -18.2% 183 168 8.9% Other Hazardous Violations 100 116 -13.8% 1209 1060 14.1 % Non -Hazardous Citations 113 98 15.3% 1051 474 121.7% Non -Hazardous Violations 200 210 4.8% 2243 1687 33.0% Total Hazardous Citations 289 247 17.0% 2661 2491 6.8% Total Hazardous Violations 309 272 13.6% 2870 2698 6.4% Pedestrian Citations 3 1 200.0% 15 6 150.0% Pedestrian Violations 3 1 200.0% 15 6 150.0% Bicycle Citations 1 1 0.0% 2 5 -60.0% Bicycle Violations 1 1 0.0% 2 5 -60.0% Financial Responsibility 41 42 -2.4% 615 593 3.7% Radar Cites 28 17 64.7% 519 724 -28.3% Parking Cites 1 0 0.0% 6 13 -53.8% Total Hazardous Double Stat 298 265 12.5%r5l 2985 2889 3.3% Dial Citations 402 345 16.5%3712 2965 25.2% Total Violations 509 482 5.6%13 4385 16.6% ,.- 505 City of La Quinta La Quinta Police Department Monthly Traffic Collisions Report 0 November 2008 Current Month New YTD Last YTD % Change Total T/C - Public Highway 16 323 365 -11.51 % Fatal Collisions 0 3 0 Number Killed 0 3 0 Injury Collisions 2 74 66 12.12% Number Injured 2 102 101 0.99% Property Damage 14 246 299 -17.73% Type of Collision Hit & Run 3 45 58 -22.41 % Private Property 2 47 33 42.42% Bicycle Collisions 0 6 2 200.00% Number Injured - Bicycle Collisions 0 5 1 400.00% Vehicle vs. Pedestrian 0 1 1 0.00% ticohol Involved 2 36 29 24.14% Reports Taken By -- - Patrol - - — — 15--- - -- -- -- - -- 308 ---- 278 10.79% Target Team 1 2 17 -88.24% Traffic 2 50 69 -27.54% 0 0 SRO 0 5 8 -37.50% DUTY UNKNOWN 0 4 26 -84.62% TOTAL REPORTS 18 370 398 -7.04% Counter Reports DUI Arrests Investigations Assigned Last YTD This YTD Closed Open Hit and Run Primary Collision Factors Number %Total Unsafe Speed 8 44.44% Unsafe Lane Change 3 16.67% Driving Under Influence 3 16.67% Auto R/W Violation 3 16.67% other Improper Driving 1 5.56% 506 0 Deputy Thomas Hendry Summit H.S. Paige M.S. Horizon O.S. CITY OF LA QUINTA School Resource Officer Report November 2008 Summary of Acflvlfv Type of Activit Number of Incidents Reports 4 Arrests 0 Traffic Stops 0 Business Checks 10 Truant 0 Vehicle Checks 3 Pedestrian Checks 8 YAT Referral 0 I was contacted by a school counselor from Colonel Mitchell Paige M. S. regarding a mentally disturbed student. The counselor had received a note from a concerned student advising that the subject had said she intended to take her life. The disturbed student was uncooperative with both myself and the school counselor and displayed great anger. Based on the previous mental health history of the student, as well as her current behavior, I transported the student to Oasis Mental Health for a 72-Hour evaluation. I investigated a report of vandalism of a school bus. In the course of my investigation I was told that a student had admitted to the principal that he had broken a school bus window. Charges against the student were filed out of custody. School security personnel spoke to me regarding a possibly mentally disturbed student. When I spoke with the student she told she had attempted to hang herself the night before but only passed out. She stated that she is upset about recent events in her life and wants to die. I transported the student to Oasis Mental Health for a 72-Hour evaluation. I received a report of an adult male annoying or harassing a female student at a bus stop in Palm Desert. I located the adult male and he was positively identified by the victim. The case was forwarded to investigators at the Palm Desert station of the Riverside County Sheriffs Office for further follow-up and investigation. 501 lJ 0 La Quinta MS Franklin E.S.. Truman ES Adams ES CITY OF LA QUINTA School Resource Officer Report November 2008 Deputy Rebecca Smith Summary of Activitv Type of Activity Number of Incidents Reports 9 Arrests 0 Traffic Stops 2 District Attorney Filings 0 City Parks Area Checks 9 Vehicle Checks 10 Follow-up 6 Pedestrian Checks 14 Y.A.T. Referral 5 Parking Citations 3 Skate Park Citations 12 Home Visits 7 I detained a student at La Quinta Middle School who brought two knives on campus. He was released to the custody of his guardians. The student was suspended and expulsion is pending. A report was forwarded to the Juvenile Probation Department and criminal charges are pending. I worked the La Quinta High School versus Coachella Valley High School football game. Two students were dismissed from the game for minor infractions. I detained three students at Truman elementary School who brought a knife on campus. Though the knife had been passed between all three students, a teacher was able to locate the weapon. All three students were suspended. A report was forwarded to the Juvenile Probation Department and criminal charges are pending. I assisted in the search for a runaway student. The student was located and was returned to his parents. Working cooperatively with the La Quinta SET Team, we located three juveniles who had committed a theft from the La Quinta Public Library. Charges are pending against the three juveniles, two of whom are students at La Quinta Middle School. Working in partnership with Probation Officer Richardson, we conducted home visits for local juveniles who are currently on formal probation. Conducted bicycle patrol in the La Quinta Cove making contact with numerous juveniles and adults. One contact led to the identification of a wanted probationer who was a suspect in several burglaries. 0 is 0 Deputy Kevin Moore La Quinta High School CITY OF LA QUINTA School Resource Officer Report November 2005 Summary of Activitv Type of Activity Number of Incidents Criminal Reports 7 Skate Park Citations 4 Arrests 1 District Attorney Filings 1 Y.A.T. Referral 6 Vehicle Checks 10 Pedestrian Checks 33 Follow -Up 0 Traffic Stops & Citations 15 Parking Citations 6 Bicycle Patrol Miles 21.2 Truants Cited 2 SIGNIFICANT ACTIVITY 1. Requested medical assistance for a student who was found to have alcohol poisoning. The student was transported to JFK emergency. Charges were filed against the student for public intoxication. 2. 1 spoke to an estimated one hundred 11th grade students relative to the legal aspect of search and seizure. I also addressed law enforcement as a career choice. 3. 1 have been conducting daily traffic enforcement both before and after school on Dune Palms Rd. and Westward Ho. Concentrated enforcement has resulted in significant improvement in solving most traffic issues related to the campus. RADAR speed enforcement has been implemented in the traffic enforcement strategy. 4. 1 have been concentrating strict enforcement on students who have been jaywalking. I have been issuing citations in an effort to promote the use of sidewalks and reduce the potential of vehicle versus pedestrian collisions. 5. Working cooperatively, all School Resource Officers have been working additional patrol after school hours with the focus being on areas where juveniles are known to congregate. Special attention has been given to parks, skate parks, bus stops and the business district. 519 • is 0 CITY OF LA QUINTA Community Service Officer Report November 2008 C.S.O. Artesia Diaz C.S.O. Tina Ayon C.S.O. Bridget Delaney (Traffic Services Officer) C.S.O. Lisa Land Summary of Activitv Type of Activity Number of Incidents Burglary Investigations 12 Grand Theft Reports 2 PettyTheft Reports 2 Vandalism/Malicious Mischief Reports 8 Traffic Collision Response 11 Vehicle Code or Parking Citations 69 Abandoned Vehicles Tagged/WarningTagged/Warning 32 Towed Vehicles 0 Lost or Found Property Reports 2 Stolen Vehicle Report 1 Custodial / Non -Custodial Transport 22 Miscellaneous Calls 96 .w. 510 is 0 Crime Distribution Table Oct-08 % of Total Oct-07 % of Total 1 AGGRAVATED ASSAULTS 10 4.37% 6 3.05% 2 BURGLARY 52 22.71% 41 20.81% 3 BURGLARY -VEHICLE 22 9.61% 16 8.12% 4 DOMESTIC VIOLENCE 22 9.61% 9 4.57% 5 HOMICIDE 0 0.00% 0 0.00% 6 NARCOTICS VIOLATIONS 26 11.35% 23 11.68% 7 ROBBERY 3 1.31% 1 0.51% 8 ROBBERY - CAR JACKING 0 0.00% 0 0.00% 9 SEX CRIME FELONY 4 1.75% 2 1.02% 10 SEX CRIME MISDEMEANOR 1 0.44% 0 0.00% 11 SIMPLE ASSAULTS 11 4.80% 9 4.57% 12 THEFT 68 29.69% 83 42.13% r13 VEHICLE THEFT 10 4.37% 6 3.05% Total 229 95.63% 197 96.45% CM OF LA QUINTA October 2008 Crime Distribution 80 68 70 60 52 50 an 40 26 30 20 10 0 a w m <o z <z a a a < zn om > n r, y� m �m o� mx cb ry c'�r zti m c� a -s 511 0 0 O Month to Month Crime Comparison - October 9093 80 I 70 0 Opober2008 60 52 OOctober 2001 I 40 30 I 20 10 9 II 9 10 10 00 1 00, 10 0 o inn a a m "m mx ti w— m S Cam, y cry z� v '--�o z Fa z" 3n rr r m ra a rA cam_ o_ -< K Ki mz �m mf) m m 800 700 600 500 400 300 200 100 0 Yearto Date Crime Comparison - October y0 C <C 30 O `"a O O HL7 a ma O� 3 �a m m mx �m vx w� a.o m -•' s ww n SG� rm _ m °' am rr' � aE v a O m -u« 0 512 L Month to Month Traffic Ad4ty Comparison - October 800 -- -- 700 689 587 600 500 p October 2008 400 ® October 2007 300 200 100 23 14 12 8 4 0 0 0 TRAFFIC T/C NON- DUI TIC INJURY T/C FATAL CITATIONS INJURY Yearto Date TtaJTic Activity Comparison - October 5,000 4,500 4,000 A r 3,500 . <. 3,000 ® YTD 2008 2,500 ® YTD 2007 2,000 1,500 4; 1,000 500 TRAFFIC T/CNON-INJURY DUI T/C INJURY T/C FATAL CITATIONS 513 1 9 Year to Date Calls for Service Comparison 30,000 � 7 24,970 25,000' 20,000 a T 35 15,000 ,., `^ x ? ©YTD 2008 :�, . ,, YTD 2007 11,849,�,: 10,183�" 10,000�" 5,000 -><t•� 0 Total Non -Criminal Criminal S..." 514 0 C� CITY OF LA QUINTA Citizens On Patrol Community Policing Office Monthly Volunteer Report November 2008 Danese Maldonado Volunteer Coordinator A message from your Volunteer Coordinator... Summary of Activity CommunityPolicin Office Number Citizens On Patrol Number Monthly Volunteer Hours 128 Community Events 3 Hours YTD 1,648 Business Checks 40 Hours 4/03 to Present 15,828 Traffic Control 0 CPO Monthly Visits 80 Courtesy Notifications 39 CPO YTD Visits 1,155 Miscellaneous Activity 2 CPO Visits 4/03 to Present 11,224 Neighborhood Patrol 25 Training Hours 8 Vacation Checks 20 Patrol Hours 82 YTD Patrol Hours 827 Hours 7/06 to Present 3,088 The established rate for value received for volunteers in the State of California is calculated at $16.24 per hour. The estimated YTD financial benefit to the La Quinta Police Department and the City of La Quinta totals: $40,194.00 Total savings since 2003: $307,195.00 515 0 0 CITY OF LA QUINTA Post 503 Explorer Report November Corporal Andy Gerrard Post 503 Members at the 20th Annual Veteran's Day Celebration General Patton Memorial Museum ACTIVITY Post 503 members assisted with traffic and crowd control during the 20th annual Veteran's Day celebration held at the General Patton Memorial Museum in Chiriaco Summit. During the event Post 503 Explorers were invited to tour museum. The items and information presented in the museum collection served to remind the Explorers of the cost of freedom and the dedication of all veteran's. Jan Roberts, museum board director, commenting on the presence of the Explorers said: "it is great to see the young people and watch their attention to history. It revitalizes our efforts to reach our younger generation so they can learn to protect our future from the lessons of the past. st 503 members assisted with traffic and crowd control at three Coachella Valley events. 1. Jacqueline Cochran Air Show in Thermal 2. Coachella Fiesta of Chilies in Thermal 3. Coachella High School versus Indio High School Homecoming Football Game training covered terrorist threat scenarios, building searches, patrol procedures, drill g, physical conditioning, new member orientation and leadership development. ® Post 503 meetings are held on Wednesday evenings, 5:00 p.m. -- 7:00 p.m. at the Indio station of the Riverside County Sheriffs Department (82-695 Dr. Carreon Blvd.). For information about the Post 503 Explorer program, please contact Cpl. Andy Gerrard at 760-863-8990. 516 Department Report: 9 LA Ul TA P@LICE Served by the Riverside County Sheriffs Department Crime Statistics Summary October -- 2008 9 Prepared for 0 517 PART I: 4 5 6 7 8 10 11 12 13 TRAFFIC 0 CITY OF LA QUINTA Crime Com arison -- October CRIME October October YTD 2008 YTD 2007 2008 2007 AGGRAVATED ASSAULTS 10 6 50 52 BURGLARY 52 41 446 515 BURGLARY -VEHICLE 22 16 189 188 DOMESTIC VIOLENCE 22 9 143 108 HOMICIDE 0 0 1 1 NARCOTICS VIOLATIONS 26 23 191 237 ROBBERY 3 1 31 23 ROBBERY -CAR JACKING 0 0 0 3 SEX CRIME FELONY 4 2 33 29 SEX CRIME MISDEMEANOR 1 0 14 19 SIMPLE ASSAULTS 11 9 87 78 THEFT 68 83 633 674 VEHICLE THEFT 10 6 107 TRAFFIC CITATIONS 689 587 4,620 T/C NON -INJURY 23 33 254 DUI 14 12 147 J328 T/C INJURY 8 4 69 T/C FATAL 0 0 1 CITY OF LA QUINTA DISPATCH INFORMATION - October 2008' TYPE OF CALL RESPONSE TIME MINUTES NUMBER OF INCIDENTS EMERGENCY 3.95 4 ROUTINE 9.17 1,391 Data from Riverside Co. Sheriffs Department Data Warehouse, Average Response Time Report. 0 51$