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1999 07 06 CCLa��--T - r9 OF Tt�tiv City Council Agenda CITY COUNCIL CHAMBER 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting July 6, 1999 - 2:00 P.M. CALL TO ORDER a. Pledge of Allegiance b. Roll Call PUBLIC COMMENT Beginning Res. No. 99-83 Ord. No. 334 This is the time set aside for public comment on any matter not scheduled for public hearing. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. CLOSED SESSION NOTE: TIME PERMITTING, THE CITY COUNCIL MAY CONDUCT CLOSED SESSION DISCUSSIONS DURING THE DINNER RECESS. ADDITIONALLY, PERSONS IDENTIFIED AS NEGOTIATING PARTIES WP-RE THE CITY IS CONSIDERING ACQUISITION OF THEIR PROPERTY ARE NOT INVITED INTO THE CLOSED `' :SSION MEETING. 1. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION _ 54956.9(a) KSL/J.M. PETERS, CASE NO. 002597; KSL/CV UNIFIED SCHOOL DISTRICT, CASE NO. 798236; CVWD VS. CITY OF LA QUINTA, CASE NO. INC010827; CITY OF LA QUINTA VS. ART FERNANDEZ, CASE NO. TC011000; HANOVER VS. CITY OF LA QUINTA, CASE NO. 085167; PEOPLE OF THE STATE OF CALIFORNIA VS. STEVEN RUMMONDS, CASE NO. INM71412 AND PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) TWO POTENTIAL LITIGATION MATTERS. 01. 2. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) - ONE POTENTIAL LITIGATION CASE. 3. EVALUATION OF COUNCIL -APPOINTED POSITION - CITY MANAGER, PURSUANT TO GOVERNMENT CODE SECTION 54956.6. PUBLIC COMMENT - 3:00 pm This is the time set aside for public comment on any matter not scheduled for public hearing. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. CONFIRMATION OF AGENDA APPROVAL OF MINUTES a. Approval of Minutes of June 15, 1999 ANNOUNCEMENTS PRESENTATIONS WRITTEN CORRESPONDENCE OD Page -2- 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 JULY 6, 1999. 2. DENIAL OF CLAIM FOR DAMAGES FILED BY P. J. SHERIDAN, DATE OF LOSS, APRIL 27, 1999. 3. ADOPTION OF RESOLUTION APPROVING THE URBAN AND COMMUNITY FORESTRY GRANT PROGRAM FUNDED BY ANNUAL STATE APPROPRIATIONS FROM THE CALIFORNIA FOREST RESOURCE IMPROVEMENT FUND THROUGH THE TREES FOR THE MILLENNIUM INITIATIVE FOR THE FOLLOWING PROJECT: "CITYWIDE TREE PLANTING," TREE PLANTING IN VARIOUS AREAS. 4. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY SERVICES DIRECTOR AND ASSISTANT CITY MANAGER TO ATTEND THE LEAGUE OF CALIFORNIA CITIES COMMUNITY SERVICES CONFERENCE AND ECONOMIC DEVELOPMENT CONFERENCE, AUGUST 4-6, 1999 IN MONTEREY, CALIF. 5. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PLANNING MANAGER TO ATTEND THE CALIFORNIA CHAPTER AMERICAN PLANNING ASSOCIATION CONFERENCE IN BAKERSFIELD, CALIF., OCTOBER 16-17, 1999. 6. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR MAYOR PENA AND MAYOR PRO TEM HENDERSON TO ATTEND THE LEAGUE OF CALIFORNIA CITIES EXECUTIVE FORUM IN MONTEREY, JULY 28-30, 1999. 7. APPROVAL OF ONGOING RENTAL USE OF THE SENIOR CENTER BY NEW LIFE COMMUNITY CHURCH. 8. APPROVAL OF JOINT USE OF FACILITY AND SERVICES AGREEMENT WITH THE BOYS AND GIRLS CLUB OF THE COACHELLA VALLEY, LA QUINTA UNIT. 9. ADOPTION OF RESOLUTION GRANTING CONDITIONAL APPROVAL OF FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 23995-7, CENTURY CROWELL COMMUNITIES. 10. ADOPTION OF RESOLUTION GRANTING CONDITIONAL APPROVAL OF FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 25389-4, DESERT FAIRWAYS, RJT HOMES. 11. AUTHORIZATION FOR THE MAYOR TO SIGN THE RIVERSIDE COUNTY COOPERATION AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (CDBG) FOR FISCAL YEARS 2000-2003. 12. APPROVAL TO NEGOTIATE WITH THE FIRM OF A.C.T., G.I.S., INC. TO CONDUCT A NEEDS ASSESSMENT FOR A GEOGRAPHIC INFORMATION SYSTEM. 13. APPROVAL OF A SETTLEMENT AND RELEASE AGREEMENT WITH THE COUNTY OF RIVERSIDE SHERIFF'S DEPARTMENT ASSOCIATED WITH THE AUTOMATED CRIMINAL IDENTIFICATION AND INFORMATION SYSTEM (ACIIS). Page - 3 - 14. APPROVAL OF A MEMORANDUM OF UNDERSTANDING WITH THE COUNTY'S EMERGENCY MEDICAL SERVICES AGENCY FOR JOINT MONITORING OF EMERGENCY AMBULANCE SERVICES. 15. APPROVAL OF CONTRACT RENEWAL WITH THE FIRM OF TRI-LAKE CONSULTANTS TO PROVIDE CAPITAL IMPROVEMENT PROJECT FIELD INSPECTION SERVICES. 16. APPROVAL OF CONTRACT RENEWAL WITH THE FIRM OF NICKERSON, DIERCKS, AND ASSOCIATES TO PROVIDE CONTRACT MANAGEMENT AND ADMINISTRATIVE SUPPORT SERVICES FOR CAPITAL IMPROVEMENT PROJECTS AND PRIVATE DEVELOPMENT PROJECTS. 17. ACCEPTANCE OF PROJECT 98-14, PARC LA QUINTA UTILITY UNDERGROUNDING AND AUTHORIZATION TO FILE A NOTICE OF COMPLETION. 18. ADOPTION OF RESOLUTION APPROVING STREET NAME CHANGE 99-011 TO CHANGE COLUMBINE TO SPANISH BAY, LOCATED NORTHWEST OF MEADOWBROOK AND NORTHEAST OF PGA WEST BOULEVARD AND HAZELTINE, WITHIN PGA WEST. APPLICANT, CITY OF LA QUINTA. BUSINESS SESSION CONSIDERATION OF CONTRACT SERVICES AGREEMENT WITH THE LA QUINTA CHAMBER OF COMMERCE FOR FISCAL YEAR 1999-2000. A) MINUTE ORDER ACTION. 2. CONSIDERATION OF MARKETING PLAN AND CONTRACT SERVICES AGREEMENT WITH KINER/GOODSELL ADVERTISING FOR FISCAL YEAR 1999-2000. A) MINUTE ORDER ACTION. 3. CONSIDERATION OF APPROVAL OF THE INITIATION OF PROCEEDING AND THE ASSUMPTION OF JURISDICTION BY THE COACHELLA VALLEY WATER DISTRICT FOR THE ACQUISITION OF CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE MUNICIPAL IMPROVEMENT ACT OF 1913. A) RESOLUTION ACTION. 4. CONSIDERATION OF INVESTMENT ADVISORY BOARD WORKPLAN FOR FISCAL YEAR 1999/2000. A) MINUTE ORDER ACTION. H Page -4- 5. CONSIDERATION OF CONTRACT GRANT AGREEMENT AND COMMUNITY SERVICES GRANT PROCESS. A) MINUTE ORDER ACTION. STUDY SESSION DISCUSSION REGARDING INVESTMENT ADVISORY BOARD MEMBERSHIP. REPORTS AND INFORMATIONAL ITEMS A. COMMUNITY SERVICES COMMISSION MINUTES OF MAY 10, 1999 B. CULTURAL ARTS COMMISSION MINUTES OF MAY 13, 1999 C. INVESTMENT ADVISORY BOARD MINUTES OF MAY 12, 1999 D. CVAG COMMITTEE REPORTS E. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (PENA) F. C. V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) G. C. V. MOUNTAINS CONSERVANCY (SNIFF) H. DESERT RESORTS REGIONAL AIRPORT AUTHORITY (HENDERSON) I. LEAGUE OF CALIFORNIA CITIES COMMITTEES J. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS BUREAU (HENDERSON) K. PALM SPRINGS DESERT RESORTS AIRLINE SERVICES COMMITTEE (HENDERSON) L. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION M. RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE (HENDERSON) N. RIVERSIDE COUNTY LIBRARY ADVISORY BOARD 0. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (PENA) P. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (PENA) DEPARTMENT REPORTS A. CITY MANAGER 1 . RESPONSES TO PUBLIC COMMENT B. CITY ATTORNEY C. CITY CLERK 1 . REPORT ON UP -COMING EVENTS D. BUILDING AND SAFETY DIRECTOR 1 . UPDATE ON ANIMAL CONTROL E. COMMUNITY DEVELOPMENT DIRECTOR - None F. COMMUNITY SERVICES DIRECTOR - None G. FINANCE DIRECTOR - None H. PUBLIC WORKS DIRECTOR - None I. POLICE CHIEF 1. MONTHLY REPORT J. BATTALION CHIEF Page - 5 - t MAYOR AND COUNCIL MEMBERS' ITEMS RECESS TO REDEVELOPMENT AGENCY MEETING RECESS UNTIL 7:00 P.M. PUBLIC COMMENT This is the time set aside for public comment on any matter not scheduled for a public hearing. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. PRESENTATIONS PUBLIC HEARINGS SETTING OF AND PLACEMENT OF RESIDENTIAL WASTE COLLECTION SERVICE FEES ON THE TAX ROLLS FOR RESIDENTIALLY -DEVELOPED PROPERTY AND SETTING OF COMMERCIAL AND ROLL -OFF WASTE COLLECTION AND SERVICE FEES. A) RESOLUTION ACTION. ADJOURNMENT Page - 6 - DECLARATION OF POSTING I, Saundra L. Juhola, City Clerk of the City of La Quinta, California, do hereby declare that the foregoing agenda for the City Council meeting of July 6, 1999 was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and on the bulletin board at the La Quinta Chamber of Commerce and at Albertson's, 78-630 Highway 1 1 1, on Friday, July 2, 1999. D D: July 2, 1999 SAUNDRA L. JU OLA, City Clerk City of La Quinta, California PUBLIC NOTICE 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 777-7025, 24-hours in advance of the meeting and accommodations will be made. Page -7- F OZ •4 u V S CF'y (p Qu&A Of TNT v� COUNCIL/RDA MEETING DATE: JULY 6, 1999 ITEM TITLE: Demand Register Dated July 6, 1999 RECOMMENDATION BACKGROUND: Premild Warrants 3741 1 - 37420 37421 - 37425 37426 - 374291, 37430 - 37444 Auto Mall 1001 - 1004 j Wire Transfers} P/R 3202 - 3270 } P/R Tax Transfers; Payable Warrants: 37445 - 37599 FISCAL IMPLICATIONS: Demand of Cash - City Approve Demand Register Dated July 6, 1999 d,luhn M. Falconer, Fin nce Director 143,224.01 357.05 31,918.98 4,718.84 294,151.46 29,209.74 83,378.79 23,44027 1,397,103.10 $2,007,502.24 $1,064,250.67 CITY DEMANDS RDA DEMANDS AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING $1,064,250.67 943,251.57 $2,007,502.24 CITY OF LA QUINTA AUTO MALL BANK ACCOUNT TRANSACTIONS 6/14/99 - 6/23/99 CHECK # 6/14/99 1001 STAMKO DEVELOPMENT 1002 VOID 6/22/99 1003 CITY OF LA QUINTA 6/22/99 1004 NICKERSON, DIERCKS & ASSOC. TOTAL WIRE TRANSFERS OUT $282,595A6 -0- $7,704.00 $3,852.00 $294,151.46 2 CITY OF LA QUINTA BANK TRANSACTIONS 6/10/99 - 6/23/99 6/11/99 WIRE TRANSFER - DEFERRED COMP $5,538.49 6/11/99 WIRE TRANSFER - PERS $17,678.33 6/11/99 WIRE TRANSFER - CREDIT UNION $5,992.92 TOTAL WIRE TRANSFERS OUT $29,209.74 m ACCOUNTS PAYABLE - AP5005 Lrir h rctvi 1Ln - --•-- CITY OF LA QUINTA BANK ID: DEF PAGE CHECK NUMBER CHECK DATE VENDOR NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** PAYMENT AMOUNT 37445 06/23/99 &00796 R C R PLUMBING INC 50.00 37446 06/23/99 &00797 R & R SERVICES 25.00 37447 06/23/99 &00798 A & A DESERT PROPERTIES 15.00 37448 06/23/99 &00799 MARY ARCHER 40.00 37449 06/23/99 &00800 BRENDA AVALOS 60.00 37450 06/23/99 &00801 ROBYN BLACKWOOD 60.00 37451 06/23/99 &00802 GRACE DOCIMO 40.00 37452 06/23/99 &00803 LOR GEOTECHNICAL GROUP 35.00 37453 06/23/99 &00804 SERGIO RODRIGUEZ 75.00 37454 06/23/99 &00805 GERALD ROSE 65.00 37455 06/23/99 &00806 NICOLE TORTORIS 35.00 37456 06/23/99 &00807 ACACIA CONSTRUCTION 613.88 37457 06/23/99 &00808 ADVANCED ENGINEERING 150.00 37458 06/23/99 &00809 ARMCORCAPITAL CORP 32.75 37459 06/23/99 &00810 BOSTON WEST 604.00 37460 06/23/99 &00811 WILLIAM BRUNER 45.00 37461 06/23/99 &00812 CENTURY HOMES 1385.29 37462 06/23/99 &00813 DUTCH PARENT NV 1177.25 37463 06/23/99 &00814 NANCY FOX 45.00 37464 06/23/99 &00815 INCO HOMES 5192.97 37465 06/23/99 &00816 CYNTHIA JOHNSON 60.00 37466 06/23/99 &00817 LAKE LA QUINTA 876.00 37467 06/23/99 &00818 LQ GOLF PROPERTIES 677.91 37468 06/23/99 &00819 AUGUSTIN MARTINEZ 136.50 37469 06/23/99 &00820 PARTICIA ROTH 60.00 37470 06/23/99 &00821 STARLIGHT ESTATES 4931.50 37471 06/23/99 &00822 DIANA VAN HALL 15.00 37472 06/23/99 ADT100 ADT SECURITY SVC INC 5138.33 37473 06/23/99 AEP010 AEP 160.00 37474 06/23/99 AME015 AMERICAN PLANNING ASSOC 206.00 37475 06/23/99 AME200 AMERIPRIDE UNIFORM SVCS 95.56 37476 06/23/99 AND050 ANDY'S AUTO REPAIR 576.51 37477 06/23/99 AT0010 A TO Z PARTY RENTALS 402.88 37478 06/23/99 AUT030 AUTOMATED TELECOM 96.87 37479 06/23/99 BAK010 FRED BAKER 201.98 37480 06/23/99 BER007 JEFF BERLINGERS MOBILE 171.00 37481 06/23/99 BES100 BEST BUY CO INC 19024.61 37482 06/23/99 BLU011 BLUEPRINTER 268.69 37483 06/23/99 BRI100 BRINKS INC 265.00 37484 06/23/99 CAD010 �:ADET UNIFORM SUPPLY 292.88 37485 06/23/99 CAR050 CAREER TRACK 129.00 37486 06/23/99 CAR100 CARDINAL PROMOTIONS 33.94 37487 06/23/99 CAT100 CATELLUS RESIDENTIAL 88773.57 37488 06/23/99 COA025 COACHELLA VALLEY ICBO 75.00 37489 06/23/99 COA060 COACHELLA VALLEY MOSQUITO 101766.79 37490 ** AP CHECK RUN VOID ** 37491 06/23/99 COA080 COACHELLA VALLEY WATER 13618.77 0 ACCUUI�'ib Yt,ztitjLt - tit DuuD CITY OF LA QUINTA BANK ID: DEF PAGE 2 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 37492 06/23/99 COA083 COACHELLA VALLEY WATER 290336.08 37493 06/23/99 COM015 COMPUTER U LEARNING CENTR 600.00 37494 06/23/99 COM030 COMSERCO 136.08 37495 06/23/99 COM040 COMMERCIAL LIGHTING IND 805.44 37496 06/23/99 COS050 COSTCO BUSINESS DELIVERY 641.95 37497 06/23/99 COU100 COUNSELING TEAM 2800.00 37498 06/23/99 DAY010 DAY -TIMER 25.58 37499 06/23/99 DEP200 DEPT OF MOTOR VEHICLES 70.00 37500 06/23/99 DES013 DESERT COMMUNITY COLLEGE 90435.97 37501 06/23/99 DESO40 DESERT JANITOR SERVICE 4642.16 37502 06/23/99 DES051 DESERT SANDS UNIFIED SCHL 435378.61 37503 06/23/99 DES060 DESERT SUN PUBLISHING CO 150.39 37504 06/23/99 DES061 DESERT SUN COMMUNITY 2236.00 37505 06/23/99 DES065 DESERT TEMPS INC 2040.00 37506 06/23/99 DOU010 DOUBLE PRINTS 1 HR PHOTO 19.20 37507 06/23/99 EAG100 EAGLE/HOUSEHOLD BANK FSB 548.95 37508 06/23/99 EIS010 EISENHOWER IMMEDIATE CARE 110.00 37509 06/23/99 FRA030 FRANKLIN COVEY 162.59 37510 06/23/99 GAL050 GALL'S INC 677.79 37511 06/23/99 GAR005 GARNER IMPLEMENT CO 286.45 37512 06/23/99 GAS010 GASCARD INC 1777.12 37513 06/23/99 GAT020 GATEWAY BUSINESS 5645.05 37514 06/23/99 GTE010 GTE CALIFORNIA 284.34 37515 06/23/99 GTE020 GTE TELEPHONE OPERATIONS 3057.04 37516 06/23/99 GUM050 BRAD GUMMER 315.00 37517 06/23/99 HER075 RUDY HERNANDEZ DBA FIRE 67.88 37518 06/23/99 HIG010 HIGH TECH IRRIGATION INC 703.30 37519 06/23/99 HIL150 HILTON FARNKOPF & 7079.30 37520 06/23/99 HIN010 HINDERLITER, DE LLAMAS 975.00 37521 06/23/99 HOA010 HUGH HOARD INC 65.00 37522 06/23/99 HOL030 HOLMES & NARVER INC 8029.24 37523 06/23/99 HOM030 HOME DEPOT 565.39 37524 06/23/99 HOM032 HOME DEPOT 906.50 37525 06/23/99 HOP100 NANCY HOPKINS 52.50 37526 ** AP CHECK RUN VOID ** 37527 06/23/99 IMPO10 IMPERIAL IRRIGATION DIST 16900.97 37528 06/23/99 IND010 CITY OF INDIO 47840.00 37529 06/23/99 INF030 INFORMATION RESOURCES 250.00 37530 06/23/99 INL200 INLAND POWER EQUIPMENT CO 747.23 37531 06/23/99 INT040 INTERNATL ASSOC EMERGENCY 125.00 37532 06/23/99 JAS100 JAS PACIFIC 5295.00 37533 06/23/99 KEI010 KEITH COMPANIES 4761.74 37534 06/23/99 KEL010 KELLY SERVICES INC 6175.24 37535 06/23/99 KIN050 KINKO'S 451.34 37536 ** AP CHECK RUN VOID ** 37537 06/23/99 KIN100 KINER/GOODSELL ADVERTISNG 20824.63 37538 06/23/99 KOR050 KORVE ENGINEERING, INC 4605.90 37539 06/23/99 KRI100 BRUCE KRIBBS CONSTRUCTION 2058.00 37540 06/23/99 KSL051 KSL LAND CORPORATION 11413.96 J ACCOUNTS PAYABLL - AP5UU5 n��r rctv�J1tri _ _ CITY OF LA QUINTA BANK ID: DEF PAGE 3 CHECK NUMBER CHECK DATE VENDOR NO. NAME PAYMENT AMOUNT 37541 06/23/99 KUL050 KULI IMAGE INC 347.69 37542 06/23/99 LAQ030 LA QUINTA CAR WASH 83.55 37543 06/23/99 LAQ100 LA QUINTA VOLUNTEER FIRE 267.50 37544 06/23/99 L00010 LOCK SHOP INC 97.30 37545 06/23/99 LRP100 L & R PRECISION CONT INC 100.00 37546 06/23/99 LUB050 LUBE SHOP 51.69 37547 06/23/99 MCD100 PAUL MC DONNELL TREASURER 857.37 37548 06/23/99 MCK010 McKESSON WATER PRODUCTS 148.38 37549 06/23/99 MIN010 MINUTEMAN PRESS 191.80 37550 06/23/99 MUL100 MULTIVISION 531.19 37551 06/23/99 NAT025 NATIONAL NOTARY ASSOCIATI 34.00 37552 06/23/99 NAW010 RON NAWROCKI 1000.00 37553 06/23/99 NEP010 NEPTUNE ELECTRIC 480.00 37554 06/23/99 NEX010 NEXTEL COMMUNICATIONS 1357.27 37555 06/23/99 NIC100 NICKERSON, DIERCKS & ASSC 5832.00 37556 06/23/99 OFF005 OFFICE DEPOT INC 107.74 37557 06/23/99 PER010 RONALD A PERKINS 31.16 37558 06/23/99 PIN050 PINK INC 600.00 37559 06/23/99 PRI020 THE PRINTING PLACE 4430.69 37560 06/23/99 RAD100 RADIOWAVE COMMUNICATIONS 4955.23 37561 06/23/99 RAL050 RALPHS GROCERY CO 72.17 37562 06/23/99 RAS020 RASA - ERIC NELSON 1860.00 37563 06/23/99 RIV080 RIVERSIDE COUNTY HEALTH 4405.00 37564 06/23/99 RIV083 RIV CNTY INFORMATION 160.01 37565 06/23/99 RIV100 RIVERSIDE COUNTY SHERIFFS 3864.00 37566 06/23/99 RIV101 RIV COUNTY SHERIFF/INDIO 1048.70 37567 06/23/99 RIV120 RIV COUNTY SUPERINTENDENT 49201.81 37568 06/23/99 RUT050 RUTAN & TUCKER 4190.00 37569 06/23/99 SAX100 SAXON ENGINEERING SERVICE 4620.00 37570 06/23/99 SEC050 SECURITY LINK/AMERITECH 26.76 37571 06/23/99 SHU050 SHUTTER WISE 256.00 37572 06/23/99 SIE030 SIERRA HIGHWAY SAFETY 3764.40 37573 06/23/99 SIM025 SIMON MOTORS INC 2716.30 37574 06/23/99 SMA010 SMART & FINAL 87.91 37575 06/23/99 SNE100 ROGER SNELLENBERGER ASSOC 200.00 37576 06/23/99 SOCO10 THE SOCO GROUP INC 88.70 37577 06/23/99 SOU007 SOUTHWEST NETWORKS, INC 4072.35 37578 06/23/99 SOU010 SOUTHERN CALIF GAS CO 5.83 37579 06/23/99 STA045 STAN'S AUTO TECH 718.10 37580 06/23/99 STA050 STAPLES 950.82 37581 06/23/99 STE007 ED STEINER 103.86 37582 06/23/99 SUN075 SUNLINE TRANSIT AGENCY 1130.76 37583 06/23/99 SUN080 SUNLINE SERVICES GROUP 1049.89 37584 06/23/99 TDD050 T D DESERT DEVELOPMENT 13395.37 37585 06/23/99 TDD052 T D DESERT DEVELOPMENT 16476.71 37586 06/23/99 TER100 TERRA NOVA PLANNING & 5365.68 37587 06/23/99 TOP010 TOPS'N BARRICADES INC 429.71 37588 06/23/99 TRA020 TRANSAMERICA 490.75 37589 06/23/99 TRIO10 TRI LAKE CONSULTANTS INC 20128.50 6 ACCOUNTS PAYABLE - AP50U5 rl r. �-r\ I\L 171.7. 1i:.:'. CITY OF LA QUINTA BANK ID: DEF PAGE 4 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 37590 06/23/99 TTI100 TTI NATIONAL INC 7.97 37591 06/23/99 USC100 U.S. COMMUNICATIONS 177.46 37592 06/23/99 USO100 US OFFICE PRODUCTS 422.12 37593 06/23/99 USPO10 U S POSTMASTER 100.00 37594 06/23/99 VAL020 VALLEY PLUMBING 414.62 37595 06/23/99 VIP100 V I PEOPLE INC 1106.45 37596 06/23/99 VON010 VON'S C/O SAFEWAY INC 201.74 37597 06/23/99 WIL050 BRITT W WILSON 188.41 37598 06/23/99 WIN010 WINSTON TIRES 785.49 37599 06/23/99 XER010 XEROX CORPORATION 438.85 CHECK TOTAL 1,397,103.10 7 0 z m a� N x o W H E 4 m H F F F F F F F F E H F r n O O O O O O O O O O O m y O O O O O O O O O O O m F O o o u1 to ID O W tea', 0 o 0 0 o o 0 o o o o 0 0 0 0 0 0 0 0 0 0 0 o a in m O o o > > ID > ul O o o o w w w u u u a ul t u vl v� ❑ a a a a u m a n a z m m m a a a a m E Oo w cc maa 6 u H U z W z El W El W El Elw El W �+ El Z FpFpF� E EFp� p� p� p� off U E O E O H O F z E. a F O O F pN QU E a a m a m a m a u x ❑ a ❑ a c a m a a a O a W > a ❑ Q o Q ❑ S o S ❑ Q ❑ S ❑ 0 o A A o 0 8 4 8 ❑ z w> w w 2 ❑ a a z a a w w u w o ❑ a o W m zZ H ❑ .-i O in N O o tD �D m m rn d' N x a z w a m w m a o0 w H m o o o o o o O O ul O ID O w o 0 o 0 0 o o 0 o o o 0 0 0 o 0 v o o �n e o o z rt � rt Ut O o O O O o o o O O o O o O O o o o O 0 o o O O o 0 0 0 0 0 0 0 o o o o o o u m w D. 0 a ❑a w m (E z w m g a a m m a a z w w H a u) x > t U w O O O O z a w w u 1 a O a a F u D U >+ rn r o) r D\ r D` o m 0 m o m o m O m o m o m o m U F U o o o o o o O O o o o o O O o o o O o O o O O O w� O m m H z N N 0 W q a a n .x H m N H fJ O E+ N F N E+ N 0 H N O E+ N ID F+ N I E+ N F N ID H N ID H N 1 H N F a w o CJ to in fJ r1 O d' O o u1 V' N n r O O lO O O � Q1 n rn O if1 V' m o n N rn o O l0 r O �D n o 0 n r m m rt a w o O O v, �n r a N w •, a m o O o 0 O a a w a m a w N a m m N O r r a m 01 N o�+ O O a 10 m O 'D m a a)a o w a w a w w w a w w w w w a� w a w a w U U E-1 U U] U U U U El V7 U U U u a c a o a s 0 a Cr 0 w a ad 0 a a 0 w a m w 0 a a 0 0 a s ❑ 0 a a 0 s a > a z u - U w ❑ z W > o 7 w> ❑ z W ❑ ❑ z z 5 W w> o 7 w> ❑ ❑ z z W 7 w> ❑ ❑ z z W O w ❑ z O w ❑ z� w> ❑ ❑ z z W n [u ❑ o ❑ z 5 z z 11 W > ❑ z } ❑ ❑ z z w 7 ❑ ❑ z W z ❑ z� w w ❑ w w w w w w w w w c a a C O > H [L w N a N a C o n N ID u W r ❑ x a z w ti m w a a C0 W F a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 w m o 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7- -� 0 0 0 0 0 0 o 0 0 O 0 0 0 0 0 0 0 0 O 0 0 O 0 0 O 0 0 O 0 0 0 0 0 O 0 0 O 0 0 0 rL o U Z a w z z 7 H H z m z z 0 N F0 F � m W ri E+ z o w H as z w o a a U)z a 5 �� z a K ° w o a a a a w a 0 r o a G o zW u z >>q rz o O z o vHi w a 3 a z u a z u a z u F a z z a 00 v a a U) z O a •--� N .-� 00 �. 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'-. v D` t0 r m O Q� m m Ot O+ m m D\ r O N O N O 0 O N f�l Ifl !�1 m 1f1 m Q, a a w w m a O0 w F a o o 0 0 o 0 o N o 0 0 0 0 o r W O .n O O O vt ID O O O O O O O O O O O O O O N N m m i O Z 0 O O O O O O 0 .D .'1 N 0 O 0 O O 0 O O O O .11 O 0 O 0 w m O 0 O O 0 0 H Z iD t0 N �D O t0 O iD �O N 1D ID r N r N r r r r 10 lD lD V ID V r V' 1p l0 •'1 U 10 +D 1 `P U ti U Z U 2 U Z U Z U Z CDa ZFy ZEy 6 yHy 4 ZFy ¢ ZHy 6 m O F F F El F• F o F E H F F U F U ❑ U ❑ U ❑ U ❑ U ❑ U ❑ a z z z u u a u m Z o m Z 0 m Z 0 m Z 0 m Z 0 �a U z z O a a O a a O a a O a a O a a O a W El In Z Z a w H a u u u v v z o w w w w w w a a a a s m 1-10 u u u u u u a a a 0 0 a n a ¢ z u w w w w w w w w w w w W o a w w w a s wH a a o U) o 0 0 0 0 o m m Z El H F F H F E O o o = o O = _ > > > > > O 0 0 0 0 O 0 0 0 0 0 0 O O O O O o O O 0 5 O >+ U F u N o as O a O s O cI O a O ra O ~ E+ O U m O O m O O m O O m O O m O O m O O m O a m O >Q O >Q O >a O O a H a U F F E F F F F q O = = O O O = > > > > > °� 33 W: N n } u1 l0 r m O O •+ N i(1 O� O� N O N 0 G d O W H N N N N N N N N N N N U' E a a m ID F H tO F 10 H 10 H t0 E ID E l0 E ID H ID H tO H �D H w a e r �fl d N 01 m 10 ifl d Z Z F w `a o w o m m ~ w O O M a w w w a z ¢ as Epa+ w ° pa F O pa E u° S H E vv�� a F O w a x m a F in a x a s ja o ow o a z � w a a a w ww wg w w w w > o a a > >o ❑ a H a s H a O cn w w w m m a m F E H E. E U u w ❑ [L rn � m o i0 m �D r r-i e io O > > W n n u v Z Z ,E r r r N N N N m H ❑ N 01 Q1 01 N m -.-1 m ❑ �n �n �, 0 m 0 m 0 m 0 ID0 0 z a a a m w m 0 OO w H a o 0 0 o N o rn o+ rn m m e W fs1 O COO O O O O N m O O d e e d d O ID E O 10 0` Z O r O r O r •P 'o d �o O r ID io ID �D ID O �o H Z O fV O N O N O N O O N O O O O O O ift U U U U U z z z [asy O O O RC a a U) U) M a a a cC tz a cG O W P O 00 3 3 3 H F H F Ea a m u u u 3 3 3 z z z z z Ou a a �� If) El E ElH o x a s o z z z zz >>> w am w 3 3 3 3 3 SC F w z O > o 0 0 0 0 0 0 0 0 0 0 0 O a� 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U rF1 O O Orai rzi Z iZ+ rzi iZi CC a G > > > 3 3 3 3 3 3 3 3 X 27 ACCOUNTS PAYABLE - AP5 U U 5 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 37430 06/18/99 ABE001 JAQUES ABELS 150.00 37431 06/18/99 ARC050 ARCHAEOLOGICAL ADVISORY 50.00 37432 06/18/99 BAN020 BANG & BASH 2515.96 37433 06/18/99 BOB100 BILL BOBBITT 50.00 37434 06/18/99 BUI040 BUILDING INDUSTRY ASSOC 120.00 37435 06/18/99 BUT010 RICHARD BUTLER 75.00 37436 06/18/99 IRWO20 BARBARA IRWIN 50.00 37437 06/18/99 KIR010 TOM KIRK 150.00 37438 06/18/99 LIN050 JAMES LINDSEY 106.88 37439 06/18/99 LUD050 ULRICH LUDWIG 1001.00 37440 06/18/99 PUE050 MARIA L PUENTE 50.00 37441 06/18/99 ROB150 STEVE ROBBINS 150.00 37442 06/18/99 TYL050 ROBERT T TYLER 150.00 37443 06/18/99 VOS050 JUDY VOSSLER 50.00 37444 06/18/99 WRI050 ROBERT S WRIGHT 50.00 CHECK TOTAL 4,718.84 01 RO Z m H m N - d - l0 O H r m m O W E ¢ a a d d F F F F F F F F F F F H F H F F W F i a F z 5 O 0 o o 0 o o o m rn o m o o 0 0 0 0 d 0 0 0 0 N 0 0 0 N 0 0 0 0 0 0 0 0 0 0 0 0 o o 0 o m m H m o o O O 0 0 �[t o z W 0 .1 ❑ z izJ o w rn V W ❑ 2 o o ui 0 o �� 0 rn r O E W 0 o ZOy H o o m N o o O H a>a W w o pHo ff t Z, pHO ca=+. Ei w pEO H ZU, ¢ pFO z H w z w z w Z w z w F o El f W a FOO H pFO F pEO F u0 0lz El a F .7 u z F a U z 8 z F H S w 7. O S z F x u S z a x u a x u «7 x u «7 x u «7 8 z z, 8 z a a O 8 z 8 z �S 8 z 5 PG a 8 z O n w ❑ z ¢ a w > x u m w > s w w > x u m W > ¢ ¢ a a H ¢ H w z > w > m H w > W .a H F x z H � m H r� w w w LL ¢ Z ¢ m m m m m CL x W H x r� �� ❑ [� H c w m m rn N a rn N ir, m m >+ m m N rn rn N m m �+ m rn N ¢ z a. ¢ m w m a o o w F a W O O O O O O O O O O O O O O 0 O O O O O O O O O O O N O) O O m O rn O O 0 o O 0 O r O r � O r O r O r n O rn o O rn 0 O m o O d rn 0 O m O Z F z u� u� in m d in 1D N l0 �O tD 1p vi in rn � io i0 � U U ¢ o 0 0 0 0 0 0H 10 0 0 0 H 0 0 H 0 0 a o 0 m 0 m 0 m 0 m 0 m o 2 vl a > ❑ H s aar j q z >aa. O A z �a+ O q Z ara O A Z ara, O A Z W H z 3 W U] H 3 z W w F a z a W m ¢ C� o a 0 `, U] ¢ m H m m o m H " a H z H H M H H H z H m a xd q z a x a a a a a¢ a o w oCD a z ❑❑ q❑❑ 5 x m v ¢ W 0 0 0 0 0 0 0 0 0 0 V O �+ U H u ¢ u O O w m ¢ O U a a, N OZ ¢ m O O m d O 7 m d O 5 m d O 0 m d O 0 m d 0 0 m O N O a34 0 CD CD .z, 0 0 O 2G ,.i l' p H z T m rL a 0 0 0 � p N � � w d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 in ui Z in Z � F F a a E � wUlw z N i H H w F a F w oU a a a a u u J a o z o 0 H p❑ � 0 0 ❑ a o H U Z Z 7 Z z O Z O Z�W F+ w [. U W �c z a ¢ w w w r� 0 U w H o 0 0 0 14 w ID0 0 0 rn rn z o 0 0 0 0 0 7 Z � p o r v c 0 v r� ¢ O O O O n vi H a 5 z a a r w a m H a 3 W E 7 R7 O H cq 0 to m G W Y > H > fZ 2 a J w r w W ¢ O W ❑ a H o 0 a 0 0 h rz 2 O 5 > o 0 0 0 C) 0 O o 0 0 U H CA a 0 Ha 2 U a F >O 3 ¢ W m 30 ACCOUNTS PAYABLE - AP5 U U 5 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 37426 06/16/99 DEM150 LOUIS DE MARTINO 29800.00 37427 06/16/99 LAQ040 LA QUINTA CHAMBER COMMERC 400.00 37428 06/16/99 LAQ051 LA QUINTA CLIFFHOUSE 1465.61 37429 06/16/99 WEL025 WELLS FARGO BANKCARD 253.37 CHECK TOTAL 31,918.98 v 3' 1 O z ~ 5 a a r Z H 0 0 o o po rn v o rn a a � m 0 o m w w o c) o o z o z z o ^ m ry a a N z H F z o H u El d d E � Ed+ G F O W w H z u F z z z O a n w `l an. 0 z O C� [� O U a w o z.7 a z F+ z o o w w a •=-a > Q > 2 [Fa] w w 0 O o a o 0 w rn rn rn 10 .a 7 N ry v o ry v o x d a Z d m w w a o0 w O O O O m o 0 Z O O 0 ip .p n n 10 10 n .O F z �' a y 10 - N - O � � U W O w a a = U U C W u 14 O z z Q w 4 C d m m d m u u o 0 0 d d d a s co a o' a 0 0 as a µa 0 o > 0 0 N N N o O a aW wQ o a 4 3 W WaW 3 6 c�i 1. 32 ACCOUNTS PAYABLE - AP5005 Ctir;t-:ri Rr.".Lsl,Lk CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 37421 06/14/99 DES005 DESERT BEAUTIFUL 10.00 37422 06/14/99 G00100 GOOD STUFF PIZZA 46.55 37423 06/14/99 HOR100 DODIE HORVITZ 50.00 37424 06/14/99 PAL050 CITY OF PALM SPRINGS 30.00 37425 06/14/99 SZE100 SHARON SZESNY 220.50 CHECK TOTAL 357.05 33 z o w F F f S 6 m H F WFW H F F m 0 o ui o 0 0 o ID o 0 0 N a � w O n O O O O n O O 1: O t0 El O (n O O •� d' a O lfl ? r'1 N N co ❑ 5 z 0 a w a h l cn u z w w� D m~ as z z yy0U' W OH x F U O� F U Oa F F Oa F Oa P\4ao F E' F a a a a W f.Z E 04 a z u o ° a S un S H lUll El z >+ W W i�i W un H W W W > H > Vl > El > rn � ❑ w z w w V W o a o > > w m z z E o 0 z ❑ a z a a w w w a O0 w H O O O O N w O O O O O O O O O ui O r r r m z n N n o z o r O O o O O O O N n N U U 1 0 0 0 0 0 In z 0 N N 4 rw a N F z 14 w H w a 04 N t) o w o z 0 a ❑ w o � w z �,7 ❑ c� ❑ u � O r o 0 u H m p a a w 6 34 ACC;UUN1'b YAYhbijL - fteDUUS CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 37411 06/11/99 ANC050 ANCHOVIES 37412 06/11/99 CAL040 CALIFORNIA VISION SERVICE 37413 06/11/99 CAL050 STATE OF CALIFORNIA 37414 06/11/99 CAL065 CALIF JOINT POWERS INS 37415 06/11/99 LAQ050 LA QUINTA CITY EMPLOYEES 37416 06/11/99 PRI050 PRINCIPAL MUTUAL 37417 06/11/99 RIV040 RIV CNTY DISTRICT ATTORNY 37418 06/11/99 SOU004 SOUTH COAST AIR QUALITY 37419 06/11/99 SUP100 SUPPORT PAYMENT CLEARING- 37420 06/11/99 UNIO05 UNITED WAY OF THE DESERT CHECK TOTAL 113.40 1134.00 25.00 97937.00 308.00 42799.51 426.50 175.60 150.00 155.00 143,224.01 35 m m F 2 lD o w U H C9 {{E.77 m m m cy)m C7 �E�.77 U' µµf77 m m m m m m m o+ C9 E m m F m m F aE F H F F H E+ E H a O Z F O O O O O o O � O m r N O ,D O O O O O O v �+ o n O a H 'o O ir; N x W W a r 5 „1 ❑ m m O rn ❑ m n > N w ui a n O .+ m O ,n E d Epo a Hpo w u' Hpp W w c� pHp H roil pHp H pHp F m �a+ w U H F z h pp H pp F O pFp F �• pHp H E U °a H n, El w a 0 z - a + oz a a U N a v oz a H Utz z a N oz a o N a N z oz a N N a o8 0z > m z z z> a> z> a> a ❑ w w> o m n w w w m H D w c� 3 a S❑ a a a q wo a -fir o i a o i z w W r rn r o 0 r 0 0 m o W m z � m z r a z a m m w m a: 0 H x w o 0 0 o 0 0 o o 0 o 0 0 o o 0 o 0 0 o o 0 o 0 0 o o 0 o 0 0 o 0 0 o o 0 m Z lo ,•1 N N N N N o O O O O O O O O N O O O O O O V n O O O O O o O o o O o O O O O N O O ¢ o 0 0 0 0 0 0 0 0 0 0 0 w N N z a u) z ul[w z !. po F 4 ,Hi �a .aC Wwn In o 0 Z 0 Z a a Lay £ W �a El ❑Y U W W L H 0 w O a o s i• fZ a H z HH U H H u f ❑ H� o W E Z � U1 H o izi O iZi O W a t OU W 3 r C' O fL' w w w Z U u U 5 p O_ ❑W a z az vH u u a w a m o D v w 0 W > o o o v v o o 0 o v o u o a u F o z I o - o ,D o ID o 0 u'1 0 ,n 0 rz R 0 O 0 O o 0 z a 1 u u u u a a w a In 4� .� A/P - AP6002 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME INVOICE DESCRIPTION 37431 DEF 05/31/99 50.00 ARC050 ARCHAEOLOGICAL ADVISORY ARCHITECT/LANDSCAPING DES CO TOTAL VOIDED 50.00 A/P - AP6002 CITY OF LA QUINTA BANK ID: DEF PAGE CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME 37327 DEF 06/08/99 260.00 HEN050 TERRY HENDERSON TOTAL VOIDED 260.00 INVOICE DESCRIPTION TRAVEL ADVANCE/LCC POLICY CO 14 T4ty,, 4 4a Qum& COUNCIL/RDA MEETING DATE: ITEM TITLE: July 6, 1999 Denial of Claim for Damages Filed by P. J. Sheridan, Date of Loss April 27, 1999 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Deny the Claim for Damages filed by P. J. Sheridan, date of loss April 27, 1999. FISCAL IMPLICATIONS: None CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: The attached claim (Attachment #1) filed by P. J. Sheridan, date of loss April 27, 1999 was forwarded to Carl Warren & Co. As indicated in Attachment #2, Carl Warren & Co. recommends that the City Council deny the claim. FINDINGS & ALTERNATIVES: The alternatives available to the City Council include: 1 . Deny the claim filed by P. J. Sheridan as recommended by Carl Warren & Co.; or 2. Accept the cl im filed by P. J. Sheridan. 6 Voh� n M. .Falc ner Finance Director 4 1, Attachments: Approved for Submission by: Thomas P. Genovese City Manager P. J. Sheridan Claim Letter from Carl Warren & Co 1 4 FILE WITH: Q-- W-� CITY CLERK'S OFFICE P.O. _BOX I50-4 LA QDINTA, CAL. 92253 CLAIM FOR DAMAGE TO PERSON OR PROPERTI ATTACHMENT NO. 1 INSTRUCTIONS 1. Claims for death, injury to person or to personal property must be filed not later than six months after the occurrence. (Gov. Code Sea 911.2.) 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. Code Sec. 911.2.) 3. Read entire claim form before filing. 4. See page 2 for diagram upon which to locate place of accident. 5. This claim form must be signed on page 2 at bottom. 6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET. TO: [Name of City] Date of Birth of Claimant City Of La Quinta 7-2-58 Name of Claimant Occupation of Claimant P.J. Sheridan Medical Home Address of Claimant City and State Home Telephone Number 44585 Blazing Star Trail La Ouinta Business Address of Claimant City and State Business Telephone Number Same Give address and telephone number to which you desire notices or communications to be sent Claimant's Social Security No. regarding this claim: Saar 549-43-1789 When did DAMAGE or INJURY occur? Names of any city employees involved in INJURY or DAMAGE Date April 27, 1999Time 2300hrs NONE If claim is for Equitable Indemnity, give date claimant served with the complaint: Date Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet. Where appropriate, give street names and address and measurements from landmarks: On Dune Palms Road approximatzl, 50 feet north of Miles Avenue in the southbound Lane. Describe in detail how the DAMAGE or INJURY occurred. Construction debris left on the roadway, was traveling southbound on dune palms when I struck debris left by earthmover was strewn across the road. I ran over the debris which damaged the front end of the car. Debris not marked off by barricades. Why do you claim the city is responsible? City and Developers should have taken reasonable safety treasures to ensure the roadway was cleared or barricaded off. Describe in detail each INJURY or DAMAGE No Injuries. The d2mage is confined to the front end of the car and engine compartment. SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE 09 "i FORM #1 (BACK) The amount claimed, as of the date of presentation of this claim, is computed as follows: Damages incurred to date (exact): Estimated prospective damages as far as known: Damage to property ......................... $ Expenses for medical and hospital care ......... $ Loss of earnings ............................ $ Special damages for ........................ $ Future expenses for medical and hospital care .... $ Future loss of earnings ....................... S Other prospective special damages ............ S Prospective general damages ................. S Total estimate prospective damages .......... $ General damages ...........................$ Total damages incurred to date .............. $ Total amount claimed as of date of presentation of this claim: $l-�/�R�� (icy,, rr Was damage and/or injury ryinvestigated by police? ALIf so, what city?— Were paramedics or ambulance called? AY" If so, name city or ambulance If injured, state date, time, name and address of doctor of your first visit 5 WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name Address Phone Name Address Phone Name Address DOCTORS and HOSPITALS: Hospital Address Doctor Address Doctor Address Phone Date Hospitalized Date of Treatment Date of Treatment READ CAREFULLY For all accident claims place on following diagram names of streets, or your vehicle when you first saw City vehicle; location of City vehicle including North, East, South, and West; indicate place of accident by at time of accident by 'A-1" and location of yourself or your vehicle at "X" and by showing house numbers or distances to street corners. the time of the accident by "B-1" and the point of impact by "X" If City Vehicle was involved, designate by letter 'A" location of City NOTE: If diagrams below do not fit the situation, attach hereto a proper Vehicle when you first saw it, and by "B" location of yourself diagram signed by claimant. CURB / S N SIDEWALK iN I V -4 a(lEA%(,/ E SIDEWALK DE6/U 5 G0►yTie-orL :rIn N '4/Mik Z S q CURB Signature of Claimant or person fifing on Typed Name: Date: his behalf giving relationship to Claimant: A NOTE: CLAIMS MU BE FILED WITH CITY CLERK (Gov. Code Sec. 915a). Presentation of a false claim is a felony (Pen. Code Sec 72.) ATTACHMENT NO. 2 June 7, 1999 RECEIVEr Jun 0 91999 TO: City of La Quinta ATTENTION: Pamela LiCalsi, Senior Management Assistant RE: Claim Sheridan v. City of La Quinta Claimant P. J. Sheridan D/Event 27-Apr-99 Rec'd Y/Office 03-Jun-99 Our File S-101001-DBK We have reviewed the above captioned claim and request that you take the action indicated below: • CLAIM REJECTION: Send a standard rejection letter to the claimant. Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. Very truly yours, CARL WARREN & COMPANY C Dwight J. Kunz cc: CJPIA w/enc. Attn.: Executive Director C A R L WARREN & CO. CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 750 The City Drive - Ste 400. Orange, CA 92868 Mail: P.O. Box 25180 - Santa Ana, Ca 927995180 Phone: (714) 740-7999 - (800) 572-6900 - Fax: (714) 740-9412 T4'!t 4 4a Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCILIRDA MEETING DATE: July 6, 1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Adoption of a Resolution of the City Council of the City PUBLIC HEARING: of La Quinta, California Approving the Urban and Community Forestry Grant Program Funded by Annual _ State Appropriations from the California Forest Resource Improvement Fund through the Trees for the Millennium Initiative for the Following Project: "City-wide Tree Planting," Tree Planting in Various Areas RECOMMENDATION: Adopt a Resolution of the City Council of the City of La Quinta, California approving the Urban and Community Forestry Grant Program funded by annual state appropriations from the California Forest Resource Improvement Fund through the Trees for the Millennium Initiative for the following project: "City-wide Tree Planting," tree planting in various areas. FISCAL IMPLICATIONS: The proposed project is anticipated to cost approximately $16,000. The City will contribute an in -kind match of approximately $5,000 resulting in grant funding in the amount of $11,000. CHARTER CITY IMPLICATIONS: If the Public Works Department contracts out the labor for this project, the City may not be required to pay prevailing wages, thereby realizing a potential cost savings relative to labor costs. BACKGROUND AND OVERVIEW: In May 1998, the City Council unanimously approved a grant application for a City- wide tree planting project to be submitted under the Proposition 70, Urban Forestry Grant Program. The proposed project called for the planting of 166 trees in the following areas: Fritz B. Burns Park, Adams Park, Eisenhower Park, along the Bear Creek Channel Bikepath, at the Civic Center Campus, and in various landscape medians throughout the City. The grant program only covers the cost of the trees; the Public Works Department has indicated that it will supply all labor, irrigation, and other costs associated with the tree planting la copy of the grant application is available for viewing in the City Clerk's Office). The City was notified in August 1998, that due to State budgetary problems, the City's grant request could not be funded. In June 1999, the City received notification from the State that the City's grant request was going to be funded under a program called Trees for the Millennium. To receive funding, the State does require that the attached resolution be adopted and submitted to the State. Following receipt of the Resolution, the State will send the City a contract to implement the grant. The City has until August 2001 to complete the project. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council approving the Urban and Community Forestry Grant Program funded by annual state appropriations from the California Forest Resource Improvement Fund through the Trees for the Millennium Initiative for the following project: "City-wide Tree Planting," tree planting in various areas; or 2. Do not adopt the Resolution approving the application; or 3. Provide alternative direction to staff. Respectfully submitted, Britt W. Wilson, Management Analyst City Manager's Office Approved for submission by: i Y Thomas P. Genovese, City Manager �;-\My Data\WPO—NO TV C0UNCIL\CCSTFFTREEGR.ANT07-06 99 wpd RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA APPROVING THE URBAN AND COMMUNITY FORESTRY GRANT PROGRAM FUNDED BY ANNUAL STATE APPROPRIATIONS FROM THE CALIFORNIA FOREST RESOURCE IMPROVEMENT FUND THROUGH THE Trees for the Millennium Initiative FOR THE FOLLOWING PROJECT - "CITY -WIDE TREE PLANTING" TREE PLANTING IN VARIOUS AREAS WHEREAS, the Governor in concurrence with the State Legislature has appropriated specific funding to provide funds to the State of California and its political subdivisions for urban forestry programs; and WHEREAS, the State Department of Forestry and Fire Protection has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing application by local agencies and non-profit organizations under the program, and WHEREAS, said procedures established by the State Department of Forestry and Fire Protection require the applicant to certify by resolution the approval of the application before submission of said application to the State; and WHEREAS, the applicant will enter into an agreement with the State of California to carry out a tree planting project; NOW, THEREFORE„ BE IT RESOLVED that the City Council of the City of La Quinta hereby: 1. Approves the filing of an application for the Urban & Community Forestry Grant Program, as funded through the Trees for the Millennium state grant assistance for the above project; and 2. Certifies that it has or will have sufficient funds to operate and maintain the project; and 3. Certifies that funds under the jurisdiction of the City of La Quinta are available to begin the projects and 4. Certifies that it will expend the grant funds prior to January 31, 2001; and 5. Appoints the City Manager, or his designee, as agent of the City of La Quinta to conduct all negotiations, execute and submit all documents, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. PASSED, APPROVED and ADOPTED THIS 6T" day of July 1999 by the following vote: AYES: NOES: ABSENT-. ABSTAIN: ATTEST: JOHN J. PENA, Mayor City of La Quinta, California SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California C \MyData\WPDocs\RESOLUTIONS\RESOTREESMILLENNIUMGRANT07-06-99.wpd T4ht 4 46 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 6, 1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Authorization for Overnight Travel for the Assistant PUBLIC HEARING: City Manager and Community Services Director to attend the League of California Cities Community Services & Economic Development Conference in Monterey, California, August 4-6, 1999 RECOMMENDATION: Approve authorization for overnight travel for the Assistant City Manager and Community Services Director to attend the League of California Cities Community Services & Economic Development Conference in Monterey, California, August 4-6, 1999. FISCAL IMPLICATIONS: The costs associated with conference attendance include: Registration $550.00 Meals $300.00 Transportation $ 550.00 Hotel $300.00 TOTAL: $1 ,700.00 Funds for this conference are available in the following accounts: • City Manager's Office (Travel, Training & Meetings; Account No. 101-103-637- 000) • Community Services Department (Travel, Training & Meetings; Account No. 101-251-637-000) CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The League of California Cities is offering a Community Services & Economic Development Conference in Monterey, California, August 4-6, 1999 (Attachment 1 .) This event will focus on building and maintaining liveable communities, as well as the value of art in the community, and various economic development issues. r - j . C:\MyData\WPDocs\CITY COUNCIL\CCSTFFECONCONFERENCEMONTEREY07-06-99.wpd FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the Assistant City Manager and Community Services Director to attend the League of California Cities Community Services & Economic Development Conference in Monterey, California, August 4-6, 1999; or 2. Do not approve overnight travel for the Assistant City Manager and Community Services Director to attend the League of California Cities Community Services & Economic Development Conference; or 3. Provide staff with alternative direction. Respectfully submitted, q Dodie Horvitz, Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. League of California Cities Community Services & Economic Development Conference Information C:\MyData\WPDocs\CITY COUNCIL\CCSTFFECONCONFERENCEMONTEREY07-06-99.wpd U L O U Qi E CL O 1. Wednesday, August 4 Noon 5:00 p.m. W Registration Open 2:00 3:30 p.m Opening General Session hlobilixing a Community's Assets ff.5 core credits John McKnight, Co-author of " Building Communities From the Inside Out," speaks on how cities can mobilize local assets through the Asset - Based Community Development (ABCD) model. Hear how California communities can benefit from what has been learned nationwide. Ilk J Concurrent Sessions L The Library of the Future (CS) Learn how books and technology fit into the library of the future and why they can be the cultural center i and a focal point in an economically strong downtown area. 11. The "Nora To" of an Asset -Based Community Development (LC) q.5 core credits Join John McKnight in this informal workshop discussion and learn how to mobilize the assets in your community, and your responsibility as a public servant. Ill. Dispute Resolution Techniques (PD) � .5 core credit, T Explore how dispute resolution can help strengthen Comm u ritie� s and cleal with potentially contentious situations. IV. Economic Development 101 (ED) K.5 elective credits s Explore how elected officials and staff can work together to boost a strong economic development program in your city. 5:15-6:15p.m. Hosted Reception Evening Free Thursday,, 7:30 a.m. - 5:00 p.m. Registration Open 8:00 a.m. - 9:15 a.m. Breakfast Briefings Ilomework Centers: .f Public Lit and Recreation Centers (CS) , Resources for Grant Money (CS) ATTACHMENT 1 Tracking Tax Economic Development (ED) KEconomic Development for Small Citics (ED) T .5 elective credits f 1 Downtown Revitalization: T Local Success Stories (ED) .5 elective crcdik KThe Infrastructure for ECOnomlc Dcvel,�pmcnt (ED) T .5 elective credits K WOCk Force Preparation: Wlwt's Nceded for T Economic Development (ED) .5 elective credit, 9:30 - 10:45 a.m. General Session (CS) 9.5 core credits T Building and Identifying Community Problem Solvers Henry Moore will build upon John McKni,-ht' discussion on the Asset -Based Conimunitv Development (ABCD) model and share his experiences on how ABCD worked in Savannah, 6eo12ia. 4 41:00 a.m. - 12:30 p.m. Concurrent Sessions L Collaborating to Serre Our Youth (CS) In collaboration ss ith the City County Schools Partnership (CCS ), this session w ill look .0 successful examples to integrate children', services in your communities without runnin1z into turf issues. tI. Workshop Guide to Mappiug Local Assets (LC) core credits s Henry Moore will teach you how to `et citizens engaged: how to transform governinent and gos ernttr mt man ,I er; froirr lord; to ti r ant and Let gooerrnment working for the 1 c o plc: anti how ;o use ABCD as an economic deyelopment tool. III. Cultural Tourism Does }Our city have a unique cultural history' hear how a fascinating past can be turned into a tourist attraction. It: Using the Economic Development Strateav to Shape the Community General Plan (ED) A showcase: of communities that h.ne used ;u, economic development str.ttcgy <<s the dl k ink_ 101ee. or framework for the community L�eneral pl.tn. 12:30 - 2:00 p.m. General Luncheon Session Oldest or )ipungest- understanding the Birth Order This entertaining and relevant prescntation will tcacl YOU how your place in the fumils inlluenres how you act and think, and how you can to that re.rlity. (ED) indicates Economic Dev,dopnucnt track sessions (CS) indicates Community Service>track eessions (LC) indicates Livable Communities track .sessions (PD) indicates Professional Development crack ses�iuirs i a �,...� .,... w a. N Q) Q� L i a) E 0. O Q.� a.i U .E Q 06 Pao U (n 0POO E 0 U 2:15 - 3:45 p.m. Concurrent Sessions 61. is a Local Arts Agency Right for tour City? (CS) Lc.un ho',v the arts can iIle ICWC the Culttnal richness x)(I economic v itnllty of ,t city. Bx,ry Hes,enius. Califl,rnla:A,;enil�l� otLucalAll, Lo.:iicw,. prc�� ides �I " to�l)l Ivlt" It)] clnc, Io help tr.uulatc their All nCr(, into) an ccunonIIC hoop. 11. Collaborating to Serve Hard -to -Reach Conrmrnnities (LC) Explore w�lv, to work with Countics, school;. non- prufit I�r_aniz.rtion,. churches. neighborhood groups anal the hu,ine,s comnulnit_ Io ,ervc hard -to -reach -tInntunitics in your city. III. Economic Collaboration K .� elective credits T Inrrcased fiscal IC,Iralnt, htt\c shown the need forlocal L tuCrnnunts tt, "m conomiC dr�elopntrnt I ILIC,. Learn I!WA i() li \ Cr<tcr the rc,uur,c, rI IUCaI P� I cllclC, to ll�';II wIlh h�!IICm:c,. M Achieving Economic I itality on Main Street (ED) n .> elective crcdit> T I ,Corn hoc, thr successful "Main Street nu�del used n other rIIICs can he adapted for vour :it}. 4:00 - 5:15 p.m. Concurrent Sessions L Innovative Muth Programs (CS) Hear the Helm puuutm Award for I:accllcnce cyiuners in the 1"oath Dcyelopment Cal 11. Creating Livable Communities in the 21st Century (sponsored by CPRS) (LC) Learn holy the Caalifornia park and recreation in�fcs,i�ul I, crcatinL rominunih throuL'h people. ��uk, and pru�rtnt,. Idcnlify Uends that �ri(I ,h�tpc �cr\ic_ dclIvcn in the 2iul Ccnl and lc.un tools .Ind ,tultc�ics you can ux inuncdialcly. III. Building Community Support for tour Economic Development or Community Services Prograin 1T .� elective credit, T I:\hlorc• .teps to achicyc collilil y invok ement ,unl ,uppurt for yiutl pi ogruns and service,. ll: Economic Development, The Internet, and the Future of Sales Ta.x (ED) Inte] �u-e takine sales taxes rt�nl ,�,ur cite. Learn hov to, protect your ,,des tat ha,r. and tyhut ecru can do to deal with the char<ain�, eC UIU�nIIC scenC. 5:15 p.m. Evening Free 8:00 a.m. - 12:00 noon Registration Open 8:00 a.m. - 8:30 a.m. Continental Breakfast 8:30 - 10:00 a.m. General Session 6.5 core creclIts T Hove to Arrire at Common Results for Planning for Children and Family (sponsored by CC.S' Partnership) �1ark I rcdntan_ n'nt the I'iscal pollc\ In,tlWle, will di,cu„ :� model on ht�� j��int planning r�ui chan(-'c the condition and +IuIlity cif lire for Children. families 01 communitle,- 10:15 - 11:45 a.m. Concurrent Sessions I. So You {pant to Start a Street Festival? (CS) Hear ino-1w"l Ill explain limo. \oxl can create. luomote_ and idcil lv a successful street fc,ti�al. 11. The "Hone To" of ifesults-Based Planning (LC) cure crcdit� T In this h.uul,-ou ,c„tun. Mark iI ICdnl�llt will take you step-h�-,rep thluu,�h the results -based accountability nuxiel. Learn t.ul��ihlr real-�corld skill,' 111. Sports Frstertainme nt as all Economic Iles elopment Tool \tlrticui�n sl�ull, .caln, clnd ,Is>�,ci�ucd hu,inc;;cs i, hccuminL an option chic, arc cv}Morin,. Conic hear front an voiCC in this matter \`,ho,e sic e„ is knov\n \ccil in the I.o,:An tcle, area. 11. The ,State Infrastructure Bank (ED) Kc\ individual, I �,n the Cali(orni,� St.tir Iladc and C0nul'l(2rCC i in'. i.rll I cv ill oil ICu„ ht of a„i,,lLtn;c to Al)III ,It\. 12:00 - 2:15 p.m. Concluding Luncheon Session California: A Place to It and Play Ridwicl ko(li i. popular autl1w Lulcl ,pcAcI. ,yill capture VOLIV and Iea\c gnu thiAine, I, he comments k,n litm the No„l romantic yir\\ ul California — Ltncl the moat Lmou, —has hcc I one Ill x place of IcisurC Competing I.�y �yith this romantic \ lcvy i, a more ,cn,c of Calili�rnia a., ,I place of work. Conu� lind can it ihcsc I��o Caiforni�ts can he rcConcilcd. e U 1 1 Titit 4 4aQumfW AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 6, 1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Authorization for Overnight Travel for the Planning Manager to Attend the 1999 CAL Chapter American PUBLIC HEARING: Planning Association Conference October 16-19, 1999, in Bakersfield, California RECOMMENDATION: Approve the overnight travel request for the Planning Manager to attend the 1999 CAL Chapter American Planning Association Conference October 16-19, 1999, in Bakersfield, California. FISCAL IMPLICATIONS: The Fiscal Year 1998/1999 Budget allocated $5,200 for the Community Development Department staff to attend conferences. Attendance at this conference is estimated to be $1,160 based on the following costs: Registration $300 Hotel registration $400 Travel $160 Meals 300 TOTAL $1,160 These funds are budgeted in the Travel and Meetings Account for the Community Development Department (101-401-637-000). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Funds have been budgeted for staff to attend this conference in years past. The conference will be held in Bakersfield, October 16-19, 1999. CCJH.001 FINDINGS AND ALTERNATIVES - Alternatives available to the City Council include: 1. Approve the request for the Planning Manager to attend the CAL Chapter Conference; or, 2. Do not approve the request to attend the CAL Chapter Conference-, or 3. Provide staff with alternative direction. Hermon, Community Development Director Attachment: 1. CAL Chapter Conference Information Approved for submission: Thomas P. Genovese, City Manager ' ' CCJH.001 902 1999 CAL CHAPTER AMERICAN PLANNING ASSOCIATION J&9gENPT # 1 "CELEEBRATING DIVERSITY" OCTOBER 16 - 19, 1999 • BAKERSFIELD CONVENTION CENTER REGISTRATION INSTRUCTIONS 0 Please complete the form below by typing or neatly printing in black ink. 0 Use a separate form for each registrant. 0 Payment must be received to process registration LI MAKE YOUR HOTEL RESERVATIONS EARLY BY CALLING THE BAKERSFIELD HOLIDAY INN SELECT AT (661) 323-1900. EARLY REGISTRATION DEADLINE: JULY 20, 1999. Send your registration: BY MAIL with check made payable to CCAPA Central Section, P.O. Box 1071, Fresno, CA 93714 BY FAX with credit card information to (559) 227-1463. BY PHONE with credit card information to (800) 955-7758. 0 Cancellation Policy. For cancellations received before October 1, 1999, 75% of registration fees will be refunded. 0 For registration inquiries or if you require special accommodations, contact CCAPA Central Section Conference Registration at (800) 955-7758. REGISTRATION FORM Your name as it should appear on your badge Affiliation, agency, company, or school Mailing address: City: State: Zip: Daytime phone: FAX: AICP Member: Yes No Spouse or guest name (if registering) ❑ Check if you want child care information METHOD OF PAYMENT ❑ Check payable to CCAPA Central Section enclosed ❑ Charge my VISA Card #: Expiration Date: ❑ Charge my Mastercard #: Expiration Date: Cardholder's signature: REGISTRATION FEES Registration fees include the Opening Reception, 3 breakfasts, and 3 lunches. One -day registration includes 1 breakfast and 1 lunch on the day of registration. Registration fees postmarked by: 7/20/99 1011/99 On -Site Totals APA Member $300 $330 $360 Non -Member $330 $360 $390 Spouse $160 $160 $160 Student* $100 $100 $100 Planning Commission $265 $265 $265 /City Council Member One -day registration $180 $180 $180 for (check one): ❑ 10/17/99 ❑ 10/18/99 ❑ 10/19/99 REGISTRATION FEES SUBTOTAL: $ *Student Verification. I certify that the student registering for this conference is curently enrolled full-time. Date: Department Head Signature Name of school SPECIAL EVENTS International Dine Around (Sunday, 10/17) / x $20 = _ Pioneer Village BBQ (Monday, 10/18) _L x $25 = _ EXTRA TICKETS Opening reception on 10/16/99 x $25 = _ Breakfasts (circle 10/17, 10/18, 10/19) x $20 = _ Keynote lunch on 10/17/99 x $30 = _ Awards lunch on 10/18/99 x $30 = _ Keynote lunch on 10/19/99 x $30 = _ SPECIAL EVENTS SUBTOTAL: $ MOBILE WORKSHOPS MW1 Downtown Historic Walking Tour I x $10 = MW2 Hazardous Waste Management Facility Tour _ x $15 = MW3 Edmonston Pumping Station Tour i x $15 = MW4 Grimmway Farms Plant Tour _ x $15 = MW5 Wind Energy Tour i x $20 = MW6 Mojave Airport Site Visit _ x $20 = MW7 3-D Visualization Center/ Petroleum/Cogen Tour ^ x $15 = MW8 Open Space Preservation _ x $15 = MW9 International Flight Training Academy _ x $15 = MOBILE WORKSHOPS SUBTOTAL: $ TOTAL ALL REGISTRATION AND SPECIAL EVENT FEES: '' # $ f_) 0 4 BAKERSFIELD `99 "Celebrating Diversity" GENERAL INFORMATION Hotel Reservations The conference hotel site is the new Bakersfield Holiday Inn Select. This 4-star hotel is integrated with the newly expanded convention center, includes quality restaurants and shops, and is convenient to the downtown and transportation connections. Room rates start at only $70. Make your reservations early by calling the Bakersfield Holiday Inn Select at (661) 323-1900. Getting To Bakersfield Drive, fly, or take Amtrak. Use the courtesy phones at the airport or train station to call for the free shuttle to the Bakersfield Holiday Inn Select. Registration Registration fees include the opening reception, three breakfasts, and three lunches. 75% of registration fees will be refunded for cancellations received before October 1, 1999. EXCITING MOBILE WORKSHOPS! MW 1 DOWNTOWN HISTORIC WALKING TOUR Sunday, October 17 -1:30 p.m, to 3:00 p.m. Discover the historic side of Downtown Bakersfield which offers a broad spectrum of historic architecture and cultural sites. The tour will be led by members of the Bakersfield Historic Preservation Commission. $10 per person. MW 2 HAZARDOUS WASTE MANAGEMENT FACILITY TOUR Monday, October 18 - 8:30 a.m. to Noon Safety Kleen operates one of the largest hazardous waste management and disposal facilities in the nation. This tour will provide an informative overview of hazardous waste management techniques, regulatory issues, safety operations, and methods involved in managing hazardous waste. $15 per person. MW 3 EDMONSTON PUMPING STATION TOUR Monday, October 18 - 8:30 a.m. to 11:30 a.m. Tour a modern State Water project which pumps water from the San Joaquin Valley to the Los Angeles urban area. $15 per person. MW 4 GRIMMWAY FARMS PLANT TOUR Monday, October 18 - I:30 p.m. to 4:30 p.m. Tour a state-of-the-art carrot processing plant in the heart of the Kern County agricultural area. $15 per person. MW 5 WIND ENERGY TOUR Monday, October 18 - 1:30 p.m. to 5: 00 p.m. Enron Energy Company operates one of several large windfarms in the Tehachapi area and also manufactures wind energy machines. Learn about the wind energy industry and discuss regulatory issues. $20 per person. MW 6 MOJAVE AIRPORT SITE VISIT Monday, October 18 - 1:00 p.m. to 5:30 p.m. Mojave Airport, located in rural eastern Kern County, is the birthplace of many pioneering aviation and aerospace projects as well as one of the premier economic development sites in the State. This workshop will tour the facility and provide a first-hand view of current projects. $20 per person. MW 7 3-D VISUALIZATION CENTER - PETROLEUM/COGEN TOUR Tuesday, October 19 - 8:15 a.m. to 11:30 a.m. "Walk" through a virtual building in this immersive theater environment. This state-of-the-art technology is the only field -deployment worldwide in the oil industry. In addition, Texaco's oil wells and congeneration plant will be toured. $15 per person. MW 8 OPEN SPACE PRESERVATION Tuesday. October 19 - 8:15 a.m. to 11:45 a.m. Participants will experience preservation of open space and water resource management in an urban setting. Stops will include the California Living Museum, Hart Park (a county regional park), Beach Park, the city -owned Yokuts Park along the Kern River Habitat Area, and a drive through the River Walk Office park and Ground Water Recharge Area. $15 per person MW 9 INTERNATIONAL FLIGHT TRAINING ACADEMY (IFTA) TOUR Tuesday, October 19 - 1:45 p.m. to 3:30 p.m. All Nippon Airways' Aviation Training Facility is a state- of-the-art aviation and architectural complex near Meadows Field which accommodates flight students during their 2- year training program. CCAPA members will learn the history of IFTA and experience flying an airplane in one of IFTA's three flight simulators. $15 per person. 005 BAKERSFIELD `99 "Celebrating Diversity" SPECIAL EVENTS (included in your registration fee) Opening Reception Saturday, October 16 6: 00 p. m. to 8: 00 p. m. Your opportunity to mix and mingle with other conference attendees in the beautiful outdoor plaza of the Bakersfield Convention Center. Keynote Lunches Sunday, October 17 Tuesday, October 19 Look for the keynote speakers to be announced in the next edition of California Planner. Awards Lunch Monday, October 18 In keeping with tradition from prior years, you won't want to miss this special event. Approximate Time j Saturday, 10/16 II i I 9:00 a.m. - Noon Noon - 1:00 p.m. 1:00 - 5:00 p.m. 6:00 p.m. SPECIAL TICKETED EVENTS (make your reservations early!) International Dine Around Sunday, October 17 Join us in celebrating Bakersfield's finest ethnic restaurants by attending the Dine Around! Sample the cuisine... capture the flavors and the aromas... experience a fun -filled evening of various foods and cultures. Tickets are only $20 per person! Pioneer Village BBQ Monday, October 18 Historic Pioneer Village and authentic Cajun music offer the perfect setting for a Bakersfield style BBQ. Tickets are $25 per person. M! 1-7 Sunday, 10/17 • Breakfast • AM Sessions Monday, 10/18 • Breakfast • Mobile workshops • AM Sessions • Keynote Lunch • Awards Lunch • Mobile workshop • Mobile • PM Sessions workshops • CPF Auction • PM Sessions • Opening • International Dine • Pioneer Village Reception Around BBQ Tuesday, 10/19 • Breakfast • Mobile workshops • AM Sessions • Keynote Lunch • Mobile workshop 006 TWyl 4 s4�Q" July 6, 1999 COUNCIL/RDA MEETING DATE: ITEM TITLE: Authorization for Overnight Travel for Mayor Pena, Council Member Henderson and the City Manager to attend the League of California Cities' Executive Forum in Monterey, July 28- 30, 1999 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: A& STUDY SESSION: PUBLIC HEARING: Approve the request for overnight travel for Mayor Pena, Council Member Henderson and the City Manager to attend the League of California Cities' Executive Forum in Monterey, July 28-30, 1999. FISCAL IMPLICATIONS: Estimated Costs: $3,500 Funds are budgeted in Accounts 101-101-637-000 and 101-102-637-000 BACKGROUND AND OVERVIEW: The League of California Cities' Executive Forum is held annually for Mayors, Council Members and City Managers. A copy of the preliminary program is attached indicating that there will be sessions relative to the Y2K issues, the internet and related sales tax issues, mandatory social security as well as other areas of local interest. FINDINGS AND ALTERNATIVES: 1 . Approve overnight travel for Mayor Pena, Council Member Henderson and the City Manager to attend the League of California Cities' Executive Forum in Monterey, July 28-30, 1999; or 2. Provide alternative direction. �AALUJNDRA L. J OLA, City Clerk. City of La Quinta, California a CI F L F 1898-1998 You'll Want to Attend If You Are A... Mayor Council Member City Manager You'll Benefit By... • Exploring the forces that will affect your city in the years ahead • Learning how to get your city more influence with the Legislature • Understanding how e-commerce will affect your city • Developing skills to create a successful ,� • Monterey Conference Center leadership team in your city Monterey, CA • Participating in many briefings and discussions on topics of concern to you 'Earning credits in the League's Elected Officials nesday through Friday T Leadership Academy 28-30, 1999 Post Forum Workshops: Stay after the Forum for the Elected Officials Leadership Academy workshops or the Elected Ty Officials Redevelopment Seminar on Friday afternoon and Saturday morning. See the separate announcements for details and registration f information. a tion Deadline: a 30, 1999 ration Deadline: ,Y *e?i Friday, July 9, 1999 J6 5 9:00 a.m. 1:00 P.M. Elected Officials Leadership Academy Introduction and Orientation Learn about the Academy and how you can benefit from it. 1:30 p.m. Opening General Session Issues and Trends in the New California: Growth, Change, Response This two part session examines powerful emerging trends that will affect cities. Glimpse what will be on your council's agenda in the future, and learn how you can prepare. 3:30 p.m. Concurrent Sessions by Geographic/Economic Regions The Implications of the Future for Your City Building on the trends and effects outlined in the opening general session, these forums examine how changes will impact your city. Explore particular implications for your own area so you can begin working with your colleagues to address these changes. (Reports of these sessions will be shared on Friday morning.) 5:00 - 6:00 p.m. Hosted Reception Evening Free 7.30 a.m. Breakfast Briefings I. The New Revolution in Elected ORk" e. Change Forces Impacting Public Service (Sponsored by CEWAER) II. Understanding the Takings Issue III. Y2K What Elected QTicials Need to Know and Do IV. Cities and the Mandatory Social Security issue V. National League of Cities: Benefits and Opportunities V L Dealing With LAFCOs and Spheres of Influence Ili Get credit toward completing the League' Elected Officials Leadership Academy by attending the sessions identified with this symbol. The Academy curriculum provides you with a solid understanding of all the key subjects and skills you need to be an effective and successful mayor or council member, well prepared to serve your city and your constituents. The Academy encourages and provides recognition for education. It functions on the honor system. Completion of the Academy presumes one has participated in the educational sessions claimed. General Session 6 Legislative Briefing. How Will Your City be s Affected by Proposed Legislation? ff Enhancing Cities' Influence. Zuence. Getting Attention = in Sacramento Cities continue working to protect their revenue sources, and get them returned. Toward this end, Action for Better Cities (ABC) presents a credible influence as cities pursue stable, predictable, and sufficient revenue sources. This session explains what you need to know about ABC, how it will affect you and your city, and how you can use it to advance your city's interests. 10:45 a.m. Concurrent Sessions I. You andABC (League Leaders Workshop Session) Explore in more detail how ABC will work, how you can be involved, and what its limitations are. Use this chance to get all your questions answered and to offer your ideas. IL Economic Development, The Internet and the Future of Sales Tax Internet and catalogue sales increase daily, taking sales and sales taxes from your city. Explore what is happening to protect your sales tax base, and what you and your local businesses can do to deal with the changing economic scene. III. Forum on City Fiscal Stability. Desires and Dilemmas Many forces influence local government funding. Changing cities' funding structure requires winning support from most of these forces. Understanding their interests and positions helps you build a stronger case and gain the needed support to succeed. NOON General Luncheon Cities: Order Out of Chaos - A Fascinating and Entertaining Look at Cities Over the Years 2:00 p.m. General Session IlC Creating a Successful Leadership Team: T Council -Staff Relations That Work Your success as an elected official requires a clear understanding of the roles and responsibilities of the mayor, council and manager, and a real respect for vJ #' a' deg t T4ht 4 4a Q" COUNCIL/RDA MEETING DATE: July 6, 1999 ITEM TITLE: Approval of Ongoing Rental Use of the Senior Center by New Life Community Church RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: n STUDY SESSION: PUBLIC HEARING: Approve the ongoing rental use of the Senior Center by New Life Community Church for a second one-year period. FISCAL_ IMPLICATIONS: Rental charge for the facility is $55 an hour. The Church will utilize the Senior Center for two hours every Sunday at a cost of $1 10 per use. Total estimated gross revenue that will be generated by the rental agreement through July, 2000 is $5,720. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In October of 1996, the City Council adopted a Facility Use Policy for the rental of the Senior Center which is included as Attachment 1. The policy requires that any group desiring to rent the facility on an ongoing basis that exceeds three months, must obtain City Council approval. On June 20, 1998, the City Council approved the ongoing rental use by the New Life Community Church through July, 1999. The New Life Community Church has been renting the facility on a monthly basis for one year. The Church continues to be very satisfied with the arrangement and would like to commit to continue the rental arrangement through July of 2000. f u�' C:\sr.agenda.wpd FINDINGS AND -ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the ongoing rental use of the Senior Center by New Life Community Church for a second one-year period; or 2. Do not approve the ongoing use of the Senior Center by New Life Community Church; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Building & Safety Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Senior Center Facility Use Policy C:\sr.agenda.wpd LA UINTA SENIOR CENTER FACILITY USE POLICY & APPLICATION Adopted b.City Council onOctober , 1996 re, NO SMOKING CITY OF LA QUINTA Date Rece„ed SENIOR CENTER FACILITY USE APPLICATION Initial Name Applicant: Address of Applicant: Hereby applies for permission to use: [Please check appropriate box(es)] ❑ MULTIPURPOSE ROOM (200 seated 390 standing) ❑ PATIO ❑ KITCHEN TIME TO BE OPENED BY STAFF: TIME EVENT BEGIN: EQUIPMENT NEEDED (Included in Rental Fee) No. of Tables: PURPOSE OF EVENT(Be Specific): RENTAL DATE REQUESTED ALTERNATE DATE: City Expected Attendance: im _ TIME FACILITY DOORS LOCKED: No. of Chairs: Stage: ❑ YES ❑ NO EQUIPMENT AVAILABLE FOR RENT: Please check items: ❑ Public Address System Entertainment ❑ YES ❑ NO ❑ Audio/Visual Equipment Alcohol Under 20% ❑ YES ❑ NO ❑ Ice (Beer, Wine, Champagne) ❑ Coffeemaker Decorations ❑ YES ❑ NO ❑ Piano Staff Set Up ❑ YES ❑ NO Staff Clean Up ❑ YES ❑ NO Do Not Write in This Section - For Office Use Only Rental Fee: Approved: Notified By: Date Insurance Cert. Received: Security Dep: Date: Date: Cond. of Facility: Staff Services: Dep. Paid:$ Bal Paid: $ Date Refund Reqd: Guard Sen•ices: Rec#: Rec#: Comments: Addnl. Fees: Date: Date: Total Fees Due: Initials: Initials: Guards Scheduled: PLEASE MAKE CHECKS PAYABLE TO: CITY OF LA QUINTA STATEMENT OF INFORMATION AND AGREEMENT I have read and fully understand the Senior Center Rental Policy and Procedures for the use of the La Quinta Senior Center and the terms and conditions of use which are attached hereto and made a part hereof and agree to all terms and conditions set forth in said policy. Further, I certify that the information submitted in this applic% Ion is true and correct. I certify that I am authorized by my organization to enter into this agreement on their behalf. . he undersigned further understands that this application is approved only when approved by the City Manager or his designated representative. The undersigned states that, to the best of his/her knowledge, the City of La Quinta property for the use of which application is hereby made will be used for the purpose stated above and that purpose only. I understand any deviations from set policies, terms or conditions will result in closing down the premises and forfeiture of all fees and of future rights to the use of any City of La Quinta property. Signature of Responsible Renting Party: Print Name: 6r Daytime Phone: Evening Phone: Date: SENIOR CENTER RENTAL POLICIES & PROCEDURES CITY OF LA QUINTA 78-450 La Fonda, La Quinta, CA 92253 619-777-7019 It is the renter's responsibility to read and understand these policies. GENERAL POLICY The La Quinta Senior Center is designed for activities of the La Quinta Senior Citizen. Pursuant to the Community Development Block Grant Regulations, no use will preempt a senior activity. Therefore, availability is contingent upon scheduled senior activities. The Senior Center will not be available for use Mondays through Fridays between the hours of 8:00 a.m. and 5:00 p.m. The facilities shall be available for rental or usage by the general public when not in use for senior citizen scheduled activities. Activities and programs shall be classified into groups for the purpose of developing scheduling priorities. City activities will have priority use over other applications for the facility space. When conflicts occur, facility use permits held by nonsponsored groups may be canceled as authorized by the City Manager or authorized representative. As a rule, a minimum of two week's notice will be given when a facility permit is canceled. The City of La Quinta reserves the right to cancel the Facility Use Permit without notice due to unforseen circumstances. CLASSIFICATIONS Class 1. Civic sponsored activities and use by City Departments and Divisions of the City or fundraising activities sponsored by La Quinta based Non-profit organizations incorporated for the sole purpose of benefitting the La Quinta Senior Center. Class 2. La Quinta Civic groups, non-profit organizations, clubs and associations; other Governmental Agencies (Proof of non-profit status may be required). Class 3. La Quinta resident weddings, receptions and private parties. Class 4. Commercially sponsored activities; use by businesses, groups, associations or individuals for any type of profit -making activity or event; use by non-residents. FEE SCHEDULE Senior Center Facilities Class 1 Class 2 Class 3 Class 4 Multipurpose Room No charge $55/hr 'S75/hr $90/hr Kitchen No charge $10/hr -j20/hr $25/hr All rental fees are based upon a two hour minimum. Facilities are available for rental Monday through Friday 5:00 p.m. to 10:00 p.m. and Saturdays 8:00 a.m. to 11:00 p.m. and Sundays 8:00 a.m. to 9:00 p.m.. All fees will be doubled on scheduled holidays. Rentals falling on a holiday weekend add 50% to the rental fee. The following equipment is available for use as part of the rental fees: I 1 15 - 60" round tables, 20 card tables, 80 folding chairs, and 120 arm chairs. SPECIAL SERVICE FEES In addition to the basic rental fee as set forth in the fee schedule, additional fees will be assessed for the following activities or services regardless of use classification. Items B,C,D and E are assessed and fees charged only if the service is requested by the Renting Party. A. All Class 2, 3 and 4 are required to pay a $300.00 security deposit. The Security Deposit will be returned if the building is left in the same condition as prior to use. (See page 4 ) Refunds are mailed to the renting party. There is a minimum of four (4) week wait. B. Set up by City staff will be assessed a flat rate of $80.00. This service includes: set up of tables, chairs and trash cans. Renter provided tablecloths and centerpieces may be included with prior approval. There will be additional charges for extensive decorations. Renting party will not be admitted to the hall during the time staff is setting up. Tables, chairs and trash cans are provided by the facility. C. Clean up by City staff will be charged a flat rate of $125.00. This service includes the clean up and putting away of tables, chairs, trash removal, sweeping & mopping of floors and restroom clean up. This service does not include the clean up of trash outside the facility. Clean up of excessive trash outside the facility wil! result in additional charges (See page 4). D. Use of public address system will be assessed a flat rate of $15.00. E. Use of Audio/Visual Equipment will be assessed a flat rate of $25.00. APPLICATION AND PAYMENT OF FEES A Facility Use Application and Indemnification Form must be completed by each group desiring the use of the Senior Center. Forms must be submitted to the Building and Safety Department at 78-495 Calle Tampico, La Quinta, CA 92253, at least 30 days prior to the desired date of rental. Applications may be made no more than twelve (12) months in advance. Ongoing rental use (exceeding three (3) months in duration) will require City Council approval. 2. The Building and Safety Department will contact the applicant no sooner than two days after the permit has been submitted to inform applicant of the room's availability and the total fees assessed. 3. Reservations will be confirmed upon receipt of 50% of the total fees including security deposit and all paperwork completed. 4. All groups and private parties are required to provide proof of financial responsibility by means of liability insurance in an amount of not less than $500,000 general liability insurance coverage per occurrence, listing the City of La Quinta as an additional named insured. Persons or groups that do not have insurance may purchase special event insurance through the City's insurance policy. A binder must be presented to the Building and Safety Department office no later than two weeks prior to the scheduled event. Failure to provide the appropriate document will result in cancellation. Insured's name must appear as renting party on the Facility Use Permit. 5. All fees must be paid in full no later than two weeks prior to the event. Checks will be accepted if final payment is made at least three weeks prior to the event. Fees paid less than three weeks prior to the event must be paid in cas: or money order. A confirmed Facility Use Permit will be issued upon receipt of all fees. 6. All class 2 groups that do not provide fourteen (14) days notice of cancellation will be charged a basic class 3 rental fee. 7. ANY CANCELLATION OF RESERVATION WILL RESULT IN LOSS OF 50% OF RENTAL FEE. ANY RESERVATION CANCELED 30 DAYS OR LESS FROM DATE OF RENTAL WILL BE PENALIZED IN LOSS OF 100% OF THE RENTAL FEE. 8. Approved use is non -transferable. The person signing the Facility Use Permit is responsible for the conduct of all user participants and shall have full responsibility for any breakage or damage to equipment or the building. CONDITIONS OF USE 1. The Senior Center will be available for rental use from Monday through Friday, 5:00 p.m. to 10:00 p.m., Saturday 8:00 a.m. to 11:00 p.m. and Sunday 9:00 a.m. to 9:00 p.m.. ALL RENTERS MUST HAVE THE FACILITY CLEANED AND VACATED ACCORDING TO THE TIMES APPROVED ON THE RENTAL PERMIT. Failure to comply with these regulations will result in forfeiture of the security deposit. 2. Usage must be within allotted Use of Facility Permit time. Permit time schedules and charges must include all preparation time and set up time as well as clean up time. 3. Approval for use of the Senior Center will be granted to responsible adults, age 21 years or older. 4. Renters or permittees shall be personally responsible for all damage to the building and shall be responsible for reimbursing the City of La Quinta for any loss or damage to the Senior Center and/or City of La Quinta property. 5. Renters must comply with the health and safety codes pertaining to the flame proofing of all decorations. Decorations will be permitted only with prior approval by the City Manager or his designated representative. All decorations must be removed upon the conclusion of the event, including tacks and tape. 6. Glitter, rice, bird seed or like items are NOT allowed on the premises. This includes inside the senior center, outside on paved areas or the driveways. Failure to comply may result in loss of 100% of the security deposit. 7. All groups are expected to leave the premises in the same condition as they are found. The multi -purpose room must have all tables and chairs cleaned, floor swept, mopped if necessary, and garbage put in outside dumpster. Restrooms and lobby must be swept free of dirt and debris. Brooms and mops are supplied by city staff. Renters must provide all other cleaning supplies including cloths to wipe tables. 8. Upon arrival renter will complete a 'walk-through' tour of the building with the assigned staff person on duty. Damages and unclean items must be brought to the attention of the on -duty staff BEFORE the renter's party begins. At the conclusion of the event, the staff person on duty will accompany the renting party for a final walk-through of the facilities. Security deposits are considered released only after staff has reviewed the facility on the first business day following a rental. Checks are mailed, minimum of four weeks to process. 9. Users shall comply with all laws and City ordinances. 10. Control of lights, keys, locks and locking doors, gates, etc., will be attended to by the staff person on duty. An employee of the City of La Quinta will be at the facility during rental hours. 1 1 . Groups size is limited to maximum numbers as directed by the Fire Marshall to be as follows: Multipurpose Room - - - - - - - - 390 with chairs only Kitchen - - - - - - - - - - - - - - - - - 15 200 with tables 12. Smoking is NOT permitted inside the senior center. Renter is responsible for enforcing this policy. Smoking is permitted outside in designated areas. Renter is responsible for the removal of smoking debris at the conclusion of their event. 13. The public address system may be permitte, use upon request and a fee will be assessed for use. 14. Office telephones are for department business use only and may be used only by assigned staff. A pay phone is provided in the lobby. 15. All teenage groups shall be accompanied by responsible adult chaperones including the signer of the Use of Facility Permit, on a ratio of two (2) adults for the first twenty juveniles and one (1) adult for each additional group of twenty (20) juveniles or part thereof. CHAPERONES MUST STAY WITH GROUP AT ALL TIMES. 16. Groups having entertainment (bands, disc jockeys, entertainers, etc.) and/or alcohol must abide by the following additional security requirements: 3 A. Security guard service will be required any time entertainment and/or alcohol is present. (Minimum of four hours per guard) For groups of 100 people or less a minimum of one (1) guard is required. For groups in excess of 100 people or a fraction thereof, an additional security guard is required. B. All juvenile parties will be required to have double the security requirement of item 16A. C. Guards service will be arranged by the Building and Safety Department but paid for by the renting group. Guards will report to the staff person on duty. D. Security requirements may be altered at the discretion of City Council. E. Any required City permits must be obtained by the renter and presented to the Building and Safety Department at the Civic Center office no later than two (2) weeks prior to the event. Most dances or special permits required by the City take three weeks to process. 17. The City of La Quinta reserves the right to full access to all activities at any time in order to ensure that all rules, regulations, and laws are being observed, and if necessary may terminate an activity for the safety and welfare of city property. 18. Renters refusing to adhere to policies will be forced to leave the premises after one (1) verbal warning issued by staff to the signer of the Facility Use Permit. Renter/signer of Facility Use Permit must be on the premises during the hours of the event. City staff will be on site at all times during rental hours. 19. The City of La Quinta assumes no liability for any injury, damage, theft or loss of property belonging to users, before, during or after usage. 20. No animals, except those necessary for disability assistance, are allowed in the Senior Center. ALCOHOL POLICY A. All alcohol to be consumed on premises must be approved beforehand in writing by the City Manager or his designated representative. NO EXCEPTIONS! Private parties will not be authorized to serve alcohol 20% or over. Private parties may be authorized to serve alcohol under 20% (wine, beer and champagne only). B. Any group or individual participating in the sale of alcohol in the senior center must show proof of license from the Department of Alcoholic Beverage Control. C. Parties refusing to adhere to alcohol policies will be shut down after one (1) verbal warning issued by staff to the signer of the Facility Use Permit. Renter/signer of Facility Use Permit must be on the premises during the hours of the event. D. Parties requesting use of alcohol will be required to adhere to the security guard requirement as listed in Conditions of Use, number 16. SECURITY DEPOSIT The security deposit of $300.00 is refundable as long as the building and equipment are left in the same condition as prior to use. (See page 2, item A) The following charges is a partial list of costs deducted for cleaning or any other misuse of the senior center and its equipment. 1 . Burns to floors, carpets, furniture or walls - - - - - - - - - - - - - - - - - - - - - - - - $200.00 minimum 2. Floor stains--------------------------------- - - - - -- - - - - -- $200.00 minimum 3. Broken, scarred or damaged chair - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- $300.00 4. Broken, scarred ord.amagedtable------------------- ------ - - - - -- $300.00 5. Excessive trash outside of the building - - - - - - - - - - - - - - - - - - - - - - - - - -- $200.00 6. Cigarette butts left outside of building - - - - - - - - - - - - - - - - - - - - - - - - - -- $100.00 7. Glitter, birdseed, rice, etc. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- $300.00 8. Unauthorized use of equipment - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- $300.00 It is the renter's responsibility to ensure that guests do not disturb equipment not authorized for use. This includes piano, public address system, furniture, kitchen equipment and other unauthorized items. The staff person on duty is responsible for maintaining the heating and air-conditioning controls. d 4 i� INDEMNIFICATION AGREEMENT I as a user of the La Quinta Senior Center, located at 78-450 Avenida La Fonda, La Quinta, California 92253, hereby agree to indemnify, defend and hold the City of La Quinta, its elected officials, officers, agents and employees, harmless from any claim or liability for damage which may arise from the use by the undersigned organization or individual. I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND THE CITY OF LA QUINTA, ITS ELECTED OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES AND I SIGN THIS CONTRACT OF MY OWN FREE WILL. Executed at La Quinta, California on Date Releasor Witness A .L TERMS AND CONDITIONS THIS LICENSE AND RENTAL AGREEMENT is made by and between the City of La Quinta ("Licensor") and the applicant identified as the ("Licensee"). 1. LICENSOR hereby grants to LICENSEE a license to occupy and use, subject to all of the terms and conditions of this Agreement, the portion of the Licensor's property located at 78-495 Avenida La Fonda, La Quinta, California. 2. The above -described portion may be occupied and used by LICENSEE, its members, guests, and invitees, solely during the period and for the purpose(s) designated and approved by LICENSOR and set -out in this Facility Use Application and for incidental purposes related to such approved purpose(s). 3. LICENSEE shall pay LICENSOR for this license and any equipment and/or services specified, at the rates stated in the Fee Schedule for Senior Center Facilities and Equipment, attached hereto as Exhibit "B" and incorporated herein for all purposes, and LICENSEE shall tender such payments at the time(s) and in the manner specified by LICENSOR as specified in the Senior Center Facilities Use Policy attached hereto as Exhibit "A" . In addition, LICENSOR reserves the right to require tender of a Certificate of Insurance, security deposit and/or bond in the amount and manner provided by any or all of the attached exhibits. 4. LICENSEE agrees to abide by all rules, regulations and policies set -out in Exhibit "A". Any violation of these rules, regulations and policies by LICENSEE or its members, guests and invitees may, at the discretion of LICENSOR, result in immediate termination of this license together with the forfeiture of all sums paid and all additional sums payable under the terms of this Agreement. 5. LICENSEE assumes full responsibility for the conduct of, or damage caused by, anv of LICENSEE, its members, guests or invitees. LICENSOR shall not be held liable for any injury, damage, theft, or loss of property to any person whatsoever before, during or after usage under the terms of this Agreement. LICENSEE shall hold LICENSOR harmless from and defend LICENSOR against -11 claims or liability for any injury or damage occurring in, on, or about the areas of u-e when that injury or damage was caused in whole, or in part, by the act, neglect, fault of, or omission of any duty by LICENSEE, its members, guests or invitees. 6. No alteration, addition, decorations, equipment or improvements shall be made to the premises without the written authorization of LICENSOR in the manner provided in Exhibit "A". .l , 7. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any hind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in the Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if evidenced in writing signed by each party. LICENSOR expressly reserves the right to modify, develop, recommend, or promulgate certain operational guidelines in furtherance of the attached "Use Policy". 8. The rights and obligations of LICENSEE under this Agreement are non- transferrable and non -assignable. Either party may terminate this Agreement at those times and in the manner provided under its terms and attachments. Any notice or requests are required to be in writing. Should the above -described premises be totally destroyed by fire or other casualty prior to the commencement of this license, this Agreement shall immediately terminate. 9. In the event of any controversy, claim or dispute between the parties hereto, arising out of or related to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorneys' fees and costs. 10. Should any provision or portion of this Agreement be held unenforceable or invalid for any reason, the remaining provisions and portions of this Agreement shall be unaffected by such holding. T4h)� 4 4 Qum& COUNCIL/RDA MEETING DATE: July 6, 1999 ITEM TITLE: Consideration of Joint Use of Facility and Services Agreement with the Boys and Girls Club of Coachella Valley, La Quinta Unit RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: —t STUDY SESSION: PUBLIC HEARING: Approve the Joint Use of Facility and Services Agreement with the Boys and Girls Club of Coachella Valley, La Quinta Unit and direct staff to utilize the General Fund Account in the amount of $30,000, and CDBG Funds in the amount of $30,000 for the payments required by the Agreement. FISCAL IMPLICATIONS: Funds have been identified in the proposed Budget for Fiscal Year 1999/2000 for the Boys and Girls Club Agreement with funding allocated in the amount of $30,000 from the City's General Fund and $30,000 from the City's annual CDBG allocation. CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: The Boys and Girls Club of Coachella Valley entered into a lease agreement on February 4, 1992, with the City of La Quinta to construct a facility for providing a variety of children's programs. On June 20, 1994, the facility began offering the programs. At the December 19, 1995 City Council meeting, the Council approved a Joint Use of Facility and Services Agreement with the Boys and Girls Club of Coachella Valley. The agreement term was from January 1, 1996 through June 30, 1996 for an amount not to exceed $30,000. The budget amount for 1996/97,1997/98 and 1998/99 has been $30,000 from the General Fund and $30,000 from the CDBG Fund. G:\MyData\CRISTAL\CC\CC.043b.wpd The Riverside County Economic Development Agency funds a portion of the agreement with CDBG funds. Because reports are required of the Boys and Girls Club of Coachella Valley in order to qualify for the CDBG funds, staff has incorporated the reporting requirements as a part of the agreement. The proposed Agreement for 1999/2000, provided as Attachment 1, will be effective July 1, 1999 through June 30, 2000 with an amount not to exceed $60,000. The Agreement is divided into two components. The first component is for shared use of the Boys and Girls Club facility in La Quinta. The amount for this portion of the Agreement is $30,000 and provides the City with the ability to use the facility for programs operated Monday through Friday, 7:30 p.m. to 9:00 p.m.; Saturday and Sunday 9:00 a.m. to 9:00 p.m. The facility offers a games room, weight room, gymnasium, cafeteria, computer room and craft room. The second component of the Agreement is for services provided by the Boys and Girls Club to the residents of La Quinta. The Boys and Girls Club is contracted in the amount of $30,000 for Fiscal Year 1999/2000 to provide social recreation programs to children, 7 - 17 years of age. The social recreation program schedule is Monday through Friday 2:00 p.m. to 7:30 p.m. during the school year, and 7:30 a.m. to 5:30 p.m. during the summer months. Activities include table games, board games, clinics, tournaments, parties, and other programs designed for youth. These activities are funded by CDBG. The changes to the Agreement from last year include: the revised dates of use July 1, 1999 to June 30, 2000; the addition of the summer hours for City use, under Section 1 .2.1, Monday through Friday, 5:30 - 10:00 PM; and the inclusion of new officers on the Board of Directors (Attachment 2.) FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the Joint Use of Facility and Services Agreement with the Boys and Girls Club of Coachella Valley, La Quinta Unit and direct staff to utilize the General Fund Account in the amount of $30,000, and CDBG Funds in the amount of $30,000 for the payments required by the Agreement; or 2. Do not approve the Agreement; or 3. Provide staff with alternative direction. G:\MyData\CRISTAL\CC\CC.043b.wpd Respectfully submitted, Dodie Horvitz, Co munity Services Director Approved for submission by: ` Thomas P. Genovese, City Manager Attachments: 1 . Joint Use of Facility and Services Agreement for 1999/2000 2. Changes made to Joint Use of Facility and Services Agreement (in part) for 1999/2000 G:\MyData\CRISTAL\CC\CC.043b.wpd ATTACHMENT 1 JOINT USE OF FACILITY AND SERVICES AGREEMENT Boys and Girls Club of Coachella Valley, La Quinta Unit THIS AGREEMENT FOR JOINT USE OF FACILITY AND SERVICES AGREEMENT (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, a California municipal corporation (the "City") and the BOYS AND GIRLS CLUB OF COACHELLA VALLEY, LA QUINTA UNIT, a nonprofit organization (the "Club"). WHEREAS, the CITY and the CLUB have entered into that certain lease agreement titled BOYS AND GIRLS CLUB OF COACHELLA VALLEY/LA QUINTA LEASE AGREEMENT (the "Lease Agreement" dated February 4, 1992); and WHEREAS, the CITY and the CLUB desire to implement in more detail Section 4.1 of the Lease Agreement regarding the ability of the CITY to utilize the facility constructed pursuant to the Lease Agreement by the Club (the "Facility"); and WHEREAS, the CITY has entered into a joint use agreement with the Coachella Valley Boys and Girls Club, La Quinta Unit previously (the "Joint Use of Facility and Services Agreement" dated December 20, 1995); and WHEREAS, the CITY desires to assist the CLUB in providing social recreation opportunities for the residents of La Quinta; and WHEREAS, the City finds that the proposed joint use of the Facility and the continuation of such services provide a significant public benefit to the citizens of the City: The Parties hereto agree as follows: 1.0 SHARED USE OF FACILITY 1.1 Grant of Use. Except for those office areas identified as reserved in Section 1.3 below, the Club hereby grants to the City for a term beginning July 1, 1999 to June 30, 2000, the license to enter upon, occupy, use and operate, according to the terms, conditions and covenants herein contained, the Facility during the time frame set out for City use in Section 1.2 below. 1.2 Schedule for Facilily Use. 1.2.1 Basic Schedule for City Use ("City Time"). Monday through Friday 7:30 p.m. - 10:00 p.m. (School Hours) Monday through Friday 5:30 p.m. - 10:00 p.m. (Summer Hours) Saturday and Sundays 9:00 a.m. - 9:00 p.m. 1.2.2 Quarterly Schedule Review. The Club and the City shall meet and confer at least quarterly to discuss their programming plans and avoid duplication of services as both Parties agree is reasonable. The City shall implement a permanent program plan within 60 days from the date of this Agreement, and maintain said plan in accordance with its terms. bftcontr. 1.2.3 Duty to Permit Other Group Use. During such periods of City Time not otherwise conceded to the Club that the City does not have a proposed organized group use of the Facility, or of any particular room thereof ("Unused Time Slots"), City shall grant permits to public benefit groups and private benefit groups from the community requesting to use the Facility or Facility rooms as City deems most appropriate giving due consideration to the following guidelines and priorities: (1) A group that proposes a benefit to youth should have priority to a group that proposes a benefit to non -youth; (2) A group that proposes a benefit to more La Quinta residents should have a priority over a group that proposes a benefit to fewer La Quinta residents; (3) A group that proposes a use of greater public benefit to a larger number of people should have priority over a group that proposes a use with a lesser public benefit or to a lesser number of people; (4) A group posing a lesser risk of injury to persons or property should be given priority over a group that poses a greater risk of injury to persons or property; (5) The order in which the request for usage was received. 1.2.4 Duty to Supervise. During all such times as all or part of the Facility is permitted by the City to be used by one or more community groups as herein permitted, the City shall provide competent, on -site supervision of said group by an appropriate contingent of responsible adults, and such appropriate security therefore necessary to prevent property damage or intentional personal injury. 1.2.5 Liability for Damage. Property and Personal Injury. City shall be liable for all property damage and personal injury that occurs solely as a result of actions by its permittee or their guests or attendees, and shall hold the Club harmless from any and all such liability. 1.2.6 Specific Violations of Facility Use. Without limitation as to other possible violations of the Facility Use, the City shall specifically not permit the following uses: 1.2.6.1 Political Activities. City shall abide by Club's facility use policies and shall not permit or tolerate the use of the Facility for campaigning or otherwise working for the nomination or election of any individual to any public office, partisan or nonpartisan, or for any ballot measure, including any initiative, referendum, or advisory vote, except with the advance written permission of the Club, as a forum for open public debate by candidates on the condition that no member of the public shall be excluded therefrom. 1.2.6.2 Alcohol, Drugs or Tobacco. City shall abide by Club's facility use policies and not allow alcohol, illegal drugs, or tobacco to be sold, used or consumed in, on or about the Facility. City shall not permit or allow any portion of the Facility to be rented or utilized by any person, group or company that intends to provide alcoholic beverages at an event or meeting. The City shall make these facts known, in writing and through oral communications, to all staff members and participants at the Facility. 1.3 Reserved Areas. 1.3.1 Club Office Areas. Excepted from the license herein granted is the area of the Club's office. 1.3.2 Storage Areas. Excepted from the license herein granted is the area of the Club's storage for games and supplies which is hereby specifically reserved and granted to the exclusive and full time use of the Club during the term of this Agreement. License is granted to the City by the Club for a term that is conterminous with the right of the City to use and operate the Facility, unless sooner b&gcontr. E J i terminated by the Club or 30 days written notice, for the full time and exclusive use of the small storage room off of the gymnasium in the Facility. 1.4 License Fee. 1.4.1 Basic License Fee. For the Basic License Fee the City shall make four quarterly payments of $7,500 each on July 30, 1999, October 15, 1999, January 15, 2000 and April 15, 2000, for a total amount not to exceed thirty thousand dollars. 1.5 Operations. 1.5.1 Fees. City may charge attendance fees to its invitees and users. 1.5.2 Log Book. All parties shall keep, maintain and permit the inspection by all other parties of, a joint log book in a form approved by the Club and the City in which the City and the Club shall maintain a record of acts of vandalism, repairs, incidents of graffiti, and other major incidents. 1.5.3 Procedure Training. City shall cause and train its employees to comply with procedures in a manual ("Procedures Manual") the Club prepares regarding utility turn-offs, alarm responses, locking up/closing, key distribution, facility damage (including graffiti reporting). 1.5.4 Key Provision. Parties will coordinate on providing keys and lock up procedures and use of the alarm system. 1.5.5 Maintenance. Except for conditions which may be corrected by normal janitorial services, all Parties shall leave the Facility at the conclusion of their daily time allotment in a neat and clean condition and one that does not impose any additional duty on the janitorial and custodial services staff, or upon the next occupant of the Facility. 1.5.6 Long Term Maintenance Plan. The Parties agree to develop a long term maintenance plan during the twelve month term of this agreement to address an equitable cost sharing approach to non -routine maintenance issues such as floor resealing, building painting, etc., which would be put into effect in subsequent agreements. 1.6 Indemnity for Shared Use. Reciprocal Indemnity for Invitee's, Employee's or Trespasser's Personal and Property Injuries Not Caused by Design, Construction, Maintenance or Repair. Each Party ("Indemnifying Party") indemnifies each other Party ("Indemnified Party"), holds the Indemnified Party harmless, and agrees to defend the Indemnified party against loss, damage or liability on a claim, the adverse judgment, adverse order on, or good faith settlement of, such a claim, including attorneys fees and court costs in defending such claim, suffered by an Indemnified Party due to personal injury to, or damage to the property of, an invitee (including a permittee) of an Indemnified Party ("Indemnified's Invitee"), an employee ("Indemnified's Employee") of an Indemnified Party, or to a trespasser or other uninvited person, at the Facility (except to the extent that said claims based on an act or omission of design, construction, including building materials, maintenance or non -maintenance, repair or non -repair by the Indemnifying Party) primarily caused by the act or omission of the Indemnifying Party, their employees or invitees. J 2.0 SERVICES OF THE CLUB 2.1 Scope of Services. In compliance with all the terms and conditions of this Agreement, the Club shall continue to provide social recreation programs to the children of La Quinta U 4 b&gcontr. according to the following schedule: July 1, 1999 - September 3, 1999 Monday through Friday 7:30 - 5:30 p.m. September 13, 1999-December 17, 1999 Monday through Friday 2:00 - 7:30 p.m. December 20, 1999-December 31, 1999 Monday through Friday 7:30 - 5:30 p.m. January 3, 2000 - June 9, 2000 Monday through Friday 2:00 - 7:30 p.m. June 12, 2000 - June 30, 2000 Monday through Friday 7:30 - 5:30 p.m. Excluding any days off for observance of Boys and Girls Club holiday schedule. The Social Recreation program is to include but not limited to table games, board games, game technique clinics, tournaments, holiday parties and provide other opportunities for fun and constructive use of children's leisure time. The Club is required by this agreement to be familiar with and comply with the Community Development regulations and adhere to the polices contained in Exhibit A and Exhibit B. The Club understands and agrees to that no waiver or exception can be granted to the CDBG policies except with express written consent of the City. 2.2 Contractor's Proposal. (Not Applicable to this Agreement) 2.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any federal, state or local governmental agency of competent jurisdiction. 2.4 Licenses, Permits, Fees and Assessments. Club shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. The Club shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 3.0 COMPENSATION 3.1 Contract Sum. For the services rendered by Club pursuant to this section of the Agreement, the City shall compensate the Club in the sum not to exceed Thirty Thousand Dollars ($30,000), to be distributed to the Club according to the payment schedule set forth in paragraph 3.2. It is the understanding of the Club and the City that Community Development Block Grant (CDBG) funds will be use to fund this portion of the contract. The sum of Thirty Thousand Dollars ($30,000), is contingent upon the Club completing the necessary reporting documents required by the Riverside County CDBG program b&gcontr. 3.2 Payment Schedule. For the term of this Agreement, payments will be made to the Club according to the following schedule: Contract Sum Payment Date $7,500 July 30, 1999 $7,500 October 15, 1999 $7,500 January 15, 2000 $7,500 April 15, 2000 4.0 PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in the Scope of Services and Schedule of Performance. Extensions to the time period specified in the Scope of Services and Schedule of Performance may be approved in writing by the Contract Officer. CDBG reporting forms must be filed in a timely manner in compliance with CDBG reporting timelines. Should the Club fail to perform or complete the necessary CDBG reports, the City will withhold payment of funds until the performance deficiency is remedied. 4.3 Force Majeure. (Not applicable to this Agreement) 4.4 Term. Unless earlier terminated in accordance with Section 8.8 of this Agreement, the term of this Agreement shall be for twelve (12) months from July 1, 1999 through June 30, 2000. 5.0 COORDINATION OF WORK 5.1 Representative of Club. The following principals of the Club are hereby designated as being the principals and representatives of the Club authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Jim Ducatte, Executive Director b. Lee Simmons, President C. Dennis Modrich, Vice President d. Bob Frame, Treasurer e. Brian Harnick, Secretary 5.2 Contract Officer. The Contract Officer shall be the City Manager or such other person as may be designated by the City Manager of City. It shall be the Club's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Club shall refer any decisions which must be made by the City to the Contract Officer. Unless otherwise specified herein, any approval of the City required hereunder shall mean the approval of the Contract Officer. _ Mgcontr. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of the Club, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, the Club shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of the City. 5.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which the Club, its agents or employees, perform the services required herein, except as otherwise set forth. The Club shall perform all services required herein as an independent contractor of the City and shall remain at all times as to the City a wholly independent contractor with only such obligations as are consistent with that role. The Club shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of the City. 6.0 INSURANCE AND INDEMNIFICATION 6.1 Insurance. The Club shall carry general liability and property damage insurance against all claims for injuries against persons or damages to property resulting from the Club's act or omissions arising out of or related to the Club's performance under this Agreement in an amount equal as specified in Lease agreement. The City shall be named as additionally insured to the policy and a certificate to that effect shall be delivered to the City prior to the payment of the first installment under Section 3.2 above. Such insurance shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice of proposed cancellation to the City. 6.2 Indemnification. The Club shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents, from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property and for errors and omissions committed by the Club, its officers, employees and agents, arising directly or indirectly out of or related to the Club's performance under this Agreement, except to the extent of such loss as may be caused by the City's own negligence or that of its officers or employees. 6.3 Performance Bond. (Not Applicable to this Agreement) 6.4 Payment Bond. (Not Applicable to this Agreement) 6.5 Remedies. In addition to any other remedies the City may have if the Club fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, at its sole option: 1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b&gcontr. ' F U 1 V v 2. Order the Club to stop work under this Agreement and/or withhold any payment(s) which become due to the Club hereunder until the Club demonstrates compliance with the requirements hereof. 3. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies the City may have and are not the exclusive remedies for the Club's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which the Club may be held responsible for payments of damages to persons or property resulting from the Club's or its employees or agents in their performance, under this Agreement. 7.0 REPORTS 7.1 Reports. The Club shall prepare and submit to the Contract Officer a monthly report of attendance concerning the services as outlined in Scope of Services. In addition, a progress report, including an accounting of expenditures, shall be provided on or about January 15, 2000 and June 15, 2000. The Club shall prepare reports and intake forms as required by the Riverside County CDBG program. 7.2 Record Retention Clause. The Club shall maintain and keep books and records on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. Said books and records shall be made available to the County, State of California, the Federal government, the City of La Quinta-Contract Officer or designee thereof, and to any authorized representative thereof for the purposes of audit at all reasonable times and places. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least three (3) years after the expiration of the term of this Agreement. 7.3 Community Development Block Grant Funding The Club agrees to comply with the reporting processes of the Riverside County CDBG program in order to document the program meets a National Objective by serving limited clientele - all persons (100%) served by the services outlined in the Scope of Service shall be of low or moderate income. 8.0 ENFORCEMENT OF AGREEMENT 8.1 California Law. This Agreement shall be construed, interpreted and governed as to validity, performance of the parties and enforcement 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 the Club covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. b&gcontr.+ 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty- five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, the City may take such immediate action as the City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any parry's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit the City's right to terminate this Agreement without cause pursuant to Section 6.3. 8.3 Retention of Funds. The City may withhold from any monies payable to the Club, sufficient funds to compensate the City for any losses, costs, liabilities or damages it reasonably believes were suffered by the City due to the default of the Club in the performance of the services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non - defaulting party on any default shall impair such right or remedy or be construed as a waiver. The City's consent or approval of any act by the Club requiring the City's consent or approval shall not be deemed to waive or render unnecessary the City's consent to or approval of any subsequent act of the Club. Any waiver by either party or any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Liquidated Damages. (Not Applicable to this Agreement) 8.8 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except for termination by the City for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to the Club. 8.9 Attorneys' Fees. If either Party commences an action against the other Party arising out of or in connection with this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees and costs from the losing Party. Ugcontr. 9.0 CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION 9.1 Non-liabilily of City Officers and Employees. No officer or employee of the City shall be personally liable to the Club, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Club or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. No officer or employee of the City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any state statute or regulation. The Club warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 9.3 Covenant Against Discrimination. The Club covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. The Club shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 10.0 MISCELLANEOUS PROVISIONS 10.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give to the other party or any 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 9.1. To City: To Club: CITY OF LA QUINTA COACHELLA VALLEY BOYS 78-495 Calle Tampico AND GIRLS CLUB, LA QUINTA UNIT La Quinta, California 92253 42-600 Cook Street, Suite 120 Attention: City Manager Palm Desert, California 92211 10.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. 10.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 10.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect b&gcontr. j v .J , any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 10.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. 10.6 Lease. The Lease Agreement shall remain in effect according to its terms. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Dated: b&gcontr. CITY OF LA QUINTA, a California Municipal Corporation Mayor "CITY" BOYS AND GIRLS CLUB OF COACHELLA VALLEY, LA QUINTA UNIT, a nonprofit organization IRS Tax Exempt No.: By: Name: Title: "CLUB" ATTACHMENT 2 JOINT USE OF FACILITY AND SERVICES AGREEMENT Boys and Girls Club of Coachella Valley, La Quinta Unit THIS AGREEMENT FOR JOINT USE OF FACILITY AND SERVICES AGREEMENT (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, a California municipal corporation (the "City") and the BOYS AND GIRLS CLUB OF COACHELLA VALLEY, LA QUINTA UNIT, a nonprofit organization (the "Club"). WHEREAS, the CITY and the CLUB have entered into that certain lease agreement titled BOYS AND GIRLS CLUB OF COACHELLA VALLEY/LA QUINTA LEASE AGREEMENT (the "Lease Agreement" dated February 4, 1992); and WHEREAS, the CITY and the CLUB desire to implement in more detail Section 4.1 of the Lease Agreement regarding the ability of the CITY to utilize the facility constructed pursuant to the Lease Agreement by the Club (the "Facility"); and WHEREAS, the CITY has entered into a joint use agreement with the Coachella Valley Boys and Girls Club, La Quinta Unit previously (the "Joint Use of Facility and Services Agreement" dated December 20, 1995); and WHEREAS, the CITY desires to assist the CLUB in providing social recreation opportunities for the residents of La Quinta; and WHEREAS, the City finds that the proposed joint use of the Facility and the continuation of such services provide a significant public benefit to the citizens of the City: The Parties hereto agree as follows: 1.0 SHARED USE OF FACILITY 1.1 Grant of Use. Except for those office areas identified as reserved in Section 1.3 below, the Club hereby grants to the City for a term beginning July 1, 1999 to June 30, 2000, the license to enter upon, occupy, use and operate, according to the terms, conditions and covenants herein contained, the Facility during the time frame set out for City use in Section 1.2 below. 1.2 Schedule for Facili _ Use. 1.2.1 Basic Schedule for City Use ("City Time"). Monday through Friday 7:30 p.m. - 10:00 p.m. (School Hours) Monday through Friday 5:30 p.m. - 10:00 p.m. (Summer Hours) Saturday and Sundays 9:00 a.m. - 9:00 p.m. 1.2.2 Quarterly Schedule Review. The Club and the City shall meet and confer at least quarterly to discuss their programming plans and avoid duplication of services as both Parties agree is reasonable. The City shall implement a permanent program plan within 60 days from the date of this b&gcontr. 0 i . I Contract Sum Pavment Date $7,500 July 30, 1999 $7,500 October 15, 1999 $7,500 January _15, 2000 $7,500 April 15,'2000 4.0 PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in the Scope of Services and Schedule of Performance. Extensions to the time period specified in the Scope of Services and Schedule of Performance may be approved in writing by the Contract Officer. CDBG reporting forms must be filed in a timely manner in compliance with CDBG reporting timelines. Should the Club fail to perform or complete the necessary CDBG reports, the City will withhold payment of funds until the performance deficiency is remedied. 4.3 Force Majeure. (Not applicable to this Agreement) 4.4 Term. Unless earlier terminated in accordance with Section 8.8 of this Agreement, the term of this Agreement shall be for twelve (12) months from July 1, 1999 through June,:30,,,2000. 5.0 COORDINATION OF WORK 5.1 Representative of Club. The following principals of the Club are hereby designated as being the principals and representatives of the Club authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Jim Ducatte, Executive Director b. LeeSimmons, President C. Dennis Modrich Vice President d. Bob Frame, Treasurer e. Brian Harnick, Secretary 5.2 Contract Officer. The Contract Officer shall be the City Manager or such other person as may be designated by the City Manager of City. It shall be the Club's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Club shall refer any decisions which must be made by the City to the Contract Officer. Unless otherwise specified herein, any approval of the City required hereunder shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of the Club, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, the Club shall not contract with any other entity to perform b&gcontr. T4'yl 4 P Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 6, 1999 CONSENT CALENDAR: ITEM TITLE. Adoption of a Resolution Granting STUDY SESSION: Conditional Approval of a Final Map and Subdivision PUBLIC HEARING: Improvement Agreement for Tract 23995-7, Century Crowell Communities RECOMMENDATION: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 23995-7, Century Crowell Communities. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract 23995-7 is located on the southwest corner of Adams Street and Miles Avenue (Attachment 1), and consists of 30 residential lots (Attachment 2). The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. As of June 28, 1999, City staff has not received approval of the Final Map from the City's Acting Surveyor; however, it is expected that a technically correct map will be submitted within the time allowed with its conditional approval. A Subdivision Improvement Agreement has been executed by the developer; however, the associated securities have not been received. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and Subdivision Improvement Agreement. The approval is contingent upon receipt, within 30 days (August 5, 1999), of a technically correct Final Map suitable for recording by the County Recorder with all required signatures except for the City Clerk. "I T:\PWDEPT\C0UNC1L\1 999\990706g.wpd 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. The developer has demonstrated to City staff that sufficient progress has been made with the documents required for conditional final map approval. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 23995-7, Century Crowell Communities; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 23995-7, Century Crowell Communities; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. VogV� Public Works Director/City Engineer Approved for Submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement u I� T:\PWDEPT\C0UNC1L\1 999\990706g.wpd RESOLUTION NO. 99- RESOLUTION OF THE CITY COUNCIL OF LA QUINTA GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT 23995-7, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps, and WHEREAS, the City Council as a matter of policy allows a subdivider to have city staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items, and WHEREAS, the subdivider has demonstrated to city staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including city staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of city staff, and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration, and WHEREAS, the City Council relies on professional city staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional city staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, the City Council of La Quinta does hereby find, determine, order and resolve as follows: Section 1 . The final map for Tract 23995-7 is conditionally approved provided the subdivider submits all required items on or before August 5, 1999. 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 with the tentative 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. ;} 003" A. Produced a technically correct drawing of the map area that is suitable for recording by the County Recorder B. Has obtained all requisite signatures on the map title page, except for the City Clerk's signature. 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 August 5, 1999. 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. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 6tn day of July, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: Dawn Honeywell City Attorney 10 004 ATTACHMENT 006 COUNTY o HIMl °ATE OOFNCaAIMFINU ATTACHROWS2 TRACT MAP NO. 23995-7 BWNG A SUBDMWON OF A PORTION OF THE SOUTMST 1/4 OF SXCCION 19. TOWNSHIP 5 SOUTH. BANOE 7 RASP. S.B.IL NAINIERO, SMITH AND ASSOCIATES, INC. SEE SHEET 2 FOR MONUMENT MARCH 1999 AND EASEMENT NOTES BCAI,E f•ro' BAYBERRY LANE M M•rvE•c r--- - -- l ..._-__----_...00 _--__-- - ------------ 8 [!M Op a _ r.00 _S - — a.ao 9 i ) s.ssn Ac. E !0• P.U.E. s a i a toM. i i�-A E " u[ oe�i•d fi 2 [ �' _ 10' P.U,E. h- 30 l00.00 oa m Ac. Air P.U.E. fae.00 x0' 3 x N r'r E 0.10m Ac. k E f , 9 29 [ �; 100.eo r 0.1m[ Ac. r. i 8 i sp 4 --- N Mr' I �€ 0.lem Ac. . g e 28 s 1[[.00 i K` 1o0.00 X r• [ @€ C f0• P.U.E. ' r 0.1Em Ac. J3 i 04 WE �f0• 0. l[04 AC. €s i P.U.E. g 1 Q R ... _ 0.18 AC. g(' 26 ' - CPU Ac. z 115.00 Q N mrivart a 0. fm[Ac. DATA` to ml EGA m a [C'1 NlEcm� [011=00ENal_aal3r-30= [old Kills ��NmExm _ [Gl -®- VlIEK:i��aalMNM� [a <) NK:E1r 9=1109SEZMa�ala� [nmmm2mmmal�aal�� [-)�al�aaa� [:»NCMU=WE3MErs>• rlrrAr-X-rV�al_aa�a�aal• [:1Kx2amm=®r al•�a�a�alra� al.�al.aal_aal,� el•�alfal_a�a[al• ��al•al_�aal, 25 o.vu AC. o.00 1a0.00 z 11[.00 C 0 a I o.1e 24 jf k to. P.U.E. BBB 0.1EM AC, E _.._..___ ..._._.- A [ _ E 114.N0' 0 R LOT ' B' Y N 07•m•44 N N [rr•r•E `. 1M.7N --A 87 M 10 P.u.E "a WOODBSBli7 LANE, 0.200 AD. R 0.1036 AC. _/ 23 -® 0 SEE SHEET 44 IN nM CM OF M QUINTA. COUNTY OF ffinrM$, STATE OF CRIFOW U TRACT MAP NO. 23995-7 BMG A SOBDIVIBION OF A PORTION OF THE 9OUTEMAST 1/4 OF 89MON 19. TOWNSHIP 5 SOUTH. MNG9 7 IM. 8.B.11. MAINIERO, SMITH AND ASSOCIATES, INC. MARCH 1999 SEE SHEET 3 SUNBROOK LME s� a, nAT• wL7,NiI1wN1 I 1 M.00m. 7�► N 4r10'10'N 1 11.21 N r4!'OT[ 1N.M N w'1'r[ 70.77 11'A'Y' w0.00 00.01 VIM 1N'IN'w' no.w 71.01 w.17 rw'w' M.w M.w w." N rw16419 OA WOW, M.w 74.21 27.w 1. 1. 1. 1N..69 4.91 1.w 10'LI'IN' a0.00 17.w 9.w 2rw'41' 70.00 34.0 17.40 1 rU'wY w.40 17'47'Y wo.w 74.40 N7.4l M w'N7'w'N t1.w 4r40' ' YD.00 w.w WON upw'w' wD.w 0.00 41.41 N 4krw'r1 w.10 rw'w' mm lw.w w.w N R'1T00'[ w.M rw'w' w0.w 1w.0 w.w !17'w' wD.w $0.0 0.00 N rw'w'[ MAY N 00'w'w'N 4".w N w'f0'Y'1 w1.00 N w'w'w'N =.74 N o0'w'w'N 801.08 N rUYYN >m.w OWN' M.w w.w 14.10 7'84'w' w0.00 I w.00 0.0 7'w'10' M.w VAN w.w 7'w'11' w0.00 97.19 lN.w 1l41'10' w0.00 w.w 41.42 ww'17 wo.w 1Nt.w w.w N 0/w'OPN a.w w'w'w' =.w 114.14 07.67 Nnw'w' m.w 1w.w u7.w 3rw*nl M.w /w.N7 101.71 1'97*54, MOM 10.0 5.30 N 4rw'0/'0 47.i4 4r40'49' Iw.w 1tl.71 75.94 N w'w'11'[ w.21 w'44'0' w.w 0.14 04.75 1 W84'11'1 N.w 1 10'11'N7'N 41.64 110'w'w' 70.w mow 1w.87 4r01'w' 70.00 w.w w.w 3r41'w' 70.00 40.0 w.w N 10'N'O'N 41.M N w'w'w'1 17A 94 w'il'Si'[ �.o7.1 SHEET 4 OF 4 SHEETS SEE SHEET 2 FOR MONUMENT AND EASEMENT NOTES 'T- 30 291 CITY OF LAQUtN-rA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT TRACT 23995-7 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this 24th day of June 119 99 , by and between Century Crowell Communities , a California 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 Tract No. 23995-7 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\23995-7.wpd I� Page 1 of 6 0 0, 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%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, 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 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.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.13., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). d T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEM EN. TS\23995-7.wpd Page 2 of 6 ?� E,9 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty 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. T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\23995-7.wpd Page 3 of 6 011 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 Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 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, T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\23995-7.wpd Page 4 of 6 01 <_ and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. TAPWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\23995-7.wpd Page 5 6 61 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY Thomas P. Genovese, City Manager ATTEST: ity Clerk SUBDIVIDER: Siena Del Rey, LLC, a California Limited Liability Company B� Ti B) Ti Reviewed and Approved: City Engineer Approved as to Form: City Attorney City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Date By: Century Crowell Communities, a California Limited Partnership By: Century Homes Communities a California Corporation, its General Partner (909)381-6007 June 24, 1999 Date Date June 24, 1999 Date Date T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEM EN. TS\23995-7.wpd Page 6 of 6 Exhibit A SECURITY - TRACT 23995-7 Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Streets & Storm Drainage Domestic Water Sanitary Sewer Electrical Perimeter Wall & Landscaping Monumentation Performance 639,079 235,953 36,211 48,682 182,336 5,000 Totals: $1,147,261 Labor & Materials 639,079 235,953 36,211 48,682 182,336 0 $1,142,261 010 CALIFORNIA ALL—PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN BERNARDINO ) On June 24, 1999 before me, Doris A. Benoit, Notary Public personally appeared Gary Weintraub and David Miller , personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. S g ature of Notary Public * = DORIS A. BENOIT COMMISSION #1141764 p NOTARY PUBUCGCALIFORNIA M SAN BERNARDINO COUNTY * My Qw M Ion ExpW DONE 19; W1 This area for official Notarial Seal ---------------- OPTIONAL --------------- CAPACITY CLAIMED BY SIGNER: _ Corporate Officers TITLE: Vice President SIGNER IS REPRESENTING: Siena Del Rey, LLC., a California Limited Liability Company By: Century Crowell Communities, LP., a California Limited Partnership By: Century Homes Communities, a California Corporation, ITS: General Partner TITLE OR TYPE OF DOCUMENT: Subdivision Improvement Agreement DATE OF DOCUMENT: June 24, 1999 SIGNER(S) OTHER THAN NAMED ABOVE: None 016 NOTICE OF SPECIAL MEETING OF THE BOARD OF DIRECTORS OF CENTURY HOMES CONLNIUNI TIES, A CALIFORNIA CORPORATION On Nix,, 5, 1999, at IM0 a.m., a Special Meeting of the Board of Directors of Century Homes Communities was held at the Corporation's office at 1535 So. "D" Street, San Bernardino, California: SIGNING AUTHORIZATION: RATIFICATION OF PRIOR ACTS WHEREAS, the Corporation is the general partner of Century_ Crowell Communities. L.P. a California limited partnership (`-Century Crowell"). WHEREAS. Century Crowell was formed for the purpose of acquinnQ land and developing same with sin«le famik homes; WHEREAS, the Corporation has determined that it is in the best interests of Century Crowell that ownership in each Century Crowell project ("Project") be vested in a limited liability_ company or limited partnership (--Project Entity"), WHEREAS, primary responsibility for management of the Projects has been delegated to the corporations Project Managers, who are Kent Armstrong, Kenny Felkel, and Marty Butler. RESOLVED, that in connection with the development of any Project, any Project Manager (or Gary Weintraub as Vice President or Assistant Secretary) is authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of anv Project Entity, and as general contractor to the Projects, any and all documents in connection with plan checks, permits, entitlements, and all other documents relating to city, county, water distract and other governmental agency actions respecting the Projects RESOLVED, that in connection with the development of any Project, Garti Weintraub, as Vice President or Assistant Secretary, is authorized to sign on behalf of the Corporation, as General Partner of Century Cro`yell, acting in its capacity as Manager or General Partner of any Project Entity, surety bonds, and all documents relating to same, in connection with the Projects. RESOLVED, that Joyce Montgomery is authorized to sign on behalf of the Corporation. as ,general partner of Century Crowell, acting in its capacity as Manager or General Partner of any, Project Entity and as general contractor to the Projects, all documents as required for the issuance of the DRE Public Report for the Projects RESOLVED, that copies of these Minutes may be provided to an,, person or public agcnc% requiring evidence of authorization. ALL SUCH PERSONS OR PUBLIC AGENCIES ARE HEREBI' PLT ON NOTICE THAT ALL AUTHORIZED SIGNATORIES HEREUNDER ARE SIGNING ONLY IN THE CAPACITIES SET FORTH HEREIN AND ARE NOT INDIVIDUALLY OR PERSONALLY LIABLE FOR ANT DEBTS OR OBLIGATIONS OF THE CORPORATION, CENTURY CROWELL OR ANY PROJECT ENTITI . III Directors %%crc present and unanimously consented to the above D ATE yla% ATTEST John %V Ga�e'ak. Fresid: nt lx/_ — ✓/ /�/' Emcsr 0 Vincent_ Assistant Sccrctar—�� 01 '� NOTICE OF SPECIAL MEETING OF THE BOARD OF DIRECTORS OF CENTURY HOMES COMMUNITIES, A CALIFORNIA CORPORATION On December 2, 1997, at 10:00 am., a Special Meeting of the Board of Directors of Century Homes Communities was held at the Corporation's office at 1535 So. "D" Street, San Bernardino, California, 92408, in reference to the following: RESIGNATION OF DAVID A. FOGG AS VICE PRESIDENT AND CHIEF FLNANCLAL OFFICER :AND APPOL` -IMENT OF DAVID J. MILLER AS ASSISTANT SECRETARY WI!EREAS, David A. Foeg resigned as Vice President and Chief Financial Officer of the Corporation effective November 14, 1997, RESOLVED, that David J. Miller is hereby appointed Assistant Secretary of the Corporation. to sign on behalf of the Corporation as Assistant Secretary in all circumstances where the signature of an Assistant Secretary of the Corporation is required. All Directors were present and unanimously consented to the above. DATE: December 2, 1997 �tTTEST. John W. Pavelak_ President Ernest 0. Vincent, Assistant Secretary ot8 Tit,/ 4 44umrw COUNCIL/RDA MEETING DATE: July 6, 1999 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract 25389-4, Desert Fairways, RJT Homes RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 10 STUDY SESSION: PUBLIC HEARING: Adopt a Resolution granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 25389-4, Desert Fairways, RJT Homes, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract 25389-4 is located within the La Quinta Fairways development, at the northwest corner of Calle Tampico and Park Avenue (Attachment 1). This Final Map is the last of four planned phases within Tentative Tract Map 25389, and creates 52 new residential lots (Attachment 2). The developer has executed a Subdivision Improvement Agreement to guarantee construction of on -site improvements. The developer has requested the City Council's conditional approval of the Final Map, which will allow them 30 days to complete its processing. As of June 28, 1999, City staff has not received approval of the Final Map from the City's Acting Surveyor; however, it is expected that a technically correct map will be submitted within the time allowed with its conditional approval. A Subdivision Improvement Agreement has been executed by the developer; however, associated securities have not yet been received. T:\PWDEPT\C0UNC1L\1 999\990706f.wpd As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and Subdivision Improvement Agreement. The approval is contingent upon receipt, within 30 days (August 5, 1999), of a technically correct Final Map suitable for recording by the County Recorder with all required signatures except for the City Clerk, and that the appropriate securities have been submitted as required by the Subdivision Improvement Agreement. Once these items are received, the City Clerk will affix the City Seal to the Final Map, provide the Subdivision Improvement Agreement for execution by the City Manager, 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. The developer has demonstrated to City staff that it has made sufficient progress with the documents required for conditional final map approval. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 25389-4, Desert Fairways, RJT Homes; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 25389-4, Desert Fairways, RJT Homes; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vo` t Public Works Director/City Engineer Approved for Submission by: Thomas P. Genovese, City Manager Attachments #1 - Vicinity Map #2 - Tract Map #3 - Subdivision Improvement Agreement _ t. UtJ T:\PW DEPT\COUNCIL\1999\990706f.wpd RESOLUTION NO. 99- RESOLUTION OF THE CITY COUNCIL OF LA QUINTA GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT 25389-4, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council as a matter of policy allows a subdivider to have city staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to city staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including city staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of city staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional city staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional city staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, the City Council of La Quinta does hereby find, determine, order and resolve as follows: Section 1 . The final map for Tract 25389-4 is conditionally approved provided the subdivider submits all required items on or before August 5, 1999. 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 with the tentative 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. 003 A. Produced a technically correct drawing of the map area that is suitable for recording by the County Recorder B. Has obtained all requisite signatures on the map title page, except for the City Clerk's signature. C. Has submitted to the City security in the amounts and types required by the Subdivision Improvement Agreement. 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 August 5, 1999. 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. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 61h day of July, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PEIVA, Mayor City of La Quinta, California ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: Dawn Honeywell City Attorney 004 TRACT NO. 25389.47T4HMENT 1 AVENUE 50 I I - E E co z z ,TAMPICO TRACT NO, 25389-4 - ---------- ---1-------------------------------- AVENUE 52 VICINITY MAP NOT TO SCALE 006, al r�uR. m u w Ra v, a v, ro aL All" �t Vn as � a � r�rra low" N W CNY OF u aMR 0=4Y W fit. NNE W OAIRo SW 3 W 3 IN= PARCEL MAP ��37 TRACT NO. 25389-4 ATTACK upmw P-U, PL641.1 N A N�INNN Of A I�MW W IM' 1 OF FkVL NMI N0.20V OOINfY C fl N;L NOW 1O0. Mai 11 AIO � O► NMCIL YMROD mcm AMBIT 35 44T 34J I&, X = OQNRL N Ju f HM ow N. 00= Lum I ' 34 1 r1 r� I w • m- Idiom A *0 FON USBW FOR °�F°�'° � Now I I I ROeF 1DarIFFRK+ FullO657 Z I I m- MUM A " lNX Vill" IR a� ° � R r g fi aQ: t� *warars I ( I < I �,�35 I I I I I I I I 7 III 40 i I F I I F e I _ 41 -----i I I F I d I I F I 42 = VI RF to r-----� 4 I I L—T---J CURVE TAIL[ I g 43 PARCEL 3 I zz �� PARCEL MAP NO.2483-1 I 3 I I I I` P.M.B. TO / 4- -42 I � �oT X2 ``� � �—r I �� I N �v I � us 48 33 ,` ' 44 22 I a I 3Z- �d 47 8/ 62 ' f TRACT NO. 25380-3 t >d M.B. 278 / 25-20 48 80 I I 31A � � i 26 30 - _• -- - ;� — l < I ' s I I I i F a 27AIr,SF I '1 I I I 24 Mw� • s l No, d° 25 24 r I, y�lpC R K MY FR_ RGL W r. rim, RIL PINY Lyi3 K� K 1/Y OK R a FKf� 3 6 ,■ 4 7 M w4 10 11 12 13 14 2 40 1 18 'b 1 • 23 d 22 9 21 d 20 d 19 d to I I e� I 80 160 I � TRACT N0. 25380-3 MR 278 / 26-2D fi0 I B1 162 I I LIA 17 ? 40 148 Q. ��sR ;27A�i / �c —J— CALLS _ IN n�xwwo mar TAMPICO uml K K A —M rP'FJ'FS�TG�� IPl/�'1 F� T V.1r RL[» --- i T, 2 00 �! CITY OF LA QUINTA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT TRACT 25389-4 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement') is made and entered into this day of , 19 by and between , RJT Homes, LLC, an Arizona Limited Liability 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 Tract No. 25389-4 (the 'Tract') pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act'). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements'). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer, the cost of which in included in the various items of security provided herewith. 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. 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. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. C:\Core[\WP\TRACTS\Agreements\25389-2.sia Page 1 of 6 0-08 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%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, 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 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.B., 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 C:\Corel\WP\TRACTS\Agreements\25389-2.sia ! Page 2 of 6 009 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 Subdividers 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 Subdividers Surety for payment of said cash and Subdividers 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 Subdividers share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty 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 r C:\Core IMP\TRACTS \Agreements\25389-2.sia f Page 3 of 6 EJ s� 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 Subdividers obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdividers obligations hereunder. 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 Subdividers control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from 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. 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. .t C:\Corel\WP\TRACTS\Agreements\26389-2.sia �� Pa e4 of 6 611. 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. Severabilb. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. I. t C:\Corel\WP\TRACTS\Agreements\25389-2.sia Pa 6r) g� 1I— IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY. - Thomas P. Genovese, City Manager ATTEST: Date City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 City Clerk SUBDIVIDER: RJT Homes, LLC P.O. Box 810 La Quinta, CA 92253 760/564-6555 By: Date Title: By: Date Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date C:\Corel\WP\TRACTS\Agreements\25389-2.sia 16 pf A Exhibit A SECURITY - TRACT Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as reimbursements, though obligations of this subdivision, have been previously constructed by City. Subdivider shall provide cash remuneration prior to approval or conditional approval of this final map. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading $198,700 $198,700 Streets & Storm Drainage (Onsite) 235,000 235,000 Domestic Water (Onsite) 96,600 96,600 Sanitary Sewer (Onsite) 164,800 164,800 Electrical (Onsite) 134,500 134,500 Underground Aerial Utilities (Offsite) 253,800 253,800 Perimeter Wall & Gates 64,800 64,800 Perimeter Landscaping 212,300 212,300 Monumentation 8,100 0 Total Amount to be Secured: $1,368,600 $1,360,500 Reimbursements (to be paid prior to approval of the final map) Half -Street Improvements to Calle Rondo and Avenida Ultimo $ Water Main Stubout on Calle Rondo 5,738.82 Total Reimbursement: $ 9 014 ce,u., 4 4 Qum& COUNCIL/RDA MEETING DATE: July 6, 1999 ITEM TITLE: Authorize the Mayor to Sign the Riverside County Cooperation Agreement for Community Development Block Grant Funds for Fiscal Years 2000-2003 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: it STUDY SESSION: PUBLIC HEARING: Authorize the Mayor to sign the Riverside County Cooperation Agreement for Community Development Block Grant Funds for Fiscal Years 2000-2003. FISCAL IMPLICATIONS: The County estimates $100,000 grant allocation per year in to the City for Fiscal Years 2000-2003. CITY CHARTER IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The County of Riverside is in the process of qualifying as an Urban County with the Department of Housing and Urban Development (H.U.D.) for Fiscal Years 2000-2003. The City must enter into this Cooperation Agreement with the County to be eligible to receive Urban County Community Development Block Grant (CDBG) Funds and to apply for related housing grant monies that may become available during the three- year term of the Agreement. The City of La Quinta has participated in this CDBG program for fifteen years; and has previously entered into three-year Cooperation Agreements with the County. The primary objective of the CDBG program is the development of viable urban communities by providing adequate housing, a suitable living environment, and expansion of economic opportunities for persons of very low and low and moderate incomes. Towards achieving this objective, the Riverside County Housing Authority administers the federally funded Section 8 Rental Assistance Program. There are currently 110 participating Sections 8 Rental Assistance households in the City of La Quinta. In addition, the City has a Redevelopment Agency that administers community development and affordable housing programs. The City completed construction of the Senior Center and street improvements on La Fonda funded, in part, with CDBG grant funding. Key provisions of the Cooperation Agreement include: 1) the City and County are obligated to take all actions necessary to assure compliance with all applicable federal statutes such as the Civil Rights Act of 1964, the Fair Housing Act, the Housing and Community Development Act of 1974, and the National Environmental Policy Act of 1 969; 2) the City shall develop a community development plan for the period of this Agreement; 3) the City shall follow the approved citizen participation plan; and 4) the City certifies there is and there will be no undue influence in the appropriation of these funds. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council are: Authorize the Mayor to sign the Riverside County Cooperation Agreement for Community Development Block Grant Funds for Fiscal Years 2000-2003; or 2. Do not participate in the Urban Counties CDBG program. If this alternative is chosen, the City is eligible to apply to the State of California for grant funds from HUD'S State "Small Cities" CDBG program when notices of funding availability are issued. These grants are highly competitive with no assurance that the City will receive funding. The use of these grant monies are restricted to meeting the needs of 'pockets of poverty', i.e. areas with high concentrations of low income households. Based on available information, the City has limited areas that may meet the stringent eligibility criteria; or 3. Provide staff with alternative direction. Respectfully submitted, Jerry Herman, gommunity Development Director i Vvti Approved for Submission by: i 1 Thomas P. Genovese, City Manager Attachments: 1 . Cooperation Agreement for Community Development Block Grant Funds for Fiscal Years 2000-2003 0 A ATTACHMENT #1 1 COOPERATION AGREEMENT FOR 2 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 3 FOR FISCAL YEARS 2000-01, 2001-02, 2002-03 4 5 6 COUNTY OF RIVERSIDE of the State of California, hereinafter referred to as "COUNTY", 7 and City of , an incorporated municipality within the geographical boundaries of 8 the COUNTY , hereinafter referred to as "CITY", mutually agree as follows: 9 WHEREAS, the Housing and Community Development Act of 1974, as amended (Public 10 Law 93-383), hereinafter called "ACT" provides that Community Development Block Grant, 11 hereinafter referred to as "CDBG", funds may be used for the support of activities that provide 12 decent housing and suitable living environments and expanded economic opportunities 13 principally for persons of low and moderate income; and 14 WHEREAS, the HOME program authorized by the HOME Investment Partnerships Act 15 (HOME) was enacted as Title II of the National Affordable Housing Act of 1990, has as its 16 purposes: to expand the supply of decent, affordable housing for low and very -low income 17 families with emphasis on rental housing; build State and local capacity to carry out affordable 18 housing programs, and provide for coordinated assistance to participants in the development of 19 affordable low-income housing; and 20 WHEREAS, CDBG regulations require counties to re -qualify as an Urban County under 21 the CDBG program every three years; and 22 WHEREAS, the execution of this Agreement is necessary to include CITY as a particir -1ting 23 unit of general government under COUNTY 's Urban County CDBG and HOME program. 24 NOW THEREFORE, in consideration of the mutual covenants herein set forth and the 25 mutual benefits to be derived therefrom, the parties agree as follows: 26 1. GENERAL. 27 This Agreement gives COUNTY authority to undertake or assist in undertaking 28 activities for Fiscal Years 2000-01, 2001-02, 2002-03, which will be funded from the CDBG 0 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 program, the HOME Investment Partnership program, and from any program income generated from the expenditure of such funds. COUNTY and CITY agree to cooperate to undertake or assist in undertaking, community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing. COUNTY is qualified as an "Urban County" under the ACT. CITY, by executing this Agreement, hereby gives notice of its election to participate in an Urban County Community Development Block Grant program, hereinafter referred to as "CDBG programs". By executing this Agreement, CITY understands that it may not apply for grants from appropriations under the Small Cities or State CDBG Programs for fiscal years during the period in which it participates in the Urban County's CDBG program and that CITY may participate in a HOME program only through the Urban County not a consortium. 2. TERM. The term of this Agreement shall be for not less than a period of three (3) years commencing on July 1, 2000 and extending through the federal fiscal years 2002-2003, which ends June 30, 2003, unless an earlier date of termination is fixed by U.S. Department of Housing and Urban Development, hereinafter called HUD, pursuanttoACT. The terms of this Agreement shall remain in effect until the CDBG (and HOME, where applicable) funds and program income received with respect to activities carried out during the three-year qualification period are expended and the funded activities completed, and that the COUNTY nor the CITY may terminate or withdraw from the cooperation Agreement while it remains in effect. 3. PREPARATION OF FEDERALLY REQUIRED FUNDING APPLICATIONS. COU NTY, by and through its Economic Development Agency, subject to approval of COUNTY's Board of Supervisors, shall be responsible for preparing and submitting to HUD, in a timely manner those reports and statements required by the ACT and the federal regulations promulgated by HUD to secure entitlement grant funding under the CDBG and HOME program. This duty shall include the preparation and processing of COUNTY Housing, Community and Economic Development Needs Identification Report, Citizen Participation Plan, the County Consolidated Plan, Consolidated Annual Performance and Evaluation Report and other related 2 > -� 1 2 3 4 5 6 7 8 9 10 11' 12 13 14' 15 16' 17 18 19 20 21 22 231 24 25 26 27 28 i programs which satisfy the application requirements of ACT and its regulations. 4. COMPLIANCE WITH FEDERAL STATUTES REGULATIONS AND OTHER APPLICABLE STATUTES REGULATIONS AND ORDINANCES. (a) COUNTY and CITY will comply with the applicable provisions of the ACT and those federal regulations promulgated by HUD pursuant thereto, as the same currently exists or may hereafter be amended. The COUNTY and CITY will take all actions necessary to assure compliance with COUNTY's certifications required by Section 104 (b) of Title I of ACT. COUNTY and CITY will comply with the provisions of the National Environmental Policy Act of 1969, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, and Title 24 Code of Federal Regulations part 570; the Fair Housing Act; Cranston -Gonzales National Affordable housing Act (Public Law 101-625); Section 109 Title I of the Housing and Community Development Act of 1974 (42 U.S.C.§5309); Executive Order 11063, as amended by Executive Order 12259; Executive Order 11988; the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C.§4630, et.seq.) and other federal or state statute or regulation that is applicable to the use of CDBG or HOME Investment Partnerships Act (enacted as Title II of the National Affordable Housing Act of 1990) funds. (b) CITY agrees that CDBG funding for activities in or in support of CITY are prohibited if CITY does not affirmatively further fair housing within its own jurisdiction or impedes COUNTY actions to comply with its fair housing certification. (c) CITY and COUNTY shall meet the citizen participation requirements of 24 CFR 570.301 and provide citizens with: 1 . the estimate of the amount of CDBG funds proposed to be used for activities that will benefit persons of low and moderate income; and 2. a plan for minimizing displacement of personsasa resultof activities assisted with CDBG funds and to assist persons actually displaced as a result of such activities. 3. a plan that provides for and encourages citizen participation, with particular emphasis on participation by persons of low and moderate income who are residents of slum and blighted areas and of areas in which funds are proposed to be used, and provides for 3 = 1 2 3 4 5 6 7 7 [Tell 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ' participation of residents in low and moderate income neighborhoods; 4. reasonable and timely access to local meetings, information and ' records relating to the grantee's proposed use of funds, as required by the regulations of the Secretary, and relating to the actual use of funds under the ACT; S. provides for public meetings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least the development of needs, the review of proposed activities and review of program performance, which meetings shall be held after adequate notice, at times and locations convenient to potential or actual beneficiaries, and with accommodation for the handicapped; (d) CITY shall develop a community development plan, for the period of this Agreement, that identifies community development and housing needs and specifies both short and long-term community development objectives. (e) CITY certifies, to the best of its knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the CITY, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federally appropriated funds have been paid or will be paid to any person for influence g or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 3. The CITY shall require that the language of this certification be included in theaward documents for all subawards at all tiers (including subcontracts, subgrants :I � IJ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. (f) In accordance with Section 519 Public Law 101-144, (the 1990 HUD Appropriations Act), the CITY certifies that it has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations, and that it has adopted and is enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. 5. COMPLIANCE WITH POLICY AND PROGRAM OBJECTIVES. Policy and program objectives as required by applicable federal regulations for the efficient administration of the CDBG program will be adopted by COUNTY's Board of Supervisors, and COUNTY and CITY will adhere to said policy and program objectives. 6. OTHER AGREEMENTS. Pursuant to federal regulations at 24 CFR 570.501(b), CITY is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement set forth in federal regulations at 24 CFR 570.503. For each fiscal year during the term of this Agreement, COUNTY and CITY shall enter into a Supplemental Agreement that will have a term coinciding with a Program Year and enumerate the project(s) CITY will implement with its entitlement funds. Said Supplemental Agreement will set forth the time schedule for completion of said project(s) and any funding sources, in addition to entitlemer funds, that will be used in completing the project(s). If substantial compliance with the completion schedule, due to unforeseen or uncontrollable circumstances, cannot be met by CITY, the schedule for the project(s) may be extended. If substantial progress toward drawdown of funds is not made during the term of the Supplemental Agreement, the entitlement funds associated with the project(s) may be reprogrammed by COUNTY after appropriate notice is given CITY. COUNTY's decision not to extend the completion schedule associated with the project(s) orto reprogram the entitlement 5 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 funds associated with the project(s) will not excuse CITY from complying with terms of this Agreement. 7. DETERMINATION OF PROJECTS TO BE FUNDED AND DISTRIBUTION OF ENTITLEMENT FUNDS. CITY will, prior to the commencement of a Program Year, designate those projects that it desires to implement with its entitlement funds, said designation to comply with statutory and regulatory provisions governing citizen's participation. Said designation is to be reviewed by the COUNTY's Economic Development Agency to determine that the project is eligible under federal regulations for funding and inclusion in the annual Consolidated Plan's Action Plan and consistent with both federal and COUNTY policy governing use of Community Development Block Grant (CDBG) funds. COUNTY's Board of Supervisors will, consistent with Paragraphs 3, 4, S, 6 and 7 of this Agreement, determine the distribution and disposition of all CDBG funds received by � COUNTY pursuant to the Act. 8. COMMUNITY DEVELOPMENT BLOCK GRANT MANUAL. CITY warrants that those officers, employees and agents retained by it and responsible for implementing those projects funded by CDBG funds have received, reviewed and will follow the Community Development Block Grant Manual that has been prepared by � COUNTY and, by this reference, said Manual is incorporated herein and made a part hereof. 9. REAL PROPERTY ACQUIRED OR PUBLIC FACILITY CONSTRUCTED WITH CDBG FUNDS. When CDBG funds are used, in whole or in part by CITY to acquire real pr ,perty or to construct a public facility, CITY will comply with the National Environmental Policy Act of 1969 (42 U.S.C. §§4321, et seq.), the California Environmental Quality Act (Cal. Pub. Resources Code §§21000, et seq.), the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. §§4630, et seq.), California Government Code Sections 7260 et seq., as those Acts may be amended from time to time and any federal or state regulations issued to implement the aforementioned laws. e �y R oio 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In addition, the following is to occur: (a) Title to the real property shall vest in CITY; (b) the real property will be held by or the constructed facility will be maintained by the CITY until five years after the date that the CITY is no longer participating with the County in the CDBG entitlement program and is no longer considered by HUD to be a part of the Urban County CDBG program. (c) while held by CITY, the real property or the constructed facility is to be used exclusively for the purpose for which acquisition or construction was originally approved by COUNTY; (d) CITY shall provide timely notice to COUNTY of any action which would result in a modification or change in the use of the real property purchased or improved, in whole or in part with CDBG or HOME funds from that planned at the time of acquisition or improvement, including disposition. (e) CITY shall provide timely notice to citizens and opportunity to comment on any proposed modification or change; I (e) Written approval from COUNTY must be secured if the property or the facility is to be put to an alternate use that is or is not consistent with federal regulations governing CDBG funds; l (f) Should CITY desire during the five (5) year period to use the real property l or the constructed facility for a purpose not consistent with applicable federal regulations governing CDBG funds or to sell the real property or facility, then: (1) If CITY desires to retain title, it will have to reimburse either COUNTY or the federal government an amount that represents the percentage of current fair market value that is identical to the percentage that CDBG funds comprised monies paid to initially acquire the property or construct the facility; or (2) if CITY sells the property or facility or is required to sell the property or facility,CITY is to reimburse either the COUNTY of the federal government an amount that represents the percentage of proceeds realized by the sale that is identical to the percentage that = 7 Oil 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 M1 25 26 27 28 CDBG funds comprised monies paid to initially acquire the property or construct the facility. This percentage amount will be calculated after deducting all actual and reasonable cost of sale from the sale proceeds. FUNDS. 10. DISPOSITION OF INCOME GENERATED BY THE EXPENDITURE OF CDBG CITY shall inform COUNTY of any income generated by the expenditure of CDBG funds received by CITY from COUNTY. CITY may not retain any program income so generated. Any and all program income shall be returned to the County and may only be used for eligible activities in accordance with all CDBG requirements, including all requirements for citizen participation. COUNTY has the responsibility for monitoring and reporting to HUD on the use I of any such program income, thereby requiring appropriate record keeping and reporting by CITY as may be needed and requested by COUNTY. 11. TERMINATION. This Agreement may not be terminated by either CITY or COUNTY, nor may the CITY or COUNTY withdraw from this Agreement or any of the terms of this Agreement. 12. FORMER AGREEMENTS UTILIZING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS BETWEEN COUNTY AND CITY. All agreements between CITY and COUNTY regarding the use of CDBG funds for fiscal years 1975-76 through 1999-2000 and any Supplemental Agreements thereunder, shall remain in full force and effect. If the language of this Agreement is in conflict or inconsistent with the terms of anv prior said agreements between CITY and COUNTY, the language of this Agreement will be controlling. 13. INDEMNIFICATION CITY agrees to indemnify, defend and hold harmless COUNTY and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising from CITY acts, errors or omissions and for any costs or expenses incurred by COUNTY on account of any claim therefore, except where such indemnifications is 4 8 012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 prohibited by law. CITY shall promptly notify COUNTY in writing of the occurrence of any such claims, actions, losses, damages, and/or liability. CITY shall indemnify and hold harmless COUNTY against any liability, claims, losses, demands, and actions incurred by COUNTY as a result of the determination by HUD or its successor that activities undertaken by CITY underthe program(s) fail to comply with any laws, regulations or policies applicable thereto or that any funds billed by and disbursed to CITY under this Agreement were improperly expended. Dated: , 1999 ATTEST: GERALD A. MALONEY Clerk of the Board By: Deputy ATTEST: City Cle COUNTY OF RIVERSIDE By: Chairman, Board of Supervisors CITY OF LA QUINTA By: Chief Executive Officer, Mayor COUNTY COUNSEL CERTIFICATION The Office of the County Counsel hereby certifies that the terms and provisions of this Agreement are fully authorized under state and local law and that the Agreement provides full legal authority for the COUNTY to undertake or assist in undertaking essential community development and housing assistance activities specifically urban renewal and publicly assisted housing. WILLIAM C. KATZr"NSTEIN County Counsel By: Deputy F:\1JSERS\CDBG\CW\UR13AN\1 COOP0003.wpd 0 G13 T4tv,-, 4 4 Q" COUNCIL/RDA MEETING DATE: July 6, 1999 ITEM TITLE: Approval to Negotiate with the Firm of ACT, GIS, Inc. to Conduct a Needs Assessment for a Geographic Information System RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 12. STUDY SESSION: PUBLIC HEARING: Authorize the City Manager, or his designee, to negotiate a contract with the firm of ACT, GIS, Inc. to conduct a Needs Assessment for a Geographic Information System in an amount not to exceed $1 1,000. FISCAL IMPLICATIONS: The City budgeted $50,000 in the Fiscal Year 1998-99 Budget for a Geographic Information System (GIS). The $50,000 in the Fiscal Year 1998-99 Budget for this project has been carried over to the Fiscal Year 1999-2000 Budget. The City anticipates that the Needs Assessment contract will have a value of $9,000-1 1,000. The balance of the budgeted $50,000 will be used for implementing the GIS. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City has budgeted funds for the development of a Geographic Information System (GIS), a computer -based mapping/data bank. A GIS can be designed to do a wide variety of functions with mapping being one of the major components. Seven of the Coachella Valley's nine cities have some form of GIS in varying levels of operation. La Quinta currently utilizes Mapinfo software for its GIS needs. A survey of the other six cities (as well as CVAG and the County of Riverside) indicated that all are using GIS software provided by ESRI, a California -based industry leader. 4, JJ The first step in implementing a GIS is to conduct a Needs Assessment to determine what the City desires/needs from the GIS (e.g. mapped locations of dog licenses, a parcelized base map of the City, traffic data, or any other combination of a variety of data bases). In that light, staff interviewed three firms on June 8, 1999 for Needs Assessment consulting. Based on those interviews, staff is recommending that the City retain ACT, GIS, Inc. to conduct the City's Needs Assessment. Relevant data provided by ACT, GIS, Inc. is provided for the City Council (Attachment No. 1), Under the City's Consultant Selection Process, the City Manager may enter into contracts of up to $ 10,000 without Council approval. Contracts which exceed $10,000 must be awarded by the Council. Additionally, staff wishes to advise the Council that it is conceivable that the same firm selected for the Needs Assessment may be the most appropriate firm to conduct the implementation strategy/plan at an additional cost at a future date. To avoid the appearance of segregating the contracts into smaller financial components, staff is advising the Council of the potential of a cumulative contract with ACT, GIS, Inc, that will exceed the initial $1 1 ,000. Any future contracts for a GIS implementation strategy will be brought before the Council as appropriate for consideration at that time. ACT, GIS, Inc. has indicated that the City could have an operational GIS for less than $40,000 (see letter included within Attachment No. 1). This would be a system that would allow for several basic mapping functions (identified through the Needs Assessment) utilizing existing County data. However, a GIS can be as complex as the user desires. Future budget requirements will be dependent upon selected uses and the degree to which existing data can be utilized, FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Authorize the City Manager, or his designee, to negotiate a contract with the firm of ACT, GIS, Inc. for a Needs Assessment for a Geographic Information System in an amount not to exceed $1 1,000; or 2. Do not authorize the City Manager, or his designee to negotiate a contract for a Needs Assessment; or 1)01". 3. Provide alternative direction to staff. Respectfully submitted, Britt W. Wilson, Management Analyst City Manager's Office Approved for submission by: A. Thomas P. Genovese, City Manager Attachment: 1 . Information from ACT, GIS, Inc. C1MVD—\WPD—\CITY COUNCIL\CCSTFFGISCONTFACT07-06-99—pd 00 3 ATTACHMENT 1 �`G�NFORMgTjO� -,eat 1'ATIONS A A.C.T. GIS (A Division of The KWC Companies, Inc.) Corporate Profile ESRI E, AUTHORIZED AUTHORIZED CONSULTANT DEVELOPER A.C.T. GIS 1269 W. Pomona Road Suite 104 Corona, CA 91720 ul ESR/ AUTHORIZED AUTHORIZED RESELLER INSTRUCTOR Phone: (909)734-5437 Fax: (909)272-3308 E-mail: actinfo ivactgis.com Web: www.actgis.com Bill Matteson \NFORMgT Director INN v Cn cat CO Q� Or National HD s`EM y \IzP a ENTATIONS • APP A.C. T. GIS 1269 W. Pomona Rd. Phone: (909) 734-5437 Suite 104 FAX: (909) 272-3308 Corona, CA 91720 e-mail: actinfo@actgis.com R.J A.GT. GIS, Ina 937 S. Via Lata, Suite 500 Colton, CA 92324 LPhone: (909)824-0246 W OB CONSTRUCTION M!i'lE. ENTATiONS ♦ FAX: (909)783-0108 1.1C 10MS • TRA C Email: actinfoLactgis.com April 15, 1999 JN 99.264.00.35 Mr. Britt Wilson, Management Analyst City Manager's Office City of La Quints P.O. Box 1504 La Quinta, CA 92253 Regarding: Geographic Information System Assistance Dear Mr. Wilson, Thank you for calling A.C.T. GIS, Inc. to discuss assisting the City of La Quinta implement a Geographic Information System (GIS). Background: A.C.T. GIS, Inc. was established inl989 as a uniquely qualified firm offering a variety of GIS services including: • Needs Analysis • Implementation Plans • Database Automation • Technical Support • Training (to include Workstation Arc/Info; A IL; ArcView/Avenue; GRID; and UNIX) • Situation Assessments • System and Database Design • Quality Control Assistance • Application Development (to include Avenue, Map Objects, Visual Basic, and ANIL) What makes A.C.T. unique is our experience level. We average 18 years of professional GIS experience per person, and average 16 years with the worlds leading GIS software, ESRrs ARC/INFO and its' associated suite of products. While we have a heavy ESRI background, our professionals pride themselves on having worked with a variety of systems at all levels of government and in the private sector. We have worked, and do work, as analysts, cartographers, programmers, trainers, and system managers, and through this broad education, are able to provide an unbiased approach to virtually any type of analyses. We are then able to make detailed recommendations and provide cost-effective solutions. To better acquaint you with A.C.T., I am including an A.C.T. Corporate Brochure (please note that we have moved within the last month and the address and communication information is no longer valid). i07 Please review the inside front cover of the brochure for a summary of our core personnel. Project Approach: As we have done with many Southern California cities (including Irvine, Escondido, and Palm Desert), we are very interested in assisting you by researching needs, producing a concise strategy for implementing a GIS related solution or set of solutions, integrating County data, and providing capabilities and/or applications compatible with desktop software from ESRI that will increase staff productivity. Even though you probably have a constrained budget, we are confident that we can creatively meet many of your needs and get your process started. Regarding the services to be provided by A.C.T., we are including here examples of research `result matrices' and a set of implementation schedules recently produced for the City of Murrieta. Our idea is to provide you with similar summaries along with a brief write-up outlining the needs of, and the opportunities for, the city's GIS program. Regarding the data to be provided by the County, it is important to remember that they have been creating a county -wide GIS for over 15 years. They have much of the data you will need to get started, including parcels and street centerlines, and they have a cost-effective program that makes this data available to you. Regarding the software you may need, as per our discussion, we are an independent contractor and as such always strive to evaluate client needs from an unbiased perspective. However, it is important to recognize that our solutions quite often involve ESRI software because ESRI is the world leader in professional and desktop GIS related software products. They support all levels of government and private industry and have been providing focused GIS solutions for thirty years, ten or fifteen times longer than any other qualified GIS provider. With these factors in mind, our intent will be to insure compatibility with your existing software and to facilitate acquisition of additional appropriate compatible software as your needs warrant and as they increase. Regarding training, it is our intent to make sure your staff are independently productive. To do this, we will spend time on -site working with your people to transfer knowledge as well as technology. If an ESRI solution is appropriate, one of our ESRI certified instructors will spend time on site training the appropriate solution. In a `start-up' environment, desktop solutions such as ArcView or the new Internet Starter Applications (initially implemented as Intranet) are typically recommended. In these cases, two or three days of training are typical. When possible, we like to spend the last training day with the students in a workshop environment. Here they would use your new data with the software recommended to provide solutions specific to the City of La Quinta. Cost Information: To make the cost portion of this document short and to the point, we are outlining what we propose to provide to the City of La Quinta as a combined set of task `bullets' and costs, as follows: Task Description Cost I. Research City Needs/Develop an Implementation Plan ................................... (LS) $15,000.00 ➢ Interview appropriate departmental staff Compile and summarize department/city-wide needs f., Z5 (Applications/Maps/Databases) ➢ Prioritize automation/application tasks ➢ Review/recommend hardware/software/communications environment ➢ Validate existing automated GIS related data ➢ Develop an Implementation schedule ➢ Diagram recommended organizational framework ➢ General and Administrative ➢ Project Management H. Provide Parcel/Centerline Data (CORNET — County Subscription Service) (Not to Exceed) $ 4,000.00 III. Purchase and Install ESRI Internet `Starter' Applicatons................................ (LS) $12,495.00 ➢ MapObjects Internet Developers Kit - $7,495 Template Install/Test/Train - $5,000 ➢ This application consists of an intemet/intranet related set of menu templates that easily allows any staff/public users to access data with GIS functionality (this would be provided as an Intranet implementation so system access would be limited to in-house staff) IV. Provide Appropriate Training (Three Days) .................................................... (LS) $3,000.00 ➢ Arc/View Training / Starter Application Training as appropriate ➢ Workshop to Provide Solutions Specific to City Needs ➢ TraininglWorkshop is at Your Site, Using Your System, Your Data, and Your Software TOTAL: $34,495.00 In summary, researching and integrating a GIS implementation schedule with County provided data, appropriate software, and focused training will in fact install a functional GIS within the City of La Quinta, and provide you a cost-effective strategy for ongoing enhancements. You will be operational for under $35,000. The staff at A.C.T. GIS, Inc. are very excited about working with the City of La Quinta to develop an effective and beneficial GIS. We believe that, once the above tasks are accomplished, supporting city requirements with automated database and mapping capabilities will be more widespread and more efficient, and will help make city personnel more productive. This will promote GIS within the City and generate ongoing support for increased capabilities. We are pleased to provide this information for your review and look forward to working with the City of La Quinta staff to provide understandable GIS solutions. Please call, fax or E-mail any requests and let us know how best to proceed. Sincerely, A.C.T. GIS, Inc. William L. Matteson Principal 009 JIIQ Who Is A.C.T.? The mission of A.C.T. GIS is to: Provide a suite of GIS services, unparalleled in the discipline, to our clients through the use of highly experienced GIS professionals. A.C.T. provides personal, high quality, technically oriented, GIS consulting services. A.C.T. is staffed bs .Award Winning professionals who average 18 years of experience in the field of GIS. Three of the staff members worked a cumulative 38 vears for ESRL the world's leading software producer_ A.C.T. staff have assisted all levels of local, state, regional, and federal government agencies, other countries and private sector firms to develop and implement GIS. The experience of A.C.T. staff spans all elements of GIS technology including system and database design: database conversion: application design and development; training and mentoring; GIS hardware and software support and system administration: GIS software design and development; database automation and construction: GIS demonstrations and benchmarks: and GIS project management. A.C.T is also a participant in ESRI's Business Partner Program in the Consultant. Developer. and Reseller categories. Services provided by A.C.T GIS include: GIS Planning/Design • Unbiased Needs Assessments and Implementation Plans - On -Site Interviews - Application -driven • Conceptual and detailed database designs • Incremental Data conversion strategies • Procurement Assistance • Cost -benefit analyses Database Automation/Conversion • Database development according to intelligent design specifications • Data Automation including GPS surveys. COGO calculations. ARC/INFO® & AutoCADTM digitizing and AutoCADT"^ drawing and plotting services. • Incremental Data Conversion Strategies • Prototyping before long-term commitment • Open and ongoing communication with the client • Data Conversion Quality Assurance/Control Implementation Assistance • GIS Implementation Strategies • Technical and Administrative GIS Management • REP Preparation • On -Site Svstem Administration • On -Site Personalized/Specialized Training • Product Research • Experience accessingiusing 'down load ing data from virtually arty RDBMS software Application Development • AMLT"^ Applications (1" place AML Application Awards at ESRI ARC/INFO User Conferences & URISA Exemplary Systems in Government Award) • Streamlining of Frequently Used Processes • Hiah -Level Language and RDBMS Software Services • Proven Application Development Methodology • Support for the Entire Lifecycle of Applications • User -Friendly, Menu -Based Graphic User Interfaces (GUI's) • Easy to Maintain Source Code With Extensive In -Line Documentation • Optimized Source Code ensuring efficient application execution ARC/INFO® and Related Product Training • One Dav Manager Workshop • Half-Day,One Day General Introduction Courses • All -Inclusive Self -Demos • Unique Training Approaches • Client Data Used (When Possible) • Introduction of all ARC;'INFOo Modules and Products • Topics are Presented in a Basic to Advanced Process • AMLTm and UNIX Short Courses • ArcView�, AvenueT" and Spatial AnalystTM Certified Trainina Staff Profiles The KWC Companies, Inc. is composed of A.C.T. GIS and KWC Engineers. A.C.T. GIS was founded in 1989 to provide experienced Geographic Information System implementation, application development and training services to government and private enterprise organizations. A.C.T. staff average 18 years in GIS and 16 Years with ARC/INFOR1 and its related suite of GIS products. KWC Engineers was founded in 1981 to provide civil and municipal engineering services to public and private sector agencies/firms. KWC is fully automated and has completed over one thousand projects. The fort plus employees include registered Civil Engineers, licensed land surveyors, Design Engineers, and computer operators. While A.C.T. and KWC offer historical discipline specific solutions, the unique GIS/Engineering synthesis offers a much more highly integrated Geographic Engineering Service solution set. A.C.T. GIS: William L. Matteson, Director of A.C.T., has over twenty-frveyears of GIS experience, eighteen with the ARC/INFO GIS software package. Forseventeen years, he was an ESRI employee, managing projects and delivering over 150 GIS training seminars around the world. Mr. Matteson was the principal author ofall training materials and software documentation during the early years of ESRI and the early formative years of ARC/INFO". In addition. he has coordinated many large database creation efforts and implemented automated data systems at multiple levels of government agencies and private enterprises. Mr. Matteson initiated and thereafter coordinated the first nine ESRI ARC/INFO® User Conferences. Mr. Matteson holds a B.S. degree in Commerce from the University of Kentucky and an M.A. in Urban Economics from the University of California at Santa Barbara. David G. Bishop, Project Manager, has over 22 years experience in GIS. During his 15years at ESRI, he managed the communications software development team and developed the bi-directional database -to -database procedure using SNA/AP protocols. a multisystem/platform plot spooler, all initial ARC/INFO® hardware interfaces and peripheral device drivers, major portions of the original ARC/INFO software package including the topology and overlay algorithms, a raster based topographic analysis system and a fully automated networkjob cost accounting system. Mr. Bishop is an "expert" software developer accessing external databases, using Avenue", ArcView* , Visual BasicTM. MapObjectsT" and Spatial AnalystT"' .He is an ESRI K certified ArcView(Wl. AvenueT"' and Spatial AnalystTM trainer. He holds a B.A. from California State University. San Bernardino, and a B.A. from the University of Redlands, California. Kyler S. Diershaw, Project Manager, was Lead GIS Analyst/Programmer for the City of Phoenix, where he developed several conversion and maintenance systems for the city-wide GIS using ARC/INFO* and ORACLE"'. Mr. Diershaw has designed data integration methodologies and programs incorporating total station survey data, GPS data, Intergraph design files, photogrammetric data, and proprietary surface modeling data in an ARC/INFO' environment. Mr. Diershaw worked in Russia for the World Bank, designing Russia's national Land Privatization GIS. He also worked in Poland for the Gdansk Regional Government designing and implementing an integrated regional land privatization GIS. He has won the ESRI Application Development Contest and the URISA Exemplary Systems in Government Award for his application development. He earned a B.S. in Geography. Southern Oregon University, Ashland. Oregon and completed two years of graduate study in Geographic Information Systems, University of Washington. Seattle. Jeffrey D. Smith, Project Manager, has been a GIS analyst. applications programmer and technical project managersince 1980 (6 years with ESRI) concentrating in database design and development. -data dictionary design.. data translation and multi -database interfaces. Mr. Smith has integrated SAS statistical software with ARC/INFO*, produced sophisticated AMLT", DCL, and CPL applications to perform data translation and subsequent quality control, provides on -site technical support,and has utilized AreView/Avenue to develop emergency response and data query applications. Mr. Smith also trains in the use of ARC/INFO® and AMLT"' application development. Mr. Smith holds a B.S. in Biology from the University of California, San Bernardino. Jay A. Seekman is a GIS Specialist, handling cadastral data entry, remote sensing techniques, mapping demographic analysis, and office management related administrative tasks for A.C.T. Jay coordinates project proposals. handles software training logistics, provides marketing development support. tracks staff scheduling, and performs multiple application tasks with ARC/INFOTM, ArcViewT"'.ArcCAD© and AUTOCADT'"(COGOT'") softwares. He is a certified ArcViewON Trainer and holds a B.S. in GIS from California State Polytechnic University. Pomona. Karen T. Gates-Waldrup has overfourteen years experience as a system administrator and systems implementation specialist. Ms.Gates-Waldrup serves as Computer Systems Manager for The KWC Companies , successfully bringing together a diverse group of elements. Prior to _joining the team, she was responsible for user training and technical support of the CIVILCADDT" Civil Engineering Design software package. Ms. Gates-Waldrup has completed five years in the school of Architecture at the University of Texas and is currently enrolled in the GIS Certificate Program at the University of California, Riverside. KWC ENGINEERS: Kenneth W. Crawford, President/Owner of the KWC Companies. is a Registered Civil Engineer in the states of Cal iforn ia.Nevada, and Arizona where he has over twenty years of Public Works experience. His professional experience includes the design and management of many types of public infrastructure projects including water treatment, trunk sewers, reclaimed water, community redevelopment, street widening, flood control, assessment district, and GIS assistance. Mr. Crawford holds a B.S. in Civil Engineering from California State Polytechnic University. Pomona. Edward G. Sloman, Principal, Senior Vice President of KWC Engineers, is a Project/Urban Planner with past experience includingfive years as Assistant Dept. Head for East San Gabriel Valley City Water District and seven years with the City of Upland Planning Commission. Mr. Sloman also has twenty years of private sector experience including ten years as both President and Vice President of Land Planning for an Orange County home builder. His understanding ofCity/County procedures and ordinances, vital to launching each project. provides a valuable asset to the firm and our clients. Mr. Sloman holds a B.S. in Urban Planning from California State Polytechnic University. Pomona. J L't ESRI Business Partner A.C.T. GIS, a division of The KWC Companies, Inc., is proud to announce our selection as an ESRI® Business Partner in the Consultant, Developer, and Reseller programs. As Consultants, A.C.T. staff (who average 18 years in GIS and 16 years with the ARC/INFO® suite of products) are highly experienced in AMLTM, Avenue TM, MapObjectsTM, and Visual BasicTM programming and can assist your many ARC/INFO®,ArcView®, and Internet/Intranet application needs. As Developers, A.C.T. staff have produced countless award winning applications, among them: DigView - A facility locator with automatic cover letter/faxing capabilities that facilitates public agency/private developer regulatory interface (supports Blue Stake/Call-Before-You-Dig) (MapObjectsTIA ) ZoneTrak - A coning/code enforcement tracking/mapping application (MapObjectsTM ) RouteWiser - A route management application for the waste industry in association with TSI (ArcView9 ) Gov$View - Municipal revenue management in association with MRC (MapObjectsTM ) JuryView - A juror locator/re-locator application (ArcView*) ) C.O.R.D - A Self -Configurable Object Relational Editor (ARC/INFO®) Wellhead Protection - A groundwater quality evaluation/prediction modeling application (GRID TM) In addition, A.C.T. staff are part of a select group who have been trained on and have successfully installed the new Intranet/Internet Map Server Starter Applications from ESRI. These templates provide easy GIS access to the casual user, front counter staff, upper management and/or council/supervisor officials. The applications include: Property Information Event and Owner Notification Site Selector (Economic Development) Site Awareness (A.C.T. Product-DigView) General Map Query Demographic Data Query Zoning Code Enforcement Tracking (A.C.T. Product-ZoneTrak) As Resellers, A.C.T. is authorized to sell the approved suite of ESRI® Products at a competitive price. A.C.T. is also an authorized Value Added Reseller for DEC©. The experienced A.C.T. staff would love to create and/or add to your success and we invite you to call, fax, or e-mail any requests you might have. i WIL List of Accomplishments ESRI® Intranet/Internet Map Server Template Installations City of Corona - (1998) City of Escondido - (1998) GIS Needs Assessment/Implementation Plans (Does NOT Include 15 Years of Implementation Experience While at ESRI) City of Irvine, CA (1989 - 1992) City of Escondido, CA (1992 - 1995) City of Palm Desert, CA (1996 - Present) Database/Product Development Assistance Robert Bein, William Frost and Associates, CA (1994) SeaWest, Tehachapi, CA (1994) Peabody Western Coal Company (1995) Pierce County, WA (1995) Levine-Fricke-Recon (1997) City of Corona, CA (1995 - Present) GIS Organization/Inventory Assistance Yavapai County, AZ (1993) Marine Corps, Yuma, AZ (1993) Murray City, UT (1994) City of Corona, CA (1995 - Present) Menu/Macro Programming Assistance (Does NOT Include 15 Years of Macro Programming Experience While at ESRI) City of Irvine, CA (1990 - 1994) Mevatec Corporation, Huntsville, AL (1991) City of Phoenix, AZ (1992) ABB, Power Dist. Division, Raleigh, NC (1993 - 1994) Yavapai County, AZ (1993 - 1995) State of Washington Department of Wildlife (1993 - 1994) Sandia National Laboratories, NM (1994) Plangraphics, Inc., KY (1995) Portland Metro, OR (1995) State of Washington Department of Natural Resources (1996 - 1997) Psomas and Associates (1997) TransComp Systems, Inc., CA (1995 - Present) Municipal Resource Consultants, Inc. (1996 - Present) Application Development/Custom Software Development (Includes Database, Hardware and Software Interfaces. Does NOT Include 15 Years Custom Development at ESRI) U.S. Army Corps of Engineers (W.E.S.) (1990) Clark County - Nevada (1997 - Present) Municipal Resource Consultants - MRC (1997 - Present) TransComp Systems, Inc. - TSI (1997 - Present) Public Service Co. of New Mexico - PNM (1997 - Present) ArcView Training 12 Total Certified Trainings (Continued on reverse) 1-i 13 J� Products DigView - A facility locator with automatic cover letter'faxing capabilities that facilitates public agency private developer regulatory interface (supports Blue Stake'Call-Before-You-Dig) (MapObjeetsTM ) The Di, -View Application offers search by parcel number, parcel address, or 'point and click' with user identified 'buffer' distances for proximity maps. It allows 'prefixed and user entry pan zoom capabilities, provides on -the -fly graphic annotation, and utilizes 100° o dynamic attribute, map layer, and symbol selections, with subsequent hard copy and./or FAX capabilities. ZoneTrak - A=oninKicode enforcement tracking mapping application (MapObjectsTM ) Zone Trak allows for tracking and mapping of zoning'Code Enforcement violations, �zeocodin" of site addresses, adding new sites manually, svmbolization of violations, mailing of notifications to violation site and nearby addresses and management of sites by: name, phone number and violation date. (Map ObjectsTM) RouteWiser - A route management application for the haste ittdustr1, in association with TSI (ArcVievvOO ) RouteWiser allows management of customer sites, geocoding of new sites and assignment of sites to pickup routes. RouteWiser maintains database for material type, service day(s) of week, customer type (commercial, residential, temporary) and prints maps of customer sites and routes. Gov$View - Municipal revenue management in association with MRC (MapObjectsTM ) Gov$View allows users to view tax revenue by categorized dollar amounts or by tvpe (sales tax, property tax, etc.) with full zoom, buffer and/or select, un-select capabilities. Bufferina, includes adjacency. parcel center, or parcel boundary options. The application allows print preview and subsequent output to any device. Gov$View was produced in association vv ith Municipal Resource Consultants (proprietary and highly confidential data is involved). JuryView - A juror locatorire-locator application (ArcViewC ) Juror lists are geo-coded and prospective jurors mapped to assure a locational cross-section of the populace. JuryView also facilitates sending most appropriate non -selected jurors to satellite courts when additional jurors are required in other locations. C.O.R.D - A Self -Configurable. Librarian!ArcStormTM compatible Object Relational Editor (ARC/INFO®) The C.O.R.D editor supports defining , saving, and selecting libraries of'settings' files for objects like water mains, taps, valves, etc. When an object is menu -selected for editing. related parameters are automatically set up. C.O.R.D can be configured for all basic modifications, Oracle connectivity, land parcel line LOGO entry and polygonal splitting and merging, dvnamic segmentation and 'region' oriented data, annotation, and water,%sewer/storm water facilities (Electrical Utilities is in testing). Wellhead Protection - A groundwater quality evaluation prediction modeling application (GRIDTIA This application allows users to evaluate potential ground and surface water pollution sources in relation to wells and storm water collection systems. The application models either circular buffer or aquifer travel time particle traces up or down stream thru any number of aquifer units and for any length of time. The output shows potential pollution contributors and exclusion maps and reports identif,,ing wells not impacted and thus not appropriate for mandated testing. In addition. A.C.T. staff are part of a select group who have been trained on and have successfully installed the new Intranet/lnternet Map Seri•er Starter,4pplicatioiz,. from ESRIC.. These applications provide easy GIS access to the casual user, front counter staff, upper management and/or council supervisor officials. The applications include: Property Information Site Awareness (A.C.T. product- Di(_1View) Event and Owner Notification General Map Query Site Selector (Economic Development) Demographic Data Query Zoning/Code Enforcement Tracking (A.C.T. Product-ZoneTrak) 014 Database Automation/Conversion "Aft" A.C.T. GIS professionals have years of hands-on experience in the development of GIS databases that meet or exceed the needs of the end -user. Following detailed design specifications that are developed with the end -user, we build databases that meet current needs and provide flexibility for future use. Our experience includes that of being the end -user and we approach each project with that in mind! The database is developed with the design at the forefront. Custom macros specific to Developed according to database needs include imbedded quality assurance checks to maintain overall accuracy of intelligent design spatial and attribute criteria. specifications! A.C.T. GIS and KWC Engineers, the two divisions of The KWC Companies, Inc., can Data Automation! provide complete, cost-effective database automation. A.C.T. GIS and KWC Engineers have vast experience in automating databases, including landbase (parcels, street centerlines, etc.), land use, and utility systems (i.e. sewer, water, storm drain, street light, etc.). Automation includes GPS surveys, COGO calculations, ARC/INFO® and AutoCADT"' digitizing and AutoCADT" drawing and plotting services. The A.C.T./KWC team utilizes the proper collection of automation related tools to provide the optimal solution to vour data automation needs. A.C.T. GIS supports incremental data conversion strategies, which allow forthe acquisition Incremental Data or automation of less -expensive map layers during the initial stages of implementation. This Conversion Strategies! provides the basis for fast -track development of commonly used, high payback applications and functions such as incident mapping, routing, and base map generation. For large projects, data sets that are representative ofthe project area are identified and used Prototyping to provide quick turn -around on the design and methodologies adopted. User interfaces and before long -term data components are refined, and the client can quickly experiment with applications commitment! involving real data on their own system. A.C.T. GIS stays in touch with our clients at every phase of the project. A question is never Open and ongoing "too dumb" to ask: the consequences of not asking can be too costly to the client. communication with the client! A.C.T. GIS professionals have a vast amount of experience with data conversion qualitt, Data Conversion Quality assurance/quality control. This ensures that the large investment you make in the creation Assurance/Quality Control! of your digital GIS database will result in accurately mapped spatial features with easy -to - use, descriptive attribute coding schemes that meet technical design specifications. 5 �y15 Implementation Assistance A.C.T. GIS provides a variety of services to assist with the implementation of your organization's GIS. We provide highly experienced GIS professionals to fill the gaps in the expertise of your staff for both short and long term assignments. Our professionals have experience with all aspects of GIS implementation through years of experience working for local, regional, state, and federal government agencies as well as private sector corporations. A.C.T. GIS can assess vour short term and long term GIS related needs. Our ti'eeds Assessments! professionals work with your staff to document existing and desired hardware, software, data, people, and application requirements. A.C.T. GIS can assist with the preparation of implementation strategies that will guide GIS Implementation your organization through all phases of GIS implementation. Our assistance will bring Strategies! confidence during the critical early stages of implementation when decisions have the most impact toward success. A.C.T. GIS provides on -site technical and administrative system management. Our Technical and professionals can fill the void often experienced when an organization is unsuccessful at Administrative GIS hiring qualified professionals to manage its GIS implementation. A.C.T. GIS Management! professionals have functioned at all levels of GIS implementation and operation, including the management of various GIS implementation projects. A.C.T. GIS can assist you with RFP preparation for the acquisition of hardware, RFP Preparation! software, data conversion, geodetic control, and photogrammetry procurements, as well as unbiased proposal review and evaluation assistance. A.C.T. GIS provides on -site system administration support. The success of your GIS Ott -site System often depends on how well your computer system is organized and functions on a daily Administration! basis. Our professionals can assist with system configuration, networking, security, and data access issues. A.C.T. GIS provides a variety of ARC/INFOOO, ArcView©, and related GIS training On -Site Personalized/ services to assist your staff with learning to use GIS independently and productively. Specialized Training! A.C.T. GIS can assist you with the research of hardware. software, database and Product Research! communication products that will meet your overall requirements. A.C.T. GIS staff are part of a select group who have been trained to install and enhance Itttrmtet/lntern et the Intranet/Internet Starter Applications available from ESRI. Assistance! 016 Application Development A.C.T. GIS provides unparalleled application development services and programming at reasonable rates. Our staff of professionals has developed multiple award -winning GIS applications, and has provided GIS assistance to all levels of government as well as numerous private corporations. Our extensive experience is your key to easy -to -use applications that meet user requirements. A.C.T. GIS professionals have developed numerous award -winning ARC/INFO" Numerous Award -Winning applications including First Place AML` Application awards at ESRI ARCIINFO'fi' User Applications! Conferences, as well as the URISA Exemplary Systems in Government Award. A.C.T. GIS provides simple macro development to streamline frequently used processes, Streamlining of Frequently - such as faxing capabilities, coverage editing, report generation, queries, data integration, Used Processes! and map/atlas production. A.C.T. GIS also provides high-level language and RDBMS software development services, High -Level Language and including communications software, user interfaces, data entry screens, reports, queries, and RDBMS Software Services! analyses not supplied with ARC/INFO® software. A.C.T. GIS's applications are developed using a proven application development Proven Application methodology. This guarantees that applications developed by A.C.T. GIS will meet your Development Methodology! requirements. All applications are developed with extensive programmer -user interaction with numerous sign -off points from conceptual design and prototyping through coding, delivery, documentation, and training. A.C.T. GIS provides support for the entire lifecvcle ofapplications, ranging from user needs Support for the Entire assessment, conceptual and detailed design, prototyping, coding, testing, user Lifecycle of Applications! documentation, training, user support, and application enhancements. A.C.T. GIS provides cost-effective application development through years of experience. A.C.T. GIS applications are developed with user-friendly, menu -based intuitive interfaces User -Friendly, Menu -Based using AMLTM for ARC/INFO®, through customizing MapObjectsT" with Visual Basic®, Graphic User Interfaces! and through Avenue"' for ArcView®. A.C.T. GIS excels in the development of easy -to -maintain source code resulting from Easy to Maintain Source structured programming techniques embedded with extensive in -line documentation and Code With Extensive In - detailed application programmer's manuals. This results in applications that are easy to use Line Documentation! and maintain. A.C.T. GIS emphasizes optimised source code to ensure efficient application execution. Optizimed Source Code! r,l7 GIS Planning/Design AWBIL A.C.T. GIS professionals have witnessed GIS implementation from a real -world perspective, managing and participating* in the design, implementation and daily operations of numerous systems. We have a unique insight into how systems should be structured and implemented within your organization to meet realistic expectations. We can help to quickly achieve a true return on your organization's significant investment in GIS. Although A.C.T. GIS's professionals possess extensive experience with ARC/ INFOOO based Unbiased Needs systems, A.C.T. GIS conducts unbiased feasibility studies and implementation plans. This Assessments and provides you with information essential to the selection ofthe appropriate GIS hardware and Implementation Plans! software that will best meet your organization's needs. A.C.T. GIS conducts extensive on -site interviews that identify user needs and help establish Extensive On -Site the maps, databases, hardware, and software necessary to support GIS applications. Interviews to Identify User Needs! A.C.T. GIS works directly with clients to provide application -driven system designs that not Application - only synthesize maps and existing attribute (database) information to form a GIS that Driven Designs! performs existing functions in a more efficient manner, they also provide flexibility to allow for a constantly changing future. A.C.T. GIS prepares detailed conceptual database designs based on your application and Conceptual and Detailed cartographic needs. Database Designs! A.C.T. GIS supports incremental data conversion strategies, allowing for the acquisition or Incremental Data automation of less -expensive map layers during the initial stages of implementation. This Conversion Strategies! provides the basis for fast -track development of commonly used, high payback applications and functions such as incident mapping. routing, and base map generation. A.C.T. GIS provides assistance with the procurement and management o/data conversion Procurement Assistance! efforts of more expensive, photogrammetrically derived map lavers, usually involving a phased approach where denser or politically sensitive portions of your project area are automated with a higher priority. A.C.T. GIS conducts cost -benefit analyses that allow your organization to implement GIS Cost -Benefit Analyses! cost effectively by maximizing existing computer and personnel resources. You will reali_e a return on your investment through increased staff productivity, revenue generation, and detailed analyses previously unavailable. 018 ARC/INFO® and Related Product Training A.C.T. GIS provides standard ESRI certified training courses, non-standard proprietary traininQ courses, and training courses tailored for specific clients at their request. DESKTOP GIS: A.C.T. GIS offers ArcView`x , Avenue TM, and Spatial AnalvstT" Training Courses. Arc View® Avenue" Instructors are ESRI-certified for presenting these trainings. and Spatial Analyst' Training is Available! PROFESSIONAL GIS: The standard A.C.T. GIS ARC/ INFO® Professional GIS Training Course is unique. It is tailored to your needs, teaching topics your staff requires in a "Display First" order of importance and, when feasible or in parallel, using your data for exercises. It introduces most ARC/INFO® modules and is offered in the UNIX or Windows NT Environments. The course begins with a half day general introduction. presenting a brief summary of GIS Half Day General concepts to staff, managers, and administrators (up to 250 people have attended). Introduction! The reverse display first sequence works because students participate in an all-inclusive 3- All -Inclusive Self -Demo! hour self -demo the first day. This introduces them to automation, attribute handling. the system editor, display, analysis. TIN, and AMLT". When display in ARCPLOTT" requires codes for display and the system editor for legends. they have already used both several times. The uniqueness of the A.C.T. GIS approach is the result of teaching the course in reverse sequence (as opposed to traditional GIS training courses where automation is taught first, even though most agencies no longer automate maps internally). Today, most agencies contract with a data conversion vendor to automate their database, or they acquire their initial database from existing data sources. This means that learning to use the data is the most critical topic, with display being the primary need of about 80% of all users. Thus, the A.C.T. GIS course starts with map display - typically the functionality needed most by new users - and continues in reverse order according to the next most predominant need. The A.C.T. GIS course provides as much hands-on work as possible to maximize understanding. To augment this understanding. when feasible. A.C.T. GIS exercises are customized to use the client's existing data or the clients existing data is used in parallel. A.C.T. GIS training is a "One Stop Shop"' Most,4RC`LVF0'R modules are introduced: ARC/INFO©, Network, TIN, COGO, GRID, as well as AMLT"', Formedit. INFO, ArcView®, Avenue T", and ArcToolsT"'. Unique Training Approach! Client Data Used When Possible! Most ARCIINFOS Modules and Products are Introduced! A.C.T. GIS 's Automation -Last Sequence allows "Application -Only" users to leave after Topics are Presented in a their topics have been taught. When appropriate, this sequence allows users to drop out of General to Advanced Order! the course as it gets more detailed. An optimal student/teacher ratio then exists when automation is covered for those needing to monitor,/manage/update the database. A.C.T. GIS conducts short courses on ARC,Vacro Language (AMLT"') Programming for application developers and ARC/INFO"-' users who want to increase workgroup productivity while maintaining standardization of output products/databases. A two-day Introduction to UNIX is also offered, with particular emphasis on (,WLV to PC program porting considerations and the use of ARC/INFO® in the UNIX environment. In addition, A.C.T. staff present Advanced Arc/Info, GRID, and a one week introduction to selected support modules (TIN, Network, etc.). Additional Short Courses Offered! Otto Tity� 4 4a Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCILIRDA MEETING DATE: July 6, 1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Approval of a Settlement and Release Agreement with PUBLIC HEARING: the County of Riverside Associated with the Automated Criminal Identification and Information System (ACIIS) RECOMMENDATION: Approve the Settlement and Release Agreement associated with the ACIIS program with the County of Riverside. FISCAL IMPLICATIONS: Over the past five years, the City has contributed to the ACIIS Fund in the amount of $71 ,760.60. It is estimated that as a result of the proposed settlement and release agreement, the City will receive $55,218.45 in refunds in the current fiscal year. The estimated cost for the La Quinta Police to utilize the Records Management System (system designed to replace ACIIS) for the current fiscal year is $57,000. This amount is included as a line item in the 1999/00 preliminary Budget adopted by the City Council on June 22, 1999. CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: Approximately five years ago, the County of Riverside, through its Sheriff's Department, established an Automated Criminal Identification and Information System (ACIIS) for the purpose of providing ready -access data such as criminal offender information and crime analysis statistics. All of the contract cities served by the Sheriff's Department participated financially in the development and maintenance of the system during its use. However, the system never met the performance standards that were necessary to make it an effective law enforcement tool, and in February of 1999, it was abandoned. The system is being replaced by the Records S:\CITYMGR\CCSHELL.WPD �� J Management System. The Police Chief's monthly report for May 1999 ( included in this agenda ) contains more information on the RMS. Unexpended funds that were paid into the ACIIS Fund by the contract cities are being returned to the jurisdictions based on a prorated calculation of the total amount of fees paid into the fund compared to the amount paid by each individual City. La Quinta is projected to receive $55,218.45 in reimbursements. The first 75% of the monies will be refunded to the City by July 15,1999. The remainder of the funds will be distributed after the County has closed out the books on the fund, which is scheduled to be completed by October 31,1999. As a condition to receiving the reimbursement, the County is requesting that each City approve the Settlement and Release Agreement included as Attachment 1 . FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Settlement and Release Agreement associated with the ACIIS program with the County of Riverside; or 2. Do not approve the Settlement and Release Agreement associated with the ACIIS program with the County of Riverside; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Director of Building and Safety Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Settlement and Release Agreement S:\CITYMGR\CCSHELL.WPD ATTACHMENT 1 SETTLEMENT AND RELEASE AGREEMENT WHEREAS, the Cdunty of Riverside (hereinafter referred to as "County"), through its Sheriffs Department, established an Automated Criminal Identification and Information System (hereinafter referred to as "ACIIS"); and WHEREAS, cities (hereinafter referred to as "Cities") within the County of Riverside have joined ACIIS and were charged certain fees for participation in ACIIS; and WHEREAS, the City of La Quinta (hereinafter referred to as "City") was a member of ACIIS and paid certain fees into ACIIS; and WHEREAS. the County has used the ACIIS fees to pay for certain ACIIS expenditures; and WHEREAS, it is now the desire of the County of Riverside to terminate the ACIIS Program and to return to Cities, on a prorated share, the balance of fees remaining in the ACIIS Program fund; and WHEREAS, it is the desire of County to resolve all and any remaining issues with respect to ACIIS Program with the Cities by the prorated refund of the fees referred to above. IT IS THEREFORE AGREED between County and City as follows: County will determine an estimated balance of fees paid into the ACIIS fund as of June 30, 1999. The estimated balance of these funds as of June 30, 1999, is $2,096,514.01. 2. County will determine the total amount of fees paid into the ACIIS fund by Cities as of June 30, 1999. It is estimated at this time that the total amount of money paid into the ACIIS Program by Cities is $2,723,323.34. I " �J•1 3. County will determine each City's share of the remaining balance based on a prorated i calculation of the total amount of fees paid into the fund by all Cities compared to the amount of fees City paid into the ACIIS fund. 4. City has paid to the ACIIS fund the total amount of $71,760.60 and its prorated share is 2.6338 %. 5. Cities will receive a refund from the ACIIS fund based on that prorated calculation share. 6. City and County agree that it may take several months to fully close out the ACIIS Program and that certain expenditures will continue or will not be received until after June 30,1999. 7. County shall pay City 75% of its estimated prorated share of the ACIIS fund balance by July 15, 1999. 8. County shall finalize the ACIIS fund balance no later than October 31, 1999, and shall pay City any remaining prorated share balance within 30 days of that final accounting. 9. City acknowledges and agrees that this Agreement is a Settlement and Release as to any and all claims that City may have against County arising out of the ACIIS Program. 10. City and County acknowledge and agree that this Settlement and Release Agreement does not constitute an admission of liability by either party. 11. City acknowledges and agrees that County is or has established a new criminal identification and information system, to be known as the Record Management System (hereinafter referred to as "R IS") and that the County shall establish a fee schedule for participation in RIMS that is separate and apart, and is in no way connected with the ACIIS Program or in any way connected with the Settlement and Release herein. CITY Dated: By: Dated: RMP.av 05/'0,')9 Title: COUNTY By: Title: 3 cci4 4 XP Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCILIRDA MEETING DATE: July 6,1999 ' CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Approval of a Memorandum of Understanding with the PUBLIC HEARING: County Emergency Medical Services (EMS) Agency for Joint Monitoring of Emergency Ambulance Services RECOMMENDATION: Approve the Memorandum of Understanding (Attachment 1) with the County Emergency Services Agency for joint monitoring of emergency ambulance services, and designate the Director of Building and Safety to serve on the EMS Administrative Group. FISCAL IMPLICATIONS: If American Medical Response (AMR) fails to meet response time or performance standards as outlined in the contract (Attachment 2), fines will be levied. A portion of the monies generated by the fines would be paid to the City. Collected fines could be used for purposes that supplement the Emergency Medical Services system. Possible expenditures include the purchase of first responder equipment and training enhancements for the City's volunteer fire fighter companies. CHARTER CITY IMPLICATIONS None BACKGROUND AND OVERVIEW: In September of 1998 the County of Riverside's Emergency Medical Services (EMS) Agency entered into a contract with American Medical Response (AMR) for the provision of emergency ambulance service in the Coachella Valley. The agreement gives AMR the exclusive right to operate Advanced Life Support (ALS) ambulances in the cities of La Quinta, Desert Hot Springs, Palm Springs, and Coachella, and the unincorporated areas of the Coachella Valley. The cities of Palm Desert, Rancho Mirage, Indian Wells and Indio contract for ALS ambulance service with the Riverside County Fire Department. Cathedral City provides emergency ambulance service through its own fire department. S:\CITYMGR\CCSHELL.WPD 3 U The County's contract with AMR sets performance criteria that the provider (AMR) must meet or be subject to monetary penalties. The provider standards for La Quinta mandate that AMR arrive on the scene of a medical emergency within 10 minutes from the time that 9-1-1 dispatch notifies AMR of the incident. A detailed schedule of penalties associated with sub -standard performance is included in Schedule E, Section II-D of the contract. The contract in its entirety is provided as Attachment 2. Also included in the contract, as Schedule E, Section I, is the provision for the establishment of an EMS Administrative Group. The purpose of the Group is to monitor performance of AMR and to make recommendations to the County EMS Agency for improvements to the system. Per the contract, each City served by AMR shall designate one representative to serve on the Administrative Group. The Group has already met three times on a quarterly basis with the Director of Building and Safety representing the City of La Quinta. Staff is recommending that the Director of Building and Safety continue to represent the City on the Administrative Group. Involvement with the Administrative Group and aggressive follow-up by City and EMS Agency staff on any performance deficiencies of AMR, will help to insure that an acceptable level of emergency ambulance service is maintained within the City. Staff will continue to monitor the state of emergency ambulance service in the City and keep the City Council apprised of significant developments. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Memorandum of Understanding with the County Emergency Services Agency for joint monitoring of emergency ambulance services, and designate the Director of Building and Safety to serve on the EMS Administrative Group; or 2. Do not approve the Memorandum of Understanding with the County Emergency Services Agency for joint monitoring of emergency ambulance services, and do not designate the Director of Building and Safety to serve on the EMS Administrative Group; or 3. Provide staff with alternative direction. S:\CITYMGR\CCSHELL.WPD Respectfully submitted, f Tom Hartung, Director of Building and Safety Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . MOU for Joint Monitoring of Emergency Ambulance Services 2. Contract between the County of Riverside and AMR C ) S:\CITYMGR\CCSHELL.WPD v .._ ,:. A ATTACHMENT 1 MEMORANDUM OF UNDERSTANDING (MOU) FOR JOINT MONITORING OF EMERGENCY AMBULANCE SERVICES This MOU is entered into pursuant to Schedule E-I in the Agreement for "ALS Exclusive Operating Areas - American Medical Response Master Contract" (hereafter referred to as "the Contract"). The City of La Quinta hereby known as "City", and the County of Riverside, acting through its Emergency Medical Services (EMS) Agency, do enter into this Agreement with reference to the following facts: A. The participants agree to consult on issues regarding provider performance, changes or cancellation of the contract with the provider and distribution of performance penalty monies received under the performance based contract and other decisions related to administration of the contract. B. By entering into this MOU, the participants do not waive or otherwise relinquish any legal rights or obligations as they may have under law. Now therefore the participants agree as follows: The EMS Agency will provide staff for day-to-day management and administration of the Contract with regular reporting of performance to the EMS Administrative Group described in 92 below. 2. Each participating agency will designate an individual to serve on an EMS Administrative Group that will mutually review performance reports, monitor contract compliance and determine use and allocation of performance penalty monies received from the provider as well as other duties mutually agreed to, on behalf of the city. The individual will be the City Manager or designee from each city, the Riverside County Fire Chief or designee in the unincorporated areas, and the EMS Agency Director or designee. 3. The term of this agreement shall begin September 15, 1998 and run through June 30, 2003, or throughout the term of the Contract if extended, with the emergency ambulance provider. 4. There shall be no assessments to the City for the costs of administering the Contract or this MOU. Performance standards will be as specified in the Contract between Riverside County and the emergency ambulance provider, or as otherwise modified from time to time. 6. City may request modified services as provided by the Contract, subject to negotiated costs or savings and EMS Agency approval. 3 MOU Page 2 of 2 City will invoice the County of Riverside EMS Agency annually for payment of penalties. Ambulance rates will be set in accordance with County and HSA policy with input from the involved cities. 9. All notices, statements, demands, requests, consents, approvals, authorizations, agreements, appointments or designations hereunder shall be given in writing and addressed to each party to this MOU. 10. The participants agree to cooperate in carrying out the purposes and intent of this MOU and to execute, acknowledge and deliver all additional agreements, instruments or other writings reasonably necessary to carry out this MOU. However, no party hereto shall be compelled to surrender its discretionary powers of approval as contemplated in this MOU by virtue of this covenant. City of La Quinta Signature Title County of Riverside Date Date COUNTY OF RIVERSIDE HEALTH SERVICES AGENCY ATTACHMENT 2 O F R ,�e' •� `� OUNiT C)� A% O r4 �rn � I i M,q.' 9 18q FOR COI TNT' I',.F nNi Y, COL-NTY DEPT'DIVISiON GRANT - CONTRACT NO_ EMS DPH99K.066 FUND'DEPT ORG. BRCH APPROP." LINE PROJECT CODE ITEM 1001-4-0 661-77 CONTRACT MANAGER PERIOD OF PERFORMANCE Michael Osur September 1. 1998 through (see (909) 358-5029 contract page I'') F.1.C.A. FEDERAL ID NO CONTRACT AIMOLNT See Schedules B. C. D R. G. REVENUE CODE CONTRACTOR REPRESENTATIVE 69 7G Erik Mandler (909) 782-4000 PROGRAM NAIME AL S EXCLUSIVE OPERATING AREAS - AMERICAN MEDICAL RESPONSE MASTER CONTRACT This agreement is made and entered into b% and between the Count- of Riverside. a political subdivision of the State of California. through its Health Services Agency. Department of Health Emergency Medical Service, hereinafter referred to as COL-,,TY and American Medical Response. a California corporation. hereinafter referred to as CONTRACTOR. NOW THEREFORE in consideration of the mutual promises. covenants and conditions hereinafter contained. WHEREBY the Parties intend to execute a single Agreement constituting formal designation of AIMERICAN MEDICAL RESPONSE as an authorized part of the Riverside COUNTY EMS System under Health and Safety Code Section 797.1-S. an EMIT-P Service -Provider Agreement under Title CCR Section 10016S(b)(4). a written agreement regarding the provision of prehospital emergency medical se: -%ices under Health and Safety Code Section 1797 201. and the Emergenc:. Medical Services Plan as approved by the COL_",,TY of Riverside Board of Supervisors on December 20. 199-1: THE PARTIES HERETO MUTUALLY AGREE as provided on pages I through 5-1 and Schedules A through K. .attachments 1 through = . and Appendix I. attached hereto and incorporated herein. and in accordance therewith have executed this Agreement. .-,CMERIC.Ati MEDICAL RESPONSE TITLE DATE STREET ADDRESS CITY STATE AND ZIP COUNTY OF RI`'ERSIDE Kenneth B. Cohen. Director Health Services Agenc% Chaimerson_ Board of Supervisors M : ;; 00 � RECITALS .an efficient and effective County ENIS system is a matter of significant import to the safety, health and welfare of the public. The County through its local EMS Agency is responsible for the planning. implementation. and evaluation of the County EMS system. The responsibilities of the County include the implementation of an ALS program. The County desires to institute an ALS program through agreements with ALS providers. The development and implementation of an ALS program shall be a part of. but not limited to. the Countv's EMS system. No person or entity may provide ALS sen�ices unless that person or entity is part of the Countv's EMS system as authorized by the local EMS A2encv. The County desires the ALS program include ALS ambulance service providers that will provide said services on an emergency basis as part of the Countv's EMS system as provided for by the Countv's EMS Plan. To ensure an effective and viable EMS system. selected ALS ambulance sen•ice providers must meet. and continue to comply with. standards set by the local EMS Agency. The Count-,,- is vested with the power to award Exclusive Operating Areas in the County for ALS emergency ambulance service providers. Said Exclusive Operating .areas include unincomorated and incorporated areas of the County. .ALS emergency ambulance service providers selected to provide service in an Exclusive Operating Area(s) will be required to provide services to persons who are indigent or subject to a mental health evaluation hold pursuant to Welfare and Institution Code Section 5 150. for whom the County may be financially responsible for in whole or part. or who qualify for MISP benefits which the County administers. Contractor is willing and capable of providing ALS emergency ambulance service as required by County and seeks the County's authorization to provide said service. Contractor seeks the County's designation as an Exclusive Provider of ALS emergency ambulance services to the public in those areas of the County designated under the terms and conditions of this Agreement. Contractor acknowledges that County incurs costs in meeting its responsibilities in maintaining a viable County EMS system and ensuring that the standards set forth the Countv's EMS system and its providers are maintained for the public's safety, health and welfare. 1. OBLIGATIONS OF COUNTY 1.1 County shall designate Contractor as the exclusive provider of emergency and ALS ambulance service within the area(s) identified in Schedule A. As necessary for public safen'. health and welfare or to ensure an effective county EMS system. County reserves the right to make adjustments to the Exclusive Operating Area(s). Any changes in Exclusive Operating Area(s) shall be subject to County providing written notice to Contractor. In the event of such anticipated change( s ). Contractor may issue a request for renegotiation seeking a change in response requirements or other such changes as may be necessary to compensate Contractor for actual or potential loss of revenue. In the event the parties are unable to agree upon any such amendment(s) within sixty (60) days of Contractors written request for renegotiation. Contractor may terminate this Agreement upon 180 days written notice. 1.1.1 Nothing in this agreement shall prohibit Contractor from entering into a subcontracts) for the provision of staffing and certain other services with fire service agencies to perform some of the services required of Contractor hereunder. Any such subcontract shall be approved by County, which approval shall not be unreasonably withheld. No subcontract appro,,ed by the County shall be deemed a change in "manner and scope" of the services rendered by Contractor within the meaning of section 179 7 .=24 of the Health and Safety Code. If appropriate. County shall incorporate any such subcontract in its neat amendment to its local EMS Plan. l.? County shall ensure Contractor. as an essential EMS system provider. %will be so designated under the Countv's EMS Plan and has the opportunity to participate on relevant Countv EMS and other County committees and functions. 1. County shall incorporate the operation of the Contractor as an exclusive emergency ambulance provider into the Countv's ALS and disaster planning programs and trauma system. 1.4 County shall institute administrative procedures and processes to effectively and efficiently fulfill its obligations under applicable law or regulation as it may effect Contractor's obligations under this agreement including. but not limited to. data collection and evaluation. medical control oversight. personnel training and certification or accreditation. 1.-� County shall institute administrative procedures and processes to effectively and efficiently ensure that Contractors obligations under this agreement and as may otherwise be reeuired by law or regulation are satisfied. 1.6 County shall pay Contractor on a quarterly basis funds appropriated for Medically Indigent Service Program (MISP) emergency ambulance transportation as set forth in Schedule B for reimbursement of services provided to eligible County MISP patients. The provisions of this paragraph are contingent upon County's receipt of state funds from the MISP account as provided in % elfare and Institutions Code Section 1670',. 1.7 County shall pay Contractor the amount specified in Schedule C as total compensation for providing emergency- ambulance sen-ices to County indigent patients. Payments will be made on a quarterly basis. County indigent patients will not include those patients meeting the definition of MISP patients. Ls Count-,-. through its Department of Mental Health, shall pay Contractor in accordance with Schedule D for patients referred to in Section 2.10. Payments made thereunder shall be on a quarterly basis. 1.9 County representatives may and will, at anytime and without notification, directly observe Contractor's facilities and operations. The County representatives shall conduct themselves in a professional and courteous manner. shall not interfere with Contractors employees in the performance of their duties. and shall at all times be respectful of Contractor' employer/employee relationships. The County representative shall provide identification consistent with the performance of these duties. 1.10 Counr%- shall. except as otherwise provided herein. utilize Contractor exclusively for the provision of around prehospital emergency ambulance service at emergency scenes and shall dispatch Contractor in response to all 9-1-1 calls reasonably requiring an ambulance response within the Exclusive Operating Area(s) as shown in Schedule A. 2. OBLIGATIONS OF CONTRACTOR 2.1 Contractor's response time on requests for service originating within the designated Exclusive Operating Area(s) shall meet the ALS standards for the County as set forth in Schedule E and as specified in Sc�iedule A. As necessary for public safety. health. and welfare, Contractor acknowledges that County reserves the right to modify its :ALS standards and response times subject to prior written notice to Contractor of any such proposed change: provided. however, that Contractor shall be entitled to a rate increase or other modifications in the .Agreement sufficient to compensate Contractor for demonstrated additional costs. if any. of any shortened response time requirements. County shall also consider in good faith any proposed lengthening of response time requirements proposed by Contractor in connection with any proposed subcontract between Contractor and a fire agencv for ALS first responder services. County shall not unreasonably withhold approval of any such proposed response time requirements and proposed subcontract. ... Contractor agrees that the performance of services under this Agreement shall conform to high professional standards and shall comply with all applicable provisions of the County's ENIS Policy and Procedures. and will meet the standards set forth in Schedule E.. Advanced Life Support Standards for Riverside County, unless exempted in accordance with Schedule E. �.3 Contractor shall at all times during the term of this Agreement maintain in force those insurance policies and bonds as designated in Schedule F. and will comply with all requirements thereof. except such requirements as may be waived by County- in writing. Such policies may include such exclusions. exceptions and limitations as are customary. Failure by County to object to any policies submitted by Contractor within sixn" (60) days of submission shall be deemed approval by County of such policies. -). 1 The Contractor agrees that no assignment of their rights or obligations under this agreement shall be assigned or otherwise granted to any third party without County's prior written consent which shall not be unreasonably withheld: nor shall any party hereto assign any monies (if any) paid by County under this Agreement to any third part without County's prior written consent. '.> Contractor agrees that any change in its ownership will be subject to review by the Contract administrator. The Contractor's owner. in conjunction with the purchaser. shall provide an indemnification in satisfactory form to the County assuring that the new- owner of Contractor will continue to meet Contractor's obligations under this Agreement. 6 J�.1 16 Contractor shall provide continuous. 24 hour a day prehosptial emergency transportation services for the area(s) designated in Schedule A. '.7 Contractor shall provide a fully staffed and response ready ALS transport unit. 24 hours a day. to service the Mountain Plateau area. The location of the station of said ALS transport unit shall be approved by County EMS. 18 Contractor shall provide continuous. 24 hour a day dispatch services for all areas as specified in Schedule A. This shall include a back-up generator with the ability to function for 72 hours without access to outside power. ?.9 Contractor will pay County the amount specified in Schedule G for the cost of equipment for data collection and analysis and dispatch services. _.10 Contractor shall provide ambulance transportation for persons in apparent need of mental health treatment or a hold pursuant to Section 5150 of the Welfare and Institutions Code pursuant to the standards and procedures set forth in Schedule H. 111 Contractor shall adhere to the County's EMS policies regarding quality assurance and quality improvement. and participate in the creation and operation of these programs for the County's EMS system. "A 1.1 Within 60 days of execution of this Agreement. Contractor will submit a written quality improvement plan for its operations under this Agreement to the EMS agency Medical Director for approval. Said quality improvement plan shall provide an appropriate person to supervise Contractors Medical Quality Improvement Program. ..1 Contractor shall participate in a program of mutual aid with other authorized ALS emergency- ambulance providers as established. or otherwise approved. by the Contract Administrator. 012 2.111 Contractor shall make a good faith effort to develop mutual aid agreements within 60 days of execution of this Agreement. 2.12 2 The number of backup requests by Contractor shall not exceed three percent (3 percent) of its call volume in any consecutive 30-day period. �.13 Contractor's ambulances shall meet the standards. subject to Contract Administrator's authorivv� to alter. as specified in Riverside County Ambulance Ordinance No. 756 as may be amended from time to time or other enacted County ordinance or resolution_ governing the provision of ambulance equipment. All vehicle lettering. markings. and colors on ambulances and supervisor vehicles must be approved by Contract Administrator. 114 Contractor shall comply with the following record -keeping and reporting requirements: 2.14.1 File with the County performance reports -within fifteen (1 5) working days after the end of each month. 2.14.2 Document and report to the Contract Administrator each emergency call dispatched which did not meet response time requirements and each failure to properly report on -scene time. Contractor shall identify in said report the causes of these failures of performance and shall document its efforts to prevent further recurrence. ..14.3 Utilize a CounT< approved "Patient Care Report Form(or approved electronic versi n ) for every patient contact. whether or not patient was transported_ which shall be distributed in accordance with the local EVIS Agency's policy. ..15 Contractor accepts the Contract Administrator's authority- to investigate concerning all aspects of Contractor's operation relevant to the assurance that patient care services under Contractors operation are performed in a safe and reliable manner. Accordingly. Contractor shall provide. in a timely and regular manner. all records. information. and reports requested by the Medical Director to evaivate the emergency medical services provided by the Contractor under this Agreement and execute attachments , and 3 to this agreement as requested by County. 2.16 Contractor shall adhere to all federal, state and County regulations, policies, and protocols concerning the confidentiality of patient/medical records. ?.17 Contractor shall be responsible for maintaining a business office located in the County and shall designate an on -duty employee or officer available on a 24 hour basis and authorized to act on behalf of Contractor concerning its operational activities. 118 Contractor shall provide annual employee turnover reports in the format required by the Contract Administrator. Said reports shall describe the status and changes in Contractor's (certified and licenced ) personnel. 119 Contractor shall ensure that all appropriate employees and agents hold necessary certification, license. or accreditation and shall maintain the records of such and they comply with all training requirements as required by applicable state and local regulation, policy, and protocol. -?0 Contractor shall not discourage or prevent its employees or agents from sharing information with the local EMS Agency concerning problems concerning the County's EMS system. including problems with the Contractors operations. with appropriate County personnel or officers. 1 Contractor shall notify Counn of any threatened labor action or strike which would adversely affect its performance under this Agreement. At the time of lid notice. Contractor shall provide County and other affected public entities with a written plan of proposed action in the event of any threatened work force action/strike. Contractor shall, to the best of its ability. assist in other areas of the Countv outside of its designated Exclusive Operating Area as directed by the Contract administrator because of medical disaster. mass casualty. or other reason necessitated for the safetv. health and welfare of the public in the County or other public jurisdiction. 2. 3 Contractor agrees to participate and assist in the development of system changes subject to Contractor's night to a rate increase sufficient to reimburse Contractor for anv increased cost arising from such chance. 2.24 Contractor shall comply with the fee schedules and rates as shown in Schedule I. 2.25 Contractor agrees to act in good faith in collaborating and subcontracting with local agencies (cities and fire departments) for the development and implementation of enhanced services such as first responder paramedics. All such arrangements shall be approved by County EMS. '.'5.1 Contractor may request from time to time, an increase in ambulance rates to enhance EMS programs. subject to County approval. Contractor shall be entitled to rate increases as specified in Schedule I. '.26 Contractor shall comply with all pertinent laws, regulations and rules of the federal, state. and Count-,- in the performance of this Agreement. '.' % Contractor shall not discriminate in the provision of services, allocation of benefits. accommodation of facilities. or employment of personnel. on the basis of ethnic group identification, race. color. creed. ancestry. religion. national origin, sexual preference. sex, age (over 40). marital status. medical condition. or ph-v-sical or mental handicap. and shall r )mply with all requirements of the law regarding non-discrimination and affirmative action including those laws pertaining to the prohibition of discrimination against qualified handicapped persons in all programs or activities. 0, 10 " - ,-? ?.? 7.1 For the purpose of this Agreement. distinctions on Grounds of race. religion. color. sex. national origin. age. or physical or mental handicap include. but not limited to. the following: 2.27.1.1 Denying an eligible person or providing to an eligible person any services or benefit which is different, or is provided in a different manner or in a different manner or at a different time from that provided to other eligible persons under this Agreement. 2 27.1.2 Subjecting an eligible person to segregation or separate treatment in any manner related to his/her receipt of any service, except when necessary, for infection control. 2? 7.1. Restricting the ineligible person in any way in the enjoyment of any advantage or privilege enjoyed by others receiving a similar service or benefit. 2.'7.1.' Treating an ineligible person differently from others in determining whether he/she satisfies an eligibility, membership, or other requirement or condition which individuals must meet in order to be provided a similar service or benefit. '.' 7.1. ', The assignment of times or places for provisions of services on the basis of race. religion. color. sex. national origin. age, or physical or mental handicap of the eligible person to be served. 2.28 Contractor shall guarantee its performance under this agreement in the form of an irrevocable letter of credit performance bond in the manner acceptable to the County for the sum of three million dollars (S3.000.000.00) within ninety (90) days of contract approval. V.�6 3. MUTUAL OBLIGATIONS .1 The Parties agree nothing in this Agreement shall prohibit fire service agencies from providing paramedic level first response personnel and vehicles as approved by the local EMS Agency. The Parties agree that as to any- material and/or supplies issued to the other, said material and'or equipment shall be returned in good working order. normal wear and tear accepted. except as otherwise provided herein. On the termination of the agreement any material or equipment exchanged by the parties under the agreement shall be identified and recorded by each party. 3.3 The Parties agree that if Contractor becomes unable to perform services under this Agreement. either through breach of contract or other circumstances beyond its control, County shall be entitled. at the option of the County and as otherwise allowed by applicable law. to possess and use Contractors ambulances and all of the equipment contained therein for a period not to exceed the duration of the Contractor's inability to perform. County shall then return the ambulances and equipment to Contractor in as good a condition as when received. reasonable wear and tear accepted. Counn, shall pay to the Contractor a monthly rental. set forth in Schedule J. per equipped ambulance so used. County shall assume all liability and cost arising out of its use and possession of Contractor's ambulances under this section. 1 The Parties agree to mutually defend. indemnifi . save and hold harmless the other and its officers and employees from and against claims. costs. demands. causes of action. suits, lawsuits. expenses. or other detriment or liability arising from or out of their respective negligence or wrongful act regarding their respective performances under this Agreement. 4. CONTRACT PROVISIONS -i.1 Definitions - For the purposes of this Agreement the words and phrases shall have the meaninas ascribed to them as set forth in Schedule K. 4? Term - The term of this Agreement begins upon the execution of this Agreement by each party and shall continue until June 30, 2003, subject to renewal for two (2) three (3) year extensions upon mutual consent of the parties. Each party's intent not to renew shall be given by written notice at least 6 months 0 80 days) prior to contract expiration. 4.3 Termination - Either party may terminate this Agreement at any time upon one year- s (365 days) notice to the other parry. 4.3.1 The Parties agree. apart from the provisions of this section, may otherwise agree in writing to terminate this Agreement in a mutually satisfactory manner. 4.4_ylaterial Breach - County may terminate the Agreement or pursue other appropriate legal remedy. at its option, if Contractor materially breaches the Agreement. The Contractor shall have 30 days from the receipt of written notice to correct the material breach; provided. however. the Contractor shall have additional time to cure in the event the nature of the breach is such that it cannot be cured. with the exercise of reasonable diligence within such 30-day period. In the event Contractor fails to cure the material breach within the 30-day period (or, with respect to any breach which cannot reasonably be cured within such period. such additional time as is reasonably required o cure such breach with the exercise of reasonable diligence). this Agreement may be terminated. 4.4.1 The Parties agree that the circumstances constituting material breach by Contractor include. but are not limited to. the following: 4.4.1.1 Failure of Contractor to operate its service in compliance with applicable federal. state and Counn, laws. regulations and policies. 13) 4.4.1 ? Willful falsification of data supplied to County during the course of operations under this ALYreement. 4.4.1.3 Repeated failure to meet response time requirements after receiving notice of non-compliance from the Contract Administrator. Repeated failure shall mean Contractor's failure to meet response time requirements for three (") or more consecutive months. or. five (5) or more months in any consecutive twelve (12) month period. 4.4.1.4 Failure to maintain the required insurance. 4.5 Attornev Fees. Governing Forum and Law - In any claim, suite, or proceeding brought or instituted by the parties to enforce any of the provisions of the Aareement or to seek damages. the prevailing party shall be entitled to recover reasonable attornev's fees. costs, and necessary disbursements. Such actions shall be brought in the courts or other forum, in or as appropriate for the County. The laws of the State of California shall govern. 4.6 Notices - All notices required hereunder will be in Writing and served personally or by certified mail. return receipt requested. postage prepaid, at the addresses shown below: CONTRACTOR: American Medical Response - Riverside 1044 E. La Cadena Drive Riverside. CA 92501 Attn: Director of Operations COLi\TY: Riverside County Department of Health 4065 C(- lnty Circle Drive Riverside. CA 922503 Attn: EMS Agency 14 4.7 Entirety of Agreement - This Agreement (with attachments and schedules) constitutes the entire agreement between the parties as to the matters and obligations set forth herein, and there are no other agreements, understandings, warranties, or representations. 4.8 Binding Effect - This Agreement will inure to the benefit of and bind the respective parties. their successors, personal representative, and permitted assigns. 4.9 Headings - The headings in this Ageement are inserted for convenience of reference only and are not to be used in construing or interpreting any provisions of this Ageement. 4.10 Counterparts - This Agreement may be executed in any number of counterparts, any of which shall constitute the Agreement between the parties. 4.11 Invaliditv - If any part of this Agreement should be determined by a court of competent jurisdiction, or any state or federal agency, to be invalid or unlawful, the invalid or unlawful provision shall be deemed stricken and the remainder of the Agreement shall not be invalidated thereby. The laws of the State of California shall apply to the enforcement of this Aareement. 4. 12 Omnibus Provision - Until the expiration of four (4) years after the furnishing of any services under this Agreement. Contractor shall make available, upon written request, to the Secretary of the United States Department of Health and Human Services. or to the United States Comptroller General, or to the State of California. or any of their fully authorized representative. this Agreement and such boo'.s. documents, and records as are necessary to certify the nature and extent of the reasonable cost of those services. 4.13 Delav in Commencement - If the commencement date of this Agreement is delayed by events outside the direct and immediate control of the parties, no party shall be liable to any other for any loss caused by such delay. 1� y 4.14 Waiver - The failure of either pam- to insist upon strict enforcement of any part of this Agreement. in one or more instances. shall not be construed as a future waiver of that part or of any other part of the Agreement. 4. 15 Third Partv Beneficiary - This Agreement shall not be deemed to have been made for the express or implied benefit of any person or entity not a party hereto. -t.16 Modification - From time to time. amendments or modifications to the provisions of this Agreement may be initiated by either part hereto and may be incorporated into the Agreement by mutual consent of the parties. 4.17 Identification of Minority. Women. Disabled Veteran Business Enterprises - In compliance with federal and state requirements and County policy to promote the active participation of Minorite, Women and Disabled Veteran Business Enterprises (M/W/DVBE's) in the Countv's contracting activities. the County of Riverside Board of Supervisors has implemented a data collection mandate. Contractor is respectfully requested to complete the form attached hereto which is identified as Attachment 1. -1.18 Independent Contractor - This Agreement is an agreement by and between independent contractors and is not intended. and shall not be construed. to create any relationship of agency. servant. employee. partnership. joint venture or association. 4.19 Government Claims Act - Prior to any legal action or to the Arbitration of any dispute with County. Contractor must first comply with the provisions of the Government C1 .ims Act. 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V ba Rn.�,wd• Courts• Ci9� QUAIL INAP GENERATED BY THE -:- — - WESTERN RIVERSIDE COUNCIL ^. ^vim r, _ - ?-f-•y%= -_— _^ •- - - OF GOVER1*4NIS GIS RESOURCE ... m.00ad� �n a.�.r.ca,ea r - � • � ' baq Oq�we+d/W4 MsfA (Hwv. t194 •� L d►C�- _ . i.�.�. db+a •wv.r..w.+...�r 4 n.a.. i; it W Q O •J 5 5 4 - E' W ;Y E E E S b< I CARAZON VISTA Stetson Am* L f C; E N D� Rnmire rimy, c— c MAP GENERATED BY THE WES7ERN RIVERSIDE COUNCIL OP GOVERNMENTS CIS RESOURCE 5— T- c—.,f c.—Yfx- -o—how --:7TZ- 2 ---------- PINE Emergency Ambulance Exclusive Operating Areas (Mountain Plateau Zone) NOTE Mountain Plateau Area does not inciude, areas covered by Idyflwild Fire Protection Ofstrict or Fine Cove. -.ram. .:..r'"`.�,• .M1'. �.. M� � •--, • i5 0 it W �z Schedule B NIISP REIMBURSEMENT SCHEDULE Provider Yearly Quarterly American Medical Response 91.000 22,750 Note: Contractor will not bill MISP patients for services rendered under this Agreement. 27 Schedule C INDIGENT SERVICES REIMBURSEMENT SCHEDULE Provider Yeariv I Quarterly American Medical Response 441.000 F 110.250 'g Schedule D MENTAL HEALTH REIMBURSEMENT SCHEDULE Provider Yearly Quarterly American Medical Response 90,000 I '11�00 29 Schedule E RIVERSIDE COUNTY ALS PROVIDER STANDARDS I. EMS ADMINISTRATIVE GROUP Each exclusive operating area will designate a group of individuals to form an EMS Administrative Group. This group will monitor the performance of the Contractor in their area and make recommendations to the EMS Agency for improvements to the system. Each cite will designate one representative and an alternate to serve on this group. Each city will also sign a Memorandum of Understanding (MOU) with the County regarding this EMS Administrative Group. Nothing in such MOU shall delegate any rights of County under this Agreement. II. AMBULANCE RESPONSE TIME PERFORMANCE STANDARDS AND PENALTIES A. Calculation of Response Times Response times shall be calculated from the time of the 9-1-1 call notification by City. County or other approved dispatch center to the ambulance or ambulance provider (clock will not begin until the ambulance or ambulance provider has received a verifiable address and nature of call) until the time that an ambulance notifies the City or County or other approved dispatch center of its arrival at the scene of the emergency medical service call or staging area or until the ambulance is canceled by the dispatch center. If an ambulance response is downgraded by the dispatcher. the response time will include the time from its initial dispatch until the time it is downgraded. B. Response Time Standards The following is the response time standard for Code ; requests for emergency ambulance service originating from within the Area as defined in Schedule A. Contractor must meet all response time criteria 90% of the time in each zone and overall for all zones. Notwithstanding the foregoing. County shall consider in good faith any proposed lengthening of response time requirements proposed by Contractor in connection with any proposed subcontract between Contractor and a fire agency for .-BLS First 1= .:sponder Services. County shall not unreasonably withhold approval of any such proposed response time requirements and proposed subcontract. 1. Ten (10) Minute Response Zone Contractor shall place an ambulance at the scene within ten (10) minutes. as measured by a digital clock. from the time that the ambulance is dispatched in areas defined in Schedule A. d 30 t'�r� .Schedule E 2. Fourteen (1 4) Minute Response Zone Contractor shall place an ambulance at the scene within fourteen (14) minutes. as measured by a digital clock. from the time that the ambulance is dispatched in areas defined in Schedule A. 3. Twenty (20) Minute Response Zone Contractor shall place an ambulance at the scene within twenty (20) minutes. as measured by a digital clock, from the time that the ambulance is dispatched in areas defined in Schedule A. C. Response Time Exemptions In the monthly calculation of the Provider's response time performance, every emergency medical service call originating from within the emergency ambulance provider exclusive operating area shall be included except as follows: 1. In case of a period of unusual system overload, e.g., multiple incidents with multiple victims or a large number of victims from a single incident (e.a.. bus crash. plane crash, etc.). For purposes of calculations, unusual system overload will not exceed 30No of provider's monthly call volume. 2. Good cause for an exemption as determined by the Contract Administrator. The burden of proof that there is good cause for the exemption shall rest with the Contractor and Contractor must have acted in good faith. The alleged good cause must have been a substantial factor in producing the excessive response time. Good cause for an exemption may include, but is not limited to. the following scenarios: a. Incorrect or inaccurate dispatch information received from a calling party_ or 911 Public Safety Answering Point or from a public safety agency. b. Disrupted voice or data transmission c. Inability to locate address due to non-existent address d. Unavoidable delay caused by traffic congestion when there is no alternate access to the incident that would permit Contractor. with reasonable diligence. to meet the response time criteria. e. Unavoidable delays caused by road construction and/or closure f. Unavoidable delays caused by trains Schedule E g. Off -road or off -payed road locations. if such conditions hamper the response time to safely respond to such locations h. Weather conditions which impair visibility or create other unsafe driving conditions D. Response Time and Performance Penalties and Repercussions 1. Penalties If Contractor fails to meet the response time standards or performance standards in the delivery of service. except as otherwise exempted. Contractor shall be assessed penalties in the following amounts: a. For each response Contractor exceeds the response time standard. the following amounts shall be assessed: 0.01 - 1 minute = S20.00 1.01 - 2 minutes = S40.00 2.01 - 3 minutes = S60.00 3.01 - 4 minutes = S80.00 4.01 - 5 minutes = S 100.00 �.01 - 6 minutes = S150.00 6.01 - 7 minutes = S 160.00 7.01 - 8 minutes = S 170.00 8.01 - 9 minutes = S180.00 9.01 - 10 minutes = S 190.00 more than 10.01 minutes=S200.00 b. S400.00 for any incident when Contractor refers a call to a BLS unit, except as expressly permitted by County. c. S200.00 for failure of the ambulance crew to report their arrival at -scene and the at - scene time is not verifiable by other reliable means.. d. For each calendar month in which Contractor has met less than 90 percent of the response time standards overall. Contractor shall be assessed an additional lump sum for each percentage point below 90 percent. or portion thereof. These shall be: (1) 89 - 89.99°%0 = S 1.000.00 (2) 88 - 88.99% = S2.2f,0.00 (3) 87 - 87.99% = S3.750.00 (4) 86 - 86.99% = S-5.800.00 (5) 85 - 86.99% = S7.800.00 (61) <8e% = S11.000. -' 037 Schedule E The Contract Administrator will inform the Contractor of the incidents and fines incurred on a monthly basis. Contractor shall be entitled to appeal any such incidents and fines to the Contract _Administrator within ten (10) days of receipt. Unless the Contract Administrator reverses such fines. Contractor shall pay all fines within 45 days of receipt of the notification. A late payment charge of five (5) percent will be assessed monthly if no payment is received after the 45 day of receipt of the notification. Fines shall be paid to the Contract Administrator. Collected fines will be used for purposes to supplement EMS system costs such . as first responder equipment and training enhancements. E. Phase -In Period For the first three (3) months after Agreement is signed, penalties for response times will be waived. Contractor must meet at least 85% of response time standards in all zones. Penalties must be calculated and submitted to Contract Administrator. For months four (4) through six (6). Contractor must meet at least 881110 of response time standards in all zones. Penalties must be calculated and submitted to Contract Administrator but fines will be waived. For months seven (7) through nine (9). Contractor must meet at least 89% of response time standards in all zones. Penalties must be calculated and submitted to Contract Administrator. Fines will be reduced by 50%. '. For months ten (10) and on. Contractor must meet 90% of response time standards for each zone. Penalties must be calculated and submitted with 100% fines due to Contract Administrator. F. Response Time and Performance Credits Credits of S500.00 will be given for each zone that Contractor meets or exceeds 9210 of response time standards per month. An additional credit of S 1.000.00 will be given to Contractor when all zones meet or exceed 92% of response time standards in a given month. Credits can only be used towards current or future penalties. G. Deployment of Ambulances The Contractor will be responsible for planning the dispatch of ambulances through the provision of a system status plan. f Schedule E 1. Svstem Status Plan a. Contractor will be responsible for providing a written system status plan for the number of ambulances.. their assigned locations. and deployment strategies. This plan shall be submitted within ninety (90) days of the signing of this agreement. The initial plan, and any major modifications to it, shall be approved by the Contract Administrator. Such approval shall not be unreasonably withheld. b. An initial system status plan must be approved by the Contract Administrator. Any changes to the plan must be provided to the Contract Administrator at least thirtm" (30) days before the implementation date of the proposed change. Such approval shall not be unreasonably withheld. III. LEVEL OF CLINICAL SOPHISTICATION A. Medical Control Prospective medical control of EMT-P personnel shall be according to the policies and procedures of the EMS Medical Director. Immediate medical control shall be provided to EMT-P personnel by Base Hospital physicians or mobile intensive care nurses according to the policies and procedures of the EMS Medical Director. Retrospective medical control shall be provided according to the standards set for by the EMS Medical Director through quality improvement programs. including continuing education programs, conducted cooperatively by the Contractor, the EMS Agency. and the Base Hospitals. B. TraininQ/'EducationiCertification/Accreditation 1. Field Training Officers Contractor shall designate a sufficient number of field training officers who shall function as trainers and perform other duties on behalf of Contractor. '. EMT-P Evaluators Contractor shall designate a sufficient .lumber of EMT-P evaluators. for the purposes of evaluating paramedics working for the Contractor. Continuing Education Records The Contractor shall maintain records of continuing education for its EMT-P employees for a minimum of four (4) years. Schedule E 4. Field Care Audits The Contractor shall work cooperatively with the Base Hospitals and the EMS Agency in identifvina and assisting with field care audits. 5. Mandatory Education for Local EMT-P Accreditation The Contractor shall cooperate fully with the E�,1S Agency to notify and ensure completion by EMT -Ps of mandatory education programs. 6. Specialty Education Programs Contractor shall ensure that all paramedic personnel in their employ receive and continuously maintain Advanced Cardiac Life Support certification, Pre -hospital Trauma Life Support, or Basic Trauma Life Support, and Pediatric Advanced Life Support. or other EMS Agency approved paramedic emergency medical pediatric course, certification within twenty-four months of the contract service start date or, for new hire employees (employees hired after the contract service start date), within twelve (12) months of their date of hire. 7. EMT-P Interview by EMS Agency Contractor will cooperate fully with County in the coordination of any interviews of an employee of Contractor by County. D. .-ambulance Staffing 1. After July 1. 1999. alI ALS emergency response ambulances being utilized under this agreement shall be staffed with at least one Riverside County accredited paramedic, who must have completed and been certified in all training listed in IV.C.6_ ?. Subject to the approval of the Contract Administrator this staffing mav_ be modified in special circumstances. IV. PERSONTiEL ANT WORKING CONDITIONS A. Prehospital Personnel Wages and Benefits It is the intent of the Contract Administrator that the Contractor demonstrate a commitment to attract and maintain a stable prehospital personnel work. 35 040 Schedule E B. Unit Hour utilization Units working more than 14-hour shifts should have a fixed station. unit hour utilization for 24-hour units should be no more than 0.4 in any one month per unit. If higher, the system status plan shall be revised- C. Prehospital Personnel Identification All ambulance crew members should, at all times while on duty, wear official identification issued by the Contractor and approved by the Contract Administrator, attached to the outside of their uniform. D. Special Programs for Personnel 1. Critical Incident Stress Debriefing and Ongoing Stress Reduction The Contractor shall establish a critical incident stress debriefing and ongoing stress reduction programs which are documented, well publicized, and readily available to its personnel. An accurate description of this program shall be sent to the Contract Administrator for review and approval. ?. Chemical Dependency The Contractor shall have an organized and documented plan to help its personnel with chemical dependence problems. An accurate description of this program shall be sent to the Contract Administrator for review and approval_ i. Preventative Health Care a. Immunizations Contractor shall provide to prehospital personnel, at no cost to the employee, MMR (measles. mumps. rubella) and HBV (hepatitis B) immunizations, semi-annual tuberculosis PPD test (purified protein derivative) or any other immunization specified by the Count- Health Officer. b. Infection Control Contractor shall have written infection control policies and procedures approved by the County Health Officer. Testing and counseling services shall be provided to empiovees at no cost for employees exposed to serious infectious diseases. The Contractor shall report any known employee exposures to serious infectious diseases to the Countv Health Officer. 36 :� 041 schedule E In compliance with the Rvan White Act (Public Law 101-381) the Contractor is required to specify, a Designated Officer who will be the point of contact for suspected exposures. E. Key Personnel Contractor shall have personnel to fulfill the following functions. Personnel assigned these functions shall be submitted in IATiting to the Contract Administrator within sixty (60) days of signing of Agreement.. While these functions must be filled. Contractor is not required to have an employee solely dedicated to each function. Key job functions shall include: 1. Operational - responsible for all divisional functions on a daily basis, including field operations. contract compliance. quality improvement. training and risk management. This individual will direct, coordinate and monitor overall system performance to ensure high standards of service. budget compliance and contractual compliance. -1. Quality Improvement - responsible for the quality improvement program. This individual will ensure that core values and standards of care are maintained by operations personnel through the recruitment. selection, training_ retraining, and retention of EMT -Ps. This job category may be filled by a private contractor if approved by Contract Administrator. In -Service Training - responsible for training and educational programs. This individual will provide for initial in-house orientation and training as well as ongoing in-service continuing education. This individual will coordinate training efforts with local fire jurisdictions. 4. Fleet Management - responsible for the maintenance of ambulances and support vehicles. System Status / Deployment - responsible for the overall analysis and coordination of resource deployment: responsible for monitoring all system performance to ensure proper vehicle staffing and placement. response time compliance and system status planning. F. Health and Safety Programs 1. Contractor will establish a Health ane �afet-,� Committee whose duties will include. but not be limited to reviewing ad employee accidents and injuries to determine preventability and making recommendations related to health programs. The committee will include a field employee. °J3 37 042 .Schedule E ?. Driver Training Program and Map Reading Contractor will conduct a driver training and map reading program which shall be subject to the approval of the Contract Administrator on an annual basis. Contractor must provide. within ninety (90) days of contract signing, a copy of current ambulance driving policies. V. V"EHICLES AND EQliIPMENT A. Ambulances 1. Ambulance Specifications Contractor shall meet requirements for ambulances as set forth in this Agreement. �. Vehicle Maintenance Program Contractor will institute and maintain a preventative vehicle maintenance program that will require approval by the Contract Administrator. B. Medical Equipment/Supplies 1. Equipment/Supplies Inventory Per Ambulance Contractor will equip and supple ambulances according to the standards set forth by County. This inventory may be modified only with the approval of the Contract Administrator. �. :ambulance Equipment/Supplies Resupply Contractor will submit a written plan for approval by the Contract administrator detailing the plan to maintain adequate equipment and supplies on all ambulances. C. Counn, Approvals County approvals required by this section V shall not be unreasonably withheld. VI. FIRST RESPONDER REQUIREMENTS A. First Responder Equipment'Supplies Contractor will submit a written plan for approval by the Contract Administrator detailing the plans to maintain adequate equipment and supplies for the purpose of restocking supplies used by first responders. Schedule E The first responders supplies which will be restocked to the first responder agency by the Contractor will include all disposable supplies used for the medical care of the patient as set forth in Appendix 1. B. Return of Public Safety Personnel Contractor agrees to return public service personnel who accompany the ambulance crew during transport. to their regular duty station at the earliest possible time following transport of the patient. Alternative transportation. such as taxi or Supervisor. shall be provided when necessary. Contractor agrees to develop and implement a program which reimburses public safety aaencies for such use of personnel. VII. MISCELLANEOUS REQUIREMENTS A. Public Education Programs Contractor will provide a public education program which contains a minimum of 40 hours per Zone per year. Contractor will prepare an annual Public Education Plan with specific goals and objectives to meet or exceed minimum acceptable levels set by the EMS Administrative Group that includes but not limited to CPR and First Aid. This Plan will be submitted to the Contract Administrator and EMS Administrative Group for review and approval prior to implementation. B. Communications with the Electronic or Print Media and Public Information Programs 1. Notifications Contractor will notify the Contract Administrator of communications with the media. C. Out of Service Area Medical Mutual Aid Contractor agrees to send ambulances and personnel to other EMS service area for the purposes of rendering care to a large scale multiple victim incident when requested. D. Communications Center Contractor will provide communications with and between PSAPs and ambulances. In the event of a power outage. Contractor will ensure their Communications Centers are able to function up to three (-) days with auxiliary power. 44 39 '' Schedule E VIII. DATA COLLECTION AND RECORD KEEPING A. EMS System and Patient Data Contractor shall be responsible for the provision of detailed patient and EMS system data. both periodic written reports as well as computerized data, according to specifications set forth by the County and any future guidelines promulgated by the EMS Agency. The data will be prepared in a format specified by the EMS Agencv. B. Patient Medical Records The patient care record form shall be approved by the EMS Agency. This form shall be such that all routing documentation completed by the EMT-P for an emergency ambulance response (such as patient assessment. treatment. and billing information) can be completed on this form. The Contractor shall retain copies of all patient medical records as required by law. These records shall be stored in a manner conducive to easy retrieval. A cope of the patient record shall be supplied to the EMS Agency upon request. C. Prehospital Personnel Records The Contractor shall be responsible for maintaining records for prehospital personnel according to the specifications of the County including, but not limited to. ce tificationilicensure!accreditation employment status. continuing education records. and performance accordance to quality improvement standards. The Contractor will also maintain records for prehospital personnel employee turnover including, but not limited to. the reasons for turnover. Subject to applicable law regarding the privacy rights of employees. these records will be available to the County upon request during regular business hours. D. Field Personnel Incident and Personnel Review The Contractor shall cooperate fully with the EMS Agency Medical Director or his or her designee in inquiries concerning field personnel conduct and behavior. The Riverside County EMS Agency shall be integrated into the Contractor's Continuous Qualitv Improvement Program and will be an active participant in situation and personnel review-. remediation. and disciplinary proceedings that are initiated as a r- sult of substandard patient care. Such cooperation shall include, but not be limited to. provision of relevant patient records, incident reports, participant interviews, incident critiques, and remediation pians. E. Non --Medical Administrative Issues Contractor shall cooperate fully with the Contract Administrator regarding concerns about administrative issues. including Contractor policies. procedures. etc. 40 i 4;) Schedule F CERTIFICATE OF INSURANCE SERVICE CONTRACTS General. Professional and Automobile liability shall be secured in an amount of not less than five million dollars (S5.000,000.00) per occurrence, ten million dollars (S10.000.000.00) aggregate in coverage for the Riverside County service area. for any injury or death arising out of any one incident; Workers Compensation insurance for any and all of the Applicant's employees in accordance with the California Labor Code: As appropriate, said policies shall also name the County and Cities* as an additional insured of such Provider units operating under a valid Provider Permit and shall indemnify and hold harmless the County. its elective and appointive Boards. officers, agents and employees, the EMS Agency and the Medical Director, from any and all claims. suits. liabilities, expenses, costs. damages, or judgments of any nature, including attorney fees, for injury to. or death of any person, and for any injury to any property, including consequential damages of any nature resulting therefrom, arising out of. or in any way connected with any acts or omissions by. or on behalf of the Applicant. its officers. employees, agents, or contractors in performing or failing to perform any services or functions provided for, or referred to, or in any way connected with any work. services, or functions to be performed by the applicant. its officers, employees. agents. or contractors under permit; All policies shall contain a provision requiring a thirty (30) day written notice to be given to the EMS Agency prior to cancellation. modification, or reduction in limits: Anv insurance carrier providing insurance coverage hereunder shall be admitted to the State of California unless waived. in writing. by Countv's Risk Manager. Carrier shall have an A.tiI. Best rating of no less than an�A—.V. In addition, any deductibles or self -insured retentions must be declared by such cam'er(s) and such deductibles and retentions shall have the prior consent. in writing from the County's Risk Manager and at the election of County's Risk Manager, such carriers shall be notified in writing and shall either: (1) reduce or eliminate such deductibles or self -insured retentions relating to COUNTY. its officers. employees or agents. or (2) procure a bond which guarantees payment of losses and related investigations. claim(s) administration and defense expenses and costs. If no written nr *ice is received from COUNTY Risk Manager within sixty (60) days of the acceptance of Agreement then such deductibles or self -insured retentions shall be deemed acceptable. Contractor shall cause its insurance carrier(s) to furnish County and Cities* with either (1) properly executed original certificate(s) of insurance and certified original copies of endorsements effecting coverage as required herein. or (22) if requested to do so. in writing. by Count<,'s Risk Manager or the Contract's Administrator, provide original certified copies of policies including all endorsements and anv and all attachments thereto. showing that such Schedule F CERTIFICATE OF INSURANCE SERVICE CONTRACTS (Pate 2 of 2) insurance is in full force and effect, and COUNTY of Riverside, its Director's and Officers, Special Districts. Board of Supervisors, elected officials employee's, agent's or representatives are named as additional insureds with respect to this Agreement and the obligations of Contractor hereunder. Further. said certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that thirty (30) days written notice shall be given to County prior to anv modification, cancellation. expiration or reduction in coverage of such insurance. In the event of any such modification, expiration or reduction in coverage and on the effective date thereof, this Agreement shall terminate forthwith. unless County receives prior to such effective date another properly executed original certificate of insurance and original copies of endorsements or certified original policies including all endorsements and attachments thereto evidencing coverages set forth herein and the insurance required herein is in full force and effect. The original endorsements for each policy and the certificate of insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf. It is understood and agreed to by the parties hereto. and the insurance company(s) that certificates) of insurance and policies shall so covenant and shall be construed as primary and Countv's insurance and/or deductibles and/or self -insured retentions or self -insured programs shall not be construed as contributory. *Cities - shall include the cities of: Banning Lake Elsinore Beaumont Moreno Valley Calimesa Murrieta Canyon Lake Norco Coachella Palm Springs Corona Perris Desert Hot Springs Riverside Hemet San Jacinto La Quinta Temecula 42 Schedule G DISPATCH AND DATA BASE REIMBtiRSEMENT County Dispatching Services County shall operate a Communications Center which shall assist Contractor in dispatching its ambulances ("Dispatch Services"). County has determined. based on a reasonable allocation of th costs of operating the Communications Center amongst all public safety agencies using such Center, that the allocable cost of performing Dispatch services for Contractor is 5300,000 per year. Contractor agrees to pay such amount. based on County's warranty that such amount is commensurate with the cost to the County of performing Dispatch Services. PCR Data Base Svstem County shall purchase and operate a management information data base system ("Data Base System") which shall be jointly utilized by Contractor, County and other EMS system users to capture. transmit and analyze patient care data. and to perform related functions. The Data Base Svstem shall assist Contractor in: communicating data to other health car providers in order to provide for continuity of care: performing outcomes measurement and quality assurance functions: and generally optimizing the quality and efficiency of its clinical care and overall operations. To support the Data Base System. County shall require Contractor to pay S 150.000 per year. County has determined and warrants that such amount constitutes a reasonable allocable share of the cost of acquiring. programming, maintaining and operating the Data Base System which should be payable by Contractor. based on the benefit to Contractor. Such payments shall be made semi-annually by the first day in October and March. Payments shall be increased annually commensurate with Contractor's net rate increases as specified in Schedule I. These payments may include capital expenditures by AMR upon Contract administrator approval. 43 i_i48 Schedule H SERVICE FOR -MENTAL HEALTH l . Contractor shall provide. ambulance transportation for persons in apparent need of mental health treatment and are under a hold pursuant to the 5150 code under the Welfare and Institution Code, from their location within the County of Riverside to an appropriate evaluation health care facility within their primary response areas. Response times for the ambulance for transportation from the field will be thirty (30) minutes. Transportation for these persons may be transported by BLS unit or subcontracted out to BLS providers. �. Provide transportation for persons in need of mental health service from any facility within Riverside County providing healthcare to a facility within Riverside County or San Bernardino County authorized to provide intensive mental health treatment. Transportation for these persons may be transported by BLS units or subcontracted out to BLS providers. The evaluating health care facility shall first receive authorization for such transport from a Riverside County Department of Mental Health staff member who shall notify Contractor of same and providing proof of such authorization to Contractor. The authorization shall be in writing if the Department of Mental Health staff member completes a face-to-face contact between the staff member and the patient. The authorization may be provided by a Mental Health staff member at Riverside County Regional Medical Center by telephone if Mental Health staff is unavailable for a face- to-face contact. The health care facility shall document the name of the Mental Health staff member providing authorization to transport by telephone and shall provide Contractor with the name of the authorization to transport by telephone and shall provide Contractor with the name of the authorizing person and log number. Contractor shall be responsible for obtaining the above information from the healthcare facility requesting the patient transport. 3. Make a written record to include the name and address of he patient, the point of pick- up and delivery of the patient, the date and time of origin of the call, the dispatching agency and the apparent nature of r`.e illness or cause of injury. 4. Maintain a log of all patients transported under this provision. 5. MENTAL HEALTH shall reimburse Contractor in accordance with Schedule C paid quarterly. This amount may be adjusted annually based on call volume and payor reimbursement rates. Schedule I RATE SCHEDULE Annual Adjustments (to Schedule I) The rates set out above may be adjusted in an amount necessary to compensate Contractor for increases in Contractor's direct and indirect costs as measured by the consumer price index. The CPI adjustment may be made annually and such adjustment shall be effective as of the first day of July of each year. The comparison shall be made for each January 1. The first CPI adjustment may occur as of July 1. 1999, based on the change in the CPI from Janua-y 1. 1998 to January 1. 1999. The CPI adjustment shall be determined by taking into account the percentage increase or decrease in the CPI for all urban consumers in the Los Angeles -Anaheim -Riverside Metropolitan Areas during the prior calendar year. excluding the housing component. and Contractor's collection rate during such period. The increase in Contractor's ambulance service rate. multiplied by Contractor's collection rate, shall be referred to herein as Contractor's "net rate increase." The Contractor Administrator shall be responsible for reviewing net rate increases up to 5%. and shall approve any such increase supported by adequate documentation by Contractor regarding its calculation. Board of Supervisors approval shall be required for net rate increases over 5%. Anv CPI rate increase shall be confirmed. reviewed and approved in advance by the Contract Administrator ov April 1; of each year. The Contractor shall submit an application containing all information necessary to document the increase. including but not limited to present rates. broken down into components, the applicable CPI increases and the need for any increase. In addition to. and not in lieu of. the annual CPI increase or decrease described above. the Contractor may also be granted rate increases or decreases in an amount equal to Contractors extraordinary increases or decreases in its cost of operations. The contract Administrator shall determine the application process for such extraordinary cost increases or decreases. Such extraordinary cost increases or decreases shall be subject to: 0� cl Schedule I RATE SCHEDULE (Page ? of-') Contract Administrator approval for net rate increases up to 5%; and Board of Supervisors approval for net rate increases over 5%. Level of Service: This Agreement requires Contractor to provide an ALS level response to all EMS incidents. except in cases involving patients subject to a hold under %Velfare and Institutions Code Section 5150. an contemplates that Contractor shall bill patients and their third party payors (including Medicare) for such level of response. County acknowledges that in the event of a change in applicable law such that Contractor may only bill Medicare (collectively, "reimbursement Charge", the loss of revenue to Contractor may make it financially infeasible for Contractor to respond with an ALS vehicle in all cases or to otherwise comply with the standards set forth herein. In the event of such actual or anticipated change, Contractor may issue a written request for renegotiation seeking a change in its rates, a change in the response requirements such that Contractor may respond with a BLS ambulance in appropriate cases. or such other change as may be necessary to compensate Contractor for the actual or potential loss of revenue. In the event the parties are unable to agree upon any such amendment with sixty (60) days of Contractors written request for renegotiation, Contractor may terminate this Agreement upon one hundred eighty (180) days written notice. 46 Schedule J RENTAL RATES FOR AMBULANCE EQUIP�,IENT VEHICLE AND BASIC AND ADVANCED LIFE SUPPORT EQUIPMENT S500.00 per month per unit S 17.50 per day per unit The above rates include mileage, normal wear and tear. 47 2 Schedule h DEFINITIONS For the purposes of this Agreement, the following words and phrases have the meanings respectively ascribed to them by this section: Advanced Life Support (ALS) - Shall mean special services designed to provide definitive prehospital emergency medical care including, but not limited to, cardiopulmonary resuscitation. cardiac. monitoring, cardiac defibrillation. advanced airwav management. intravenous therapy, administration of specified drugs, and other medicinal preparations, and other specified techniques and procedures administered by authorized personnel under the direct supervision of a base hospital or utilizing approved prehospital treatment protocols or standing orders as part of the local EMS system at the scene of an emergency. during transport to an acute care hospital or other approved facilirv. during inter -facility transfer, and while in the emergency department of an acute care hospital until responsibility is assumed by the emergency department or other medical staff of that hospital. Health & Safety Code Section 1797.52 ?. Advanced Life Support Ambulance (ALS .ambulance) - Shall mean an ambulance equipped. or arranged and staffed for the purpose of providing ALS care. The meaning includes, but is not limited to, privately and publicly owned ambulances operating within exclusive operating areas while under contract with the County of Riverside. .ambulance - Shall mean any motor vehicle which meets the standards of Title 13 of the California Code of Regulations and is specifically constructed, modified or equipped, or arranged. used. licensed. or operated for the purpose of transporting sick. injured, convalescent, infirmed. or otherwise incapacitated person(s) in need of medical care. 4. Basic Life Support (BLS) - Shall mean emergency first aid and cardiopulmonary resuscitation medical care procedures which. as a minimum. include recognizing respiratory and cardiac arrest and starting proper application of cardiopulmonary resuscitation to maintain life without invasive techniques, unless authorized by state law or regulation. until the victim may be transported or until ALS medical care is available. Basic Life S1-�ort Unit (BLS Unit) - Shall mean an ambulance equipped. or arranged. and staffed for the purpose of providing BLS care. The meaning includes. but is not limited to. privately and publicly owned ambulances operating within the County_ of Riverside. 6. Contract Administrator - Shall be the Director of the Health Services Agencv or his designee who is authorized to administer this Agreement on the County's behalf. J Count-, - Shall mean Riverside County. IN 033 Schedule K S. Count, EMS Agency - Shall be the County agency having primary responsibility for the administration of emergency medical services within the county. 9. County EMS Svstem - Shall mean the specially organized arrangement which provides for the personnel, facilities. and equipment for the effective and coordinated delivery of ENVIS services within the county. 10. Emeraencv Medical Service Call - Shall mean any sudden or serious illness or injury requiring immediate medical attention,. where delay_ in providing such services may agaravate the medical condition or cause the loss of life. 11. EMS Policv and Procedure Manual - The collection of policies and procedures approved by the Riverside County EMS Agencv for the provision of prehospital care within Riverside County. 12. Medical Director - Shall mean that physician designated to serve as the Medical Director of the EMS Agency pursuant to Section 1797.202 of the Health and Safety Code. 1 'Mileage - Fee charged per mile or fraction thereof for transport. 14. On -Scene Time - The time an ambulance arrives at the location requested or leaves the nearest public -access road en route to the patient. 15. OxvQen - The fee charged for administration of medical oxvgen irrespective of amount, or route administered. 16. Paramedic (EMT-P) - Shall mean a person licensed and accredited to render ALS vledical Care pursuant to sections 1797, et sea. Health and Safety Code. 17. Public Safery Answering Point P! SAP) - Where 9-1-1 calls are first received. 18. Quality Improvement - Shall mean the evaluation of prehospital emergency medical services and non -emergency transportation services to identify where personnel performance or the system itself can be improved. the implementation of potential improvements. and their re-evaluation and refinement in .: continuous cycle. While Quality Assurance traditionally focuses on the detection of ciefects, Quality Improvement strives to prevent them. Thus a Quality Improvement program must include. but not be limited to. QualinT Assurance. The sum of all activities undertaken to assure that prehospital emergency medical services maintain the standard of care established for those services. 19. Response Time - Shall be calculated from the time the 9-1-1 call notification by City or County dispatch center gives to the ambulance or ambulance provider (clock will not begin until the ambulance or ambulance provider has received a verifiable address and 49 p�4 .Schedzile K nature of call) until the time that an ambulance notifies the City or County dispatch center or other approved center of its arrival at the scene of the emergency or staging area or until the ambulance is canceled by the dispatch center. If an ambulance response is downgraded by the dispatcher. the response time will include the time from its initial dispatch until the time it is downgraded. 05 50 ATTACHMENT I MINORITY/WOMEN/DISABLED VETERAN BUSINESS ENTERPRISE CONTRACTOR STATUS REPORT PLEASE NOTE STATUS AFTER APPROPRIATE CATEGORY WOMEN MINORITY DISABLED VETERAN ALL OTHERS Signature of Person Completing the Form Title DEFINITIONS Women or Minority owned refers to those companies that at least 5 1 % of the business is owned by a woman or person of minority heritage who possess and demonstrate dominate control over the business. Minority means a person with permanent residence in the United States of America who is: Black American - Persons having origin in any of the Black racial groups of Africa; or Hispanic American - Persons of Mexican. Cuban. Central or South American origins; or Hasidic Jew - Persons of a Jewish sect of the second century opposed to Hellenism and devoted to strict observance of ritual law: or American Indian and Native American - Persons having origin in any of the original people of North America, who are recognized as an Indian tribe or tribal organizations. persons having origin in any of the original people of Northern Canada. Greenland. Alaska. Eastern Siberia: or Asian Pacific American - Persons having origin in any of the original people of the Far East. Southeast Asia. Indian Subcontinent. the Pacific Islands (i.e. China. Japan, India. Korea. Philippines. and Samoa). Disabled Veteran is defined as a Veteran of the United States of America' armed serves 'vi-ho has been permanently injured while on active duty in the performance of duty' ,1 059 ATTACHMENT 2 Investigative authorization - Organization We the undersigned Organization, a prospective contractor to provide emergency ambulance - paramedic services for the Riverside County, recognize that public health and safety require assurance of safe, reliable, and cost-effective service. That assurance may require inquiry into aspects of organization operations deemed to be relevant by the County of Riverside or its agents. The organization specifically agrees that the County of Riverside, or its agents, may conduct an investigation for the purpose into, but not limited to, the following matters. 1. The financial stabilitv of the organization, including its owners and officers, anv information regarding potential conflict of interest, past problems dealing with other clients or cities where the organization has rendered service, or any other aspect of the organization operations or its structure, ownership, or kev personnel which might reasonably be expected to influence the County of Riverside in its selection decision. 2. The company's current business practices, including employee compensation and benefits arrangements, pricing practices, billings and collections practices and procedures, equipment replacement and maintenance practices, in-service training programs for its employees, means of competing with other companies, employee discipline practices, employee recruitment and retention, public information efforts, current and potential obligations to other buyers, and general internal personnel relations. 3. The attitude of current and previous customers of the organization towards the company's services and general business practices, including patients, their agents, or the families of patients, served by the organization. physicians or other health care professionals, organizations and units of local government knowledgeable of the company's past work. 4. Other businesses in which the organization owners and/or key personnel in the organization currently have a business interest. 5. The accuracy and truthfulness of any information submitted by the organization in connection with such evaluation. AUTHORIZATION TO CONDUCT SUCH INVESTIGATION IS HEREBY EXPRESSLY GIVEN BY THE COMPANY. Date Organization Name By: Name and Title STATE OF: Countv of: O� this day sav that he/she is the of , 19_, before me appeared to me personally known, who, being by me duly, sworn, did of and that said instrument was signed in behalf of said corporation by authority delegated to him, and said affiant acknowledges said instrument to be the free act and deed of said corporation. IN WITNESS THEREOF. 1 have hereunto set in,,, hand and affixed my official seal the day and vear last above written. Notary Public My commission expires: 07 ATTACHMENT 3 Investigative Authorization - Individual The undersigned, being (title) for (organization) which is a prospective contractor to provide emergency ambulance - paramedic services to Riverside County recognize that public health and safety require assurances of safe, reliable, and cost-effective service. That assurance may require an inquiry into matters which are deemed relevant by the Countv of Riverside or its agents, such as, but not limited to, the character, reputation, competence of the company's owners and key employees. The undersigned specifically acknowledges that such inquiry may involve an investigation of his or her personal work experience, education, qualifications, moral character, financial stability, and general background and specifically agrees that the Countv of Riverside, or its agents, may undertake a personal investigation of the undersigned for the purposes stated. AUTHORIZATION FOR SUCH PERSONAL INVESTIGATION IS HEREBY EXPRESSLY GIVEN. Date: Individual Name STATE OF: Countv of: On this day of 19_, before me, the undersigned, a Notary Public in and for the Countv and State, personally appeared to me known to be the person described herein and who executed the foregoing Investigation Authorization, and acknowledged that he or she executed the foregoing Investigation Authorization, and acknowledged that he or she executed the same as his or her free act and deed. WITNESS my hand and notarial seal subscribed and affixed in said County and State, the above day and vear written. Notary Public My commission expires: U58 Appendix 1. EQUIPMENT AND SUPPLIES - FIRST RESPONDER/EMT REQUIRED ITEMS I. Ainvays (Oropharynaeal. sizes 0 - 6. nasophan,ngeal, sizes 30. 31. and 34 Fr.) 1 Nasal cannula 54 05S c&4 4 4Xwa" COUNCIL/RDA MEETING DATE: July 6, 1999 ITEM TITLE: Approval of a Contract Renewal with the Firm of Tri-Lake Consultants to Provide Capital Improvement Project Field Inspection Services RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to execute a contract renewal of a Professional Services Agreement with the firm of Tri-Lake Consultants, Inc. in an amount not to exceed $380,928 for Fiscal Year 1999/2000 capital improvement projects and private development project field inspection services. FISCAL IMPLICATIONS: In the preliminary Fiscal Year 1999/2000 Capital Improvement Projects (CIP) Budget, more than $432,000 is budgeted for inspection services. In addition, $793,000 is budgeted for inspection services in the Fiscal Year 1998/1999 CIP Budget for projects that will not be completed until Fiscal Year 1999/2000. Therefore, sufficient funding is available, totaling $1,225,000, within the approved CIP Budget to continue inspection services. In subsequent years, authorization will be subject to the number and amount of capital improvement projects. Inspections for private development projects will be paid for from developer fees. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: During the July 1, 1997 City Council meeting, the City Council acknowledged the need for professional services to provide field inspection services for various capital improvement projects. The City Council approved a Consultant Selection Committee and a Request for Proposals for Miscellaneous Construction Observation and Inspection Services for Various Fiscal Year 1997/98 Capital Improvement Projects. The City Council also authorized staff to receive proposals from qualified firms and negotiate the terms of a Professional Services Agreement with the most qualified firm, as determined by the Consultant Selection Committee. ra l TAPW DEPT\COUNCIL\1 999\990706b.wpd During the December 2, 1997 City Council meeting, the City Council authorized the City Manager to execute a Professional Services Agreement with the firm of Tri-Lake Consultants, Inc., in an amount not to exceed $106,987 for the Fiscal Year 1997/1998 CIP field inspection services. The agreement included a provision that allowed for the contract to be renewed for one additional year if both parties concurred. Tri-Lake Consultants, Inc. performed satisfactorily and staff recommended the one year extension. During the September 15,1998 City Council meeting, the City Council authorized a Professional Services Agreement Extension for Fiscal Year 1998/99 with Tri-Lake Consultants, Inc. for CIP inspection services, in an amount not to exceed $193,000. The services provided by Tri-Lake Consultants have met staff's expectations. Therefore, staff is seeking to utilize these services on an annual basis based on the firms experience in working in the City of La Quinta and the quality and productivity of their work. During the June 1, 1999 City Council meeting, the City Council authorized the City Manager to bypass the competitive selection procedures in the renegotiation and renewal of the existing contract for continuing services, pursuant to Resolution 96-80, with the firm of Tri-Lake Consultants, Inc. for field inspection services in an amount not to exceed $396,800 for CIP and private developer projects. The Professional Services Agreement (Attachment 1) was negotiated on an hourly basis at an hourly rate not to exceed $48.00 per hour with funding provided from the various CIP projects assigned to the consultant. Inspections for private development projects will be paid for from developer fees at an hourly rate not to exceed $48.00 per hour. The need for the private development inspections will be dependant upon future private development in the City. Staff recommends that the executed Professional Services Agreement for construction observation and inspection services be an annual contract renewable for up to three years. The purpose is to maintain inspection continuity during projects without having to seek proposals every fiscal year for the same services. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Authorize the City Manager to execute a contract renewal of a Professional Services Agreement with the firm of Tri-Lake Consultants, Inc. in an amount not to exceed $380,928 for Fiscal Year 1999/2000 CIP and private development project field inspection services; or r T:\PWDEPT\COUNC1L\1 999\990706b.wpd 00( 2. Do not authorize the City Manager to execute a contract renewal of a Professional Services Agreement with the firm of Tri-Lake Consultants, Inc. and authorize staff to develop a Request for Proposals (RFP) and advertise for Professional Services; or 3. Provide staff with additional and/or alternative direction. Respectfully submitted, l Chris A. Vogt Public Works Director/City Engineer Approved for submission by: r fib Thomas P. Genovese, City Manager Attachments: 1 . Professional Services Agreement i 003 L\PW DEPT\COUNCIL\1999\990706b. wpd 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 Tri Lake Consultants, 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 Construction Observation and Inspection Services for FY 1999/2000 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, it 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. 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. 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. T:APWDEPTVCONSULTA\31ksPSA992000. wpd Page I of 12 005 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed THREE HUNDRED EIGHTY THOUSAND NINE HUNDRED TWENTY EIGHT and no/100 Dollars ($380,928.00) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of 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 judgement such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. T:\PWDEPT\CON SULTA\31ksPSA992000.w pd (''1 Page 2 or 12 006 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. Habib M. Motlagh, P.E., President It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be John M. Freeland, Senior 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. 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 T:\PWD EPT\CON SULTA\31ksPSA992000—Pd -� Page 3 of 12 0 0 1l 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. 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. Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to City. 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. Consultant shall defend, indemnify and hold harmless City, its officers, employees, representatives and agents, from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Consultant, its officers, employees and agents, which arise out of Consultant's negligent performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. 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. T:\PWD EPT\CON SULTA\31ksPSA992000 —pd Page 4 of 12 V � V 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. 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. T:\PWDEPT\CON SULTA\31ksPSA992000. wpd - Page 5 Or 12 009 7.2 Dish. 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 therefor. 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 Waive r. 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. T:\PWDEPT\CON SULTA\31ksPSA992000.w pd _ Page 6 or 12 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 Tri Lake Consultants, Inc. Attention: Chris A. Vogt Attention: Habib M. Motlagh, P.E., President 78-495 Calle Tampico 170 Wilkerson, Suite A P.O. Box 1504 P. 0. Box 606 La Quinta, California 92253 Perris, California 92570 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 judgement or decree of a court of competent jurisdiction, such invalidity or unenforceability T:\PWDEPT\CONSULTA\31ksPSA992000—pd •-� Page 7 Of 12 �� 011 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: Saundra L. Juhola, City Clerk APPROVED AS TO FORM: Dawn C. Honeywell, City Attorney CONSULTANT: TRI LAKE CONSULTANTS, INC. By: (signature) Name: (printed) Title: Date: T:\PWD EPT\CON SULTA\31ksPS A 992000—pd Page 8 of 12 Exhibit A Scope of Services The Consultant shall; 1 . Provide technical field representative/s to monitor the construction of a variety of Capital Improvement and private development construction projects. 2. Prepare and track project schedules as directed by the City. 3. As directed by the City, prepare necessary correspondence, reports, and memos necessary to administer various City capital improvement projects and/or private development projects. 4. Observe, document and report on project progress, daily construction activities, assume the City's role and act as the City's agent with contractors, developers, other outside agencies and with City contracted technical consultants. Page 9 of 12 01.3 Exhibit B Schedule of Compensation Payment shall be in full 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. Total compensation for all work under this contract shall not exceed THREE HUNDRED EIGHTY THOUSAND NINE HUNDRED TWENTY EIGHT and no/100 Dollars ($380,928.00) except as specified in Section 1.6 - Additional Services of the Agreement. The agreed upon hourly rate for inspection personnel provided by the consultant shall be $48.00 per hour flat rate for all time periods. The City shall not pay any additional hourly wage for hours worked over 40 nor over 8. Compensable time shall begin when the inspector arrives at the designated work site and shall end when the inspector leaves the designated work site to commute or stops conducting business associated to the City. Page 10 of 12 Exhibit C Schedule of Performance Consultant shall complete all services within the FY 1999/2000, which shall end on July 1, 2000. Page I of 12 Exhibit D Special Requirements 1 . The Consultant shall provide a hand held (type) cellular telephone and service for each inspector assigned to the City at no additional cost to the City. 2. The City shall provide office space, land -based telephone, fax service and minor clerical support for the inspector at no additional cost to the consultant. 3. The Consultants inspector shall supply his or her own transportation to and from the designated work site. 4. UPON CONCURRENCE FROM BOTH PARTIES (CITY and TRI LAKE CONSULTANTS, /NC.)THIS AGREEMENT SHALL BE RENEWABLE FOR A PERIOD NOT TO EXCEED TWO-YEAR FROM THE CURRENT DATE OF EXPIRATION (per Exhibit 'C') OF THIS AGREEMENT. Page 12 of 12 T4tvl 4 aCP Q" COUNCIL/RDA MEETING DATE: July 6, 1999 ITEM TITLE: Approval of a Contract Renewal with the Firm of Nickerson, Diercks and Associates to Provide Contract Management and Administrative Support Services for Capital Improvement Projects and Private Development Projects RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Award a renewable contract to the firm of Nickerson, Diercks and Associates (NDA) in an amount not to exceed $109,200 to provide contract management, administrative and clerical support services for Fiscal Year 1999/2000 Capital Improvement Projects and private development projects. In the Fiscal Year 1 998/1999 Public Works Capital Project Budget, there is $301 ,592 (Account #101-456-603-000) budgeted for Project Management Administration. Therefore, sufficient funding is available to continue contract management and administrative support services. In subsequent years, authorization will be subject to the number and amount of capital improvement projects planned. Contract management and administrative support services for private development projects is paid for by developers' fees. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On February 17, 1997, the City Council approved an agreement with NDA to provide contract administration and project management support to the Public Works Department, Capital Improvement Projects (CIP) Division. This agreement covered the period from March 1997 through June 1997. This was an interim contract to complete the required work through the end of the 1996/1997 Fiscal Year. TAPW DEPT\COUNCIL\1999\990706h.wpd On July 1, 1997, the City Council authorized staff to seek professional services for contract management and administrative support and begin the formal "Request for Proposals" process. This action allowed staff to receive proposals from qualified firms and authorized staff to negotiate terms of a Professional Services Agreement with the most qualified firm, as determined by the Consultant Selection Committee. During the City Council meeting of September 16, 1997, the City Council authorized the City Manager to execute a contract for professional services to provide contract management and administrative support for capital improvement projects to the firm of Nickerson, Diercks and Associates for Fiscal Year 1997/1998 with an option to renew the contract for one additional year. During the City Council meeting of September 15, 1998, the City Council approved a contract extension with NDA to provide professional services through June 30, 1999. Typical services provided by NDA include, but are not limited to: • Prepare and submit necessary documents to, and coordinate with various regional, county, state and federal funding agencies to acquire and maintain funding approval. • Prepare and track project schedules. • Prepare necessary correspondence, reports, and memorandums necessary to administer various City capital improvement projects. • Assist with bidding procedures, prepare bid summary comparisons in a table format, and make recommendations for City Council consideration to award Public Works contracts for construction. • Prepare and conduct informal request for proposals to construction support sub - consultants, summarize proposals received and make recommendations for award of Professional Services Agreements. • Monitor and report on projects status, budget vs. actual expenditures, and contract time vs. actual time. • Prepare staff reports for City Council and/or Planning Commission consideration, as necessary. • Provide clerical support for the Capital Improvement Projects Division of the Public Works Department . T:\PW DEPT\COUNCIL\1999\990706h.wpd The addition of this administrative support has proven to be very productive. Therefore, staff requested authorization to renegotiate a contract for continuing services with NDA to provide professional services and clerical support. The contract is renewable on an annual basis for a period not to exceed three years in total duration. The contract is based on hourly fees, with a not -to -exceed amount of $75.00/hour for professional services and $30.00/hour for clerical services. On June 15, 1999, the City Council authorized the City Manager to bypass the competitive selection procedure and negotiate with NDA. The intent of the negotiation was to execute an annually renewable contract for continuing professional services (Attachment 1). FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: 1 . Award a renewable contract to the firm of Nickerson, Diercks and Associates in an amount not to exceed $109,200 to provide contract management, administrative and clerical support services for Fiscal Year 1999/2000 Capital Improvement Projects and private development projects; or 2. Do not award a renewable contract to the firm of Nickerson, Diercks and Associates; or 3. Provide staff with alternative direction. Respectfully submitted, hris A. V t Public Works Director/City Engineer Approved for Submission by: Thomas P. Genovese City Manager Attachments: 1 . Professional Services Agreement ; e. J T:\PW DEPT\COUNCIL\1999\990706h.wpd 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 NICKERSON, DIERCKS & ASSOCIATES ("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 PUBLIC WORKS DEPARTMENT, CAPITAL IMPROVEMENT PROJECTS DIVISION, CONTRACT MANAGEMENT, ADMINISTRATIVE and CLERICAL SUPPORT SERVICES FOR FY 1999/2000 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, © 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, it 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. 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. NDAPSAfy99-OO.WPD 1 of 13 005 05 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed ONE HUNDRED NINE THOUSAND TWO HUNDRED DOLLARS, ($109,200) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (1 Oth) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of 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 NDAPSAfy99-OO.WPD J l 2 of 13 00G 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 judgement such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of 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. Lloyd "Nick" Nickerson Jr., Principal b. Mark S. Diercks, P.E., Partner It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be John M. Freeland, Senior 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 1 NDAPSAfy99-OO.WPD . 0 ,1 3 of 13 0011 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. 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 Injuj:)2roperty 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. 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. Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to City. NDAPSAfy99-OO.WPD 4 of 13 008 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. Consultant shall defend, indemnify and hold harmless City, its officers, employees, representatives and agents, from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Consultant, its officers, employees and agents, which arise out of Consultant's negligent performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. 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. 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. NDAPSAfy99-00.WPD 5 of 13 00J 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 therefor. 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 NDAPSAfy99-OO.WPD 6 of 13 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 nondefaulting 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. T5 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 set off 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; NON-DISCRIMINATION. 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 ,Io NDAPSAfy99-OO.WPD 7 of 13 Oil 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 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 Attention: John M. Freeland To Consultant: Nickerson, Diercks & Associates 2150 E. Tahquitz Canyon Way, Suite 6 Palm Springs, California 92262 (760) 323-5344 Fax 323-5699 Attention: Nick Nickerson 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 judgement 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 ZA NDAPSAfy99-OO.WPD 8 of 13 012 Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authori . 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 City Manager Date ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CONSULTANT Nickerson, Diercks & Associates 2150 E. Tahquitz Canyon Way, Suite 6 Palm Springs, California 92262 (760) 323-5699 Fax (760) 323-5344 By: Name: Lloyd Nickerson Jr. Title: Principal Date: NDAPSAfy99-OO.WPD 9 of 13 013 Exhibit A Scope of Services As directed by City Staff, the consultant's services shall include, but are not limited to the performance of the following assignments, duties and tasks: l . Prepare and submit necessary documents to, and coordinate with various regional, county, state and federal funding agencies to acquire and maintain funding approval. 2. Preparation and tracking of project schedules using Microsoft Project 4.0. 3. Preparation of necessary correspondence, reports, and memos necessary to administer various City capital improvement projects, using Word Perfect 6.0/6.1 or higher version word processing program. 4. Assist with bidding procedures, prepare bid summary comparisons in a table format, make recommendations for City Council consideration to award Public Works contracts for construction. 5. Prepare and conduct informal request for proposals to construction support subconsultants, summarize proposals received and make recommendation for award of Professional Services Agreements. 6. Monitor and report on project(s) status; budget vs. actual expenditures; contract time vs. actual time. 7. As necessary, prepare Staff Reports for City Council and/or Planning Commission consideration. 8. Act as an extension of Public Works staff while in the performance of the above referenced tasks. 9. Provide clerical support services for the Capital Improvement Division NDAPSAfy99-OO.WPD 10 of 13 014 Exhibit B Schedule of Compensation Payment shall be in full 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. Total compensation for all work under this contract shall not exceed ONE HUNDRED NINE THOUSAND TWO HUNDRED DOLLARS, ($109,200) except as specified in Section 1.6 - Additional Services of the Agreement. Services will be billed on a monthly basis for time and materials expended, time cards will be submitted on a weekly basis for review and approval by City staff. All man-hour costs to be billed as follows and per the attached consultants statement of personnel hourly billing rates. Project Manager/Administrator $75.00 per hour Professional Civil Engineer/Traffic Engineer $79.00 per hour CAD Draftsman $45.00 per hour Clerical Support $30.00 per hour All reimbursables to be paid at cost, without mark-up or additional overhead. NDAPSAfy99-OO.WPD 11 of 13 01'� NICKERSON, DIERCKS & ASSOCIATES Transportation Planning and Traffic Engineering 2150 E. Tahquitz Canyon Way, Suite 5, Palm Springs, CA 92262 June 30, 1999 Mr. John M. Freeland, Senior Engineer City of La Quinta 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92253 Subject: Regarding FY 1999/2000 Administrative Support Services Contract Renewal Dear Mr. Freeland: Nickerson, Diercks & Associates is pleased the City of La Quinta has chosen to renew our contract for Administrative Support Services for the 1999/2000 fiscal year. Please accept the following hourly rates for incorporation into the FY 1999/2000 contract documents. These rates will become effective on July 1, 1999 will remain in effect through June 30, 2000. Project Manager/Administrator $75.00 per hour Professional Civil Engineer/Traffic $79.00 per hour CAD Draftsman $45.00 per hour Secretarial Support $30.00 per hour NDA will continue to provided reimbursable expenses, such as messenger, postage, CAD plots, copying, etc. at our cost without markup. As we discussed, NDA's hourly rates have slightly increased from last year due to the increase in cost of Professional and General Liability Insurance, and other overhead factors. However, NDA has chosen not to apply any additional markup for profit due to the 12 month duration of the contract. In the future, should our direct costs be reduced, any savings realized will be passed on to the City. I look forward to continuing to provide the City of La Quinta with Professional Project Management and Contract Administration Services. Sincerely, �` I L ` LLOYD V ICKERSON, JR. Principal Fax (760) 323-5699 Phone (760) 323-5344 Pager (760) 836-4257 010 Exhibit C Schedule of Performance Consultant shall complete all services within TIME LINE ALLOWED BY THE TOTAL CONTRACT SUM. ($109,200 - $105 ($75/hr. Principal + $301hr. Clerical) /Hour = 1040 man hours) NDAPSAfy99-OO.WPD 12 of 13 017 Exhibit D Special Requirements This contract shall be annually renewable, if both parties are in mutual agreement, for a period not -to -exceed two additional years, three years in total duration, without the expressed written approval of the City of La Quinta City Council. NDAPSAfy99-OO.WPD 13 of 13 018 T4'yl 4 14'P Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 6, 1999 CONSENT CALENDAR: ITEM TITLE: Acceptance of Project No. 98-14, Parc STUDY SESSION: La Quinta Utility Undergrounding PUBLIC HEARING: RECOMMENDATION: Accept Project No. 98-14, Parc La Quinta Utility Undergrounding as 100% complete; and 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 $6,554.35, 35 days after recordation of the Notice of Completion. FISCAL IMPLICATIONS: Adequate funds are available (Account No. 401-620-609-553) in the project budget to pay the retention to the contractor and close out this project. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: This project provided for the undergrounding of existing electrical utilities immediately adjacent to the Parc La Quinta residential development located on Washington Street from approximately 100 feet south of Sagebrush Avenue to approximately 400 feet north of Via Bolero. In addition, all pre-existing landscaping, irrigation, and hardscape improvements were restored. On November 3, 1998, the City Council approved the plans and specifications, and authorized City staff to advertise and receive bids for the proposed improvements. On January 19, 1999, the City Council awarded a contract to Coons Construction in the amount of $126,430.00, to construct the Parc La Quinta Utility Undergrounding Improvements, Project No. 98-14. T-\PWDEPT\COUNCI LA 1999A990706c pd The project's construction effort is now deemed to be 100% complete and is in compliance with the plans and specifications. Prior to filing the Notice of Completion, staff must receive authorization from the City Council to accept this project as 100% complete and authorize the City Clerk to file a Notice of Completion. A final accounting of this Contract is as follows: Original Bid $126,430.00 Change Order #1 $5,867.00 Quantity Variation/C.O. #2 $4,657.00 TOTAL: $136,954.00 Amount Paid to Date ($124,532.65) Liquidated Damages $0.00 TOTAL REMAINING FISCAL COMMITMENT: $12,421.35 Retention to be Released $6,554.35 Outstanding Progress Payments $5,867.00 TOTAL REMAINING FISCAL COMMITMENT: $12,421.35 As of June 22, 1999, Media One TV has completed the removal of their existing overhead cables. The Imperial Irrigation District (IID) is scheduled to begin removal of their existing overhead power lines on June 28, 1999, and complete the removal including utility poles and overhead power lines by July 12, 1999. FINDINGS AND ALTERNATIVES. The alternatives available to the City Council include: 1. Accept Project No. 98-14, Parc La Quinta Utility Undergrounding 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 $6,554.35, 35 days after recordation of the Notice of Completion; or 2. Provide staff with alternative direction. 00 T \PWDEPT\C0UNCIL\1999\990706c. pd Respectfully submitted, Chris A. Vogf Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager r ^t T:AP W DF PTVCOUNCI LA 1999A990706c. wpd OU s Tit4t 4 4a" COUNCIL/RDA MEETING DATE: July 6,1999 ITEM TITLE: Approval of Street Name Change 99-011 to Change Columbine to Spanish Bay, Located Northwest of Meadowbrook and Northeast of PGA West Boulevard and Hazeltine, Within PGA West. Applicant: City of La Quinta RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving Street Name Change 99-011 from Columbine to Spanish Bay. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Street Name Change Proposal The Planning Commission received a letter from Centex Homes, dated May 13, 1999 requesting that the Planning Commission consider initiating a Street Name Change for Columbine. Columbine is located within PGA West, northwest of Meadowbrook, and northeast of PGA Boulevard and Hazeltine (Attachments 1 and 2). The street has not been constructed. There are no existing homes on Columbine, however, construction may begin in the near future. At the May 25, 1999 Planning Commission meeting, the letter of request was considered and the Commission unanimously agreed to initiate the Street Name Change and place the item of their June 8, 1999 Agenda. Prior to the Planning Commission meeting, Centex Homes submitted a second letter, dated June 8, 1999 (Attachment 4) recommending that Columbine be changed to Spanish Bay, in keeping with the existing street naming pattern within PGA West. Spanish Bay is a golf course on the Monterey Peninsula. The change to Spanish Bay was approved under Resolution 99-048, by a vote of 4-0, with Commissioner Robbins absent (Attachment 5). P:\LESLIE\ccrptSNC99-011 Columbinempd FINDINGS AND ALTERNATIVES: The Finding necessary to approve this request can be made and is contained in the attached Resolution. The alternatives available to the City Council include: Adopt a Resolution of the City Council approving Street Name Change 99-011 from Columbine to Spanish Bay; or, 2. Do not approve Street Name Change 99-011; or, 3. Provide staff with alternative direction. Respectfully submitted, r J7fly erman, Gbmmunity Development Director 1 Approved for Submission by: ..w Thomas P. Genovese, City Manager Attachments: 1. Location Map 2. Centex Homes letter dated May 13, 1999 3. Centex Homes letter dated June 8, 1999 4. Planning Commission Minutes of June 8, 1999 0 02 P:\LESLIE\ccrptSNC99-011 Columbinempd RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE REQUEST TO CHANGE THE STREET NAME COLUMBINE TO SPANISH BAY. CASE NO.: STREET NAME CHANGE 99-011 APPLICANT: CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California, did on the 6th day of July, 1999, in accordance with Section 14.08.1 10 of the La Quinta Municipal Code, consider a street name change from Columbine to Spanish Bay; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 8th day of June, 1999, in accordance with Section 14.08.110 of the La Quinta Municipal Code, consider a street name change from Columbine to Spanish Bay, and recommended to the City Council approval of the street name change under Resolution 99-048; and, WHEREAS, said street name change consideration has complied with the requirements of "The Rules if Implement the California Environmental Quality Act of 1970" as amended by Resolution 83-68, in that the Community Development Department has determined that the proposed street name change is categorically exempted pursuant to Section 15301 (Class 1) of the guidelines and no further review is deemed necessary; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council of the City of La Quinta, California, did at the meeting of July 6, 1999, find the following facts, findings, and reasons to justify the approval of Street Name Change 99-01 1 to the City Council: 1. The public interest would be served by changing the street name as recommended to eliminate potential negative association with a recent tragic event, and provide continuity with the existing naming pattern within PGA West. 2. The change in street name would not be confusing for the public or hinder emergency response. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: P\LESLIE\ccresSNC99-011Columbine6-10-99.wpd Resolution 99- Street Name Change 99-01 1- Columbine to Spanish Bay City of La Quinta July 6, 1999 1 . That the City Council has followed the requirements of the La Quinta Municipal Code Section 14.08.1 10 pertaining to street name changes. 2. That it does hereby approve the street name change from Columbine to Spanish Bay„ PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 6th day of July, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN L. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN HONEYWELL, City Attorney City of La Quinta, California P:\LESLIE\ccresSNC99-01 1 Columbine6-10-99.wpd w ATTACHMENT #1 53rd AVENUE 54th - . AVENUE PGA WEST a � uRrom .BLVD. , COLUMBINE CA M. Ell WE1$KOPF — I . 58fh AVENUE CASE MAP CASE No. STREET NAME CHANGE 99-011 CITY OF LA QUINTA "COLUMBINE" TO "PASEO DE SANTILLANA" OR "CALLE DE OSO" NORTH SCALE: 0 i ATTACHMENT #2 CENTEX HOMES ��,QUiNTq RECEIVED 0 11AY18� W May 13, 1999 Planning Commission City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253-1504 Re: Request for Initiation of Street Name Change — Tract 28960 Dear Members of the Planning Commission: 2280 Wardlow Circle Suite 150 Corona, California 91720 Phone:909-279-4000 Fax: 909-273-2100 In light of the recent events at Columbine High School, Colorado, Centex Homes would like to request that the Planning Commission initiate a street name change per Section 14.08.110 of the Municipal Code, regarding our Tract 28960. The following are a few suggestions that we have: 1) Paseo de Santillana ("de Santillana" is our project name) 2) Calle de Oso If you have any questions regarding this matter, please do not hesitate calling me at (909) 279-4000 extension 233. Thank you for your time and consideration. ?nH.g'"` Project Manager as JHF/mt LarldWksumne JUN--00-99 02.10 FROM=CENTER HOMES ID:DOE) 2732100 ATTACHMENT #3 ■� Fft Cr !, , „, JW-8 z Jwle 8, 1999 Plamiuzg Commission City of La Quinta 78-495 Cane Tampico La Quinta, CA 92253-1504 Re: Request for Initiation of Street Name Change— Tract 28960 Dear Members of the P1aniurng Commission: In a letter that was dated May 13, 1999, Centex Homes had suggested the following two (2 ) street names: Paseo de Santillana and Calle de Oso. 1 brought these names changes before the Master Home Owners Association at PGA West and I was not aware of an existing naming pattern within the community_ The naming pattern is based upon the course designers and famous golf courses throughout the world. Taking this into consideration, Centex Homes would like to make the following street name suggestion: 1 j Spanish Bay Spanish Bay is a well-known course located on the Monterey Peninsula. We teel that this name will stay within the theme of the community and compliment our project, if you have any questions regarding this matter, please do not hesitate calling me at (909 ) 279-4000 extension 233. Thank you for your time and consideration. John Id. Fong Project Manager JHF/mt I-an<LPG.,kjsmame2 06-08-99 14:10 RECEIVED FROM:9092732100 ATTACHMENT #4 Planning Commission Minutes June 8, 1999 14. Chairman Tyler asked the length of the logo as proposed. Staff stated it was proposed for five feet. Mr. Murdock stated it was four feet ten inches or four feet eleven inches and staff was requesting it to be reduced by about one third. 15. Commissioner Kirk asked what the chances were of the City being sued over such minor modifications. City Attorney Dawn Honeywell stated there is one case that most of this is stemming from. It depends on how strong Airtouch's corporate office feels about it. If they wish to make a point, or if they feel there was an infringement on their trademark, they have the ability to sue. 16. Commissioner Kirk stated the Commission's decision should not be based on a court case. Changing the size, whether they are required to use a can or not use a can, is not going to cause the City trouble. He was not concerned with this particular sign, but in the future they should be able to have more latitude. Discussion followed regarding prior court cases on trademarks. 17. Mr. Murdock stated that if the Commission would like to continue this, he would contact Airtouch, obtain a copy of their official trademark, and if the size is proportionate he will bring it in, if it is not, he will ask them to accept staff s recommendation. 18. There being no further discussion, it was moved and seconded by Commissioners Abels/Butler to continue Sign Application 99-466 to June 22, 1999. Unanimously approved. C. Street Name Change 99-011; a request of the City for approval of a street name change from Columbine to Pasco de Santillana or Calle de Oso. Chairman Tyler asked for the staff report. Planning Manager Christine di lorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff noted a request had been received from Centex Homes requesting the name be changed to "Spanish Bay" to be in conformance with other street names in PGA West. 2. Chairman Tyler asked if there were any questions of staff. There being no questions of staff, Chairman Tyler asked if anyone else would like to speak regarding this subject. 3. There being no discussion, it was moved and seconded by Commissioners Kirk/Abels to adopt Planning Commission Resolution 99-048, recommending approval of Street Name Change 99-011, as recommended by staff. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, and Chairman Tyler. NOES: None. ABSENT: Commissioner Robbins. ABSTAIN: None. C:AMy Documents\WPDOCS\PC6-8-99.wpd 5 T4ht 4 4a Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 6, 1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of Contract Services Agreement PUBLIC HEARING: with the La Quinta Chamber of Commerce for Fiscal Year 1999-2000 RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: The Chamber of Commerce is requesting $155,000 in funding for Fiscal Year 1999-2000. The Fiscal Year 1999-2000 Preliminary Budget includes sufficient funding (Account #101-103-605-535) to support this request. CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the general fund to encourage, support and promote economic development." The services provided by the Chamber of Commerce support economic development. BACKGROUND AND OVERVIEW: The Chamber of Commerce has submitted a contract proposal for Fiscal Year 1999- 2000 funding (Attachment 1). The Chamber is requesting $155,000 in funding for Fiscal Year 1999-2000, which is 9% less than the $170,000 in funding received in Fiscal Year 1998-1999. Staff met with Chamber representatives on June 3, 1999 to discuss the contract proposal. A Contract Services Agreement has been included as Attachment 2 for the City Council's review. The Agreement provides for four quarterly appropriations in exchange for services in the following four areas: • Business Retention & Promotion • Mainstreet Marketplace (6 events) • The Gem Monthly Newspaper (10 editions) • Visitor's Center In approving the Agreement, the City Council will also be approving a one-year Lease Extension for the City -owned property located at 51-351 Avenida Bermudas. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the La Quinta Chamber of Commerce's funding request in the amount of $1 55,000 for Fiscal Year 1 999-2000 and authorize the Mayor to execute the attached Contract Services Agreement; or 2. Do not approve the La Quinta Chamber of Commerce's funding request in the amount of $155,000 for Fiscal Year 1999-2000 and do not authorize the Mayor to execute the attached Contract Services Agreement; or 3. Provide alternative direction to staff. Respectfully submitted, V��n� (�&Z - Linda Coyle, Managemen A alyst City Manager's Office Approved for submission by: r' Thomas P. Genovese, City Manager Attachments: 1 . Chamber of Commerce Contract Proposal 2. Contract Services Agreement 0 02 ATTACHMENT 1 Cv ��Gv W 9 �ieFR OF co��`v DATE: June 3, 1999 TO: Tom Genovese, City Manager Mark Weiss, Assistant City Manager FROM: Shelly Morris, Chairperson - elect SUBJECT: 1999-2000 City - Chamber Contract Proposal The enclosed represents the La Quinta Chamber of Commerce's contract proposal for the period of July 1, 1999 through June 30, 2000. The program areas were identified by a special Board of Director's Task Force (chaired by myself) as those areas which the Chamber can perform effectively on behalf of the City. From a budget perspective, the amount of $155,000 represents 'a 9% reduction from last years' billings of $170,000. Three of the areas are similar to last years' contract in program (Mainstreet Marketplace, "THE GEM" Newsletter and Visitor Services). We will be less involved with business development and more focused on business retention and promotions. We are however, prepared to work closely with the City in a supportive role where needed in economic development efforts. Given implementation of the City's economic development strategy, support from the Kiner-Goodsell agency and our focus on expansion and retention, we strongly believe that the City will have a very competitive team in place to position La Quinta as a place to do business. Our intent is to strengthen and expand our visitor services with enhanced information materials and visitor programs. The Chamber's goal is to expand Mainstreet to six events. As noted in the attached, we hope to expand the use of four color in the "GEM", while we anticipate increases in postage and paper costs. As to the Chamber's business retention efforts, we will be utilizing the "Gardening" program developed in Littleton, CO and used in Lake Elsinore, CA. The concept is built on the principle of expanding from within. In simplest terms, we believe that it is important to do those things which we can do best given limited resources. As to the four specific contract areas, the Chamber will supplement the $155,000 allocation with over $80,000 in additional funds. i I 0uiula c lnruil1a. , 'a Owila. C 4 022 (),94 We will handle billings in the same manner, if agreed to, which would include four quarterly payments of $38,750 (July, October, January, and April). Our volunteer leaders, volunteer resources and professional staff look forward to our renewed partnership in helping the City of La Quinta move into the 21st Century in a progressive and efficient manner. 005 LA QUINTA CtIA11BER OF COMMERCE 1999-2000 CITY -CHAMBER CONTRACT FUNDS DISTRIBUTION 1999 REQUEST: S155,000 A. Business Retention and promotion ........ $45,000 Specific efforts will be directed at supporting major community events (such as the Mariachi Festival, Oktoberfest, and La Quinta Arts Festival), and business retention and new business assistance programs. Business plans are being developed for all areas noted. Tentative expenditure disbursement is as follows: 1. Community promotion & event support ..................... $15,000 (33%) 2. Business retention & Promotion ................................. S10,000 (22%)) 3. New business assistance ............................................... S 7,000 (16%) 4. Collateral material reprinting ..................................... S 3,000 (7%) 5. Retail promotions......................................................... $10,000 (22%) B. Mainstreet Marketplace................................................... S25,000 A minimum of four events are tentatively planned for the 1999-2000 fiscal year. Events have been scheduled for November, December, February and March. Each event costs approximately $8,600. Sponsors, vendors and concessions will supplement the City allocation. The two largest expenditures are for the event(s) coordinator and marketing. Our goal is to hold six events. C. Monthly Newspaperr.......................................................... $44,000 "THE GENT" Once again, the Chamber will publish ten editions at an anticipated cost of approximately $6,000 per edition. The differential ($16,000) will be offset by advertising income. Postage could cause us heartburn, but we'll cross that bridge if and when we get to it. We will continue expanding four color utilization and will negotiate for a better quality paper. Cost variables include typesetting, printing, editorial, postage and photography. Our average monthly distribution to La Quinta households is approximately 10,000 per month or $4.40 per household annually (.44 per month). (JJ6 D. Visitor's Center................................................................. $41,000 The Highway l l I office will continue to be one of La Quinta's primary "front doors" for both visitors and residents in search of general information, demographics and/or assistance. With the continuing growth in the Cove and Southeastern La Quinta, the Chamber's Village Office has rekindled needs to serve a greater role in visitor services. A portion of this allocation allows the Chamber to provide visitor services on weekends from November thru May at the highway 1 I I Office. Expenditures include telephone, utilities, collateral material, postage, and office supplies for both offices. Given La Quinta's growth, the Chamber anticipates expanding and enhancing visitor center and visitor service needs. Given the number of visits, telephone inquiries and mail inquiries (best guess - cumulative 9,800/6,500 Nov-Nlay), our servicing cost is approximately $4.18 per inquiry. LA QUINTA CHAMBER OF COMMERCE CITY -CHAMBER CONTRACT 1999-2000 BUDGET BUSINESS RETENTION AND PROMOTION CITY ALLOCATION - $45,000 EXPENSES: Fixed Costs - $29,704 (1) Variable Costs - S15,296 (2) TOTAL NOTES: S45,000 #1 - Fixed or operational costs include auto/travel, taxes, business expenses, insurance, office supplies, postage, staffing, telephone/fax/web and utilities. It should be noted that staffing is not for on specific position but shared by all personnel. #2 - Variable costs are all program related. Programs are also supplemented by various fixed costs. Expenditures will be allocated to community promotion and event support, business expansion and retention, new business assistance, collateral material reprinting and retail promotion. LA QUINTA CHAMBER OF COMMERCE CITY -CHAMBER CONTRACT 1999-2000 BUDGET MAINSTREET MARKETPLACE CITY ALLOCATION - $25,000 (1) EXPENSES: (2) 1. FIXED - A. Auto Allowances...................................................................S120 B. Employee Benefits/Taxes....................................................1,583 C. General Expenses.....................................................................60 D. Insurance/Liability.................................................................600 E. Office Expenses...................................................................1,000 F. Repairs/Maintenance-Offices....................................................0 G. Staffing................................................................................4,344 H. Telephone/Fax/Web...............................................................500 1. Utilities.......................................................................................0 SUBTOTAL ............................. $8,207 2. VARIABLE - A. Advertising........................................................................$4,000 B. Barricades.............................................................................. 100 C. Electrical & Hardware...........................................................300 D. Entertainment........................................................................... 0 E. Equipment Rentals.................................................................500 F. Miscellaneous.........................................................................300 G. Outside Services..................................................................7,200 H. Permit.....................................................................................300 1. Postage....................................................................................100 J. Printing.................................................................................. 800 K. Security............................................................................... 1,200 L. Set-up/Clean Up.................................................................... 363 N1. Signs/Posters/Banners........................................................... 900 N. Sound....................................................................................... 80 O. Tenting...................................................................................250 P. Volunteer Support.....................................................................0 Q. Waste Control........................................................................400 SUB TOTAL ....................... $16,793 TOTAL EXPENSES.......... $25,000 NOTES: 91 - We anticipate additional receipts of $24,700. 92 - Overall expenses have been projected at $56,000. The short fall is picked up by receipts from other Chamber programs and projects. LA QUINTA CHAMBER OF COMMERCE CITY -CHAMBER CONTRACT I999-2000 BUDGET "THE GEM" EWSLETTER CITY ALLOCATION - EXPENSES: FIXED COSTS - VARIABLE COSTS TOTAL NOTES: $44,000 $17,102 (1) S26,898 (2) S44,000 #1 - Fixed or operating costs include auto/travel, taxes, office supplies, staffing, and telephone/fax/web. #2 - Variable costs include postage/distribution and production. #3 - This project or the production of 10 editions will run in excess of $60,000. The difference is picked up by advertising revenues and other Chamber programs and projects. LA QUINTA CHAMBER OF COMMERCE CITY-CHARIBER CONTRACT 1999-2000 BUDGET VISITOR'S CENTERS CITY ALLOCATION - S41,000 EXPENSES: FIXED COSTS - S25,127 (1) VARIABLE COSTS- 15,873(2) TOTAL S41,000 NOTES: #1- Fixed or operational costs as noted under Business Retention and Promotion. This allocation is supplemented by other sources of Chamber income (in excess of this amount). The fiscal demands of operating two facilities is growing dramatically while seven day a week operations will be continued November through May. The Chamber will be reviewing the efficiencies and future needs of Center(s) operations this year. Coupled with increased traffic, the Centers are becoming key community locations. 42- Continued development of collateral material is a priority this year. MEW ATTACHMENT 2 CONTRACT SERVICES AGREEMENT and LEASE EXTENSION THIS AGREEMENT FOR CONTRACT SERVICES and LEASE EXTENSION (the "Agreement"), is made and entered into by and between the CITY OF LA QUINTA, a California municipal corporation (the "City"), and LA QUINTA CHAMBER OF COMMERCE (the "Contractor") (the "Chamber"). WHEREAS, the City and Contractor originally entered into those certain funding and lease agreements for the 1991-1992 through 1998-1999 fiscal years; and, WHEREAS, both parties agree that the services performed by Contractor result in direct benefits to the project areas in commercial revitalization and stimulation. The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services related to the promotion, encouragement, representation and retention of business and business activities in the City of La Quinta, as specified in the "Scope of Services and Schedule of Performance" attached hereto as Exhibit "A" and incorporated herein by this reference (the "service" or "work"). Contractor warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards consistent with past services undertaken by Contractor. 1.2 Contractor's Proposal. The Scope of Services and Schedule of Performance shall include the Contractor's proposal or bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. 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. 1.4 Licenses, Permits, Fees, and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the following schedule, but not exceeding the maximum contract amount of One Hundred Fifty -Five Thousand ($155,000) (the "Contract Sum"). Payments shall be made upon receipt of invoice in accordance with the following schedule: Contract Payment July 15, 1999 $38,750 October 15, 1999 $38,750 January 15, 2000 $38,750 April 15, 2000 $38,750 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 the Scope of Services and Schedule of Performance (Exhibit "A"). Extensions to the time period specified in the Scope of Services and Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the scope of Services and Schedule of Performance (Exhibit "A") for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contracting Officer in writing of the causes of the delay. The Contracting 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 judgement such delay is justified, and the Contracting Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Section 7.7 of this Agreement, this Agreement shall continue in full force and effect until June 30, 2000. 7 013 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Shelly Morris, Chairman of the Board b. Senior Vice -chair C. Vice -chair d. Vice -Chair C. Ron DiGrandi, Immediate Past Chairman f. Douglas A. Yavanian, Executive Director It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Contractor and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be the City Manager or such other person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor 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 A)Zainst Subcontracting or Assi nment. The experience, know- ledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents, or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. The City shall provide Contractor with any plans, publications, reports, statistics, records or other data or information pertinent to services to be perforined hereunder which are reasonably available to the City. The City shall additionally provide Contractor staff assistance and shall take prompt and appropriate action when it will assist �n ensuring and timely performance by Contractor hereunder. I : I- 3 014 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. For all special events as defined in the Scope of Services (Exhibit "A"), the Contractor shall procure and maintain, at its cost, and submit according to the usual time frame required for insurance under a minor outdoor event permit, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's acts or omissions rising out of or related to Contractor's performance under this Agreement. Said insurance shall be the same as is required by the City pursuant to obtaining the minor outdoor event permit for each of the events. Contractor shall also carry general liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's act or omissions arising out of or related to Contractor's performance under this Agreement in an amount equal to One Hundred Thousand Dollars ($100,000) per individual and Three Hundred Thousand Dollars ($300,000) per occurrence. Contractor shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws and professional errors and omissions liability insurance. Such insurance shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days' written notice of proposed cancellation to City. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to any such losses. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insureds shall be delivered to and approved by the City concurrent with execution of this Agreement. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify the City, its contractors or employees. 5.2 Indemnification. The Contractor shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents, from and against any and all actions, suits, proceedings, claims, demands, losses, costs and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by the City) and for errors and omissions committed by Contractor, its officers, employees, and agents, arising directly or indirectly out of or related to Contractor's performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. 5.3 Remedies. In addition to any other remedies the City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, as its sole option: 1. Obtain such insurance and deduct and retain the amount of the premiums of such insurance from any sums due under this Agreement. 2. Order the Contractor to stop work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 4 o"15 3. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies the City may have and are not the exclusive remedies for Contractor'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 Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractors' performance of work under this Agreement. 6.0 RECORD AND REPORTS. 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. At a minimum, quarterly progress reports, including an accounting of expenditures, shall be provided on or about September 1999, December 1999, March 2000, and June 2000. 6.2 Records. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor, The injured party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, the City may take such immediate action as the City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be 5 ()16 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 7.7. 7.3 Retention of Funds. City may withhold from any monies payable to Contractor sufficient funds to compensate City for any losses, costs, liabilities or damages it reasonably believes were suffered by City due to the default of Contractor in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contractor requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement, except for termination by the City for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease spending City funds except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered and/or committed to contractually prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter. Contractor may also terminate this Agreement upon thirty (30) days written notice to City. 7.8 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, NON-DISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of the 6 rJ 1'7 City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any personal interest, director or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his personal interest of the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third parry any money or other consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section 9.1. To City: CITY OF LA QUINTA P. O. Box 1504 78-495 Calle Tampico La Quinta, California 92253 Attention: Thomas P. Genovese, City Manager To Contractor: LA QUINTA CHAMBER OF COMMERCE P. O. Box 255 78-371 Highway I I I La Quinta, California 92253 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. 7 018 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 effect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 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. 9.6 Lease. The Lease Agreement dated July 2, 1991 by and between the City of La Quinta and the La Quinta Chamber of Commerce shall remain in effect for an additional year, through June 30, 1999, according to its terms. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California CITY OF LA QUINTA, a California municipal Corporation JOHN J. PENA, Mayor City of La Quinta, California 8 U1-9 Dated: LA QUINTA CHAMBER OF COMMERCE M Name: Title: "CONTRACTOR" 020 EXHIBIT "A" SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE The Chamber shall provide the following services: A. Business Retention & Promotion B. Mainstreet Marketplace (6 events) C. The Gem Monthly Newspaper (10 editions) D. Visitor's Center The Chamber shall provide the City with written quarterly reports of its activities required by this Agreement. These reports will be submitted on the following schedule. First report - September, 1999 2. Second report - December, 1999 3. Third report - March, 2000 4. Fourth report - June, 2000 S:AcitymgrAcontract chamber 99-2000 wpd 10 T4ty,, 4 4a Q" AGENDA CATEGORY: BUSINESS SESSION: 2 COUNCIL/RDA MEETING DATE: July 6, 1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: PUBLIC HEARING: Consideration of Marketing Plan and Contract Services Agreement with Kiner/Goodsell Advertising for Fiscal Year 1999-2000 RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: Kiner/Goodsell's proposed marketing budget for Fiscal Year 1999-2000 is $217,500. This amount includes a retainer of $4,000 per month; therefore, the amount allocated to marketing programs is $169,500. The Fiscal Year 1999-2000 Preliminary Budget includes sufficient funding to support this request, as outlined in the Marketing Budget included as Attachment 1 . The marketing budget for Kiner/Goodsell was $154,885 for seven months (December — June) of Fiscal Year 1998-99. This amount included a retainer of $3,750 per month, with the remaining $128,635 allocated to marketing programs. CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the general fund to encourage, support and promote economic development." The services provided by Kiner/Goodsell will encourage, support and promote economic development. BACKGROUND AND OVERVIEW: Kiner/Goodsell has met with staff and prepared the attached Fiscal Year 1999- 2000 Marketing Plan for City Council consideration (Attachment 2). The primary marketing programs included in the Marketing Plan are Dine La Quinta, Live La Quinta, Business Attraction and Community Events. The Marketing Plan includes numerous tasks that will require significant oversight and management effort. These tasks include, but are not limited to: • preparing promotional materials, print ads, an economic development television commercial, an economic development television infomercial, and press releases; • coordinating special events including Dine La Quinta and Holiday in the Village; • coordinating Live La Quinta; and • designing and creating an economic development booth/display. Section 3.32.050 of the Municipal Code allows for the City Council to "authorize award and execution of service contracts with no competitive proposals where experience with the proposed service provider has demonstrated competence and satisfactory performance or in the renewal or renegotiation of existing contracts for continuing services." A Contract Service Agreement for Kiner/Goodsell to provide marketing services for Fiscal Year 1999-2000 has been drafted, and is attached for the City Council's review (Attachment 3). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve the Marketing Plan as submitted by Kiner/Goodsell Advertising and authorize the Mayor to execute the attached Contract Services Agreement for an amount not to exceed $217,500; or 2. Approve the Marketing Plan with changes and authorize the Mayor to execute the attached Contract Services Agreement with changes for an amount not to exceed $217,500; or 3. Do not approve the Marketing Plan and do not authorize the Mayor to execute the attached Contract Services Agreement; or 4. Provide alternative direction to staff. Respectfully submitted, Linda Coyle, Manage e t Analyst City Manager's Office Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Fiscal Year 1999-2000 Marketing Budget 2. Fiscal Year 1999-2000 Marketing Plan 3. Contract Services Agreement ATTACHMENT 1 Marketing Budget FY 1999-2000 603-000-605-822 Marketing Services 75,500.00 K/G Retainer 48,000.00 Taste of LQ-acct svcs & outside svcs 8,006.90 Holiday Village-acct svcs & outside svcs 16,330.00 Golf Cart Parade Float -art direction 457.94 Live LQ-acct svcs 1,275.00 Collateral Materials -art direction 1,190.63 Sutotal 75,260.47 101-103-605-821 Promotional Materials 25,500.00 Dine/Shop LQ Card 5,952.35 Holiday Street Decorations 6,576.72 Golf Cart Parade Float 2,040.00 Festival of Lights Parade Float 1,140.00 Date Festival Parade Float 840.00 Collateral Materials 8,835.50 Subtotal 25,384.57 101-103-643-823 Media Promotion 57,500.00 Taste of LQ-advertising 8,800.00 Dine LQ-TV 20,000.00 Dine LQ-radio 5,200.00 Dine LQ-newspaper 6,000.00 Holiday Village -advertising 5,000.00 Live LQ-advertising 8,725.00 Subtotal 53,725.00 101-103 Capital Capital Equipment 11,100.00 Econ Development Booth 11,022.82 Subtotal 11,022.82 101-402-605-542 AB 939 Recycling Programs 6,500.00 Keep LQ Clean Gamby Stickers 6,341.09 Subtotal 6,341.09 RDA Budget 405-902-643-XXX Economic Development Marketing 16,700.00 406-905-643-XXX Economic Development Marketing 33,300.00 Econ Dev Informercial & Commercial Preparation 16,337.60 Econ Dev Infomercial-TV Time 8,700.00 Econ Dev Commercial -TV Time 10,000.00 Econ Dev Print Advertising 10,000.00 Econ Dev Print Ad Preparation 709.80 Subtotal 45,747.40 K/G Contract Amount Fiscal Year 1999-2000 $217,481.35 Amount Budgeted in Fiscal Year 1999-2000 Preliminary Budget $226,100.00 ATTACHMENT 2 The Marketing Plan is included under separate cover. ATTACHMENT 3 CONTRACT SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, (the "City") and KINER/GOODSELL ADVERTISING (the "Contractor"). The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services related to implementing a marketing and public relations program for the City of La Quinta, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). The Marketing Plan submitted by Kiner/Goodsell outlines specific components of the marketing and public relations program and is attached hereto as Exhibit "B" and incorporated herein by this reference. Contractor warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Contractor's Proposal. The Scope of Services shall include the Contractor's proposal and bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of the proposal and this Agreement, the terms of this Agreement shall govern. 1.3 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. 1.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions Page 2 attending performance of the work under this Agreement. Should the Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer (as defined in Section 4.4 hereof). 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Contractor shall not relieve Contractor from any obligation to correct any incomplete, inaccurate or defective work at no further cost to the City, when such inaccuracies are due to the negligence of Contractor. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, the Contractor shall perform services in addition to those specified in the Scope of Services (Exhibit "A") when directed in writing to do so by the Contract Officer, provided that Contractor shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.8 Correction of Work. The performance of services or acceptance of information furnished by Contractor shall not relieve the Contractor from obligation to correct any defective, inaccurate or incomplete work subsequently discovered and all such work shall be remedied by the Contractor on demand without cost to the City. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in an amount not exceeding the maximum contract amount of two hundred seventeen thousand, five hundred dollars ($217,500), (the "Contract Sum"), except as provided in Section 1.7. The Contract Sum includes payment of the Contractor's Monthly Contractor Fee as provided in Section 2.2. 2.2 Monthly Contractor Fee. The Monthly Contractor Fee paid to Contractor shall not exceed $4,000 per month to implement the City's marketing and public relations program, for a total of $48,000 through the Term of this Agreement. The Monthly Contractor Fee covers at least fifty (50) account service hours per month. These hours include basic account service including, but not limited to, client meetings (in person, by phone, fax or e-mail), strategic planning, budgeting, investigating PR 3 Page 3 opportunities, media relations, media placement, research, and production management. The Monthly Contractor Fee includes the writing and distribution of an average of four (4) local press releases per month. The Monthly Contractor Fee covers meetings to include at least one in person meeting at La Quinta City Hall every two weeks, and weekly updates via telephone or e-mail on the alternate weeks. Contractor shall track all account services hours for this project and submit a list of account services hours and the associated tasks/work completed as part of a Monthly Status Report, as described in Section 2.7, to the Contract Officer by the 25' of each month throughout the Term of this Agreement. Prompt and complete submission of the Monthly Status Report to the Contract Officer will assist in ensuring prompt payment of the Monthly Contractor Fee. 2.3 Costs for Marketing Plan Items. The Marketing Plan (Exhibit"B") submitted by Kiner/Goodsell outlines specific components of the City's marketing and public relations program. The amount paid to Contractor shall not exceed $169,500 for Marketing Plan items through the Term of this Agreement. The Marketing Plan includes cost estimates (plus or minus 10%) for graphic design, production, photography, etc. for all items contained in the Marketing Plan. These cost estimates shall remain in effect through the Term of the Agreement. Marketing Plan items will be invoiced separately based on the cost estimates included in the Marketing Plan. Cost overruns greater than the 10% included in the cost estimates must be approved by the Contract Officer prior to work commencing in order for full payment of work to be received by Contractor. 2.4 Vendor Services. Contractor shall act on the City's behalf to negotiate prices for vendor services. Vendor will be charged to the City at cost plus 20% to cover time and administrative costs. Vendor services include printing, talent, video and studio time. Vendor invoices shall be included with Contractor invoices in order to receive reimbursement. 2.5 Account Services Expenses. Contractor shall invoice account service expenses at cost, with no markup. These expenses include postage, long- distance telephone, and extraordinary travel outside of the Coachella Valley, as directed by Contract Officer (i.e. representation of City at a trade show outside of the Coachella Valley). Normal costs of doing business are absorbed in the Monthly Contractor Fee. 2.6 Additional Graphic Design and Production. The Marketing Plan includes cost estimates (plus or minus 10%) for graphic design, production, photography, etc. for all items contained in the Marketing Plan. Additional graphic design and production will be billed at the rate of $85/hour. Any production that is not included in the Marketing Plan will be estimated by the Contractor and approved by the Contract Officer in advance of work commencing. Such work will be authorized as described in the Section 4.8 of this Agreement. Page 4 2.7 Monthly Status Reports and Budget Updates. By the 251h day of each month throughout the Term of this Agreement, Contractor shall forward a written Monthly Status Report and Budget Update to the Contract Officer. The Monthly Status Report shall include all work items completed during the month, and work items anticipated to be completed in the upcoming month; as well as, a list of account service hours and associated tasks/work completed. The Budget Update shall include the current status of the budget including all items billed to date, total amount of budget expended, and total amount of budget remaining. The Monthly Status Report and Budget Update must be received in order to process payment of Monthly Contractor Fee and/or other invoices submitted by Contractor. Failure to submit the Monthly Status Reports and Budget Updates may result in withholding payment on invoices. Prompt and complete submission of the Monthly Status Report and Budget Update to the Contract Officer will assist in ensuring prompt payment of the Monthly Contractor Fee and invoices. 2.8 Method of Payment. Any month in which Contractor wishes to receive payment, Contractor shall submit to the City no later than the tenth (10th) working day of such month, in the form approved by the 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, (2) specify each staff member who has provided services and the number of hours assigned to each such staff member, (3) indicate the total expenditures to date, and (4) the total amount remaining to date. 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 Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. Failure to submit the Monthly Status Reports and Budget Updates may result in withholding payment on invoices. Prompt and complete submission of the Monthly Status Report and Budget Update to the Contract Officer will assist in ensuring prompt payment of the Monthly Contractor Fee and invoices. 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 Section 3.4. Extensions to the time period specified in Section 3.4 may be approved in writing by the Contract Officer. Page 5 3.3 Force Majeure. The time period specified in the Section 3.4 for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect from July .6, 1999 through June 30, 2000. 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Scott Kiner, Principal b. Lee Goodsell, Principal It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a material inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Contractor and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contractor's Project Managers. Scott Kiner and Lea Goodsell shall through the duration of the Agreement term act as the Contractor's Project Managers for services required under this Agreement. Mr. Kiner and/or Ms. Goodsell shall attend all meetings with the City, answer phone calls from City, and act as the City's "point person" for this project. As Project Managers, Mr. Kiner and Ms. Goodsell are providing extraordinary and unique services to the City that cannot be replaced or adequately compensated in money damages, and thus any unilateral assignment of the rights and duties of Kiner/Goodsell and/or Scott Kiner and/or Lea Goodsell will cause irreparable Page 6 injury to the City. Therefore, the Contractor agrees that in the event of any assignment, change of ownership, merger, or change in partnership arrangement and/or Scott Kiner or Lea Goodsell is no longer with the Contractor for any reason, the entire Agreement at the City's sole discretion shall be rendered null and void, and shall discharge any and all duties which the City has under this Agreement. 4.3 Project Management of Scope of Services. Once task authorization is received, the Contractor shall have the sole and full responsibility for all aspects of project management and implementation of all programs and tasks including, but not limited to, the Dine La Quinta program, Live La Quinta program, business attraction program, and community events program. Such project management and implementation responsibilities include, but are not limited to, coordination with the media, businesses, restaurants, retailers, builders and the Chamber of Commerce; and distributing collateral materials produced for programs to City Hall, Chamber of Commerce, retail outlets, etc. All economic development leads shall be referred to the City Contract Officer for follow up. 4.4 Contract Officer. The Contract Officer shall be the Assistant City Manager of the City or such other person as may be designated by the Assistant City Manager of the City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor 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. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. In the event that Contractor does not obtain prior written approval of City, the entire Agreement at the City's sole discretion shall be rendered null and void, and shall discharge any and all duties which the City has under this Agreement. Page 7 4.6 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.7 City Cooperation. The City shall provide Contractor with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to the City. The City shall additionally provide Contractor staff assistance and shall take prompt and appropriate action when it will assist in ensuring and timely performance by Contractor hereunder. 4.8 Task Authorization. The approval of the Marketing Plan by the City Council and/or the execution of this Agreement by the parties hereto does not constitute an authorization to proceed with the work specified in said Agreement. The Contract Officer shall separately authorize Contractor to proceed on the tasks in the bi-weekly in -person meetings. Contractor shall have no claims for compensation for services on all or part of any work task upon which the Contract Officer has not authorized Contractor to proceed. 4.9 No Changes to Work Required. Contractor shall make no change in the character or extent of the work required by this Agreement, except as may be authorized in writing by City. Such supplemental authorization shall set forth the specific changes of work to be performed and any related extension of time and/or adjustment of fee to be paid to Contractor by City as provided for in Sections 1.7 and 9.3 of this Agreement. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. The Contractor shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's acts or omissions rising out of or related to Contractor's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insureds shall be delivered to and approved by the City prior to commencement of the services Page 8 hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Coverage (personal injury/ Contract Sum property damage) 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 The Contractor shall also 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 the Contractor, its officers, any directly or indirectly employed by the Contractor, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability'of interest clause providing that coverage shall be primary for losses arising out of Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insureds shall be delivered to and approved by the City prior to commencement of the services hereunder. Contractor shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws. 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 of proposed cancellation to City. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify the City, its officers, employees, contractors, subcontractors or agents. 5.2 Indemnification. The Contractor shall defend, indemnify and hold harmless the City, its officers, officials, employees, representatives and agents, from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by the City) and for errors and omissions committed by Contractor, its officers, anyone directly or indirectly employed by Contractor, any subcontractor, and agents or anyone for whose acts any Page 9 of them may be liable, arising directly or indirectly out of or related to Contractor's performance under this Agreement, except to the extent of such loss as may be caused by City's own active negligence, sole negligence or willful misconduct, or that of its officers or employees. 5.3 Remedies. In addition to any other remedies the City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the 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 the Contractor to stop work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies the City may have and are not the exclusive remedies for Contractor'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 Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. By the 25' day of each month throughout the term of this Agreement, Contractor shall forward a written Monthly Status Report and Budget Update to the Contract Officer. The Monthly Status Report shall include all work items completed during the month, and work items anticipated to be completed in the upcoming month; as well as, a list of account service hours and associated tasks/work completed. The Budget Update shall include the current status of the budget including all items billed to date, total amount of budget expended, and total amount of budget remaining. The Monthly Status Report and Budget Update must be received in order to process payment of Monthly Contractor Fee and/or other invoices submitted by Contractor. Failure to submit the Monthly Status Reports and Budget Updates may result in withholding payment on invoices. Prompt and complete submission of the Monthly Status Report and Budget Update to the Contract Officer will assist in ensuring prompt payment of the Monthly Contractor Fee and invoices. Page 10 6.2 Records. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. 6.3 Ownership of Documents. All materials, whether in hard copy or electronic form, which are prepared by Contractor, its employees, subcontractors or agents in the performance of this Agreement including but not limited to taglines, mascot, mascot name, mascot costume, mascot likeness, "Quail Quill", logos, names, film, artwork, transparencies, articles, editorials, press releases, ads, videos, scripts, collateral materials, photography, photo library, graphics, web site design and artwork, and other written or graphic documents and exhibits; shall, upon payment by City for same, be the property of the City. Such items shall include any and all drafts, designs, mockups, drawings and completed materials. During the term of the Agreement, these materials, other than printed collateral materials, will generally remain on Contractor premises under City ownership. Such materials owned and paid for by the City shall be used exclusively in Contractor work for the City. Contractor shall not use City owned materials for any other purpose or client without prior, express written authorization from the Contract Officer. Upon the termination of this Agreement or upon earlier request of the Contract Officer, all above -listed materials shall be delivered to City, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the materials hereunder. Contractor shall cause all subcontractors and vendors to assign to the City any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages suffered thereby. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Contractor shall not disclose to any other private entity or person any information regarding the activities of the City, except as required by law or as authorized by the 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 Page 11 out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, the City may take such immediate action as the City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Contractor sufficient funds to compensate City for any losses, costs, liabilities or damages it reasonably believes were suffered by City due to the default of Contractor in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contractor requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. .w� Page 12 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 7.9 for termination for cause. Both parties to this Agreement reserve the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with Section 6.3 or such as may be approved by the Contract Officer, except as provided in Section 7.3. Contractor shall keep adequate records to substantiate the cost claimed. 7.8 Termination For Default Of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the 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; NON-DISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. Page 13 Contractor hereby covenants that it has, at the time of the execution of this Agreement, no interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement, nor shall it acquire any such interest at any time during such performance of services. Contractor further covenants that during the performance of this Agreement, no person having any such interest shall be employed by Contractor. 8.3 No Future Conflict of Interest. While under contract to the City, Contractor shall not for any new or existing client, bid on or accept any projects or contracts related to or including marketing, advertising and public relations for a Coachella Valley based city, travel or tourist area for economic development related purposes. Such action will be deemed a conflict of interest and the entire Agreement at the City's sole discretion shall be rendered null and void, and shall discharge any and all duties which the City has under this Agreement. City at its sole discretion shall determine whether an action is deemed to be a conflict of interest. 8.4 Covenant against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, disability or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, physical disability, mental disability, medical condition, age or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section 9.1. To City: CITY OF LA QUINTA 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 Attention: Mark Weiss, Assistant City Manager Page 14 To Contractor: Kiner/Goodsell Advertising 73-101 Highway 1 1 1, Suite 4 Palm Desert, California 92260 Attention: Scott Kiner 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. 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 effect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 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: Dated: THOMAS P. GENOVESE, City Manager "CITY" ATTEST: SAUNDRA L. JUHOLA, Secretary APPROVED AS TO FORM: DAWN C. HONEYWELL, City Legal Counsel Dated: KINER/GOODSELL: Name: Title: Page 15 "CONTRACTOR" EXHIBIT "A" SCOPE OF SERVICES 1999-2000 Contractor shall receive a Monthly Contractor Fee to implement the City of La Quinta's marketing and public relations program. The Monthly Contractor's Fee covers at least fifty (50) account service hours per month to include: • Full responsibility for all aspects of project management and implementation of all programs and tasks listed in the Marketing Plan, including, but not limited to, the Dine La Quinta program, Live La Quinta program, business attraction program, and community events program. • Project management and implementation responsibilities include, but are not limited to, coordination with the media, businesses, restaurants, retailers, builders and the Chamber of Commerce; and distributing collateral materials produced for programs to City Hall, Chamber of Commerce, retail outlets, etc. • Basic account services • Client meetings (in person, by phone, fax or e-mail), including at least one in person meeting at La Quinta City Hall every two weeks, and weekly updates via telephone or e-mail on the alternate weeks • Strategic planning • Budgeting • Investigating public relations opportunities • Media relations • Media placement • Research • Production management • An average of four (4) local press releases per month • Tracking of account services hours • Completion of Monthly Status Reports to include all work items completed during the month, and work items anticipated to be completed in the upcoming month; as well as, a list of account service hours and associated tasks/work completed. • Completion of Monthly Budget Updates to include the current status of the budget including all items billed to date, total amount of budget expended, and total amount of budget remaining. • Assume responsibility for project accuracy upon approval of direction and specifications from Contract Officer. • Practice and assume responsibility for quality control throughout the Term of the Agreement, including but not limited to checking for defects, errors in design, page composition, format, misspelled words, print and color specifications prior to delivery to City. • Assure timely delivery of work items. 0 T4hf 4 s(P Q" COUNCIL/RDA MEETING DATE: July 6, 1999 ITEM TITLE: Consideration of Approval of a Resolution to Approve the Initiation of Proceeding and the Assumption of Jurisdiction by the Coachella Valley Water District for the Acquisition of Certain Improvements Pursuant to the Provisions of the Municipal Improvement Act of 1913 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: 5 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council authorizing the Coachella Valley Water District (CVWD) to form proposed Assessment District No. 67 for Century Homes, Tract Nos. 23995-6, 23995-7, and 23995-8 to pay water systems backup facilities charges and sanitation capacity charges for those named tracts. FISCAL IMPLICATIONS: No fiscal impacts to the City of La Quinta are associated with this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On May 11, 1999, the CVWD Board of Directors passed Resolution No. 99-78 requesting the consent of the City of La Quinta's City Council to allow CVWD to complete the formation of Assessment District No. 67. A copy of that Resolution is included as Attachment #1. A site map of the proposed Assessment District is also included as part of Attachment #1 . The purpose of this Resolution is to allow CVWD to form an Assessment District for Tract Nos. 23995-6, 23995-7, and 23995-8 in the City of La Quinta to provide funding for the water supply capacity and sewer capacity in the CVWD's water system and sewer system. The Assessment District will be formed under the provisions of the Municipal Improvement Act of 1913. Pursuant to the Municipal Improvement Act of 1913, and the Streets and Highway Code, Section 10104, CVWD must submit a Resolution of Intention and a map indicating the extent of the territory included in the proposed Assessment District and receive the City's consent prior to the proceedings required for the formation of an Assessment District within the City's jurisdictional boundaries. CVWD is attempting to form Assessment District No. 67 in order to pay water system backup facilities charges and sanitation capacity charges for Century Homes Tract Nos. 23995-6, 23995-7, and 23995-8. This is being completed in order to assist the developers with the payment of fees required by CVWD. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council authorizing the Coachella Valley Water District (CVWD) to form proposed Assessment District No. 67 for Century Homes, Tract Nos. 23995-6, 23995-7, and 23995-8 to pay water systems backup facilities charges and sanitation capacity charges for those named tracts; or 2. Do not adopt a Resolution of the City Council authorizing the Coachella Valley Water District (CVWD) to form proposed Assessment District No. 67 for Century Homes, Tract Nos. 23995-6, 23995-7, and 23995-8 to pay water systems backup facilities charges and sanitation capacity charges for those named tracts; or 3. Provide staff with alternative direction. Respectfully submitted, r Chris A. Vogt Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Resolution No. 99-78 T:\PWDEPT\COUNC1L\1 999\990706a. wpd RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, APPROVING THE INITIATION OF PROCEEDINGS AND THE ASSUMPTION OF JURISDICTION BY THE COACHELLA VALLEY WATER DISTRICT FOR THE ACQUISITION OF CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE MUNICIPAL IMPROVEMENT ACT OF 1913 ASSESSMENT DISTRICT NO. 67 WHEREAS, the Board of Directors of the Coachella Valley Water District (the "District") is contemplating the acquisition of certain improvements in the City of La Quinta (the "City") under the provisions of the Municipal Improvement Act of 1913; and WHEREAS, pursuant to the Municipal Improvement Act of 1913, the consent of the City Council is required for the above proceedings; and WHEREAS, the District, in accordance with Section 10104 of the Streets and Highways Code, has submitted to this City Council the proposed Resolution of Intention and a map indicating the extent of the territory included in the proposed assessment district; NOW, THEREFORE, the City Council of the City of La Quinta DOES HEREBY RESOLVE as follows: SECTION 1 . The City Council hereby approves of and consents to the initiation of proceedings and the acquisition of the improvements as described by said proposed Resolution of intention, for the benefit of the area shown on said map. SECTION 2. Said Resolution of Intention is approved with the understanding that said Resolution may be modified or amended in order to carry out the purpose of the assessment district and the consent of this City Council hereby is given to the exercise by the Board of Directors of the District of exclusive jurisdiction over all proceedings necessary thereto for the purpose of consummating the same, all in accordance with the provisions of the Municipal Improvement Act of 1913. SECTION 3. The City Clerk of the City hereby is authorized and directed to certify to the adoption of this resolution and to deliver two certified copies thereto to the District. T:\PW DEPT\COUNCIL\1999\990706a. wpd PASSED, APPROVED, AND ADOPTED this 61h day of July, 1999 by the following vote: AYES: NOES: ABSTAIN: ABSENT: John J. Pena, Mayor City of La Quinta, California ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California 00 T:APWDEPTV000NCILU 999V990706a.wpd ATTACHMENT 1' 1 2 3 4 5 6 7 8 9 10 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION NO. 99-78 RESOLUTION OF THE BOARD OF DIRECTORS OF THE COACHELLA VALLEY WATER DISTRICT, COUNTY OF RIVERSIDE, CALIFORNIA, REQUESTING THE CONSENT OF THE CITY COUNCIL OF THE CITY OF LA QUINTA TO THE FORMATION OF AND THE ACQUISITION OF IMPROVEMENTS FOR THE BENEFIT OF ASSESSMENT DISTRICT NO. 67 WHEREAS, this Board of Directors wishes to consider providing to Tract Nos. 23995-6, 23995-7 and 23995-8 in the City of La Quinta, water supply capacity and sewer capacity in the Coachella Valley Water District's water system and sewer system, respectively, (the "Improvements") and to order the formation of an assessment district to pay the costs thereof under and pursuant to the provisions of the Municipal Improvement Act of 1913, all as described in the Proposed Resolution of Intention attached hereto as Exhibit A ("the Proposed Resolution of Intention"); and WHEREAS, the proposed assessment district, if it is formed, is to be known and designated as Assessment District No. 67 (the "Assessment") ; and WHEREAS, the property proposed to be included in the Assessment District is located in the Coachella Valley Water District and the City of La Quinta (the "City") ; and WHEREAS, under the circumstances described hereinabove, it is necessary to obtain the consent of the City Council of the City before proceeding with the formation of the Assessment District and the ordering of the Improvements. NOW, THEREFORE, the Board of Directors of the Coachella Valley Water District does hereby find, determine, resolve and order as follows: Section 1. The above recitals, and each of them, are true and correct. Section 2. The Improvements are of such a character that it directly and peculiarly affects properties within Tract Nos. 23995-6, 23995-7 and 23995-F in a portion of the City which is proposed to be included in the Assessment District and which properties will be benefited by the Improvements. 0or 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Section 3. The City Council of the City hereby is requested to consent to the formation of the Assessment District, to the Improvements proposed to be acquired for the benefit of Tract Nos. 23995-6, 23995-7 and 23995-8 in the City and to the assumption by the District of jurisdiction thereover for such purposes, all as described in the Proposed Resolution of Intention. Section 4. The Secretary is hereby authorized and directed to forward a certified copy of this Resolution, together with the Proposed Resolution of Intention and a Map of the Assessment District, to the City Council of the City. Section 5. This Resolution shall take effect immediately upon its adoption. &&&- President of the Board of Directors of the Coachella Valley Water District ATTEST: Secretary of the Board of Directors of the Coachella Valley Water District 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 EXHIBIT A RESOLUTION NO. 99- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COACHELLA VALLEY WATER DISTRICT, CALIFORNIA, DECLARING ITS INTENTION TO TAKE PROCEEDINGS PURSUANT TO THE MUNICIPAL IMPROVEMENT ACT OF 1913, AND MAKE CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH, ALL RELATING TO THE FORMATION OF ASSESSMENT DISTRICT NO. 67 WHEREAS, the Board of Directors of the Coachella Valley Water District (the "District") desires to provide to Tract Nos. 23995-6, 23995-7 and 23995-8 located in the District and in the City of La Quinta water supply capacity and sewer capacity in the District's water system and sewer system, respectively, (the "Improvements") and to order the formation of an assessment district to pay the costs thereof under and pursuant to the provisions of the Municipal Improvement Act of 1913 (the 1913 Act") ; and WHEREAS, the proposed assessment district, if it is formed, is to be known and designated as Assessment District No. 67; and WHEREAS, the proposed boundaries of the Assessment District are shown on a map which indicates by a boundary line the extent of the territory proposed to be included in the Assessment District, which map is designated "Proposed Boundaries of Assessment District No. 67" (the "Map"), which Map is on file in the office of the Secretary of the District; and WHEREAS, this Board of Directors has received from the owners of all of the property within the Assessment District a petition regarding the formation of the Assessment District and waiving and requesting the District to dispense with any and all proceedings and all limitations required by the Special Assessment Investigation, Limitation and Majority Protest Act of 1931; and WHEREAS, the District has requested and receive, from the City Council of the City of La Quinta consent to the initiation of proceedings for the formation of the Assessment District and the acquisition of the Improvements. 008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 NOW, THEREFORE, the Board of Directors of the Coachella Valley Water District assembled in regular meeting this _ day of 1999, does hereby find, determine, resolve and order as follows: Section 1. The above recitals, and each of them, are true and correct. Section 2. The Map is approved and the Secretary is authorized to record the Map in the office of the County Recorder, County of Riverside. Section 3. The Improvements generally include the acquisition from the Coachella Valley Water District of water supply capacity and sewer capacity in the District's water system and sewer system, respectively, for the benefit of Tract Nos. 23995-6, 23995-7 and 23995-8, as set forth in the report of the District designated "Acquisition of Water System Capacity and Sewer System Capacity for Tract Nos. 23995-6, 23995-7 and 23995-8 within Assessment District No. 67" which report is on file in the office of the Secretary. Section 4. The public interest and necessity require the Improvements, and the Improvements will be of direct benefit to the properties and land within the Assessment District. The Board of Directors hereby declares its intention to order the acquisition of the Improvements, to make the expenses thereof chargeable upon the area included within the Assessment District, and to form the Assessment District. Section 5. The Board of Directors further declares its intention to levy a special assessment upon the land within the Assessment District in accordance with the respective special benefit to be received by each parcel of land from the Improvements. There shall be omitted from special assessments all public streets and alleys owned by the City of La Quinta as shown on the Map. In compliance with Article KID, Section 4 of the California Constitution, this Board of Directors finds that all public streets and alleys will receive no special benefit from the Improvements. Section 6. This Board of Directors finds and determines that before ordering the acquisition of the Improvements it shall take proceedings pursuant to the 1913 Act. 009 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 - 22 23 24 25 26 27 28 29 30 31 32 Section 7. The General Manager -Chief Engineer is hereby appointed the Engineer of Work and the Superintendent of Streets. The Engineer of Work is hereby authorized and directed to make and file with the Secretary a written report with regard to the 1913 Act (the "Report"), which Report shall comply with the requirements of Section 10204 of the Streets and Highways Code. Section 8. Following the acquisition of the Improvements and the payment of all incidental expenses in connection with the formation of the Assessment District and the issuance of bonds pursuant to the Improvement Bond Act of 1915, any surplus remaining in the improvement fund established for the Assessment District shall be used as determined by the Board of Directors as provided in Section 10427 of the Streets and Highways Code. Section 9. Bonds bearing interest at a rate not to exceed 12 percent per annum will be issued hereunder in the manner provided in the Improvement Bond Act of 1915 to represent the unpaid assessments. The principal amount of such bonds maturing each year shall not be an amount equal to an even annual proportion of the aggregate principal amount of the bonds, but rather (except as specifically otherwise provided by the Board of Directors in connection with the sale of such bonds), shall be an amount which, when added to the amount of interest payable in each year, will generally be a sum which is approximately equal in each year (with the exception of the first year and any adjustment required with respect thereto). The last installment of such bonds shall mature a maximum of twenty-five (25) years from the second day of September next succeeding twelve months after their date. Section 10. The provisions of Part 11.1 of the Improvement Bond Act of 1915, providing an alternative procedure for the advance payment of assessments and the calling of bonds, shall apply. Section 11. The Board of Directors hereby determines that the District will not obligate itself to advance available funds from its treasury to cure any deficiency which may occur in the bond redemption fund established for the Assessment District. 01 r, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Section 12. It is hereby determined that the bonds proposed to be issued in these proceedings may be refunded. Any adjustment to assessments resulting from such refunding shall be done on a pro rata basis as required pursuant to Section 8571.5 of the Streets and Highways Code. Any such refunding shall be pursuant to the provisions of Division 11.5 (commencing with Section 9500) of the Streets and Highways Code, except that, if, following the filing of the report specified in Section 9523 and any subsequent modifications of the report, the Board of Directors finds that all of the conditions specified in Section 9525 are satisfied and that the adjustments to assessments are on a pro rata basis, the Board of Directors may approve and confirm the report and any, without further proceedings, authorize, issue, and sell the refunding bonds pursuant to Chapter 3 (commencing with Section 9600) of Division 11.5 of the Streets and Highway Code. Any such refunding bonds shall bear interest at the rate of not to exceed twelve percent (12%) per annum, or such higher rate of interest as may be authorized by applicable law at the time of sale of such bonds; and the last installment of such bonds shall mature on such date as will be determined by the Board of Directors in the proceedings for such refunding. Section 13. This Resolution shall take effect immediately upon its adoption. President of the Board of Directors of the Coachella Valley Water District ATTEST: Secretary of the Board of Directors of the Coachella Valley Water District n Oil I 2 3 4 5 6 7 8 9 10 14 15 16 17 18 19 20 21 - 22 23 24 25 26 27 28 29 30 31 32 STATE OF CALIFORNIA ) COACHELLA VALLEY WATER DISTRICT ) ss. OFFICE OF THE SECRETARY ) I, BERNARDINE SUTTON, Secretary of the Board of Directors of the Coachella Valley Water District, DO HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution No. 99-78 adopted by the Board of Directors of said District at a regular meeting thereof duly held and convened on the llth day of May, 1999, at which meeting a quorum of said Board was present and acting tt oughout. Dated this llth day of May, 1999. r Secretary of the Coachella Valley Water District and of the Board (SEAL) of Directors thereof. 012 ASSESSMENT DISTRICT 67 I 1 I I � TRACT 23995 - 6, CITY OF LA QUINTA (PHASE 6) I TRACT 23995 - 7, CITY OF LA QUINTA (PHASE 7) I TRACT 23995 - F, CITY OF LA QUINTA (PHASES 8,9 & 10) PROJECT SITE PROJECT MAP NO SCALE POR. OF SEC. 19, T.S.S., R.7.E. e- I:s TWY,1 4 XP Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 6, 1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of Approval of Investment Advisory Board PUBLIC HEARING: 1999/2000 Work Plan RECOMMENDATION: Approve the Investment Advisory Board 1999/2000 Work Plan. FISCAL IMPLICATIONS: Fiscal implications consist of Board Member meeting expenses, budgeted at $4,200, and staff support time. CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: The Investment Advisory Board proposed a 1999/2000 Work Plan (Attachment No. 1) at their June 16, 1999 meeting consisting of the following: • Request for Proposal for Banking Services; • Review of Internal Controls; • Review of Board Functions as related to the City Ordinance; and • Other reoccurring items such as the monthly Treasurers report, LAIF reports and monthly Cash reports. FINDINGS & ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the Investment Advisory Board 1999/2000 Work Plan; or 2. Do not approve the Investment Advisory Board 1999/2000 Work Plan; or 3. Provide staff with alternative direction. John M. Falconer FinAnce Director ApproyRd for Submi�siw,,by: Thomas P. Genovese City Manager Attachment: Investment Advisory Board 1999/2000 Work Plan 314 (.)2 ATTACHMENT NO. 1 City of La Quinta Investment Advisory Board Fiscal Year 1999/2000 Work Plan • Request for Proposal for Banking Services; • Review of Internal Controls; • Review of Board Functions as related to the City Ordinance; and • Other reoccurring items such as the monthly Treasurers report, LAIF reports and monthly Cash reports. 04 c&-,,, 4 a(P Q" COUNCIL/RDA MEETING DATE: July 6, 1999 ITEM TITLE: Consideration of Contract Grant Agreement and Community Services Grant Process RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Minimal for this action. The City Council will consider funding levels for the Contract Services Agreement and Community Services Grant Program as part of the FY 1999- 2000 budget process. CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: The City Council, at its regular meeting on June 3, 1997, approved the Community Services Grant Program process, as well as the Contract Grant Agreement process (Attachment 1.) At the May 19, 1998 City Council meeting, modifications to the processes were approved (Attachment 2.) Prior to Fiscal Year 1998/99, the Cultural Commission and Parks and Recreation Commission would review the grant applications submitted through these two processes and forward their funding recommendations to the City Council for consideration. For Fiscal Year 1998/99, staff forwarded the funding requests directly to the City Council for consideration. Contract Grant Agreement During Fiscal Year 1998/99, four organizations were funded through the Contract Grant Agreement. This process did not include an actual Agreement or Contract, but did include a form for reconciliation. The organizations funded were: McCallum Theatre, La Quinta Arts Foundation, La Quinta Historical Society, and La Quinta On Stage (Attachment 3). The requests for Contract Grant Agreements have historically been budgeted as line items. Staff is seeking City Council direction on whether to continue with this process or proceed with an alternative process for the processing of Contract Grant Agreement requests. A:\Grant Applications Community Services Grant Program During Fiscal Year 1998/99, seven organizations were funded through the Community Services Grant Program (Attachment 3). The funding of the requests for this program have historically been funded by the Special Project Contingency. Staff is seeking City Council direction on whether to continue with this process or proceed with an alternative process for the processing of Community Services Grant Program requests. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council are: 1 . Approve the current Grant Program processes; or 2. Approve the current Grant Program processes with modifications; or 3. Do not approve the Grant Program processes; or 4. Provide staff with alternative direction. Respectfully submitted, Dodie Horvitz, Community Services Director Approved for submission by: /, ac Thomas P. Genovese, City Manager Attachments: Attachment 1 - City Council Meeting Minutes of June 3, 1997 Attachment 2 - City Council Meeting Minutes of May 19, 1998 Attachment 3 - Community Services Reconciliation Report 1998/99 r •.y VV A:\Grant Applications ATTACHMENT 1 City Council Minutes 4 June , 1997 Council Member Adolph felt everything that Council discussed in the Plan and he thanked staff for doing a great job. Council Member Sniff felt it was an excellent repor nd advised that he believes there's value in dividing some sections into alter bullet points. He felt that the references in the report to "east vat " should be changed and after a brief discussion, Council concurred ;+001 anging it to "eastern central valley." Robert Tyler, 44-215 Villeta Drive, ref d to Page 16 of the EDP and asked what an "extended -stay, suite hotel' and how it would impact the schools and church that have been previous discussed for that location (Miles Avenue and Washington Street). Mr. Weiss advised tha/Dist' ve been looking at alternative uses for that site and that the Schools still considering acquiring a portion of it for schools. In regard ended -stay, suite hotel, he advised that they usually have units wis or kitchenettes for longer stays. Council MemberAnderson suggested adding "development of a web -site" under marketin n Page 18. MOTION - I as moved by Council Members Sniff/Adolph to approve the 1997/98 Vbnomic Development Plan as modified, describing the location of La Quint s "eastern central valley" and to include under "Marketing," a City web-sitf. Motion carried unanimously. MINUTE ORDER NO. 97-82. ........... continued ComrAsioner David A. Rohy, of the California Energy Commission, presented the A. E. S. (Assuring Compliance with the Energy Standards) Award to the Building & afety Department, advising that this is the second year they've presented the ards and the second year the City has received one, noting that only 14 out of 500 uilding departments were selected to receive the awards this year. BUSINESS SESSION ............ continued 2. CONSIDERATION OF: 1) DRAFT CONTRACT SERVICES AGREEMENT APPLICATION FORM, AND, 2) COMMUNITY SERVICES GRANT PROCESS. Mr. Weiss, Assistant City Manager, advised that the Contract Services Agreement form and the Community Services Grant application have both been City Council Minutes 5 June 3, 1997 revised as directed by Council on May 20, 1997 and are included in the staff report along with a draft letter to be sent to those who have requested grant funding during the last year or have asked to be considered during this year. Also included is a draft notice for publication, announcing the Community Services Grant Program and application deadline. Per Council's request, the application for Contract Services Agreements is a modified version of the grant program application and if it's approved, letters will be sent to prospective applicants to notify them of the June 13th filing deadline, due to the short turn -around time before budget review. He advised that, due to the size of their requests, the Open -Air Museum and Skins Game are on the itemized list of organizations for Contract Services Agreements. Staff recommended approval of the grant process and Contract Services Agreement application as well as authorization to publish and mail notices to prospective applicants for the two programs. Council Member Adolph stated that he understood a special letter would be sent to the high school and that any funding they receive would be in a lump sum for their distribution to their groups as they see fit. Mr. Weiss advised that the letters could be sent to the schools instead of individual groups and the schools could decide if they have programs that need financial assistance. Should that be Council's wish, he recommended that the La Quinta High School Wrestling Team and Truman School PTA be notified. Council Member Perkins agreed and hoped it would be sufficient to send letters this year only, noting that those on the current list are the ones that Council told to come back next year. He felt that rather than encourage applicants to return each year, the program should be allowed to run its normal course by only publicizing it in the newspaper. Council Member Henderson advised that she liked the new forms, but still wished to see the IRS Form 990 attached whenever applicable and she didn't feel that the grant program letters and public notices should be distributed until after the budget is adopted. In regard to the schools, she agreed with what's been said, but pointed out that there hasn't been a procedure established yet for handling it. After reading portions of the enacting ordinances for the commissions, she asked for Council's support in having the grant applications reviewed by the appropriate City commission prior to them coming to Council. She felt that Council has empowered the commissions, but made them powerless by not using them. She recommended that in the future, letters to prospective applicants of the Contract Services Agreements, be mailed sooner with an application deadline of May 1st. City Council Minutes 6 June 3, 1997 Council Member Sniff felt that Contract Services Agreements stand separate from the grant program, noting that they are negotiated basically by staff. He supported the grant applications being reviewed by the appropriate commission, but with a recommendation to act speedily and for their knowledge and comments only. In regard to contracts for services, he felt the commissions should not be involved with them except to receive information for their basic knowledge and that the financial reporting forms should only require "reasonable" documentation, so as not to burden the applicant with excessive bookkeeping. He agreed that the letters should be mailed after the budget is adopted. He was still somewhat uncomfortable with advertising either of the programs, but noted that some of the contracts for services come to the City every year and he felt that they are worthy causes that the City should deal with professionally. Council Member Adolph felt it's important for the commissions to review and make recommendations to Council on the grant applications and he advised that it was his understanding from Council's previous discussions, that it was going to be an automatic process. Council Member Perkins felt that the Cultural Commission should be an -- umbrella for all of the cultural organizations/activities in the City and he was in support of having the commissions review and make recommendations on all of these things as part of their duties. He felt that the application forms are excellent and agreed that the applicants should provide a certain amount of financial reporting to Council because of their obligation to the City. He felt the commissions are important and should be supported by Council and advised that he would be looking for their recommendations to Council. Mayor Holt agreed with mailing the grant program letters after the budget is adopted and with sending the applications to the commissions for comments and she asked if there was a consensus on requiring the attachment of the IRS Form 990 to the contracts for services. Council Member Perkins noted that it's a completed document that only requires copying. Council Member Henderson advised that as a tax return for non-profit organizations, it's a public document that doesn't require the attachment of volunteer donor lists and it gives governments, such as the City, an opportunity to have the necessary oversight that they've been elected to have. She stated that she has no idea why anyone would object to providing it. 44 1 City Council Minutes 7 June 3, 1997 Council Member Perkins advised that he's never had a problem getting a copy when he requests them from organizations. Council Member Henderson believed the size of the document depends on the complexity of the organization. Mayor Holt advised that she didn't have an objection as long as the donors are protected. Council Member Sniff stated that he wished to see a copy of the form. Council Member Henderson felt that individuals should be ineligible to apply for the grant program. She also felt that it would be inappropriate for the Chamber's application or the Skins Game funding request to be reviewed by any commission because she believed there's no appropriate commission to review the Chamber's request and that the Skins Game is more promotional and in the purview of the economic development staff. Mr. Genovese, City Manager, advised that it was his understanding that only the grant applications would be reviewed by the commissions. Should the Council decide that contract services applications should also go through the commissions, then there would be a budgeting challenge since the filing deadline for contracts for services is June 13th. Council Member Henderson pointed out that Council could set the funds aside and make the funding decisions after the commissions review and make recommendations on the applications, possibly in September. Mayor Holt felt the commissions should review only grant applications, noting that La Quinta On -Stage has already gone through a thorough review by the Cultural Commission. Council Member Henderson didn't see anything wrong with an annual review and questioned why the City should have commissions if they're not going to solicit their expert advice. Mayor Holt agreed with sending everything possible to the commissions, but questioned what criteria would be used in deciding which contracts to send to them and who would make that decision. Council Member Sniff preferred to deal with the contracts through staff, at least for this year, because of the shortage in time and advised that he's not opposed to involving the commissions in the process as long as it doesn't City Council Minutes 8 June 3, 1997 cause delays. He wasn't sure about giving the funds to the schools instead of individuals and questioned how it would be distributed and which schools would be involved. He also questioned how the schools are going to manage to handle such a program when they're already over -burdened. Council Member Henderson advised that she understood Council was waiting to discuss this issue with the School District in hopes of finding a means to make it work. In regard to contracts for services, she didn't feel the City would be able to fund them at the same level that they have in the past due to other things being absorbed in the budget because of the economy and Proposition 218. She also didn't feel there's anything wrong and that it's almost mandatory, for the Cultural Commission to review funding requests that are related to the cultural activities of the City. She felt they should have a sense of what funding is available and, although, the final decision is made by Council, they should make a recommendation on how best those funds could be spent. Furthermore, she didn't see anything wrong with setting funds aside this year for the contracts for services and granting them after the Cultural Commission has had an opportunity to make a recommendation. Council Member Adolph felt that it might be best to continue this matter for --- additional information since there seems to be some differences of opinions. Mayor Holt suggested that this might be one of the items Council could discuss with the commissions for their input during one of their study session meetings. She felt the interaction at those meetings would be valuable in building up communication between Council and the commissions. Council Member Henderson noted that these issues have been discussed many times and advised that she has a problem adopting a procedure that Council has intentions of possibly modifying. She noted that some of the Cultural Commissioners were present and suggested asking them if they have a comment. Kathryn Hull, 77-260 Calle Chillon, Cultural Commission Chairperson, advised that they wish to be more informed and know what the other organizations are doing and how their funds are being used, if the commission is to act as an umbrella organization. They feel that they need to review all of the applications and not just the grant applications, and since all of the cultural organizations inter -relate and must learn to work together, they need to know what other organizations such as the La Quinta Arts Foundation and La Quinta On -Stage, are doing in the community on an annual basis. City Council Minutes 9 June 3, 1997 Council Member Adolph asked if the commission would be able to review and make a recommendation in one meeting to which Ms. Hull responded yes and advised that they would be willing to schedule a special meeting if necessary. Mayor Holt suggested that Council move forward with this and direct staff to work out the details on how to handle the school funding and to bring it back for review. She was in favor of the schools submitting an application for a set amount of money and letting them distribute the funds as they see fit. Council Member Perkins felt the City should set the amount that's available to each school instead of having the schools ask for a certain amount. Mayor Holt agreed. Council Member Henderson agreed with handling this issue separately. Council Member Adolph wished to see the IRS Form 990 to confirm its relevancy. MOTION - It was moved by Council Members Henderson/Perkins to approve the Community Grant Process with certain modifications: 1) the letter and/or notice will not be sent until after budget approval; 2) the letter for this year will go to the listed organizations, excluding the two school requests; 3) include as No. 18, a request for IRS Form 990 to be attached; and, 4) all applications for Community Service Grant Program will go through an appropriate commission. Motion carried unanimously. MINUTE ORDER NO. 97-83. MOTION - It was moved by Council Members Henderson/Perkins to approve the application form for Contracts for Services as presented, with the addition of Item No. 18, requesting an IRS Form 990 to be attached, and that these applications would then go through the Cultural Commission or other appropriate commission. Motion carried with Council Member Sniff voting NO. MINUTE ORDER NO. 97-84. Mr. Genovese clarified that the application date is June 13th and that staff is to come back to Council if they need direction as to which commission to refer the application to. Council concurred. ATTACHMENT 2 City Council Minutes 4 May 19, 1998 3. CONSIDERATION OF CONTRACT SERVICES AGREEMENT AND THE COMMUNITY SERVICES GRANT PROCESS. Ms. Horvitz, Community Services Director, advised that staff is looking for direction regarding this year's process for awarding both the Community Services Grants and Contract Grants. She advised that the history of the program, as well as last year's process, is included in the staff report. Council Member Adolph suggested the amounts be increased this year to provide help to more organizations. In response to Council Member Perkins, Council Member Adolph advised that he recommends increasing the Community Services Grants up to $40,000 and Contract Grants to $100,000 — $1 10,000. Council Member Henderson advised that she couldn't support an increase in light of the potential loss of $700,000 to the General Fund from the Motor Vehicle Licensing Fee. However, she felt the issue of the amount could be considered at another time since staff is only looking for direction on procedure at this point. She supported the commissions being involved but felt, under the circumstances with brand-new commissions, that Council should handle the process this year instead of placing the burden on the newly established commissions. In regard to the four organizations listed in the staff report for consideration to be added to the Contract Grant process this year, she advised that she had in no way recommended expenditure of City funds for a Rose Parade float but, rather, had brought back the report from the Convention & Visitor's Bureau as information only and she, in fact, does not support such an expenditure. She continued to have a problem with and does not support the City sending out letters to organizations. After looking for a decrease for several years, they saw a decrease last year, and she couldn't support increasing them. She felt perhaps Council should wait to see the outcome of the Motor Vehicle Licensing Fee before granting any of the funds. Council Member Sniff agreed with not soliciting grant applications and didn't see any reason for increasing the Community Services Grant amount. He preferred a reasonable Special Projects Contingency Fund of $40,000. In response to Mayor Pena, Council Member Henderson advised that the City mailed letters last year to organizations that had requested funding prior to Council deciding on how to handle the process. Council Member Sniff suggested increasing the Contract Grant amount from $80,000 to $90,000, noting that it doesn't necessarily mean that the funds will City Council Minutes 5 May 19, 1998 all be spent, but they would be available. He agreed with Council handling the process this year instead of the commissions and advised that the only organization he would support adding to the Contract Grants list is the Mountains Conservancy for $5,000. He was opposed to providing funding for the Rose Parade float, Bob Hope Classic, and College of the Desert and reiterated his opposition to any solicitation of grant requests. Council Member Henderson pointed out that, in addition to last year's Special Project Contingency Fund of $25,000, the City gave $10,000 directly to the schools for the schools to handle and during the course of the year, there were other requests as well such as the Soap Box Derby, which was able to access AB939 funds. She supported funding the Mountains Conservancy more as a fee or dues structure and part of the budget process and not as a grant. Council Member Perkins advised that he, too, was opposed to soliciting grant applications and was against spending funds for a Rose Parade float. He felt City funds should be used for activities that are more directly in tune with La Quinta and its residents/businesses and favored funding for the Mountain Conservancy. In light of the City standing to lose approximately $700,000 from the Motor Vehicle License Fee, he felt Council should stay with last year's grant amounts. Mayor Pena believed the current grant amounts are adequate, but would support an increase to the contingency fund as long as the funds are held in a discretionary fund for Council to use on a case -by -case basis. He also supported a grant process which would make grant recipients ineligible for grants the following year in order to spread the funds amongst more organizations. He felt organizations should not become dependent on the City. In response to Council Member Perkins, Ms. Horvitz advised that the organizations which have not yet submitted their reconciliation reports for last year's funding are marked incomplete on Attachment 4 of the staff report. The deadline for submitting the Contract Grant reports is June 30, and the deadline was May 15 for the Community Services Grant reports. She advised that a few have been received since the completion of the staff report. Council Member Perkins asked if an automatic follow-up procedure exists to make sure that the grant recipients report back on the use of the funds and return any unused portion, to which Ms. Horvitz responded that that is one of the tasks that she is working on now. Such follow-up has been done in the past. City Council Minutes 6 May 19, 1998 Council Member Henderson noted that some of the organizations are not as sophisticated as some of the others and a few have asked her how to fill out the report since their funds will not be spent until June. Council Member Perkins did not have a problem with that as long as the organizations submit a letter explaining their situation. In response to Mayor Pena, Ms. Horvitz advised that letters were mailed to the Community Service Grant recipients on April 17 reminding them of the May 15 deadline. For those who have not spent their funds and have asked how to complete their report, she has told them to provide the City with a letter explaining their situation. Mayor Pena spoke in regard to some of the organizations not being as sophisticated as the others and felt that should be taken into consideration when the grants are given out. Council Member Henderson noted that all nonprofit organizations are required to submit a Form 990 for tax purposes and advised that last year she pushed for that to be included in their accounting to the City. Mayor Pena suggested a workshop on how to complete the forms, etc., be held prior to the deadline. Ms. Horvitz pointed out that she is requesting that the deadline be moved to June 30 next year so that organizations would have that time to expend their funds. Council Member Henderson suggested discussing the dollar amounts in conjunction with discussing the budget. However, she would support for this year reverting back to the contingency fund that the Council would oversee and handle any request for funding. Council Member Sniff supported the $40,000 and advised that after this year, he would support Mayor Peria's suggestion to make grant recipients ineligible for grants the following year. He supported adding in the Mountains Conservancy and would support $90,000 for Contract Grants, with the understanding that the amount need not be spent but would be available. Council Member Adolph explained that that was his intent when he suggested the increase, to save time and process by allocating a sufficient amount of money to cover at least what the City did last year. With regard to the Community Services Grant process, he supported taking the burden of the City Council Minutes 7 May 19, 1998 decision -making process off of the commissions because of the newness of the commissions. Mayor Pena supported the request coming back to Council under its discretionary funds and would reserve his right to speak on the amount of the funds at the appropriate budgetary process time. No action was taken. CONSIDERATION OF RECOMMENDATION OF THE ART IN PUBLIC PLACES COMMISSION TO DISTRIBUTE AN RFP FOR THE DESIGN AND CONSTRUCTION OF LANDSCAPING FOR THE ART PIECE AT THE NORTHEAST ORNER OF HIGHWAY 111 AND WASHINGTON STREET IN AN AMOUNT NOT EXCEED $30,000. Mr. ovese, City Manager, advised that staff is requesting this item be contin Aao June 2, 1998. MOTION - IXRr by Council Members Sniff/Henderson to continue the matter of aign and construction of landscaping for the art piece at Highway 1shington Street to June 2, 1998. Motion carried unanimouslORDER NO. 98-77. 5. CONSIDERATION OF PREL�Y ENGINEER'S REPORT FOR LANDSCAPE AND LIGHTING ASSESSMEN TRICT NO. 89-1, FISCAL YEAR 1998/99. Mr. Vogt, Public Works Director, ised that only those projects that are exempt under Proposition 218 have b utilized in calculating the assessment for the Landscape and Lighting Assess District. The assessment for this year will remain at $35.60/EDU and will er $796,584 of the landscape budget, which is $1,184,925. The remainin 88,341 will come from other sources such as the General Fund. This year's r was prepared by in-house staff, utilizing a sub -contract with Muni -Financial he parcel reconciliation. He advised that the proposed resolutions will approve Preliminary Engineer's Report and declare the intention to levy annual assessm for Landscape and Lighting Assessment District (LLD) No. 89-1 for Fisca ar 1998/99. In addition, the resolutions direct staff to give public notice of a lic Meeting on June 2, 1998, and a Public Hearing on June 16, 1998, for th D. In response to Council Member Henderson, Mr. Vogt advised tM&the City absorbed approximately $375,000 into the General Fund last year an is year 1� ATTACHMENT 3 Community Services Grants Reconciliation Report 1998/99 #101-251-663-538 La Quinta Arts Foundation Total Budget $80,000 July 1, 1998 La Quinta Arts Foundation $32,500 December 1, 1998 La Quinta Arts Foundation $32,500 June 8, 1999 Reconciliation Report (Attachment 1) Total Commitments $65,000 Remaining Budget $15,000 9101-251-663-657 Special Projects Contingency -Contract Grants Total Budget $32,000 August 4, 1998 La Quinta On Stage $15,000 May 13, 1999 Reconciliation Report (Attachment 2) August 4, 1998 La Quinta Historical Society $15,869 April 16, 1999 Reconciliation Report (Attachment 3) April 6 McCallum Theatre Institute* $1,000 Total Commitments $31,869 Remaining Budget $ 131 * Added to a School Grant amount of $1,500 for Truman School, for a total of $2,500 as the focus school program for the McCallum Institute. 4101-251-663-000 Special Projects Contingency Account Total Budget $25,000 August 4, 1998 Coachella Valley Community Concerts Association $5,000 May 14, 1999 Reconciliation Report (Attachment 4) August 4, 1999 Greater Coachella Valley Soap Box Derby $1,200 May 6, 1999 Reconciliation Report (Attachment 5) August 18, 1998 La Quinta Volunteer Fire Company $4, 500 i_i t May 19, 1999 Reconciliation Report (Attachment 6) August 18, 1998 Barbara Sinatra's Children Center June 2, 1999 Reconciliation Report (Attachment 7) August 18, 1998 Riverside County Sheriffs Dive Team May 12, 1999 Reconciliation Report (Attachment 8) September 4, 1998 Coachella Valley Recreation & Park District Annual Report submitted April, 1999 October 20, 1998 Greater Coachella Valley Soap Box Derby Report included in May 6, 1999 Reconciliation Report (Attachment 5) November 6, 1998 Coachella Valley Recreation & Park District Annual Report submitted April, 1999 November 17, 1998 Friends of the La Quinta Library May 18, 1999 Reconciliation Report (Attachment 9) November 17, 1998 Greater Coachella Valley Soap Box Derby May 5, 1999 Memorandum and Invoice (Attachment 10) Total Commitments $22,818.79 Remaining Balance $ 2,181,21 $1,000 $2,000 $1,500 $ 400 $1,500 $3,700 $2,018.79 Tiht 4 stP Q" COUNCIL/RDA MEETING DATE: July 6, 1999 ITEM TITLE: Discussion Regarding Investment Advisory Board Membership RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: T PUBLIC HEARING: On June 15, 1999, the City Council accepted the resignation of Diana Brown from the Investment Advisory Board and directed staff to agendize discussion relative to the number of members they wish to see on this Board. The Investment Advisory Board is presently comprised of seven members, as is the Community Services Commission and Cultural Arts Commission. The Planning Commission and Historical Preservation Commission are both comprised of five members. ;AMN—DRA L. fOHOLA, City Clerk City of La Quinta, Califiornia REPORT/INFORMATIONAL ITEM: A COMMUNITY SERVICES COMMISSION MINUTES May 10, 1999 I. CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 7:00 p.m. in the La Quinta Civic Center Study Session Room. Chairperson St. Johns presided over the meeting. Commissioner Rebich led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Mike Davis Commissioner Kathryn Pedersen -Nadler (Vice Chairperson) Commissioner Joan Rebich Commissioner Victoria St. Johns (Chairperson) Commissioner Kay Wolff MEMBERS ABSENT: Commissioner Olga Betancourt Commissioner Gilbert Lopez STAFF PRESENT: Dodie Horvitz, Community Services Director Cristal Spidell, Secretary It was moved by Commissioner Wolff/Rebich to excuse Commissioner Lopez from the meeting because he is out of town. Unanimous. IL PUBLIC COMMENT III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of Minutes for April 12 & April 21, 1999 It was moved by Commissioner Rebich/Davis approve the Minutes for April 12 & April 21 as corrected. Unanimous. B. Monthly Department Report for April 1999 It was moved by Commissioner Wolff/Rebich to approve the Department Report for April 1999. Unanimous. V. PUBLIC HEARING G:\MyData\CRISTAL\CSC\MIN5-1 O.wpd VI. BUSINESS ITEMS A. Youth Workshop Peter and Linda Biehl were present at the meeting and discussed a teen violence prevention program through the Center of Disease Control with Chairperson St. Johns. Mr. Biehl said Rodney Hammond has offered his help with the program. Mr. Biehl gave the Commission two booklets' Early Warning/Timely Response - A Guide to Safe Schools, and Safe Schools, Safe Students - A Guide to Violence Protection Strategies. Staff will make copies for the Commission and return the booklets to the Biehls. The Commission reviewed the survey that was taken during the Youth Workshop. The survey indicated the number one priority of those in attendance was a Recreation Center. The Commission discussed ways to develop a strategy to implement a valley wide violence protection program and suggested appointing a subcommittee of Commissioners, youth, and other individuals to meet before schools end with a plan. It was moved by Commissioner Pedersen-Nadler/Rebich to appoint Commissioner Pedersen -Nadler, Commissioner St. Johns, and Commissioner Rebich to the subcommittee. Unanimous. B. Community Picnic Staff informed the Commission that the people on the phone lists given to Commissioner Lopez and Commissioner Betancourt had not been called. The Commissioners were asked to arrive at 7:30 a.m. on Saturday, May 15th and they were reminded to wear their Community Services Department tee shirts. Chairperson St. Johns will call Commissioner Betancourt and Commissioner Lopez and remind them. C. Work Plan The Commissioners reviewed the Work Plan and made minor changes. It was moved by Commissioner Rebich/Wolff to direct staff to make the changes to the Work Plan and then forward the Work Plan to the City Council for approval. Unanimous. VII. CORRESPONDENCE AND WRITTEN MATERIALS A. Minutes from Joint Meeting with City Council Members on March 30, 1999 Commissioner Rebich would like to be given more notice for any future meetings, and suggested that since most of the Commissioners work during the day, that the City Council consider scheduling a Joint Meeting in the evening so that everyone can come. Commissioner Davis agreed. Commissioner Wolff would like to meet with the City Council more often. B. Year 2000 Project Status Report dated April 20, 1999 A public meeting will be held May 24, 1999 at 6:30 p.m. at the La Quinta Senior Center to inform the public about Y2K, and to discuss what the City has done to prepare. J.. G:\MyData\CRISTAL\CSC\MIN5- I O.wpd Vill. COMMISSIONER ITEMS Commissioner Wolff informed the Commission that she is not reapplying to the Commission due to other commitments and has forwarded her application on to Mark Molina. The Commission suggested Mike Rosenberg, and Linda and Peter Biehl would be good applicants. Chairperson St. Johns asked about free immunizations for children. Commissioner Pedersen -Nadler will contact Chairperson St. Johns for a date to meet with the Youth Workshop subcommittee. Commissioner Rebich attended the CVAG meeting and reported to the Commission about elder abuse, and the YMCA's staffing needs. Chairperson St. Johns attended a luncheon and tour at College of the Desert and reported that they have a new state of the art theater, as well as many other improvements. IX. ADJOURNMENT It was moved by Commissioner Rebich/Wolff to adjourn the meeting. Unanimous. Meeting adjourned at 8:44 p.m. NEXT MEETING DATE, TIME AND TOPIC June 14, 1999 7:00 PM La Quinta Civic Center Study Session Room Submitted by: Cristal Spidell, Commission Secretary 3 G:\MyData\CR1STAL\CSC\M1N5-1 O.wpd REPORT/INFORMATIONAL ITEM: 13 CULTURAL ARTS COMMISSION MINUTES May 13, 1999 CALL TO ORDER A regular meeting of the Cultural Arts Commission was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic Center. Chairperson Hull presided over the meeting and led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Susan Benay Commissioner Charrie Chappie Commissioner Kathryn Hull (Chairperson) Commissioner Elaine Reynolds Commissioner Rosita Shamis (Vice Chairperson) (Arrived at 7:02 PM) Commissioner Patrick Welch STAFF PRESENT: Dodie Horvitz, Community Services Director Cristal Spidell, Secretary II. PUBLIC COMMENT III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of Minutes of April 8, 1999 B. Art in Public Places Financial Report for April 1999 - Chairperson Hull would like to see the previous month's balance on the current monthly report. C. Monthly Department Report for April 1999 - Received and filed. It was moved by Commissioner Welch/Reynolds to accept the Consent Calendar with one grammatical change to the Minutes of April 8, 1999. Unanimous. V. PUBLIC HEARING VI. BUSINESS ITEMS A. Village Mural Project Staff reviewed the report with the Commission and then asked Mr. Richard Jandt of the Chamber of Commerce to speak on behalf of the Chamber of Commerce. Mr. Jandt reported that the Chamber of Commerce is interested in painting the block wall between the El Ranchito Restaurant and the building that has the Barber Shop and the Bakery. He and other Chamber members discussed this idea when they were cleaning up the area for Mainstreet Market Place, and he would like the Commission to conceptually approve the idea. Mr. Jandt does not want a money commitment from the Commission at this time. Mr. Jandt said they are considering asking art students and artists to work together on the project. G:\MyData\CRISTAL\CAC\CACMIN5-13.wpd J The mural would not be considered a permanent art piece, and the property owners would own their portion of the wall. The Commissioners indicated they support the conceptual idea and would like to see businesses and youth involved, but before sending their approval to the City Council the Commission would like more information on where funding of the project would come from, and whether all the property owners have given permission to paint their wall. Mr. Jandt will inform the Chamber of the Commissioners comments and report back to the Commission. Staff informed the Commission on the process for applying for Community Services Grant funds, should they desire to use them. It was moved by Commissioner Reynolds/Benay to begin the process for City Council consideration of the Village Mural Project. Unanimous. B. Work Plan The Commission reviewed the Work Plan and made changes. It was moved by Commissioner Welch/Reynolds to finalize the Work Plan and direct staff to forward it to the City Council for consideration. Unanimous. C. Discussion of Civic Center Campus Improvements Commissioner Chappie explained the process for "call for artists". Commissioner Shamis wants to make sure the Commission is involved with the project from the beginning. Chairperson Hull would like the Commission to meet with the architect to choose art pieces that will fit within his plans for the Campus. Ms. Horvitz informed the Commission that the City Council will be reviewing the architect's plans at a Study Session meeting soon. All the Commission members are sent City Council Agendas and they can attend the meetings and speak about the project at that time. Staff reminded the Commission that all City Council meetings are open to the public and they were free to attend the meetings at any time. Ms. Horvitz does not know whether the Commission can formally meet with the architect to discuss the project, and suggested the best opportunity for them is to attend the Study Session. Ms. Horvitz told the Commission that it is too soon to send an RFP for the Civic Center Campus Project and they will be informed when it is time to do so. Commissioner Shamis asked if the Commissioners can solicit for artists for the Campus Project now. Ms. Horvitz suggested not soliciting artists specifically for the project, but to solicit artists for the art bank so that we will have their information on hand when the RFP's are sent out. It was moved by Commissioner Reynolds/Welch to begin the process for City Council consideration of artwork for the Civic Center Campus. After discussion and clarification of the motion, Commissioner Reynolds withdrew her motion, and Commissioner Welch withdrew his second. It was moved by Commissioner Benay/Shamis to direct staff to notify the Commission when the Civic Center Campus project would be considered by the City Council. Commissioner Welch stated that a lot of artists are trying to get involved, and it is important to be clear that this project is "down the road," and that the artists will be sent an RFP at the appropriate time. The Commission voted unanimously on the second motion. . G:AMyData\CRISTAL\CAC\CACMIN5-13.wpd 0 0 �" Commissioner Reynolds and Chairperson Hull asked staff if the Commission could select an artist for a project or if a call for artists (RFP) was necessary. Staff will check on this and report back next month. VII. CORRESPONDENCE AND WRITTEN MATERIALS A. Minutes from Joint Meeting with City Council Members on March 30, 1999 B. Letter from Ira Grayboff dated March 20, 1999 C. Letter from Colin Webster Watson dated April 20, 1999 D. Letter from Grigor dated March 29, 1999 E. Letter from John Kennedy dated April 14, 1999 F. Coachella Valley Cultural Arts Conference Agenda G. Community Development Department Report, March 1999 H. Architecture & Landscape Review Committee Meeting Minutes, March 4, 1999 I. Historic Preservation Commission Meeting Minutes, March 18, 1999 The above items were received and filed. VIII. COMMISSIONER ITEMS Chairperson Hull distributed a copy of a letter that was sent to Karen Wheeler of La Quinta High School for their students participation in the Student Art Wall, and a copy of an invitation to Kurt Wenner's show at the Gardens on El Paseo in Palm Desert. Commissioner Reynolds informed the Commission that the City of Palm Desert put in $30,000 for this show. Chairperson Hull also said she received a call for artists in San Bernardino for a photo calendar. Commissioner Reynolds gave staff a copy of "Blueprint For Action." A copy will be sent to the Commissioners. Commissioner Benay reported on the CALAA Conference. Staff will send a copy of the report to the Commissioners. A new $50 million art school will be built in Riverside. Commissioner Shamis reported that the McCallum Theatre is now working with Riverside for grants and funding to send teachers to the Institute, also. A Culture Net brochure was distributed to the Commissioners. Chairperson Hull presented information on Americans for the Arts listservs. Staff will make a copy and send to the Commissioners. Chairperson Hull invited Honey Atkins to the next meeting to report on La Quinta On Stage. IX. ADJOURNMENT It was moved by Commissioner Welch/Reynolds to adjourn the Cultural Arts Commission meeting. Unanimous. Meeting adjourned at 8:08 p.m. )LI . J U G:AMyData\CRISTAL\CAC\CACMIN5-13.wpd NEXT MEETING INFORMATION June 10, 1999 7:00 PM La Quinta Civic Center Study Session Room e La Quinta On Stage - Honey Atkins Submitted by: Cristal Spidell, Commission Secretary 37 G:AMyData\CRISTAL\CAC\CACMIN5-13.wpd ()I,-) '1 REPORT/INFORMATIONAL ITEM: Cr INVESTMENT ADVISORY BOARD Meeting May 12, 1999 I CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 5:30 P.M. by Chairperson Irwin, followed by the Pledge of Allegiance. PRESENT: Board Members Brown, Bulgrin, Lewis, Mahfoud, Moulin, Osborne and Chairperson Irwin ABSENT: None OTHERS PRESENT: John Falconer, Finance Director and Debbie DeRenard, Secretary II PUBLIC COMMENT None III CONFIRMATION OF AGENDA Mr. Falconer requested page 5 of the Treasurers Report (Business Session No. 1) be replaced and an addition to the Investment Policy (Business Session No. 2) received from Board Member Moulin. Chairman Irwin advised that the Board has had two lengthy meetings regarding the Investment Policy and he would suggest that the Board separate the Investment Policy from the Board functions. Board concurred with the changes. IV CONSENT CALENDAR A. Approval of Minutes of Special Meeting of March 30, 1999 for the Investment Advisory Board. MOTION - It was moved by Board Members Osborne/Lewis to approve the Minutes of March 30, 1999. Motion carried unanimously. Page 1 of 6 `- 3 c1 Investment Advisory Board Minutes May 12, 1999 Approval of Minutes of Meeting of April 14, 1999 for the Investment Advisory Board. MOTION - It was moved by Board Members Lewis/Brown to approve the minutes of April 14, 1999. Motion carried unanimously. V BUSINESS SESSION A. Transmittal of Treasury Report for March 1999 Board Member Moulin advised that Page 3 - "Authorized Investments and Diversification" should be dated and the Money Market column - last sentence should read "par value per share of $1 ." In response to Board Member Osborne, Mr. Falconer advised that the percentage of 5.04% on Page 3 for Annualized Earnings of Pooled Cash Investments includes LAIF, Agency Paper and Treasury Bills and is the City's overall return of investments. The LAIF percentage of 5.1360% on Page 4 only includes LAIF. In response to Board Member Lewis, Mr. Falconer advised that the rate for money market mutual funds as of today are 4.01 % with a yield of 4.08%. MOTION - It was moved by Board Members Lewis/Moulin to approve, receive and file the Treasurer's Report for March 31, 1999. Motion carried unanimously. B. Fiscal Year 1999/00 Investment Policy The Board reviewed the attached Investment Policy (Attachment No. 1) and changes/additions/deletions are shown in amended form. MOTION - It was moved by Board Members Lewis/Mahfoud to approve the amended draft 1999/00 Investment Policy and proceed for final approval at the June 1999 meeting. Motion carried with Board Member Moulin voting NO. (Board Member Moulin requested that the explanation of his NO vote be placed in the minutes - Attachment 2). Page 2 of 6 �, J Investment Advisory Board Minutes May 12, 1999 Board Member Irwin advised that at this time the Board will discuss the Board functions as listed in Chapter 2.70, Section 2.70.030. Board Member Moulin presented a "short" and a "long" version of his suggested changes to Board functions. Chairman Irwin reviewed the board functions as stated in the Ordinance. In response to Chairman Irwin, Board Member Moulin advised that there are functions in the Ordinance that are not listed in Board functions. He advised that his proposed Board functions do not include "review account statements and verifications" and it doesn't "ensure accurate reporting." Chairman Irwin advised that he feels that the purpose of the Board is to "review account statements and verifications and ensure accurate reporting." Board Member Moulin advised that the Board discussed the functions at the last meeting and he feels that the functions should describe what the Board functions each month entail. He further advised that the Chairman has a different interpretation than the other Board Members. He questioned how the Board ensures accurate reporting. He advised that he has taken the approach that the information that the Board receives is the reports from the Treasurer. He further advised that he has reviewed the Investment Advisory Board minutes for the last two years and incorporated the functions into the proposed long version of the Board functions. Chairman Irwin advised that the original language in the Ordinance is awkward. Board Member Moulin advised that he was very careful with his choice of words so that not to take more responsibility for the Board's goals. Board Member Lewis commented that Board Member Moulin's version reads smoother than the original version. He further advised that he agrees that the Board does not ensure accurate reporting. There is nothing that the Board receives that would detect in the unlikely event that Staff decided to report bad information to the Board. He further advised that the Board is in place to make sure that Staff stays in line with the investment policy. Page 3 of 6 Investment Advisory Board Minutes May 12, 1999 Board Member Moulin advised that the other control that he looks upon positively is the segregation of duties and responsibilities in the Treasurers Office. Board Member Bulgrin advised that the Board does not "ensure accurate reporting." Board Member Mahfoud advised that he agrees with the short version proposed by Board Member Moulin. Board Member Brown advised that she agrees with the short version that is proposed by Board Member Moulin, adding that she basically has the same problem with the current Board functions that state the word "ensure." She further advised that the Board would be best to make the Board functions as brief and accurate as possible. Board Member Osborne advised that the short version as proposed by Board Member Moulin best describes the functions of the Board. Chairman Irwin advised that Board Member Moulin has proposed a document that he wrote after reviewing the minutes for the last two years. He further advised that the Board is not doing any duties differently and the intention has not changed. He further advised that he agrees that the Board does not review original documents or perform an audit function. The Board Members are not auditors, the Board is here as a citizens group formed by a citizens committee. The original structure of the Board was changed three years ago to more accurately define the duties of the Board. He further advised that there might be a communication problem with Council and the Board may need to conduct an education process to show what the Board is capable of performing. He stated that he is very leery of the Board writing up language for the Board functions and presenting it to the Council. Board Member Lewis advised that the Board recommends policies to the Council. He further advised that he feels this is no different. In response to Board Member Lewis, Chairman Irwin advised that he has not discussed board function changes with any member of the City Council. .1 1 Page 4 of 6 Investment Advisory Board Minutes May 12, 1999 Board Member Lewis advised that if the proposed changes more accurately reflect the Board functions, the City Council reviews the minutes from each meeting and they are aware of the Board functions and they will understand the changes. Chairman Irwin advised that the individual members of Council don't have the same appreciation as the Board might have for the audit function. Board Member Brown advised that the opportunity is there for the Board to recommend changes to the City Council. She further advised that it has been her experience that when there is a need for direction or assistance the Councils' opinion has been communicated very clearly. It is her feeling that the Council will appreciate the Boards comments and changes. Board Member Lewis commented that the policy does not stay the same from year to year - so any changes to the Ordinance should be understood. Mr. Falconer advised that he agrees with the Board that the proposed changes to the Ordinance cannot be placed in the Investment Policy until they have been changed in the Ordinance and approved. He further advised that the proposed changes are legal issues that need to be discussed with the City Attorney and he would recommend that the Board leave the existing Board functions as they are now in the Investment Policy until the Ordinance has been changed. In response to Board Member Brown, Board Member Bulgrin advised that he would recommend placing the Board functions as an item on the July agenda. Mr. Falconer advised that the Board functions could be coordinated with the Investment Advisory Board work plan for FY 1999/00. The Board concurred. In response to Mr. Falconer, the Board concluded that the changes to the Ordinance should be brought back to the Board at the July 1999 meeting for discussion. Page 5 of 6 Investment Advisory Board Minutes May 12, 1999 MOTION - It was moved by Board Members Lewis/Osborne to continue the discussion of the City Ordinance - Board Member functions until the July 1999 Investment Advisory Board meeting. Motion carried unanimously. VI CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report - April 1999 Noted and Filed. B. Pooled Money Investment Board Reports - January 1999 Noted and Filed. VII BOARD MEMBER ITEMS Board Member Moulin advised that he received the Minutes of the City Council Meeting of April 62' , 1999. He advised that he was surprised at the substantial discussion regarding the Y2K issue and he encouraged the Board to review the minutes. Mr. Falconer updated the Board on the conference in Brea, California that was attended by Staff, Board Members Irwin and Moulin. VIII ADJOURNMENT MOTION - It was moved by Board Members Lewis/Bulgrin to adjourn the meeting at 7:15 P.M. Motion carried unanimously. Submitted by: Debbie DeRenard Finance Secretary Page 6 of 6 CITY OF LA QUINTA Investment Policy Table of Contents Section Topic Page Executive Summary I General Purpose II Investment Policy III Scope IV Objectives ► Safety ► Liquidity ► Yield ► Diversified Portfolio V Prudence VI Delegation of Authority VII Conflict of Interest Vill Authorized Financial Dealers and Institutions ► Broker/Dealers ► Financial Institutions IX Authorized Investments and Eli4veisffica Limitations X Investment Pools X4+XI Safekeeping and Custody XNXII Interest Earning Distribution Policy 7l1 X-VXIII Internal Controls and Independent Auditors X-V+XIV Benchmark X-V*XV Reporting Standards Xvi"XVI Investment of Bond Proceeds X+X-XVII Investment Advisory Board - City of La Quinta X-XXVIII Investment Policy Adoption Appendices: A. Summary of Authorized Investments and Diveisificati Limitations B. Municipal Code Ordinance 2.70 - Investment Advisory Board C. Municipal Code Ordinance 3.08 - Investment of Moneys and Funds D. Segregation of Major Investment Responsibilities E. Listing of Approved Financial Institutions F. Broker/Dealer Questionnaire and Certification G. Investment Pool Questionnaire H. Glossary 4 i 1 City of La Quinta Investment Policy Executive Summary The general purpose of this Investment Policy is to provide the rules and standards users must follow in investing funds of the City of La Quinta. It is the policy of the City of La Quinta to invest all public funds in a manner which will provide a diversified portfolio with maximum security while meeting daily cash flow demands and the highest investment return in conformity to all state and local statutes. This Policy applies to all cash and investments of the City of La Quinta, La Quinta Redevelopment Agency and the La Quinta Financing Authority, hereafter referred in this document as the "City". The primary objectives, in order of priority, of the City of La Quinta's investment activity shall be: Safety of principal is the foremost objective of the investment program. Investments of the City of La Quinta shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. The investment portfolio shall be designed with the objective of attaining a market rate of return or yield throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Within the constraints of safety, liquidity and yield, the City will endeavor to maintain a diversified portfolio by allocating assets between different types of investments within policy limitations. Investments shall be made with judgment and care - under circumstances then prevailing - which persons of prudence discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. Authority to manage the City of La Quinta's investment portfolio is derived from the City Ordinance. Management responsibility for the investment program is delegated to the City Treasurer, who shall establish and implement written procedures for the operation of the City's investment program consistent with the 2 a ') Investment Policy. The Treasurer shall establish and implement a system of internal controls to maintain the safety of the portfolio. In addition, the internal control system will also insure the timely preparation and accurate reporting of the portfolio financial information. The adeeltietcy of these contio's will be evievved and eported on annually by an auditui. As part of the annual audit of the City of La Quinta's financial statements the independent auditor reviews the adequacy of those controls and comments if weaknesses are found. Investment responsibilities carry added duties of insuring that investments are made without improper influence or the appearance to a reasonable person of questionable or improper influence. The City of La Quinta Investment Policy maintains a listing of financial institutions which are approved for investment purposes. All Broker/Dealers and financial institutions selected by the Treasurer to provide investment services will be approved by the City Manager subject to City Council approval. The Treasurer will be permitted to invest only in City approved investments up to the maximum allowable percentages and, where applicable, through the bid process requirements. Authorized investment vehicles and related maximum portfolio positions are listed in Appendix A - Summary of Authorized Investments and Limitations. At least two bids will be required of investments in the authorized investment vehicles. Collateralization will be required for Certificates of Deposits in excess of $100,000. Collateral will always be held by an independent third party from the institution that sells the Certificates of Deposit to the City. Evidence of compliance with State Collateral ization policies must be supplied to the City and retained by the City Treasurer. The City of La Quinta Investment Policy shall require that each individual investment have a maximum maturity of two years unless specific approval is authorized by the City Council. In addition, the City's investment in the State Local Agency Investment Fund (LAIF) is allowable as long as the average maturity does not exceed two years, unless specific approval is authorized by the City Council. The City's investment in Money Market Mutual funds is allowable as long as the average maturity does not exceed 60 days. The City of La Quinta Investment Policy will use the six month U.S. Treasury Bill as a benchmark when measuring the performance of the investment portfolio. The Investment Policies shall be adopted by resolution of the La Quinta City Council on an annual basis, The Investment Policies will be adopted before the end of June of each year. K This Executive Summary is an overall review of the City of La Quinta Investment Policies. Reading this summary does not constitute a complete review which can only be accomplished by reviewing all the pages. M City of La Quinta Statement of Investment Policy July 1, 1999 through June 30, 2000 Adopted by the City Council on GENERAL PURPOSE The general purpose of this document is to provide the rules and standards users must follow in administering the City of La Quinta cash investments. 11 INVESTMENT POLICY It is the policy of the City of La Quinta to invest public funds in a manner which will provide a diversified portfolio with safety of principal as the primary objective while meeting daily cash flow demands with the highest investment return. In addition, the Investment Policy will conform to all State and local statutes governing the investment of public funds. III SCOPE This Investment Policy applies to all cash and investments of the City of La Quinta, City of La Quinta Redevelopment Agency and the City of La Quinta Financing Authority, hereafter referred in this document as the "City". These funds are reported in the City of La Quinta Comprehensive Annual financial Report (CAFR) and include: All funds within the following fund types: ► General ► Special Revenue ► Capital Projects ► Debt Service ► Internal Service ► Trust and Agency ► Any new fund types and fund(s) that may be created. IV OBJECTIVES The primary objective, in order of priority, of the City of La Quinta's investment activity shall be: 1. Safety Safety of principal is the foremost objective of the investment program. Investments of the City of La Quinta shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio in accordance with the permitted investments. The objective will be to mitigate credit risk and interest rate risk. A. Credit Risk Credit Risk - is the risk of loss due to the failure of the security issuer or backer. Credit risk may be mitigated by: ► Limiting investments to the safest types of securities; ► Pre -qualifying the financial institutions, and broker/dealers, which the City of La Quinta will do business; and ► Diversifying the investment portfolio so that potential losses on individual securities will be minimized. B. Interest Rate Risk Interest Rate risk is the risk that the market value of securities in the portfolio will fall due to changes in general interest rates. Interest rate risk may be mitigated by: ► Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity; and ► By investing operating funds primarily in shorter -term securities. 2. Liquidity The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that sufficient liquid funds are available to meet anticipated demands. Furthermore since all possible cash demands cannot be anticipated the portfolio should be diversified and consist of securities with active secondary or resale markets. A 3. Yield The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of least importance compared to the safety and liquidity objectives described above. The core of investments are limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. Securities shall not be sold prior to maturity with the following exceptions: ► A declining credit security could be sold early to minimize loss of principal; ► Liquidity needs of the portfolio require that the security be sold. 4. Diversified Portfolio Within the constraints of safety, liquidity and yield, the City will endeavor to maintain a diversified portfolio by allocating assets between different types of investments within policy limitations. V PRUDENCE The City shall follow the Uniform Prudent Investor Act as adopted by the State of California in Probate Code Sections 16045 through 16054.. Section 16053 sets forth the terms of a prudent person which are as follows: Investments shall be made with judgment and care - under circumstances then prevailing - which persons of prudence, discretion, and intelligence excerise in the professional management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. VI DELEGATION OF AUTHORITY Authority to manage the City of La Quinta's investment portfolio is derived from the City Ordinance. Management responsibility for the investment program is delegated to the City Treasurer, who shall establish written procedures for the operation of the investment program consistent with the Investment Policy. Procedures should include reference to safekeeping, wire transfer agreements, banking service contracts, and collateral/depository agreements. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this Investment Policy and the procedures established by the City Treasurer. The City Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls 7 �� to regulate the activities of subordinate officials. The City Manager or Assistant City Manager shall approve in writing all purchases and sales of investments prior to their execution by the City Treasurer. VII CONFLICT OF INTEREST Investment responsibilities carry added duties of insuring that investments are made without improper influence or the appearance of improper influence. Therefore, the City Manager, Assistant City Manager, and the City Treasurer shall adhere to the State of California Code of Economic Interest and to the following: ► The City Manager, Assistant City Manager, and the City Treasurer shall not personally or through a close relative maintain any accounts, interest, or private dealings with any firm with which the City places investments, with the exception of regular savings, checking and money market accounts, or other similar transactions that are offered on a non-negotiable basis to the general public. Such accounts shall be disclosed annually to the City Clerk in conjunction with annual disclosure statements of economic interest. ► All persons authorized to place or approve investments shall report to the City Clerk kinship relations with principal employees of firms with which the City places investments. VIII AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS The City of La Quinta Investment Policy maintains a listing of financial institutions which are approved for investment purposes. In addition a list will also be maintained of approved broker/dealers selected by credit worthiness, who maintain an office in the State of California. 1 . Broker/Dealers who desire to become bidders for investment transactions must supply the City of La Quinta with the following: ► Current audited financial statements ► Proof of National Association of Security Dealers Certification ► Trading resolution ► Proof of California registration ► Resume of Financial broker ► Completion of the City of La Quinta Broker/Dealer questionnaire which contains a certification of having read the City of La Quinta Investment Policy The City Treasurer shall evaluate the documentation submitted by the broker/dealer and independently verify existing reports on file for any firm and individual conducting investment related business. The City Treasurer will also contact the following agencies during the verification process: ► National Association of Security Dealer's Public Disclosure Report File - 1-800-289-9999 ► State of California Department of Corporations 1-91 6-445-3062 All Broker/Dealers selected by the City Treasurer to provide investment services will be approved by the City Manager subject to City Council approval. The City Attorney will perform a legal review of the trading resolution/investment contract submitted by each Broker/Dealer. Each securities dealer shall provide monthly and quarterly reports filed pursuant to U.S. Treasury Department regulations. Each mutual fund shall provide a prospectus and statement of additional information. 2. Financial Institutions will be required to meet the following criteria in order to receive City funds for deposit or investment: A. Insurance - Public Funds shall be deposited only in financial institutions having accounts insured by the Federal Deposit Insurance Corporation (FDIC) B. Collateral - The amount of City of La Quinta deposits or investments not insured by the FDIC agency of the federal shall be 1 10% collateralized by securities' or 150% mortgages' market values of that amount of invested funds plus unpaid interest earnings. rriust be collateial4zed oi insured by an agency of the fedemi C. -D, Disclosure - Each financial institution maintaining invested funds in excess of the FDIC insured amount $100,000 shall furnish corporate atithmities the City a copy of the most recent Annual Call Report. of a" statements of iesouices and linbilities which 1��Iuij�d to furnmsh to the State bankong or savings and lo The City shall not invest in excess of $169=699 the FDIC insured amount in banking institutions which do not disclose to the city a 9 current listing of securities pledged for collateral ization in public monies. IX AUTHORIZED INVESTMENTS AND LIMITATIONS The City Treasurer will be permitted to invest in the investments listed summarized in the Appendix A. entitled Authorized Investments and Diversification I. STATE OF CALIFORNIA AND CITY OF LA QUINTA LIMITATIONS As provided in Sections 16429.1, 53601, 53601 .1, and 53649 of the Government Code, the State of California limits the investment vehicles available to local agencies as summarized in the following paragraphs. Section 53601, as now amended, provides that unless Section 53601 specifies a limitation on an investment's maturity, no investments with maturities exceeding five years shall be made. The City of La Quinta Investment Policy has specified that no investment may exceed two years. State Treasurer's Local Agency Investment Fund (LAIF) - As authorized in Government Code Section 16429.1 and by LAIF procedures, local government agencies are each authorized to invest a maximum of 1-29 $30 million per account in this investment program administered by the California State Treasurer. The City's investment in the State Local Agency Investment Fund (LAIF) is allowable as long as the average maturity of its investment portfolio does not exceed two years, unless specific approval is authorized by the City Council. The City of La Quinta has two accounts with LAIF. The City of La Quinta Investment Policy has a limitation of 35% of the portfolio. U.S. Government and Related Aanj= Issues - As authorized in Government Code Sections 53601 (a) through (n) as they pertain to surplus funds, this category includes a wide variety of government securities which include the following: • Local government bonds or other indebtedness and State bonds or other indebtedness. The City of La Quinta Investment Policy does not allow investments in local and state indebtedness • U.S. Treasury bills, notes and bonds directly issued and backed or other by the full faith and credit of the federal U.S. Government. The City of La Quinta Investment Policy limits investments in U.S. Treasury issues to 75%of the portfolio. • U.S. Government agencies issuing securities backed as to principal and interest by the full faith and credit of the U.S. Government. Government National Mortgage Association (GNMA) is such an agency. The City of 10 JJ La Quinta Investment Policy has a limitation of 75% of the portfolio with a single issuer limit of 25% of the portfolio. • U.S. Government instrumentalities and agencies issuing securities not backed as to principal and interest by the full faith and credit of the U.S. Government. The Federal Home Loan Bank (FHLB), Federal Farm Credit Bank (FFCB), Federal Land Bank (FLB) and Federal Intermediate Credit Bank (FICB) are such issuers. The City of La Quinta Investment Policy has a limitation of 75% of the portfolio with a single issuer limit of 25% of the portfolio. • Federal government sponsored enterprises (GSEs) issuing securities not backed as to principal and interest by the full faith and credit of the U.S. Government. These GSEs include Federal National Mortgage Association (FNMA), Federal Home Loan Mortgage Corporation (FHMC) and Student Loan Marketing Association (SLMA) which are publicly owned. The City of La Quinta Investment Policy has a limitation of 75% of the portfolio with a single issuer limit of 25% of the portfolio. Othei federal agency securitles including but not limited to issued by the Goveinment National Mortgage Association, Fedeial National Mortgage of La Quinta 'nvestment Policy limits fedeial agency sectij t es to 7596 with no one federal agency of one specific exceed 25% of the poitfolio. Bankers' Acceptances - As authorized in Government Code Section 53601 (f), 40% of the portfolio may be invested in Bankers' Acceptances, although no more than 30% of the portfolio may be invested in Bankers' Acceptances with any one commercial bank. Additionally, the maturity period cannot exceed 270 days; however, Bankers' Acceptances are seldom marketed with maturities in. excess of 180 days. The City of La Quinta Investment Policy does not allow investment in Bankers' Acceptances. Commercial Paper - As authorized in Government Code Section 53601(g), 1 5% of the portfolio may be invested in commercial paper of the highest rating (A-1 or P-1) as rated by Moody's or Standard and Poor's, with maturities not to exceed 180 days. This percentage may be increased to 30% if the dollar weighted average maturity does not exceed 31 days. The City of La Quinta Investment Policy only allows investments in commercial paper to 30% of the portfolio with a maximum maturity of 30 days per issue. the dollai weighted average mattirity does not exceed 31 days. There These are a number of other qualifications regarding investments in commercial paper based on the financial strength of the corporation and the size of the investment. The City of La Quinta Investment Policy hras also requij ed limits Commercial Paper to that no more than $1 million dollars may be invested in any one entity at any time for 11 no more than 30 days. Negotiable Certificates of Deposit - As authorized in Government Code Section 53601(h), 30% of the portfolio may be invested in negotiable certificates of deposit issued by commercial banks and savings and loan associations. The City of La Quinta Investment Policy does not allow investment in Negotiable Certificates of Deposit. Repurchase and Reverse Repurchase Agreements - As authorized in Government Code Section 53601(i1, these investment vehicles are agreements between the local agency and seller for the purchase of government securities to be resold at a specific date and for a specific amount. Repurchase agreements are generally used for short term investments varying from one day to two weeks. There is no legal limitation on the amount of the repurchase agreement. However, the maturity period cannot exceed one year. The market value of securities underlying a repurchase agreement shall a at least 102% of the funds invested and shall be valued at least quarterly. The City of La Quinta Investment Policy does not allow investment in Repurchase Agreements. The term "reverse repurchase agreement" means the sale of securities by the local agency pursuant to an agreement by which the local agency will repurchase such securities on or before a specific date and for a specific amount. As provided in Government Code Section 53635, reverse repurchase agreements require the prior approval of the City Council. The City of La Quinta Investment Policy does not allow investment in Reverse Repurchase Agreements. Corporate Notes - As authorized in Government Code Section 53601 (j), local agencies may invest in corporate notes for a maximum period of five years in an amount not to exceed 30% of the agency's portfolio. The notes must be issued by corporations organized and operating in the United States or by depository institutions licensed by the United States or any other state and operating in the United States. The City of La Quinta Investment Policy does not allow investment in corporate notes. Diversified Management Companies - As authorized in Government Code Section 53601 (k), local agencies are aisa authorized to it invest in shares of beneficial interest issued by diversified management companies (mutual funds) in an amount not to exceed 20% of the agency's portfolio. There are a number of other qualifications and restrictions regarding allowable investments in corporate notes and shares of beneficial interest issued by mutual funds which include (1) attaining the highest ranking or the highest letter and numerical rating provided by not less than two of the three largest nationally recognized rating services, or (2) having an investment advisor registered with the Securities and Exchange Commission with not less than five years' experience 12 investing in the securities and obligations and with assets under management in excess of five hundred million dollars ($500,000,000). The City of La Quinta Investment Policy only allows investments in mutual funds that are money market funds maintaining a par value of $1 per share that invests in direct issues of the U. S. Treasury with an average maturity of their portfolio not exceeding 60 days and the City limits such investments to 20% of the portfolio. The only mutual funds authoiized aie money market funds that inv in direct issues of the U.S. Treasury. The 6ity of La Quinta 'on -tots the peicentage of money market muttial funds to 205b of the portfolio. The 6ity--s investment in Money Market Mutual ftinds is allowable as long as the aveiage Mortgage -Backed Securities - As authorized in Government code Section 53601(n), local agencies may invest in mortgage -backed securities such as mortgage pass -through securities and collateralized mortgage obligations for a maximum period of five years in an amount not to exceed 20% of the agency's portfolio. Securities eligible for investment shall have a "A" or higher rating. The City of La Quinta Investment Policy does not allow investment in Mortgage - Backed Securities. Financial Futures and Financial Option Contracts - As authorized in Government Code Section 53601 .1 , local agencies may invest in financial futures or option contracts in any of the above investment categories subject to the same overall portfolio limitations. The City of La Quinta Investment Policy does not allow investments in financial futures and financial option contracts. Certificates of Deposit - As authorized in Government Code Section 53649, Certificates of Deposit are fixed term investments which are required to be collateralized from 1 10% to 1 50% depending on the specific security pledged as collateral in accordance with Government Code Section 53652. There are no portfolio limits on the amount or maturity for this investment vehicle. Collateralization will be required for Certificates of Deposits in excess of the FDIC insured amount. The type of collateral is limited to City authorized investments. Collateral will always be held by an independent third party from the institution that sells the Certificates of Deposit to the City. Evidence of compliance with State Coll ateralization policies must be supplied to the City and retained by the City Treasurer as follows: Certificates of Deposits Insured by the FDIC. The City Treasurer may waive collateral ization of a deposit that is federally insured. 2. Certificates of Deposit in excess of FDIC Limits. The amount not federally insured shall be 110% collateralized by securities or 150% mortgages market value of that amount of invested funds plus unpaid interest earnings. 13 �; t The City of La Quinta Investment Policy limits the percentage of Certificates of Deposit to 60% of the portfolio. Sweep Accounts - As authorized by the City Council, a U.S. Treasury Money Market Sweep Account with a $50,000 target balance may be maintained in conjunction with the checking account. Derivatives - The City of La Quinta Investment Policy does not allow investment in derivatives. X INVESTMENT POOLS There are three (3) types of investment pools: 1 ) state -run pools, 2) pools that are operated by a political subdivision where allowed by law and the political subdivision is the trustee i.e. County Pool; and 3) pools that are operated for profit by third parties. The City of La Quinta Investment Policy has an authorized investment with the State of California's Treasurers Office Local Agency Investment Fund commonly referred to as LAIF. LAIF was organized in 1977 through State Legislation Section 16429.1, 2 and 3. Each LAIF account is restricted to a maximum investable limit of -$ A $30 million. In addition, LAIF will provide quarterly market value information to the City of La Quinta. On an annual basis the City Treasurer will submit the Investment Pool Questionnaire to LAIF. Also, prior to opening any new Investment Pool account, which would require City Council approval, the City Treasurer will require the completion of the Investment Pool Questionnaire. The City does not allow does not have an investments with any other Investment Pool - County Pools or Third Party Pools. 14 XI Xlf SAFEKEEPING AND CUSTODY All security transactions of the City of La Quinta Investment Policy shall be conducted on a delivery - versus - payment (DVP) basis. Securities will be held by a third party custodian designated by the City Treasurer and evidenced by safekeeping receipts. Deposits and withdrawals of money market mutual funds and LAIF shall be made directly to the entity and not to an investment advisor, broker or dealer. Money market mutual funds and LAIF shall also operate on a DVP basis to be considered for investment. XIIX I -INTEREST EARNING DISTRIBUTION POLICY Interest earnings is generated from pooled investments and specific investments. 1. Pooled Investments - It is the general policy of the City to pool all available operating cash of the City of La Quinta, La Quinta Redevelopment Agency and La Quinta Financing Authority and allocate interest earnings, in the following order, as follows: A. Payment to the General Fund of an amount equal to the total annual bank service charges as incurred by the general fund for all operating funds as included in the annual operating budget. B. Payment to the General Fund of a management fee equal to 5% of the annual pooled cash fund investment earnings. C. Payment to each fund of an amount based on the average computerized daily cash balance included in the common portfolio for the earning period. 2. Specific Investments - Specific investments purchased by a fund shall incur all earnings and expenses to that particular fund. -W-Va al . ::: 12 0 EWA - Ahpr - IMLVAL*ft-MREML4,100=10=LIA: 15 �J (3 XIII X!t INTERNAL CONTROLS AND INDEPENDENT AUDITOR The City Treasurer shall establish a system of internal controls to accomplish the following objectives: ► Safeguard assets; ► The orderly and efficient conduct of its business, including adherence to management policies; ► Prevention or detection of errors and fraud; ► The accuracy and completeness of accounting records; and, ► Timely preparation of reliable financial information. While no internal control system, however elaborate, can guarantee absolute assurance that the City's assets are safeguarded, it is the intent of the City's internal control to provide a reasonable assurance that management of the investment function meets the City's objectives. The internal controls shall address the following: a. Control of collusion. Collusion is a situation where two or more employees are working in conjunction to defraud their employer. b. Separation of transaction authority from accounting and record keeping. By separating the person who authorizes or performs the transaction from the people who record or otherwise account for the transaction, a separation of duties is achieved. C. Custodial safekeeping. Securities purchased from any bank or dealer including appropriate collateral (as defined by State Law) shall be placed with an independent third party for custodial safekeeping. d. Avoidance of physical delivery securities. Book entry securities are much easier to transfer and account for since actual delivery of a document never takes place. Delivered securities must be properly safeguarded against loss or destruction. The potential for fraud and loss increases with physically delivered securities. e. Clear delegation of authority to subordinate staff members. Subordinate staff members must have a clear understanding of their authority and responsibilities to avoid improper actions. Clear delegation of authority also preserves the internal control structure that is contingent on the various staff positions and their respective responsibilities as outlined in the Segregation of Major Investment Responsibilities appendices. f. Written confirmation or telephone transactions for investments and wire transfers. Due to the potential for error and improprieties arising from telephone 16 :)i > transactions, all telephone transactions shall be supported by written communications and approved by the appropriate person. Written communications may be via fax if on letterhead and the safekeeping institution has a list of authorized signatures. Fax correspondence must be supported by evidence of verbal or written follow-up. g. Development of a wire transfer agreement with the City's bank and third party custodian. This agreement should outline the various controls, security provisions, and delineate responsibilities of each party making and receiving wire transfers. In addition to The System of Internal Controls developed by the City, the Inteinai 6ontiols sha" be ievoevved annually by the independent audit shall be reviewed annually by the independent auditor in connection with the annual audit of the City of La Quinta's Financial Statements. The independent auditor's management letter comments pertaining to cash and investments, if any, shall be directed to the City Manager who will direct the City Treasurer to provide a written response to the independent auditor's letter. T+ri-s response will also be diiected to the City's Investment Advisory Board foi theii action. The management letter comments pertaining to cash and investment activities and the City Treasurer's response shall be provided to the City's Investment Advisory Board for their consideration. Following the completion of each annual audit, the independent auditor shall meet with the Investment Advisory Board and discuss the auditing procedures performed and the review of internal controls for cash and investment activities. XIVX-%q BENCHMARK The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic cycles commensurate with the investment risk constraints and the cash flow needs of the City. Return on investment is of least importance compared to safety and liquidity objectives. The City of La Quinta Investment Policy will use the six month U.S. Treasury Bill as a benchmark when measuring the performance of the investment portfolio. XVXV-t REPORTING STANDARDS SB564 section 3 requires a quarterly report to the Legislative Body of Investment activities. The City of La Quinta Investment Advisory Board Policy has elected to report the investment activities to the City Council on a monthly basis through the Treasurers Report. The City Treasurer -shall submit a monthly Treasurers Report to the City Council and the Investment Advisory Board that includes all cash and investments under the authority of the Treasurer. 17 c�� The Treasurers Report shall consist of a nariative of significant changes in cash balances and the following summarize cash and investment activity and changes in balances and include the following: ► A certification staternent fiorn the by City Treasurer; ► A listing of Purchases and sales/maturities of investments; ► Cash and Investment categorized all by authorized investment category, except for LAIF which will be provided quarterly; ► Comparison of month end actual holdings to Investment Policy limitations; ► Current year and prior year monthly history of cash and investments for trend analysis; ► Balance Sheet; ► Distribution of cash and investment balances by fund holding of cash and investments; ► Comparing cost to market except for LAIF which will be provided quarterly and show yield and maturity; ► A comparison of actual and surplus funds; ► A year to date historical cash flow analysis and projection for the next six months. XVHHHft INVESTMENT OF BOND PROCEEDS The City's Investment Policy shall govern bond proceeds and bond reserve fund investments. California Code Section 5922 (d) governs the investment of bond proceeds and reserve funds in accordance with bond indenture provisions which shall be structured in accordance with the City's Investment Policy. Arbitrage Requirement The US Tax Reform Act of 1986 requires the City to perform arbitrage calculations as required and return excess earnings to the US Treasury from investments of proceeds of bond issues sold after the effective date of this law. This arbitrage calculations may be contracted with an outside source to provide the necessary technical assistance to comply with this regulation. Investable funds subject to the 1986 Tax Reform Act will be kept segregated from other funds and records will be kept in a fashion to facilitate the calculations. The City's investment position relative to the new arbitrage restrictions is to continue pursuing the maximum yield on applicable investments while ensuring the safety of capital and liquidity. It is the City's position to continue maximization of yield and to rebate excess earnings, if necessary. XVIIX+X INVESTMENT ADVISORY BOARD - CITY OF LA QUINTA The Investment Advisory Board (IAB) consists of seven members of the community 18 that have been appointed by and report to the City Council. The IAB usually meets on a monthly basis, but at least quarterly to 1) review account statements and verifications to ensure accurate reporting as they relate to an investment activity, 2) monitor compliance with existing Investment Policy and Procedures, and 3) review and make recommendations concerning Investment Policy and procedures, investment contracts and investment consultants. The appendices include City of La Quinta Ordinance 2.70 entitled Investment Advisory Board Provisions. XV111XX INVESTMENT POLICY ADOPTION On an annual basis, the Investment policies will be initially reviewed by the Investment Advisory Board and the City Treasurer. The Investment Advisory Board will forward the Investment policies, with any revisions, to the City Manager and City Attorney for their review and comment. A joint meeting will be held with the Investment Advisory Board, City Manager, City Attorney, and City Treasurer to review the Investment policies and comments, prior to submission to the City Council for their consideration. The Investment Policies shall be adopted by resolution of the City of La Quinta City Council on an annual basis. The Investment Policies will be adopted before the end of June of each year. 19 Appendix A U � � N O �o� o =op O c a a m c ° N U ° m U U ❑ U O, LL od ¢ D � W 3 � N o 0 LL C N (7 ¢ N N QQ U C C N D E m m E T T T T D x� 0 O O G D N OI N N N Cma m h J O J O O C a p U N N o c J �' o> u d a o °voiE 0 E ❑ am a�O 76 > m J (n E 0 m O N 'M) N. O oo `o m r E o m a 5',. m o O O ¢ v T a N N a m ° C � 3 N N H-6 c E O O O .o O O O -o O 'o O E o o 0 o C 0 L o 0 LL O d O 6. O LL LL O a LL O a a 0 ory o m o 0 - 0. -- 'o 0 - _ __ o E0 _o 0 .o 0 o 0 o 0 o 0 0 N o f 0 ` `o 0 0 oo 0 00` ¢ C- o LL a N a O a o V1 a a m �. D a O N N a N a N o D a O t0 � .z c oJ U Q m N t0 N C N O C J O N ry 0 0 EO N C nD cOi m U m m c O C u J N w l0 T p U N O¢ C .J Qt N N = C m U y N Q N 3 0< LL LL (n O C m C � N C Z J C o C O LL N U L� N N C C O N a C — D 'U C C N N f0 N D N f0 N O O J� L N c (0 d W`¢ N m C U J A T a cc O C O OI¢ZLLLLm� 0 g i o m o 3 a m U a 0 o U m p C o i o a o m a C C C o a =� (n E.o _ i0 In J m U N J N > —J.o J w _ E N. E > m o m E o�? .4 E E o E E u `m C E o m d o h E. c m c o Z 2- LL. S E E T u Y a o `m Q - O 01 m ~ E m E — — — — — — (0 (0 l9 l0 l0 (0 _ oiE 0 C E o, o °g EL `m y N N O -E C O N N N N N N E O C D N L N U N N p LL LL LL LL LL LL > E _ a o O p d 5 N U 0 a 0] U > a C (0 J E Y A O N y E O E ° c s m d coa mQ w E m N L y 0 N L nr `o m U m m E N J U DZpc o m � J E m a o O L J CO O N d E 0 � N E c A(mJ ODL a.B U d m oo d m c a�-- N d >. � N ND E E N g a E- L== d o C om L E Y N mo C -6 N D c E m` ° -. E w 0 D d � O N U N m y O O d U > C o C (0 C C O O U O K O C O U p m y °DD O C O m CD O C o W D t0 o N N O C N E p U O Z N N a ¢ N C D Y N Q N O O O �� N UE �omDm i. N L O Ul O ND o-i .�0 Q O >. C N' U E 7 7 CC O J J @ a JMR U ry C m 10 u2 ` m E L o a�Ei,t N o O U J N L '-' D 3 C nD m E,�N N O c CO QU �E D a ry C C �-ND O y u N J L m W � E OO A rno L UN E O u � oa 0 o o —° o E� wD .E�amd D ur N u N U o f LL D a °' � Sc "a m= N Vi EmocD m `n0 0o E U U O J 0 ED N N p O O—Eoh w ° J C .J w> j N O op d� E o L n o na m r� E o- "O o°° a aim E m E U�N'^0 LL°a N N W HC QJ Uo �ti ¢o E U dN to m V �O cp S 1 20 Appendix B Chapter 2.70 INVESTMENT ADVISORY BOARD PROVISIONS Sections: 2.70.010 General Rules Regarding Appointment and Terms. 2.70.020 Board meetings and compensation. 2.70.030 Board functions. 2.70.010 General rules regarding appointment and terms. A. Except as set out below, see Chapter 2.06 for General Provisions. B. The Investment Advisory Board (the "board") is a standing board composed of seven (7) members from the public that are appointed by city council. La Quinta residency is preferred, but not a requirement for board members. Recruitment for members may be advertised outside of the city". C. Background in the investment field and/or related experience is preferred. Background information will be required and potential candidates must agree to a background check and verification. D. On an annual basis, in conjunction with the Political Reform Act disclosure statutes, or at any time if a change in circumstances warrants, each board member will provide the City Council with a disclosure statement which identifies any matters that have a bearing on the appropriateness of that member's service on the board. Such matters may include, but are not limited to, changes in employment, changes in residence, or changes in clients. 2.70.020 Board meetings and compensation. Initially, the Board should meet once a month, but this schedule may be extended to quarterly meetings upon the concurrence of the Board and the City Council. The specific meeting dates will be determined by the Board members and meetings may be called for on an as needed basis. 2.70.030 Board functions. A. The following are functions of the Board that are to be addressed at each meeting: (1) review account statements and verifications to ensure accurate reporting as they relate to an investment activity; (2+) monitor compliance with existing Investment Policy and procedures; and (3-tit) review and make recommendations concerning Investment Policy and procedures, investment contracts, and investment consultants. B. The Board will report to City Council after each meeting either in person or through correspondence at a regular City Council meeting. 21 t Appendix C Chapter 3.08 INVESTMENT OF MONEYS AND FUNDS Sections: 3.08.010 Investment of city moneys and deposit of securities. 3.08.020 Authorized investments. 3.08.030 Sales of securities. 3.08.040 City bonds. 3.08.050 Reports. 3.08.060 Deposits of securities. 3.08.070 Trust fund administration. 3.08.010 Investment of city moneys and deposit of securities. Pursuant to, and in accordance with, and to the extent allowed by, Sections 53607 and 53608 of the Government Code, the authority to invest and reinvest moneys of the city, to sell or exchange securities, and to deposit them and provide for their safekeeping, is delegated to the city treasurer. (Ord. 2 § 1 (part), 1982) 3.08.020 Authorized investments. Pursuant to the delegation of authority in Section 3.08.010, the city treasurer is authorized to purchase, at their original sale or after they have been issued, securities which are permissible investments under any provision of state law relating to the investing of general city funds, including but not limited to Sections 53601 and 53635 of the Government Code, as said sections now read or may hereafter be amended, from moneys in his custody which are not required for the immediate necessities of the city and as he may deem wise and expedient, and to sell or exchange for other eligible securities and reinvest the proceeds of the securities so purchased. (Ord. 2 § 1 (part), 1982) 3.08.030 Sales of Securities. From time to time the city treasurer shall sell the securities in which city moneys have been invested pursuant to this chapter, so that the proceeds may, as appropriate, be applied to the purchase for which the original purchase money may have been designated or placed in the city treasury. (Ord. 2 § I (part), 3.08.040 City bonds. Bonds issued by the city and purchased pursuant to this chapter may be canceled either in satisfaction of sinking fund obligations or otherwise if proper and appropriate; provided, however, that the bonds may be held uncancelled and while so held may be resold. (Ord. 2 § 1 (part), 1982) 3.08.050 Reports. 22 The city treasurer shall make a monthly report to the city council of all investments made pursuant to the authority delegated in this chapter. (Ord. 2 § 1 (part), 1982) 3.08.060 Deposits of securities. Pursuant to the delegation of authority in Section 3.08.010, the city treasurer is authorized to deposit for safekeeping, the securities in which city moneys have been invested pursuant to this chapter, in any institution or depository authorized by the terms of any state law, including but not limited to Section 53608 of the Government Code as it now reads or may hereafter be amended. In accordance with said section, the city treasurer shall take from the institution or depository a receipt for the securities so deposited and shall not be responsible for the securities delivered to and receipted for by the institution or depository until they are withdrawn therefrom by the city treasurer. (Ord. 2 § 1 (part), 1982 3.08.070 Trust fund administration. Any departmental trust fund established by the city council pursuant to Section 36523 of the Government Code shall be administered by the city treasurer in accordance with Section 36523 and 26524 of the Government code and any other applicable provisions of law. (Ord. 2 § 1 (part), 1982) 23 �% Appendix D SEGREGATION OF MAJOR INVESTMENT RESPONSIBILITIES Function Responsibilities Develop formal Investment Policy City Treasurer Recommend modifications to Investment Policy Investment Advisory Board Review formal Investment Policy and recommend City Manager and City Council action City Attorney Adopt formal Investment Policy City Council Review Financial Institutions & Select Investments City Treasurer Approve investments City Manager or Assistant City Manager Execute investment transactions City Treasurer Confirm wires, if applicable City Manager or Accounting Manager Record investment transactions in City's accounting records Accounting Manager Investment verification - match broker confirmation to City investment records Account Technician Reconcile investment records - to accounting records and bank statements - to Treasurers Report of investments Account Technician Security of investments at City Vault Security of investments Outside City Third Party Custodian Review internal control procedures External Auditor 24 `�wi Appendix E LISTING OF APPROVED FINANCIAL INSTITUTIONS 1 . Banking Services - Wells Fargo Bank, Government Services, Ontario, California 2. Custodian Services - Bank of New York, Los Angeles, California 3. Deferred Compensation - International City/County Management Association Retirement Corporation 4. Broker/Dealer Services - Merrill Lynch, Indian Wells, CA Morgan Stanley Dean Witter, Newport Beach, CA San Francisco, California Salomon Smith Barney, Newport Beach, CA 5. Government Pool - State of California Local Agency Investment Fund City of La Quinta Account La Quinta Redevelopment Agency 6. Bond Trustees - 1991 City Hall Revenue Bonds - US Bank 1991 RDA Project Area 1 - US Bank 1992 RDA Project Area 2 - US Bank 1994 RDA Project Area 1 - US Bank 1995 RDA Project Area 1 & 2 - US Bank Assessment Districts - US Bank No Changes to this listing may be made without City Council approval. 25 Appendix F BROKER/DEALER QUESTIONNAIRE AND CERTIFICATION 1 . Name of Firm: 2. Address: 3 0 5 Telephone: Broker's Representative to the City (attach resume): Name: Title: Telephone: ( ) Manager/Partner-in-charge (attach resume): Name: Title: Telephone: 6. List all personnel who will be trading with or quoting securities to City employees (attach resume) Name: Title: Telephone: ( ) ( 1 7. Which of the above personnel have read the City's Investment Policy? 8. Which instruments are offered regularly by your local office? (Must equal 100%) % U.S. Treasuries % BA's % Commercial Paper % CD's % Mutual Funds % Agencies (specify): % Repos % Reverse Repos % CMO's % Derivatives % Stocks/Equities % Other (specify): 26 � `' 9. References -- Please identify your most directly comparable public sector clients in our geographical area. Entity Contact Telephone Client Since Entity Contact Telephone Client Since 10. Have any of your clients ever sustained a loss on a securities transaction arising from a misunderstanding or misrepresentation of the risk characteristics of the instrument? If so, explain. 1 1 . Has your firm or your local office ever been subject to a regulatory or state/ federal agency investigation for alleged improper, fraudulent, disreputable or unfair activities related to the sale of securities? Have any of your employees been so investigated? If so, explain. 12. Has a client ever claimed in writing that you were responsible for an investment loss? Yes No If yes, please provide action taken Has a client ever claimed in writing that your firm was responsible for an investment loss? Yes No If yes, please provide action taken Do you have any current, or pending complaints that are unreported to the 27 s- NASD? Yes No If yes, please provide action taken Does your firm have any current, or pending complaints that are unreported to the NASD? Yes No If yes, please provide action taken 13. Explain your clearing and safekeeping procedures, custody and delivery process. 14 Who audits these fiduciary responsibilities? Latest Audit Report Date How many and what percentage of your transactions failed. Last month? % $ Last year? % $ 15. Describe the method your firm would use to establish capital trading limits for the City of La Quinta. 16. Is your firm a member in the S.I.P.C. insurance program. Yes If yes, explain primary and excess coverage and carriers._ 17. What portfolio information, if any, do you require from your clients? 18. What reports and transaction confirmations or any other research publications will the City receive? 19. Does your firm offer investment training to your clients? Yes No 28 j, .. 20. Does your firm have professional liability insurance. Yes No If yes, please provide the insurance carrier, limits and expiration date. 21 22. Please list your NASD Registration Number Do you have any relatives who work at the City of La Quinta? Yes No If yes, Name and Department 23. Do you maintain an office in California. Yes No 24. Do you maintain an office in La Quinta or Riverside County? Yes No 25. Please enclose the following: • Latest audited financial statements. • Samples of reports, transaction confirmations and any other research/publications the City will receive. • Samples of research reports and/or publications that your firm regularly provides to clients. • Complete schedule of fees and charges for various transactions. 'CERTIFICATION' I hereby certify that I have personally read the Statement of Investment Policy of the City of La Quinta, and have implemented reasonable procedures and a system of controls designed to preclude imprudent investment activities arising out of transactions conducted between our firm and the City of La Quinta. All sales personnel will be routinely informed of the City's investment objectives, horizons, outlooks, strategies and risk constraints whenever we are so advised by the City. We pledge to exercise due diligence in informing the City of La Quinta of all foreseeable risks associated with financial transactions conducted with our firm. By signing this document the City of La Quinta is authorized to conduct any and all background checks. Under penalties of perjury, the responses to this questionnaire are true and accurate to the best of my knowledge. Broker Representative Date Title Sales Manager and/or Managing Partner* Date Title 29 Appendix G INVESTMENT POOL QUESTIONNAIRE Note: This Investment Pool Questionnaire was developed by the Government Finance Officers Association (GFOA). Prior to entering a pool, the following questions and issues should be considered. SECURITIES Government pools may invest in a broader range of securities than your entity invests in. It is important that you are aware of, and are comfortable with, the securities the pool buys. 1 . Does the pool provide a written statement of Investment Policy and objectives? 2. Does the statement contain: a. A description of eligible investment instruments? b. The credit standards for investments? c. The allowable maturity range of investments? d. The maximum allowable dollar weighted average portfolio maturity? e. The limits of portfolio concentration permitted for each type of security? f. The policy on reverse repurchase agreements, options, short sales and futures? 3. Are changes in the policies communicated to the pool participants? 4. Does the pool contain only the types of securities that are permitted by your Investment Policy? INTERES T Interest is not reported in a standard format, so it is important that you know how interest is quoted, calculated and distributed so that you can make comparisons with other investment alternatives. Interest Calculations 1. Does the pool disclose the following about yield calculations: a. The methodology used to calculate interest? (Simple maturity, yield to maturity, etc.) b. The frequency of interest payments? c. How interest is paid? (Credited to principal at the end of the month, each quarter; mailed?) d. How are gains/losses reported? Factored monthly or only when realized? 30 REPORTING 1 . Is the yield reported to participants of the pool monthly? (If not, how often?) 2. Are expenses of the pool deducted before quoting the yield? 3. Is the yield generally in line with the market yields for securities in which you usually invest? 4. How often does the pool report, and does that report include the market value of securities? SECURITY The following questions are designed to help you safeguard your funds from loss of principal and loss of market value. 1 . Does the pool disclose safekeeping practices? 2. Is the pool subject to audit by an independent auditor? 3. Is a copy of the audit report available to participants? 4. Who makes the portfolio decisions? 5. How does the manager monitor the credit risk of the securities in the pool? 6. Is the pool monitored by someone on the board of a separate neutral party external to the investment function to ensure compliance with written policies? 7. Does the pool have specific policies with regards to the various investment vehicles? a. What are the different investment alternatives? b. What are the policies for each type of investment? 8. Does the pool mark the portfolio to its market value? 9. Does the pool disclose the following about how portfolio securities are valued: a. The frequency with which the portfolio securities are valued? b. The method used to value the portfolio (cost, current value, or some other method)? OPERA TIONS 31 The answers to these questions will help you determine whether this pool meets your operational requirements: 1. Does the pool limit eligible participants? 2. What entities are permitted to invest in the pool? 3. Does the pool allow multiple accounts and sub -accounts? 4. Is there a minimum or maximum account size? 5. Does the pool limit the number of transactions each month? What is the number of transactions permitted each month? 6. is there a limit on transaction amounts for withdrawals and deposits? a. What is the minimum and maximum withdrawal amount permitted? b. What is the minimum and maximum deposit amount permitted? 7. How much notice is required for withdrawals/deposits? 8. What is the cutoff time for deposits and withdrawals? 9. Can withdrawals be denied? 10. Are the funds 100% withdrawable at anytime? 1 1 . What are the procedures for making deposits and withdrawals? a. What is the paperwork required, if any? b. What is the wiring process? 12. Can an account remain open with a zero balance? 13. Are confirmations sent following each transaction? S TA TEMENTS It is important for you and the agency's trustee (when applicable), to receive statements monthly so the pool's records of your activity and holding are reconciled by you and your trustee. 1 . Are statements for each account sent to participants? a. What are the fees? 32 `� b. How often are they passed? c. How are they paid? d. Are there additional fees for wiring funds (what is the fee)? 2. Are expenses deducted before quoting the yield? QUESTIONS TO CONSIDER FOR BOND PROCEEDS It is important to know (1) whether the pool accepts bond proceeds and (2) whether the pool qualifies with the U.S. Department of the Treasury as an acceptable commingled fund for arbitrage purposes. 1. Does the pool accept bond proceeds subject to arbitrage rebate? 2. Does the pool provide accounting and investment records suitable for proceeds of bond issuance subject to arbitrage rebate? 3. Will the yield calculation reported by the pool be acceptable to the IRS or will it have to be recalculated? 4. Will the pool accept transaction instructions from a trustee? 5. Are you allowed to have separate accounts for each bond issue so that you do not commingle the interest earnings of funds subject to rebate with funds not subject to regulations? --7 33 Appendix H GLOSSARY (Adopted from the Municipal Treasurers Association) The purpose of this glossary is to provide the reader of the City of La Quinta investment policies with a better understanding of financial terms used in municipal investing. AGENCIES: Federal agency securities and/or Government -sponsored enterprises. ASKED: The price at which securities are offered. BANKERS' ACCEPTANCE (BA): A draft or bill of exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer. Short term credit aj i anciements to BID: The price offered by a buyer of securities. (When you are selling securities, you ask for a bid.) See Offer. BROKER: A broker brings buyers and sellers together for a commission. CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Large -denomination CD's are typically negotiable. COLLATERAL: Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. COMMERCIAL PAPER: S h o r t- t e r m unsecured promissory notes issued by a corporation to raise working capital. These negotiable instruments are purchased at a discount to par value or at par value with interest bearing. Commercial paper is issued by corporations such as General Motors Acceptance Corporation, IBM, Bank America, etc. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual report for the City of La Quinta. It includes five combined statements for each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance -related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section. COUPON: (a) The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value. (b) A certificate attached to a bond evidencing interest due on a payment date. 34 I DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account. DEBENTURE: A bond secured only by the general credit of the issuer. DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities. DERIVATIVES: (1) Financial instruments whose return profile is linked to, or derived from, the movement of one or more underlying index or security, and may include a leveraging factor, or (2) financial contracts based upon notional amounts whose value is derived from an underlying index or security (interest rates, foreign exchange rates, equities or commodities). DISCOUNT: The difference between the cost price of a security and its maturity when quoted at lower than face value. A security selling below original offering price shortly after sale also is considered to be at a discount DISCOUNT SECURITIES: Non -interest bearing money market instruments that are issued a discount and redeemed at maturity for full face value, e.g., U.S. Treasury Bills. DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns. FEDERAL CREDIT AGENCIES: Agencies of 35 the Federal government set up to supply credit to various classes of institutions and individuals, e.g., S&L's, small business firms, students, farmers, farm cooperatives, and exporters. The following is a lffisthv 1. FNMAs (Federal National Mort4aae Association) - Used to assist the home mortgage market by purchasing mortgages insured by the Federal Housing Administration and the Farmers Home Administration, as well as those guaranteed by the Veterans Administration. They are issued in various maturities and in minimum denominations of $10,000. Principal and Interest is paid monthly. 2. FHLBs (Federal Home Loan Bank Notes and Bonds) - Issued by the Federal Home Loan Bank System to help finance the housing industry. The notes and bonds provide liquidity and home mortgage credit to savings and loan associations, mutual savings banks, cooperative banks, insurance companies, and mortgage - lending institutions. They are issued irregularly for various maturities. The minimum denomination is $5,000. The notes are issued with maturities of less than one year and interest is paid at maturity. The bonds are issued with various maturities and carry semi-annual coupons. Interest is calculated on a 360- day, 30-day month basis. 3. FLBs (Federal Land Bank Bonds) - Long- term mortgage credit provided to farmers by Federal Land Banks. These bonds are issued at irregular times for various maturities ranging from a few months to ten years. The minimum denomination is $1,000. They carry semi-annual coupons. M 0 Interest is calculated on a 360-day, 30 day month basis. FFCBs (Federal Farm Credit Bank) - Debt instruments used to finance the short and intermediate term needs of farmers and the national agricultural industry. They are issued monthly with three- and six- month maturities. The FFCB issues larger issues (one to ten year) on a periodic basis. These issues are highly liquid. FICBs (Federal Intermediate Credit bank Debentures) - Loans to lending institutions used to finance the short-term and intermediate needs of farmers, such as seasonal production. They are usually issued monthly in minimum denominations of $3,000 with a nine - month maturity. Interest is payable at maturity and is calculated on a 360-day, 30-day month basis. FHLMCs (Federal Home Loan Mortgage Corporation) - a government sponsored entity established in 1970 to provide a secondary market for conventional home mortgages. Mortgages are purchased solely from the Federal Home Loan Bank System member lending institutions whose deposits are insured by agencies of the United States Government. They are issued for various maturities and in minimum denominations of $10,000. Principal and Interest is paid monthly. Other federal agency issues are Small Business Administration notes (SBAs), Government National Mortgage Association notes (GNMAs), Tennessee Valley Authority notes (TVAs), and Student Loan Association notes (SALLIE- MAEs). FEDERAL DEPOSITOR INSURANCE CORPORATION (FDIC): A federal agency that insures bank deposits, currently up to $100,000 per deposit. FEDERAL FUNDS RATE: The rate of interest at which Fed funds are traded. This rate is currently pegged by the Federal Reserve through open -market operations. FEDERAL HOME LOAN BANKS (FHLB): Government sponsored wholesale banks (currently 12 regional banks) which lend funds and provide correspondent banking services to member commercial banks, thrift institutions, credit unions and insurance companies. The mission of the FHLBs is to liquefy the housing related assets of its members who must purchase stock in their district Bank. FEDERAL OPEN MARKET COMMITTEE (FOMC): Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money. FEDERAL RESERVE SYSTEM: the central bank of the United States created by Congress and consisting of a seven member Board of Governors in Washington, D.C., 12 regional banks and about 5,700 commercial banks that are members of the system. GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae): Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings 36 , and loan associations, and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by the FHA, VA or FMHM mortgages. The term "passthroughs" is often used to describe Ginnie Maes. LAIF (Local Agency Investment Fund) - A special fund in the State Treasury which local agencies may use to deposit funds for investment. There is no minimum investment period and the minimum transaction is $5,000, in multiples of $1,000 above that, with a maximum balance of $30,000,000 for any agency. The City is restricted to a maximum of ten transactions per month. It offers high liquidity because deposits can be converted to cash in 24 hours and no interest is lost. All interest is distributed to those agencies participating on a proportionate share basis determined by the amounts deposited and the length of time they are deposited. Interest is paid quarterly. The State retains an amount for reasonable costs of making the investments, not to exceed one -quarter of one percent of the earnings. LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes. LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment. MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold. 37 MASTER REPURCHASE AGREEMENT: A written contract covering all future transactions between the parties to repurchase --reverse repurchase agreements that establishes each party's rights in the transactions. A master agreement will often specify, among other things, the right of the buyer -lender to liquidate the underlying securities in the vent of default by the seller - borrower. MATURITY: The date upon which the principal or stated value of an investment becomes due and payable MONEY MARKET: The market in which short- term debt instruments (bills, commercial paper, banders' acceptances, etc.) are issued and traded. OFFER: The price asked by a seller of securities. (When you are buying securities, you ask for an offer.) See Asked and Bid. OPEN MARKET OPERATIONS: Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy. Purchases inject reserves into the bank system and stimulate growth of money and credit; sales have the opposite effect. Open market operations are the Federal Reserve's most important and most flexible monetary policy tool. PORTFOLIO: Collection of all cash and securities under the direction of the City Treasurer, including Bond Proceeds. PRIMARY DEALER: A group of government securities dealers who submit daily reports of market activity an depositions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC) - registered securities broker -dealers, banks and a few unregulated firms. QUALIFIED PUBLIC DEPOSITORIES: A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the commission eligible collateral having a value of not less than its maximum liability and which has been approved by the Public Deposit Protection Commission to hold public deposits. RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond the current income return. REPURCHASE AGREEMENT (RP OR REPO): A repurchase agreement is a short-term investment transaction. Banks buy temporarily idle funds from a customer by selling U.S. Government or other securities with a contractual agreement to repurchase the same securities on a future date. Repurchase agreements are typically for one to ten days in maturity. The customer receives interest from the bank. The interest rate reflects both the prevailing demand for Federal funds and the maturity of the repo. Some banks will execute repurchase agreements for a minimum of $100,000 to $500,000, but most banks have a minimum of $1,000,000. REVERSE REPURCHASE AGREEMENTS (RRP or RevRepo) - A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security "buyer" in effect lends the "seller" money for the period of the agreement, and the terms of the agreement are structured to compensate him for this. Dealers use RRP extensively to finance their positions. Exception: When the Fed is said to be doing RRP, it is lending money, that is, increasing bank reserves. A eity o pay off the loan with on -afat u r e date SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank's vaults for protection. SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following the initial distribution. SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors in securities transactions by administering securities legislation. SEC RULE 15C3-1: See Uniform Net Capital Rule. STRUCTURED NOTES: Notes issued by Government Sponsored Enterprises (FHLB, FNMAS, SLMA, etc.) And Corporations which have imbedded options (e.g., call features, step-up coupons, floating rate coupons, derivative -based returns) into their debt structure, Their market performance is impacted by the fluctuation of interest rates, the volatility of the imbedded options and shifts in the Shape of the yield curve. SURPLUS FUNDS: Section 53601 of the California Government Code defines surplus funds as any money not required for immediate necessities of the local agency. The City has defined immediate necessities to be payment due within one week. 38 " TREASURY BILLS: A non -interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year. Issued weekly with matuiffity clates tip to one yeeir. They are TREASURY BONDS: Long-term coupon - bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities of more than 10 years. TREASURY NOTES: Medium -term coupon - bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities from two to 10 years. UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as nonmember broker - dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1 ; also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash. UNIFORM PRUDENT INVESTOR ACT: The State of California has adopted this Act. The Act contains the following sections: duty of care, diversification, review of assets, costs, compliance determinations, delegation of 39 investments, terms of prudent investor rule, and application. YIELD: The rate of annual income return on an investment, expressed as a percentage. (a) INCOME YIELD is obtained by dividing the current dollar income by the current market price for the security. (b) NET YIELD or YIELD TO MATURITY is the current income yield minus any premium above par of plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond. ATTACHMENT NO. 2 Board Member Moulin requested that the minutes explain his vote against approval of the Investment Policy for 1999/2000. He approves of the many changes to clarify and reorganize the policy. However, he believes, within the constraints of the state statutes on authorized investments, that the City's limitations of investments should be risk -based. Authorized investments should be ranked by risk and those with the least credit and liquidity risks would have the least restrictive investment limitations. The policy now clearly distinguishes between direct obligations of the U.S. government backed as to principal and interest by its full faith and credit and obligations of U.S. government agencies, instrumentalities and sponsored enterprises not backed by the full faith and credit of the U.S. government. However, in Board Member Moulin's opinion, the investment limitations do not adequately recognize this distinction. Specifically, the investment limitation is 75% for both categories with a 25% limitation on one issuer of non -government guaranteed "agency" obligations. He believes that the City subjects itself to unnecessary risk by concentrating up to 25% of its portfolio in the obligations of a single issuer of securities not guaranteed by the federal government. He favors a more restrictive limitation to lower the risk and diversify the portfolio. Furthermore, Board Member Moulin believes that Section XVII of the Policy and Section 2.70.030 of the City Ordinance should be revised to summarize more aptly the actual functions of the Investment Advisory Board. He finds the first described function particularly inappropriate as the Board does not "review account statements and verifications" and does not perform any procedures "to ensure accurate reporting as they relate to an investment activity". DEPARTMENT REPORT: a - Fes- OZ rV U - � �CF`y OF TNtiO TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: July 6, 1999 RE: Department Report - Response(s) to Public Comment The following is the response to public comments made at the June 15, 1999 City Council meeting: 1. Mr. Robert Foulk, 57-540 Interlachen, and Mr. Jim Saul, 57-136 Merion, addressed the City Council regarding golf cart safety on Madison Street and Airport Boulevard in accessing the Norman Golf Course. • Staff has contacted Mr. Foulk, Mr. Saul and a representative from KSL regarding this issue. Staff is working with KSL to resolve this safety issue. 2. Mr. Robert Tyler, 44-215 Villeta Drive, addressed the City Council regarding consideration of a commissioner recognition dinner. • No response was necessary as the Mayor responded during the City Council meeting. 3. Ms. Audrey Ostrowsky, P.O. Box 351, addressed the City Council regarding her property. • The comments were received and filed. The following is the response to public comments made at the June 22, 1999 City Council meeting: 1. Ms. Renee Solomon, 48-208 Calle Florista, and Gertrude Cheney, 54-255 Avenida Carranza, spoke in support of additional shade structures for the Senior Center parking lot. • Ms. Solomon was contacted by staff, and told the shade structures for the Senior Center were included in the Preliminary Budget. --r- DEPARTMENT REPORT: � oz V - � OF TO: FROM: DATE: RE: The Honorable Mayor and Members of the City Council Tom Hartung, Director of Building and Safety I — July, 6, 1999 Animal Control Fees and Service Levels At the June 1 51h City Council Meeting, staff was requested to bring back information to the City Council regarding impound fees for dogs. The following are typical charges that a dog owner would be subject to if their animal was impounded by the City for running at large. If it is the desire of the City Council to raise the City impound fees, staff would prepare a resolution and bring it back to the City Council for consideration. Current City Impound Fees (currently La Quinta is the only Valley City charging impound fees in addition to the shelter fees listed below) 1" violation $10.00 2"1 violation $50.00 3rd violation $100.00 4th violation $1 50.00 Current Shelter Impound Fees (These fees are in addition to the City's impound fees) 1 s` violation $15.00 2"d violation $25.00 3rd violation $30.00 Plus $5.00 each day that the animal is at the shelter. Court Fees When Citations Are Issued The court charges a $20.00 fine per offense. There is also a court processing fee of $44.00 for each count making a total of $64.00 dollars per offense. The average citation is two counts. The first count being "Dog Running At Large," the second count being "No Dog License," for a total cost of $128.00 to the court. Typical Total Cost per Incident of an Un-licensed Dog Picked up at Large 1 s` incident within a 12 month period 2n1 incident within a 12 month period 3'd incident within a 12 month period 4th incident within a 12 month period Hours Of Operation for Animal Control Monday 8:00 A.M. til 4:30 P.M. Tuesday 6:30 A.M. til 6:00 P.M. Wednesday 6:30 A.M. til 6:00 P.M. Thursday 6:30 A.M. til 6:00 P.M. Friday 8:00 A.M. til 4:30 P.M. Saturday 8:00 A.M. til 4:30 P.M. Sunday 8:00 A.M. til 4:30 P.M. $153.00 $203.00 $258.00 $308.00 Only one officer functions as an Animal Control Officer at any given time. When multiple Animal Control Officers are on duty, one of them functions as a Code Compliance Officer. In addition to the above, one Animal Control Officer is on stand by during all off work hours for emergency response. JULY 1 JULY 6 JULY 12 A 1 DEPARTMENT REPORT: CITY COUNCILS UP -COMING EVENTS MAYOR'S LUNCH COUNCIL MEETING LEAGUE OF CALIFORNIA CITIES DIVISION MEETING IN DESERT HOT SPRINGS JULY 20 COUNCIL MEETING JULY 28 CHAMBER MIXER AT THE CLIFFHOUSE JULY 28-30 LEAGUE'S MAYORS & COUNCIL MEMBERS EXECUTIVE FORUM IN MONTEREY AUGUST 3 AUGUST 26 CITY COUNCIL MEETING CHAMBER MIXER SEPTEMBER 7 CITY COUNCIL MEETING SEPTEMBER 13 2ND ANNUAL MAYOR'S CUP GOLF CHALLENGE SEPTEMBER 21 CITY COUNCIL MEETING OCTOBER 9 CITYWIDE CLEAN-UP DAY Updated: July 1, 1999 July 1999 Monthly Planner Sunday...y Tuesday Wednesday.. ..Saturday 2 �3 June August S M T W T F S S M T W T F S T- 3 4 5 1 23 4 5 6 7 6 7 8 9 10 11 12 8 9 10 11 12 13 14 13 14 15 16 17 18 19 15 16 17 18 19 20 21 20 21 22 23 24 25 26 22 23 24 25 26 27 28 27 28 29 30 29 30 31 1 12:00 PM Mayor's Lunch 4 5 6 7 8 9 10 2:00 PM City Council Meeting 12:00 PM CVAG Energy & Envi- Sniff 7:00 PM Cultural Arts Commission 11 12 13 14 15 16 17 7:00 PM Commu- nity Services Commission 7:00 PM CV Mosq. Abate. -Perkins 9:00 AM RCTC- Pena 5:30 PM Invest- 3:30 PM Historic Preservation Commission 7:00 PM Planning ment Advisory Commission Board 18 19 20 21 22 23 24 9:30 AM CVAG- 9:00 AM CVB - Public Safety- I lenderson Perkins 2:00 PM City 12:00 PM CVAG- Council Meeting Transp-Perkins 25 26 27 28 29 30 31 6:00 PM CVAG 2:00 PM Planning 12:00 PM CVAG- Exec -Pena Commission Human & Com. - Adolph 4:00 PM DRRA Airport - i Henderson Printed by Calendar Creator Plus on 7/1/99 r. The May, 1999, Police Report includes Monthly Highlights ofpolice activity, a Target Team Recap, a School Resource Officers Monthly Report, and statistical comparisons of police activity. The special attachment this month lists functionality and features in the new Sheriff's Records Management System. Submitted by Capt. Darla Singerton, Police Chief In summary, review of May compara- tive statistical data indicates, • Most major Part One (Homicide, Rape & Burglary) crimes are down on year-to-date (YTD) comparisons. • Although reported Felony Sex Crimes were down last month, statistics indicate that they are continuing to increase overall. • While Felony Assaults show a definite increase from April, the statistics are consistent with statistics for May 1999. • The sharp Burglary increase is currently under review by the Target Team and Crime Analysis Unit (However, cases are still sig- nificantly lower than last year). The increase in Vehicle Thefts seems to have abated. This is most likely due to apprehension of suspects in a large car theft ring operating here in the valley. Special recognition to Deputy Santiago Agcaoili. He did 4., some excellent police work in this case. • The pattern established over sev- eral months suggests that Rob- bery cases seem to have leveled out. This month's attachment will hope- fully provide Council Members with a better understandinu, of RMS. The Sheriff's new Records Management System (RMS) was RMSimplemented on February 22, 1999. It was developed to encompass the goals of the now inoperative ACIIS program. The system is designed to provide county wide law enforcement access to rec ,rds and management reports RECORDS r vering: MANAGEMENT Criminal Offender Information • Crime Analysis SYSTEM • Field Deployment & Resource Allocation • Statistical Reporting • Investigative Case Management • Reporting, Managing, Tracking & Auditing All Sheriff's facilities and Contract Cities are participants in RMS. La Quinta Police Department Highlights_ - May 1999 05101 An attempted vehicle theft occurred at 51-311 Ave. Velasco. The suspect vehicle was identified as a stolen vehicle out of Palm Springs taken on 04/25/99. 05/12 A felony probationer was arrested for two outstanding felony warrants in the 52-400 block of Ave. Vallejo. 05/17 A female La Quinta resident was arrested for spousal abuse after striking her spouse with a painting. 05/19 A 30 year old hispanic male was reported to have exposed himself to three female juveniles. A traffic accident with minor injuries occurred at Calle Sinaloa x Ave. Vallejo. A five year old ran into the street and into the side of a Nissan Altima. The child received minor scrapes from the roadway surface. A mentally disturbed person was transported to Indio Mental Health after shooting two .38 cal. rounds into the roof of his residence in the area of 52-300 Ave. Rubio. The subject then threatened to shoot himself. 05/21 A DUI arrest was made at Ave. Velasco x Calle Montezuma. A BAC of .18/.18 reported. Information was received that a La Quinta High School student had made threats to kill his father and law enforcement personnel, as well as having "bomb making equipment." A search warrant was obtained and served at the juveniles Willow Lane address in Indio. Directions on making types of explosives were found and the juveniles shotgun was located at a separate address in the LQ cove. The investigation is continuing. 05/24 A 1 year old baby was found deceased in its crib, by parents. No foul play is suspected at this time. A male La Quinta resident was transported to Mental Health after assaulting his live-in girlfriend. The suspect had been smoking cocaine the evening before. After the assault, the suspect began cutting himself with a knife. Both received minor injuries. 05/25 Non -injury traffic accident occurred on Eisenhower and Montezuma. Accident caused by speed violation. 05/26 Two adults were arrested in the storm drain near Ave. Madero x Calle Potrero. The suspects were arrested for public intoxification, reckless discharge of a firearm and possession of marijuana. 05/27 A residential burglary was reported in the 78-300 block of Terra Cotta. Taken was a .357 cal. revolver and a .44 cal. revolver. A suspicious circumstance report was taken after information was received from several unconfirmed sources that a La Quinta High School student was going to bring a gun to school in order to retaliate against several students who he had been in a physical altercation with several weeks earlier. Rumors spread rapidly and approx. (500) students were removed from school by their parents. The school resource officer is documenting the incident and doing the follow-up. 05/29 One adult was arrested in the 51-200 block of Eisenhower reference a methamphetamine lab in his apartment bathroom. The arrest was a result of the Sheriffs Department SIB team and the La Quinta Target Team conducting a follow-up to an unreported fire in the apartment. No finished product was located and the investigation is continuing. Riverside County Sheriff's Department La Quinta Target Team Monthly Report May 1999 The following is a summary of the Target Team activities for the month of May Ongoing investigations: 5 Arrests/Filings: 3 Vehicle stops/checks 18 Business contacts 15 Investigation assists 5 Arrest warrants served 0 Arrest warrants attempted 2 Programs 0 Pedestrian checks 26 Crime prevention hours 0 Bar checks 0 Back-ups 9 Follow-ups 8 Search Warrants 1 Probation searches 7 Parole searches 1 Consent searches 34 Meetings 3 Recovered stolen property $0.00 Citations 3 Surveillances 2 Property checks 12 Civil Commitments 20 hrs. Bicycle time 10 hours Training hours 0 Illegal Drugs seized (1) methamphetamine lab- no product (1) grm. Marijuana Total mileage: 672 Arrest and Filing summary: uJ LQ resident arrested for possession of marijuana. LQ residents arrested for manufacturing of methamphetamine. s� Rancho Mirage resident charged for speed contest. LQ resident cited for speeding. Noteworthy accomplishments: The Target Team and County Probation conducted (4) probation searches in the City Of La Quinta. During the searches they found a convicted felon in possession of ammunition and dangerous weapons. The probationer will be served with a probation violation notice at a later date. The Target Team authored a search warrant reference information received about a La Quinta High School student making death threats and possibly manufacturing bombs. During the search, many questionable items were discovered and the investigation is ongoing. The Target Team assisted SIB East with an interview and discovery of a methamphetamine laboratory in the cove area of La Quinta. This investigation is ongoing. The Target Team assisted patrol with several calls for service including; terrorist threats, traffic stops and burglaries. The Target Team made use of the Bike Patrol program this month for a total of 10 hours and approx. 22 miles. Dep. Price represented the Target Team at the Law Enforcement Memorial in Sacramento this month. Due to an increased number of auto thefts in the valley, the Target Team, the Southern Coachella Valley District Services Team and the R.A.I.D. Team from the California Highway Patrol are planning a joint 108 5 1 vc. (auto theft) program for the month of June, Prepared on 05/29/99 by; Dep. E. Price #2273 Dep. T. Brewster #2297 CITY of LA QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORT MAY/J U N E 1999 LA QUINTA HIGH SCHOOL Deputy Rickie Simms City Contracted Position 14 Reports 3 Arrests 8 Citations 3 Investigation Assists 3 Reports filed with District Attorney's Office HIGHLIGHTS: One arrest for battery and fighting on the school campus. The student arrested is presently on probation. SRO Simms assisted Detectives with three investigations involving students from La Quinta High School that were victims or suspects of crimes that occurred off campus. One particular case of vandalism received a great deal of public attention. A white student wore a hat displaying a confederate flag. The flag offended several minority students who responded by damaging a parked vehicle at the school which belonged to the father of the student wearing the hat. Threats of violence followed and were dealt with according to County Protocol. An administrative decision was made by La Quinta High School to prohibit the threatening student from attending the graduation ceremony. School is out for the summer and the SROs will be assigned to assist the Target Team and special assignment patrol tasks. SROs attend patrol briefings, participate in investigations with j;.denile suspects, and attend the numerous school -related committee meetings. Their knowledge of student activities and characteristics is invaluable to police efforts in juvenile crime prevention and apprehension. ,;U�t CITY OF LA QUINTA MAY CRIME COMPARISONS CRIME MA Y 99 MAY 98 YTD (99) YTD (98) *HOMICIDE 0 0 0 2 *RAPE 1 2 2 11 SEX CRIMES (FEL) 3 1 11 6 SEX CRIMES (MISD) 2 0 4 4 ROBBERY 1 1 7 3 ASSAULT (FEL) 14 14 46 48 ASSAULT (MISD) 20 15 94 76 BURGLARY 45 18 137 174 *VEHICLE THEFT 10 9 48 40 *THEFT (FEL) 8 31 66 68 THEFT (MISD) 29 20 131 135 VANDALISM (MISD) 30 26 193 123 DOM. VIOLENCE 14 15 46 54 NARCOTICS 4 8 46 27 DUI 5 8 33 43 T/C NON -INJURY 27 26 158 147 T/C INJURY 5 8 21 29 T/C FATAL 1 0 1 0 TRAFFIC CITATIONS 212 236 1271 1133 TOTAL ARRESTS 134 429 1399 1695 * STATISTICS INCLUDE ATTEMPTS F- z w Q a w 0 w U J 0 iR JCR Y Z F- z w ry a w 0 Q Z a 0') 00 CY) CY) �CC G 0 0 0 0 0 U) IT M N T- E U. U. W S F- H LL W } 3 m LL H J Q W m m O w LL Q' U X W W W 0 U_ O F- z w Z> a w 0 w 0 J a iR Q Z 0 U) rill U LU ^Lr' �.L C) � i : . 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C`C C Tom►=woa2 E a r r r r r r Cn c O � a) a n c cz ca: C L O O a) a)c0 =0 < :WUcn� -E" 7� U 0 r r r r r T4ht 4 4 Q" COUNCIL/RDA MEETING DATE: July 6, 1999 ITEM TITLE: Public Hearing on the Setting and Placement of Residential Waste Collection Service Fees on the Tax Roll for Residential Developed Property, and the Setting of Commercial and Roll -off Waste Collection and Service Fees to be Charged and Collected by Waste Management of the Desert RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving and adopting the report prescribing the changes for residential parcels for City -furnished refuse collection for Fiscal Year 1999-2000 and directing that such charges be collected on the City's tax rolls; and Adopt a Resolution of the City Council approving and adopting the commercial waste and roll -off collection service fees for Fiscal Year 1999-2000. FISCAL IMPLICATIONS: The proposed assessment and rates maintain the waste collection service fees currently charged on the City's tax rolls for residential users and collected by Waste Management for the commercial and roll -off users. Even though Waste Management has requested the rate increase, the City Council has directed staff to maintain the current rates. Therefore, the proposed rate increase was absorbed in the internal allocation of funds for the residential and commercial and roll -off rates. The 1999/2000 residential assessment for waste collection service fees are as follows: Residential collection service fee $6.76 Dump fee (which includes landfill closure) 2.16 Recycling program 0.34 AB 939 Compliance 0.36 Transportation Fund 0.16 Disposal Reconciliation 0.18 TOTAL MONTHLY CHARGE $9.96 ;6 TOTAL ANNUAL ASSESSMENT $119.52 P:\PRIVATE\ccrept99waste.wpd The commercial and roll -off waste collection service fees are included in the proposed City Council Resolution, however they represent the same rates currently charged for this Fiscal Year. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council in the past, directed staff to continue the collection of the service fees for residential users as part of the property tax. Waste Management of the Desert is requesting an increase in the service fees to be collected for residential and commercial and roll -off accounts. This request represents an increase of $0.07 per month or $0.84 per year for residential users. The Waste Agreement permits the waste hauler to request a rate increase that represents half of the Consumer Price Index (CPI). The City Council has the option to approve or deny the request. The Exhibits marked "A" to the attached City Council Resolutions reflect the requested increase to the service fees. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council are: Adopt a Resolution of the City Council approving and adopting the report prescribing the changes for residential parcels for City -furnished refuse collection for Fiscal Year 1999-2000 and directing that such charges be collected on the City tax rolls, and adopt a Resolution of the City Council approving and adopting the commercial waste and roll -off collection service fees for Fiscal Year 1999-2000; or 2. Approve a reduced rate increase; or 3. Deny the rate increase; or, 4. Provide staff with alternative direction. 0f)'2 P:\PR1VATE\ccrept99waste.wpd Respectfully submitted, 'ryH8rrO�D rnrnunity Development Director Approved for submission by: Thomas P. Genovese, City Manager n�~� RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING THE REPORT PRESCRIBING THE CHANGES FOR RESIDENTIAL PARCELS FOR CITY -FURNISHED REFUSE COLLECTION FOR 1999-2000 AND DIRECTING THAT SUCH CHARGES BE COLLECTED ON THE TAX ROLLS WHEREAS, the rates and charges for garbage and refuse collection and disposal services with the City have been duly established by Ordinance pursuant to Section 5471 of the Health and Safety Code of California; and, WHEREAS, pursuant to Section 5473 of said Code, this City Council has by such Ordinance, elected to have such charges for the forthcoming year and for subsequent years collected on the tax roll; and has caused a written report to be prepared and filed with the City Clerk, which report contains a description of each residential parcel within the City required to receive City -furnished services as aforesaid and the amount of the charge for each such parcel for the forthcoming years; and, WHEREAS, the proposed rates will remain the same and not increase for residential users, notice has been provided by a display ad which identified the proposed fee including the amount of the fee proposed, the basis and reason for the calculation, and the date, time and place of the public hearing; and, WHEREAS, at the time stated in the notice, to wit: July 6, 1999, this City Council conducted the hearing on said report and heard and considered all objections or protests to the report. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by the City Council of the City of La Quinta, California, as follows: SECTION 1. This City Council does hereby confirm the written report, made by the City Manager, of the amounts of charges for City -furnished garbage and refuse collection and disposal services for the .forthcoming year, itemized for each separate residential parcel of land attached hereto and marked Exhibit "A". SECTION 2. This City Council hereby finds that the collection of such charges, together with general taxes, is in the best interests of the users and the City of La Quinta. SECTION 3. The said refuse collection service charges for each parcel of land shall constitute a special assessment against that parcel and shall constitute a lien against such parcel of land, in accordance with Section 5473.5 of the Health and Safety Code of California. ccreso-waste.wpd ;" 4 Resolution 98-73 SECTION 4. Pursuant to the prior election of this City Council, said charges shall be collected on the tax rolls in the same manner, by the same persons, and at the same time as together with, and not separately from,, the general taxes. SECTION 5. The said residential refuse collection charges shall be for the calendar year starting January 1, 2000 through December 31, 2000. SECTION 6. The rate fees as noted in Exhibit "A" for garbage and refuse collection and disposal services for residences which consist of curb service, once per week pickups of one (1) 96 gallon waste can and one (1) 96 gallon green waste can. SECTION 7. The costs identified in Exhibit "B" reflect the "not to exceed" amount associated with transporting the trash to the Edom Hill Landfill. SECTION 8. The report filed by the City Clerk with this City Council contains a description of each parcel of real property to be charged, and the amount of the charges for purposes of refuse collection for each such parcel in the Fiscal Year 1999-2000, and such charges are correct and proper, and said report is therefore, approved and adopted. All objections to said report are hereby overruled. After July 6, 1999, the City Clerk shall file with the County Auditor of the County of Riverside a copy of said report with a statement endorsed thereon over her signature that it has duly been adopted by this City Council, together with a certified copy of this Resolution. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta City Council, held on this 6th day of July, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ccreso-waste.wpd Resolution 98-73 ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN HONEYWELL, City Attorney City of La Quinta, California ccreso-waste.wpd EXHIBIT A City of La Quinta Proposed Monthly Residential Refuse Collection Rates Effective January 1, 2000 For Single Family Homes, Townhomes, Condominiums, and Mobile Homes Service Dump City AB 939 Trans- Disposal Total Customer Type Fee Fee Recycling portation Recon- Monthly Fund ciliation Rate Individual Residence — Curb Service $6.76 $2.16 $0.34 $0.36 $0.16 $0.18 $9.96 Tax Roll Billing Individual Residence — Curb Service $7.95 $2.16 $0.34 $0.36 $0.16 $0.15 $11.12 Waste Management Billing Individual Residence — Walk- in Service $10.05 $2.16 $0.34 $0.36 $0.16 $0.11 $13.18 Tax Roll Billing (2 cans, bags or bundles, up to 60 ft. distance) Individual Residence — Walk- in Service $11.23 $2.16 $0.34 $0.36 $0.16 $0.09 $14.34 Waste Management Billing (2 cans, bags or bundles, up to 60 ft. distance) Any association of homeowners must select identical level of service to be provided. Monday service is to be based on availability of contractor/franchisee to provide necessary equipment and/or personnel. If Monday service is required by the association, a 10% premium will be added to the basic rate. The level of service may change once annually. "fax roll billing requires 100% mandatory service year-round. The basic curb rate is charged via tax roll, and the incremental cost is billed directly by the contractor Additional waste container (Waste Management Billing) - $5.45 per month. Revised .tune 24, 1999 0v7 EXHIBIT "B" EXTRA HAUL COST TO EDOM HII.L ANNUAL TRTTPS Residential Commercial Roll off Total Trips Annually Extra time per tip (average) Haul cost per hour 957 949 1. fi 3,479 24 Minutes $65.00 957 Trips X 24 Minutes • 381 Hours 'Less 25% for tad Load = 285 Hours 285 Hour X S65.00 S18,525.00 S 1 U25 + 8,500 Customers • S2.18 Per Customer Annuall S2.18 -+ 12 Months • $.18 Per Customer Month) 849 Trips X 24 Minutes 340 Hours 'Less 20% for Return Trip = 272 Hours 272 Hours X S65.00 S 17,680.00 S 17,690 ♦ 146 Customm = S 121.95 Per Customer Amu S 121.94 + 12 Month = S 10.17 Per Customer Annul , ROLL OFF— COSTS PER LOAD ' 1.672 Trips Annually X 24 Minutess 669 Hours Annually 668 Hours X S65.00 = S43,472.00 Annually S43,472 ♦ 1,672 Trips • S26.00 Pc Trip to Landfill Residential • S18,525 Commercial S17,680 Roll Off •. 543A72 NOT TO EXCEED S79,677 OOCIHWASTE.EXH �n� RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING THE COMMERCIAL WASTE AND ROLL -OFF COLLECTION SERVICE FEES FOR FISCAL YEAR 1999-2000 WHEREAS, the rates and charges for garbage and refuse collection and disposal services with the City have been duly established by Ordinance pursuant to Section 5471 of the Health and Safety Code of California; and, WHEREAS, the City Clerk has caused a notice of the filing of said report and the time and place of a hearing thereon to be published pursuant to Section 6066 of said Code; and, WHEREAS, at the time stated in the notice, to wit: July 6, 1999, at 7:00 p.m., this City Council conducted the hearing on said report and on the adoption of this resolution and heard and considered all objections or protests to the report; NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by the City Council of the City of La Quinta, California, as follows: SECTION 1. This City Council does hereby confirm the written report of the amounts of charges for City -furnished garbage and refuse collection and disposal services for the forthcoming year, itemized for each commercial establishment which will remain the same as the prior year, attached hereto and marked Exhibit "A". SECTION 2. This City Council hereby finds that the collection of such charges are in the best interests of the users and the City of La Quinta. SECTION 3. The report filed by the City Clerk with this City Council contains the amount of the charges for the purposes of commercial waste collection and roll -off service fees for Fiscal Year 1999/2000. SECTION 4. The said Commercial and Roll -off refuse collection charges shall be for the Fiscal Tear 1999/2000. SECTION 5. The costs identified in Exhibit "B" reflect the "not to exceed" amount associated with transporting the trash to the Edom Hill Landfill. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this the 61h day of July, 1999, by the following vote, to wit: AYES: P:Acomm99-OOrates.wpd 1 Resolution 98-59 NOES: ABSENT: ABSTAIN: JOHN PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California P: Acomm99-00rates. wpd City of La Quinta EXHIBIT A Proposed Monthly Commercial Refuse Collection Rates Effective July 1, 1999 2-Yard Bin: 6 ft. wide. 2 ft. deep. 3 ft high in front and 4 ft. hieh in back. Holds approximately 12 ea. 30 gallon cans Pickups per Week Rate Components Total Customer Rate Disposal 1 1 $46.59 $15.07 $1.04 $3.12 $2.40 $1.47 $69.69 2 $80.70 $30.14 $2.08 $6.24 $3.15 $2.94 $125.25 3 $1 13.04 $45.21 $3.12 $9.35 $4.00 $4.42 $179.14 4 $145.20 $60.27 $4.16 $12.47 $4.72 $5.89 $232.71 5 $177.42 $75.34 $5.20 $15.59 $5.25 $7.36 $286.16 6 $209.90 $90.41 $6.24 $18.71 $6.13 $8.83 $340.22 3-Yard Bin: 6 ft. wide. 3 ft. deen. 4 ft high in front and 5 ft. hieh in back. Holds approximately 18 ea. 30 eallon cans Pickups per Week Rate Components Total Customer Rate Disposal 1 $58.04 $22.60 $1.56 $4.68 $2.41 $2.21 $91.50 2 $99.16 $45.21 $3.12 $9.35 $3.07 $4.42 $164.33 3 $139.34 $67.81 $4.68 $14.03 $3.09 $6.62 $235.57 4 $176.33 $90.41 $6.24 $18.71 $3.05 $8.83 $303.57 5 $215.84 $113.01 $7.79 $23.38 $3.53 $11.04 $374.59 6 $253,91T $135.62 $9.35 $28.06 $3.34 $13.25 $443.53 kxtra h mpty: $39.39 4-Yard Bin: 6 ft. wide. 4 ft. deep. 4 1/2 ft high in front and 5 1/2 ft. high in back. Holds approximately 24 ea. 30 gallon cans Pickups per Week Rate Components Total Customer Rate Disposal 1 $79.46 $30.14 $2.08 $6.24 $3.55 $2.94 $124.41 2 $122.76 $60.27 $4.16 $12.47 $3.10 $5.89 $208.65 3 $167.84 $90.41 $6.24 $18.71 $2.53 $8.83 $294.56 4 $213.09 $120.55 $8.31 $24.94 $2.29 $11.78 $380.96 5 $255.69 1 $150.68 $10.39 $31.18 $1.64 $14.72 $464.30 6 $297.25 1 $180.82 $12.47 1 $37.41 $0.84 $17.67 $546.46 extra empty: 6-Yard Bin: 6 ft. wide. 6 ft. deer. 6 ft hieh in front and 6 ft. high in back. Holds approximately 36 ea. 30 gallon cans Pickups per Week Rate Components Total Customer Rate Disposal 1 $119.20 $45.21 $3.12 $9.35 $4.89 $4.42 $186.19 2 $184.16 $90.41 $6.24 $18.71 $5.77 $8.83 $314.12 3 $251.72 $135.62 $9.35 $28.06 $5.51 $13.25 $443.51 4 $319.86 $180.82 $12.47 $37.41 $5.27 $17.67 $573.50 5 $383.55 1 $226.03 $15.59 $46.76 $5.82 $22.08 $699.83 6 1 $445.92 1 $271.23 $18.71 $56.12 $5.12 $26.50 $823.60 Extra Empty: $79.51 SAT - $21.54; SAT/LESS THAN 6 X PER WEEK - $5.71; START FEE (NEW ACCOUNT) - $16.16; DELIVERY CHARGE - $51.81; LOCKING CONTAINER BAR- $34.58; REPLACEMENT LOCKING BAR- ; NSF - $20.00; RETURNED CHECK - $15.00; RESTART FEE (RESUME ACCOUNT WHEN ON DISCONTINUE/WILL NOTIFY FOR MORE THAN 30 DAYS) - $15.00; LOCKED ENCLOSURE AND/OR PULLOUT OVER 35 FEET - $4.64 PER PICKUP. t j Revised .Lune 24. 1999 City of La Quinta Proposed Rolloff Refuse Collection Rates Effective July 1, 1999 Container Size Rate Per Pull Monthly Flat Rate 20 Yards $83.85 $335.40 30 Yards $118.61 $474.44 40 Yards $140.35 $561.40 • Plus dump fees charged at $30.00 per ton plus $8.50 per ton Recycling Charge to be paid to the City • Plus AB 939 fees charged at $6.77 per ton • Delivery Charge $16.16 • Extra Trip Charge $45.94 • Compactor accounts will be charged at three times (3X) the basic rolloff rate Other Fees — Residential, Commercial and Rolloff Start Fee $5.71 Restart Fee $15.00 Returned Check $20.00 Revised June 24, 1999 I r EXHIBIT "B" EXTRA HAUL COST TO EDOM HILL A NNi 1 A i TRIPS Residential Commercial Roll off Total Trips Annually Extra time per trip (average) Haul cost per hour 957 949 1.= 3,478 24 Minutes S65.00 957 Trips X 24 Minutes = 381 Hours 'Less 25% for 2nd Load = 285 Hour 285 Hour X S65.00 = S181525.00 S18,525 + 8,500 Customers = S2.18 Per Customer Annuall S2.18 + 12 Months = S.18 Per Customer Monthl 849 Trips X 24 Minutes 340 Hours *Less 200/6 for Return Trip = 272 Hour 272 Hours X S65.00 _ S 17,680.00 S 17,690 + 146 Customer = S 121.95 Per Customer Annu S 121.94 + 12 Month = S 10.17 Per Customer Annui , ROLL OFF_ COSTS PER LnAn 1.672 Trips Annually X 24 Minutes 668 Hour Annually 668 Hour X S65.00 = S43,472.00 Annually S43,472 + 1,672 Trips = S26.00 Per Trip to Landfill Residential = S18,525 Commercial S17,680 Roll Off S43.472 NOT TO EXCEED = S79,677 DOCJHWASTE.Vai 01,13