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2000 07 05 CC
T4ht 4 46 Qum& CALL TO ORDER ROLL CALL Council Members: PUBLIC COMMENT City Council Agendas are now Available on the City's Web Page @ www.ia-quinta.org City Council Agenda CITY COUNCIL CHAMBER 78-495 Calle Tampico La Quinta, California 92253 Adjourned Regular Meeting Wednesday. July 5. 2000 - 2:00 P.M. Beginning Res. No. 2000-77 Ord. No. 346 Adolph, Henderson, Perkins, Sniff, Mayor Pena At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. Lei K!1�4 CONFERENCE WITH LABOR NEGOTIATORS SKI HARRISON, MARK WEISS AND JOHN RUIZ REGARDING NEGOTIATIONS WITH THE LA QUINTA CITY EMPLOYEES ASSOCIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6 - MEET AND CONFER PROCESS. 2. PUBLIC EMPLOYEE - CITY MANAGER - PURSUANT TO GOVERNMENT CODE SECTION 54957. NOTE: TIME PERMITTING, THE CITY COUNCIL MAY CONDUCT CLOSED SESSION DISCUSSIONS DURING THE DINNER RECESS. ADDITIONALLY, IF THE CITY IS CONSIDERING ACQUISITION OF PROPERTY, PERSONS IDENTIFIED AS NEGOTIATING PARTIES ARE NOT INVITED INTO THE CLOSED SESSION MEETING. RECONVENE AT 3:00 P.M. II. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak' form and limit your comments to three minutes. When you are called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all Business Session matters or Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. CONFIRMATION OF AGENDA APPROVAL OF MINUTES ANNOUNCEMENTS PRESENTATIONS - None WRITTEN CORRESPONDENCE 1. LETTER FROM COACHELLA VALLEY ARTS ALLIANCE REGARDING A REQUEST FOR $60 TO ASSIST IN THE COST OF FILING FEES FOR THE STATE AND FEDERAL TAX EXEMPTION STATUS. CONSENT CALENDAR Note: Consent Calendar Items are considered to be routine In nature and will be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED JULY 5, 2000, 2. APPROVAL OF A ONE-YEAR CONTRACT EXTENSION FOR PROJECT LMC 99-01, LANDSCAPE LIGHTING MAINTENANCE CONTRACT. 3. APPROVAL OF AN AWARD OF CONTRACT FOR THE CITYWIDE LANDSCAPE MAINTENANCE CONTRACT, LMC 2000-2001. 4. APPROVAL OF ON -GOING RENTAL USE OF THE SENIOR CENTER BY NEW LIFE COMMUNITY CHURCH. 5. ADOPTION OF A RESOLUTION ESTABLISHING THE NUMBER OF TIMES THE GENERAL PLAN CAN BE AMENDED IN A CALENDAR YEAR. 6. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY DEVELOPMENT DIRECTOR TO ATTEND THE 2000 CALAFCO ANNUAL CONFERENCE TO BE HELD IN SAN DIEGO, CA, AUGUST 30, 31 AND SEPTEMBER 1, 2000. 7. APPROVAL OF CONTRACT SERVICES AGREEMENT WITH KINER/GOODSELL ADVERTISING FOR FISCAL YEAR 2000/2001. Page 2 0 0 `,` 8. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 29563, ALISO II, CENTURY HOMES. 9. APPROVAL OF AWARD OF PROFESSIONAL SERVICES CONTRACT TO THE FIRM OF PROFESSIONAL SERVICES INDUSTRIES (PSI) TO PROVIDE MATERIALS TESTING SERVICES FOR ASSESSMENT DISTRICT 2000-1, PHASE A, B, C, AND D IMPROVEMENTS, PROJECT NO. 98-19. 10. APPROVAL OF AWARD OF PROFESSIONAL SERVICES CONTRACT TO THE FIRM OF TRI- STATE LAND SURVEYORS AND CIVIL ENGINEERS TO PROVIDE CONSTRUCTION CONTROL STAKING FOR ASSESSMENT DISTRICT 2000-1, PHASE VI A, B, C, AND D IMPROVEMENTS, PROJECT NO. 98-19. 11. APPROVAL OF CONTRACT RENEWAL WITH THE FIRM OF TRI-LAKE CONSULTANTS TO PROVIDE CAPITAL IMPROVEMENTS PROJECT FIELD INSPECTION SERVICES. 12. APPROVAL OF CONTRACT RENEWAL WITH THE FIRM OF NICKERSON AND ASSOCIATES FOR ADMINISTRATIVE SUPPORT SERVICES. 13. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 23995-4, INCO HOMES. 14. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 23995-5, INCO HOMES. 15. ADOPTION OF A RESOLUTION PURSUANT TO HEALTH AND SAFETY CODE §33334.16 TO EXTEND FOR FIVE YEARS THE PERIOD DURING WHICH THE LA QUINTA REDEVELOPMENT AGENCY MAY RETAIN CERTAIN PROPERTY LOCATED AT (1) THE NORTHEAST CORNER OF AVENUE 48 AND ADAMS STREET AND (2) THE SOUTHEAST CORNER OF WASHINGTON STREET AND MILES AVENUE. BUSINESS SESSION 1. CONSIDERATION OF A CULTURAL SYMPOSIUM PROPOSED BY THE CULTURAL ARTS COMMISSION ON NOVEMBER 4, 2000. A. MINUTE ORDER ACTION 2. CONSIDERATION OF THE CULTURAL ARTS COMMISSION 2000-2001 WORK PLAN. A. MINUTE ORDER ACTION 3. CONSIDERATION OF DESERT SANDS UNIFIED SCHOOL DISTRICT/CITY OF LA QUINTA COMMITTEE FORMATION. A. MINUTE ORDER ACTION 4. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 2.60, SECTION 2.60.020 (DESIGNATED EMPLOYEES - DISCLOSURE CATEGORIES) OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATIVE TO "CONFLICT OF INTEREST CODE". A. READ BY TITLE ONLY AND WAIVE FURTHER READING. B. INTRODUCE AN ORDINANCE. 003 Page 3 5. CONSIDERATION OF MARKETING COMMITTEE FORMATION AND DUTIES. A. MINUTE ORDER ACTION 6. CONSIDERATION OF A RESOLUTION GRANTING THE CITY MANAGER AUTHORITY TO DENY, WITHOUT PREJUDICE, THE TRANSFER OF CONTROL OF A CABLE TELEVISION FRANCHISE GRANTED TO AN AFFILIATE OR SUBSIDIARY OF TIME WARNER, INC. A. RESOLUTION ACTION 7. CONSIDERATION OF CONTRACT SERVICES AGREEMENT AND LEASE EXTENSION WITH THE LA QUINTA CHAMBER OF COMMERCE FOR FISCAL YEAR 2000-2001. A. MINUTE ORDER ACTION 8. SECOND READING OF ORDINANCE NO. 344, APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT, BY AND AMONG THE CITY OF LA QUINTA AND STAMKO DEVELOPMENT COMPANY. CASE NO.: DEVELOPMENT AGREEMENT 97-002, AMENDMENT ##2. APPLICANT: STAMKO DEVELOPMENT COMPANY. A. READ BY TITLE ONLY AND ADOPT ORDINANCE NO. 344 STUDY SESSION - NONE REPORTS AND INFORMATIONAL ITEMS 1. CVAG COMMITTEE REPORTS 2. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (HENDERSON) 3 C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) 4. C.V. MOUNTAINS CONSERVANCY (SNIFF) 5. DESERT RESORTS REGIONAL AIRPORT AUTHORITY (HENDERSON) 6. LEAGUE OF CALIFORNIA CITIES COMMITTEES 7. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 8. PALM SPRINGS DESERT RESORTS AIRLINE SERVICES COMMITTEE (HENDERSON) 9. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION 10. RIVERSIDE COUNTY FREE LIBRARY SYSTEM ADVISORY COMMITTEE 1 1. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 12. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (PENA) 13. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (PENA) Page 4 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS. B. MEETING WITH TORRES-MARTINEZ TRIBAL REPRESENTATIVES. 2. CITY ATTORNEY 3. CITY CLERK A. REPORT ON UPCOMING EVENTS. 4. BUILDING AND SAFETY DIRECTOR 5. COMMUNITY DEVELOPMENT DIRECTOR 6. COMMUNITY SERVICES DIRECTOR 7. FINANCE DIRECTOR 8. PUBLIC WORKS DIRECTOR/CITY ENGINEER 9. POLICE CHIEF 10. BATTALION CHIEF MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION OF CAMPAIGN CONTRIBUTION LIMITS - MAYOR PRO TEM SNIFF RECESS TO REDEVELOPMENT AGENCY MEETING RECONVENE AT 7:00 P.M. PRESENTATIONS - None PUBLIC COMMENT This is the time set aside for public comment on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. 1. CONTINUED PUBLIC HEARING TO CERTIFY A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO SUBDIVIDE 75.86 ACRES INTO 169 RESIDENTIAL LOTS AND OTHER COMMON LOTS ON PROPERTY LOCATED NORTH OF EISENHOWER DRIVE, EAST OF COACHELLA DRIVE AND A GENERAL PLAN AMENDMENT AND SPECIFIC PLAN TO ALLOW TRAFFIC SIGNAL SPACING OF LESS THAN 1,200 FEET. APPLICANT: U.S. HOMES, CORPORATION. A. RESOLUTION ACTION 005 Page 5 2. CONTINUED JOINT PUBLIC HEARING WITH THE REDEVELOPMENT AGENCY, THE CITY OF LA QUINTA AND RECREACTION GROUP OF COMPANIES AND LINC HOUSING TO CONSIDER TWO AFFORDABLE HOUSING AGREEMENTS BETWEEN AND AGENCY AND RECREACTION GROUP OF COMPANIES AND LINC HOUSING. A. RESOLUTION ACTION (S) 3. PUBLIC HEARING ON THE SETTING AND PLACEMENT OF RESIDENTIAL WASTE COLLECTION SERVICE FEES ON THE TAX ROLL FOR RESIDENTIALLY -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; AND APPROVING THE RESTATED AND AMENDED AGREEMENT FOR THE COLLECTION, TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE AND THE RESTATED AND AMENDED AGREEMENT FOR THE COLLECTION AND RECYCLING OF RECYCLABLE MATERIALS. A. RESOLUTION ACTION(S) ADJOURNMENT - Adjourn to the next regular meeting to be held Tuesday, July 18, 2000 in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92553. DECLARATION OF POSTING I, June S. Greek, City Clerk of the City of La Quinta, California, do hereby declare that the foregoing agenda for the City Council meeting of July 5, 2000 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 Stater Bros., 78-630 Highway 111, on Friday, June 30, 2000. DATED: June 30, 2000 JUNE S. GREEK, CMC/AAE 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. 006 Page 6 WRITTEN CORRESPONDENCE ITEM: Coachella Vallevi Arts Alliatice c% Riverside Arts Council 3900 Mabi Street, Riverside CA 92522 The Honorable John Pena, Mayor and City Council City of La Quinta P. O. Box 1504 La Quinta CA 92253 Dear Mayor Pena and Council members: The Coachella Valley Arts Alliance is in the process of forming as a nonprofit organization. As you know, La Quinta Cultural Arts Commission took the lead in establishing cultural arts conferences. An outgrowth of those conferences is the formation of the Arts Alliance, whose mission is to support artists and arts organizations and foster new arts activities to ensure cultural vitality in the Coachella Valley. The three cities currently represented on the Steering Committee and Acting Board of Directors are La Quinta, Cathedral City and Palm Springs, along with the Riverside Arts Council. There are some initial costs in setting up the organization which include the filing fees for the state and federal tax exemption status. The amount of these initial fees is $180. We are requesting that the three cities share this cost. La Quinta's share would be $60. (Cathedral City already has approved their share.) The Riverside Arts Council is acting as our fiscal agent until we are fully incorporated and the tax exempt status has been approved. Colleen McBride, their Executive Director, is serving on the Acting Board of Directors. The City of La Quinta will be kept informed of the development and progress of the Arts Alliance and we look forward to working with the Cultural Arts Commission and other cultural organizations in the community. Your check for $60 may be made payable to the Coachella Valley Arts Alliance in care of the Riverside Arts Council. We appreciate your support of the arts and this new organization. Sincerely, atHull Acting Chair (760) 771-1041 Am Tit,/ 4 4 Q" COUNCIL/RDA MEETING DATE: JULY 5, 2000 ITEM TITLE: Demand Register Dated July 5, 2000 RECOMMENDATION: Approve Demand Register Dated July 5, 2000 BACKGROUND: Prepaid Warrants: AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING 41548 - 415531 5,709.52 41554 - 415551 690.71 41556 - 415601 24,488.67 41561 - 415681 28,336.37 41569 - 415701 274.80 41571 - 415781 457,460.48 Wire Transfers) 64,444.45 P/R 5205 - 5280) 91,030.49 P/R Tax Transfers) 24,564.55 CITY DEMANDS Payable Warrants: 41579 - 416951 606,663.27 RDA DEMANDS $1,303,663.31 FISCAL IMPLICATIONS: Demand of Cash -City $888,244.08 Falconer, Finance Director 4155419.23 $1,303,663.31 007 CITY OF LA QUINTA BANK TRANSACTIONS 6/16/00 - 6/28/00 6/23/00 WIRE TRANSFER - DEFERRED COMP 6/23/00 WIRE TRANSFER - PERS 6/23/00 WIRE TRANSFER - CREDIT UNION 6/28/00 WIRE TRANSFER - RDA ESCROW - WILSON 6/28/00 WIRE TRANSFER - RDA ESCROW - SPEAR TOTAL WIRE TRANSFERS OUT $5,479.65 $13,481.80 $6,288.00 $14,195.00 $25,000.00 $64,444.45 2 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 09:07AM 06/28/00 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.*** 41579 06/27/00 &01125 DOUG BOREN 150.00 41580 06/27/00 &01126 JACK SCHREIBER 7.00 41581 06/27/00 &01127 JACK TAPLESHAY 75.00 41582 06/27/00 &01128 PAULA FORD 25.00 41583 06/27/00 &01129 CAROLINE HOLLAND 25.00 41584 06/27/00 &01130 JULIE MAHI 25.00 41585 06/27/00 ABL001 ABLE RIBBON TECH 36.96 41586 06/27/00 ALC050 BOB ALCALA 35.00 41587 06/27/00 AME200 AMERIPRIDE UNIFORM SVCS 105.67 41588 06/27/00 ARC100 ARCH 92.92 41589 06/27/00 ASCO01 A & S COFFEE SERVICE 449.00 41590 06/27/00 AUT030 AUTOMATED TELECOM 539.21 41591 06/27/00 BEI050 R BEIN, W FROST & ASSOC 17365.98 41592 06/27/00 BEN060 MATTHEW BENDER & CO, INC 275.01 41593 06/27/00 BIG100 BIG TEX TRAILERS 1987.99 41594 06/27/00 BNIO10 B N I BUILDING NEWS 266.59 41595 06/27/00 BOG100 SHARON BOGAN 39.20 41596 06/27/00 BOW050 WILLIAM BOWER ASSOCIATES 852.50 41597 06/27/00 BRA150 JOHN BRANSTETTER 680.00 41598 06/27/00 BRI100 BRINKS INC 275.40 41599 06/27/00 CAD010 CADET UNIFORM SUPPLY 137.89 41600 06/27/00 CAL051 ST OF CAL DEPT OF JUSTICE 140.00 41601 06/27/00 CAL175 CAL-SURV 1035.00 41602 06/27/00 CAR300 CARQUEST 94.55 41603 06/27/00 CEN010 CENTURY FORMS INC 112.32 41604 06/27/00 CHE200 CHERRYBROOK 20.00 41605 06/27/00 COA071 COACHELLA VALLEY PRINTING 1392.74 41606 06/27/00 COM007 COMPAQ COMPUTER CORP 9520.79 41607 06/27/00 COM045 COMMISSIONER OF PATENTS 25.00 41608 06/27/00 CON010 CONRAD & ASSOCIATES 50.00 41609 06/27/00 C00300 VALI COOPER & ASSOC INC 31412.90 41610 06/27/00 COS050 COSTCO BUSINESS DELIVERY 286.01 41611 06/27/00 COU010 COUNTS UNLIMITED INC 250.00 41612 06/27/00 CRA050 DANIEL CRAWFORD JR 213.92 41613 06/27/00 DES019 DESERT FIRE EXTINGUISHER 115.00 41614 06/27/00 DES020 DESERT FLAGS & POLES 750.56 41615 06/27/00 DESO40 DESERT JANITOR SERVICE 5201.50 41616 06/27/00 DES051 DESERT SANDS UNIFIED SCHL 50.00 41617 06/27/00 DES060 DESERT SUN PUBLISHING CO 228.26 41618 06/27/00 DES065 DESERT TEMPS INC 1232.06 41619 06/27/00 DIE050 DIETERICH POST 92.69 41620 06/27/00 DII050 CHRISTINE DIIORIO 108.48 41621 06/27/00 DOU010 DOUBLE PRINTS 1 HR PHOTO 11.54 41622 06/27/00 EAR010 EARTH SYSTEMS CONSULTANTS 1800.00 41623 06/27/00 EIS010 EISENHOWER IMMEDIATE CARE 85.00 41624 06/27/00 EVA050 DAVID EVANS & ASSOC INC 14716.50 41625 06/27/00 GAR040 GARZA TURF & POWER EQUIP 105.79 wlj 3 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 09:07AM 06/28/00 CITY OF LA QUINTA BANK ID: DEF PAGE 2 CHECK NUMBER 41626 41627 41628 41629 41630 41631 41632 41633 41634 41635 41636 41637 41638 41639 41640 '41641 41642 41643 41644 41645 41646 41647 41648 41649 41650 41651 41652 41653 41654 41655 41656 41657 41658 41659 41660 41661 4166,2 41663 41664 41665 41666 41667 41668 41669 41670 41671 41672 41673 41674 CHECK DATE 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 06/27/00 NO. GCS010 GRE040 HIG010 HIN010 HOAO10 HOM030 HON050 ICB200 INF030 INT015 INT040 JPRO10 JUDO10 KEL010 KIN100 KOR050 KRI100 KUN100 LAQ051 LAS200 L00010 LOG020 LOW100 LUC050 MARO10 MCKO10 MOM100 MOR050 MUS050 NEX010 NIC101 PAR150 PET100 PLA020 PRE005 PRE015 PRIO16 PRI020 PSI050 RAN040 RAS020 REV100 RIV080 RIV100 RIV101 RUI100 RUT050 SAW010 VENDOR. NAME GCS WESTERN POWER & EQUIP GREENWOOD & ASSOCIATES HIGH TECH IRRIGATION INC HINDERLITER, DE LLAMAS HUGH HOARD INC HOME DEPOT ** AP CHECK RUN VOID ** DAWN C HONEYWELL ICBM, INC INFORMATION RESOURCES INTERNATIONAL CONFERENCE INTERNATL ASSOC EMERGENCY JP REPROGRAPHICS JUDICIAL DATA SYSTEMS COR KELLY SERVICES INC KINER/GOODSELL ADVERTISNG KORVE ENGINEERING, INC BRUCE KRIBBS CONSTRUCTION MARNI KUNSMAN LA QUINTA CLIFFHOUSE LA SALLE LIGHTING SERVICE LOCK .SHOP INC MARK LOGAN LANDSCAPE INC LOWE'S COMPANIES INC LUCENT TECHNOLOGIES MARTIN & CHAPMAN CO MCKESSON WATER PRODUCTS MOM'S GAS STATION ANTHONY MORENO MUSICIANS OUTLET NEXTEL COMMUNICATIONS NICKERSON & ASSOCIATES THOMAS PARISI PET PICKUPS THE PLANNING CENTER PREMIERE PROPERTY SERVICE THE PRESS -ENTERPRISE CO PRIME -STRIPE INC THE PRINTING PLACE PSI ENVIRON GEOTECH CONS RANDAL'S PLUMBING RASA - ERIC NELSON REVOLUTION RIVERSIDE COUNTY HEALTH RIVERSIDE COUNTY SHERIFFS RIV COUNTY SHERIFF/INDIO JOHN RUIZ RUTAN & TUCKER STAN B SAWA PAYMENT AMOUNT 807.61 6000.00 131.20 2791.05 2964.89 888.54 28288.99 10.30 15.00 99.73 115.00 61.42 100.00 5114.87 137.38 55727.53 3386.00 68.80 250.00 4980.00 181.39 816.67 179.90 69.95 819.59 437.00 1001.70 122.94 27.43 3239.86 8465.00 2000.00 803.30 4650.20 125.00 346.30 220.20 757.48 460.00 83.86 3650.00 12.00 725.00' 224,475.32 1501.95 51.11 31365:45 198.11 010 f ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 09:07AM 06/28/00 CITY OF LA QUINTA BANK ID: DEF PAGE 3 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 41675 06/27/00 SAX100 SAXON ENGINEERING SERVICE 1365.00 41676 06/27/00 SIE100 SIERRA PACIFIC ELECTRICAL 17237.61 41677 06/27/00 S00010 THE SOCO GROUP INC 376.04 41678 06/27/00 SOU007 SOUTHWEST NETWORKS, INC 2902.25 41679 06/27/00 SUN080 SUNLINE SERVICES GROUP 719.10 41680 06/27/00 SWA040 SANDY SWAN 8773.54 41681 06/27/00 TER100 TERRA NOVA PLANNING & 21785.56 41682 06/27/00 TKDO10 T.K.D. ASSOCIATES INC 5861.87 41683 06/27/00 TOP010 TOPS'N BARRICADES INC 49.30 41684 06/27/00 TRIO10 TRI LAKE CONSULTANTS INC 29688.00 41685 06/27/00 TRI100 TRI STATE LAND SUVEYORS & 17910.00 41686 06/27/00 TROO50 GREG TROUSDELL 30.08 41687 .06/27/00 TRU010 TRULY NOLEN INC 215.00 41688 06/27/00 UNIO04 UNITED STATES POSTAL SVC 3000.00 41689 06/27/00 UNI200 UNITED RENTALS 693.08 41690 06/27/00 US0100 US OFFICE PRODUCTS 1111.66 41691 06/27/00 VOG050 CHRIS A VOGT 27.84 41692 06/27/00 WAL010 WAL MART STORES INC 245.83 41693 06/27/00 WES020 WEST GROUP 51.72 41694 06/27/00 WIN010 WINSTON TIRES 44.99 41695 06/27/00 XER010 XEROX CORPORATION 3352.85 CHECK TOTAL 606,663.27 Oil 5 H N M v U) lD 10 h OD H z -4 N M C to O E. z O O h 04 \ r•1 m M M t0 kD M kD tD lD N N H M M � � N N N N N W � kD E F E E+ E+ E E+ H H H H F F E E. a a h O O ID O LO N fn Rl @ C O O V' p o 0 0 0 0 o d 01 O H z E p .n N Ln \D .n M N kD lD in h N N N N M M u7 Vn C -W lD E D h r N M r o a O O O O O O O o � d p p o 0 0 � 0 w r � N N t0 0 M u) O N O1 Ln ,�.,, h N N N M a D: > w �' 0 m z a a a a F F U) Ul F y F y E. 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NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 41571 06/26/00 CAL065 CALIF JOINT POWERS INS 41572 06/26/00 COA075 COACHELLA VALLEY UNIFIED 41573 06/26/00 COA080 COACHELLA VALLEY WATER 41574 06/26/00 CVA010 C V A G 41575 06/26/00 GTE010 GTE CALIFORNIA 41576 06/26/00 IMP010 IMPERIAL IRRIGATION DIST 41577 06/26/00 STA010 STAMKO DEVELOPMENT 41578 06/26/00 STA051 STAPLES CREDIT PLAN CHECK TOTAL 3:13PM 06/26/00 PAGE 1 PAYMENT AMOUNT 102960.00 332087.50 266.41 150.00 47.15 5774.23 15368.00 807.19 457,460.48 027 2� z O F Z O O ~ C7 C7 C7 (7 C7 C7 Ch C7 U' (7 (7 C7 C7 C9 C7 C7 f7 C7 C7 C7 C7 o U E £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ w C� ry W W W W W W W W W W W W W W W W W W W W w E+ E+ F E. 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F F E > a 0 z Z z z Z z z Z. z z z z Z U W z D D D D D D D D D D D D z H 0 W O O O O O O O O O O O O w W > U U U U U U U U U U U U> i O O U U U U U U U U U U U U U) a a a a a a a a a a a a a o C w w w w w w w w w w w H Q a w w w w w w W w w w w > a a a a a a a a a a a a w 5 E E E E E E ,Zi O H rZi z F W W W W EE-H W F W E W W F W W W EF-E W Im O O (n d) U) to to to N N to to to y El H x m a PO W as a 10 o w F a W L o a 0 m 0 0 0 0 0 0 0 Gq Ln o m w m o m o 0 0 0 0 0 0 m M M M (n H M 14 1-I H Z ID 0 0 0 0 0 0 0 0 0 0 0 0 ,zz r fi M '�7 W M N H(n .-i H N N m 0) Ln u) u') to N u) O N Ln Lo O O O W a a C a• -4 sr c rl a N N H U U H r-1 H -4 '4 4 -1 H H H H H r-I a O O 0 O O O O O O O O O O H -4 r-1 H •-1 r-1 H ri z IR 0� o a a a a a a a a a a a a a a E+ F E E E E E F F E E E a 0 H H H H H H H H H H H H 0 0 0 0 0 0 0 0 0 0 0 0 W - W w w w w W W w w w W W a > a a a a a a a a a a a a W 43 U U U U U U U U U U U U z o co H m V) (n to En .N M W N N fn U) a D O w w W w w w w w W w w w a x a a a a a a a a a a a a a a a a a a a a a a a a a a O a a a a a a a a a a a a z E+ E E F E+ F E F E F E E+ E E. 02 O > o rl 4 .-r r 4 �4 H H H -4 4 O N O O O O O O O O O O O CD0 O E.a a a a a a a a a a a a a F ElE E E E E E E F E E E+ U U N to W N W N y y W N 23 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 41569 06/22/00 KOC100 STEVE M KOCHELL 41570 06/22/00 LAQ040 LA QUINTA CHAMBER COMMERC CHECK TOTAL 2:52PM 06/22/00 PAGE 1 PAYMENT AMOUNT 224.80 50.00 274.80 030 24 �a o E Z O O N U CD 0 o Ea £ a m Ew" E. a a c O O N E. m o o N N Y O N a 0 0 m o z 4 o O N En N Fi N O U z (-p H p pap U � z a y H Z E. ° O W E E+ E. W HO H ❑ O w a o z ❑ x z H Q a\ > O > w a to W W H ❑ a w z E z H ❑ H .7 H z H x a W m a o 0 w E a o 0 w 0 0 Op o 0 � � r z N N M � E. z O M O O O O O U a � � U a w O U m a o W 0 Ln a a a U O a x F pap H £ z co O1 a W a a EEl z O > o 0 0 o a o " a x 0 N F4 E+ O E E. z 14 a a 031 25 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 08:58AM 06/22/00 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.*** 41561 06/22/00 CAL050 . STATE OF CALIFORNIA 41562 06/22/00 INT005 INTERNAL REVENUE SVC-ACS 41563 06/22/00 LAQ050 LA QUINTA CITY EMPLOYEES 41564 06/22/00 NOR025 NORTH CENTRAL GROUP 41565 06/22/00 RIV040 RIV CNTY DISTRICT ATTORNY 41566 06/22/00 SUP100 SUPPORT PAYMENT CLEARING- 41567 06/22/00 UNIO05 UNITED WAY OF THE DESERT 41568 06/22/00 UNU050 UNUM LIFE INS CHECK TOTAL 224.80 200.00 338.00 25336.00 468.00 150.00 148.00 1471.57 28,336.37 032 26 N M a 00 1n k r (n rz a o E z 0 0 N 1- ,-•1 x m m rn rn E 0 W m m m 0) m m E W rn rn rn rn E a W F E.E+ E E F E '' 00 p O O O O O O O r N r 1+ W F m O O O O O ° W Z O O co M ID M W `O O 11') OD � '- r m M N N N M v 1 H M a Fy N N O a W N p 00 O O O O O O O O O O O O ul v W o O m �O ❑ 0o a o a In cljo N R: N O m EEl n m 9 a H N N H a E+ O ,--1 El H a W N a I S x x W F En En ❑ E" z En H U H H H w w E z Q1 a a a �4 'i a a US'd a F a r7 El H a fA E. a a C7 El a a E+ U11 z E+ �+ OH O E F a E., F1 , . F F4z WH E. F 0° $4 a O $4 O y 0 11 y O H ❑ O H y u�i O . O m ❑ z ❑ z ❑ z z z ❑ z ❑ z ❑ z 1-7 z H OG a. 7 R: 7 [s, 7 LYi > C. >fl: H I [Wi] ❑ .> a a w x a a a ❑ W W a o ,.., n m rn ao > > c O H z a o F ❑ H ,Y. a z w a m w m a I O o w o 0 0 0 0 0 0 w O p p O O O 0 O O O N N N %D N N Ln N m M z N N N N N N N N E z O o O O O o O o o o o .o o O O O O Cl O O O O O O O O U o 0 o 0 o o o O ' U W PSG z a HE. N v ° a w o 1,.1 Fa-1 N £ O F U x 0 O 0 W W a H E. EH n o W a o 1-a H m z 1 a W a U z H❑ a H w w ElO a a H H U Z a ❑ a W W E- a0 [W-1 a F a E. C. > a H O a, Q �7 ❑ � H z a 033 El O , 0 1n O - N O O O u) O O to ,J N p O O LO O N O C' O -4 O O o r z D a z U a z a 2 1 ^J �% ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 2:18PM 06/21/00 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.*** 41556 06/21/00 AME075 AMERICAN RED CROSS 30.00 41557 06/21/00 CIR010 CIRO'S RESTORANTE 187.33 41558 06/21/00 COA080 COACHELLA VALLEY WATER 13573.47 41559 06/21/00 GTE010 GTE CALIFORNIA 52.17 41560 06/21/00 IMP010 IMPERIAL IRRIGATION DIST 10645.70 CHECK TOTAL 24,488.67 034 w M y to l0 r m m O r-I N M v to lD r m m O H N M v Io .� N ri H H H �...� H ra r� r-I r-1 H N N N N N N O E. Z O O ri r-I x C7 C9 C7 C7 C9 (7 C7 C7 C7 C7 C7 (7 (7 C7 C9 C7 C7 V C7 C9 C9 C7 C7 C7 0p £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ a El G.7 W W W W W W W W W w W W W W W w W W W W W W W W .£ E pq E. E F E. E F H E E E. F E. E-1 E E F+ E F F E H E F E F a a O M M m 0 LO m O O%D m M m r to N O v m \O N M O M to E O M e-I m M v O to O v r 1D r v ri O N m m to m O to N d' O r ri V) m m M W r r %D N 0) to r to N m to H<n Wto r-1 H w Z M OD N M to v m v H m M r lD m N N N M r-I to H O N m W H %D m m >y FC O O i r 0. O M r r O r M N to M m ri r N M £ W 0 0 Q £ � U a a s 0 H.4 H Z E E U U U U U U U U U O Z o (D x o > > > > > > > >.> o 0 E. " (7 E.(n In V) to w N y O w W H F F Q E U U U U U U U U U U U U V) H a (`r.) a a > > > > > > > > > > > > a' a a U U U U U U U U U H H H O a O m N w m N 0 m O m to m m O U O H H H H H H H H H Q H w Q a a a a a a a a a r" Z U Z a a a a a a a a a a a a Z k, E Z E F E-H F H E H E I�-I N E. w Z w w w w w w w w w w w w w w L. O W U U U U U U U U U W a> O> F H F F E F E. H F H H F>£> W w w w w w W w w Q w O FC FC 4FC 4FC 4 4 4 4FC 4w a a a a a a a a a mu U - 3 3 3 3 3 3 3 3 3 3 3 3 EIM w w w w w w w w w m w v O M N O O O CAMO M o to w m m M 0 m H Q a r O -4 O O N O w m 0 -w w 0 v M O O N ri c a In 0 0 0 0 0 0 1 > ra O m ri m N m r-I m r-I .4 M H O O H a O H a O H a H pG H a v r. M ri r-I O M r-I H Cl FM [Y. Fd 1-1 H 1-4 f.�. H a4 rZ-I Q fZ-I \O r r O r O r O r O w O FC FC FC Ft FC r r O O O FC a FC Q O w O to to to N to ID > > > > > r r to to an > > > > > > H x . a In In w m a � o o w E+ p O M M M P1 M M M N p N M to m y O M M O m N M W O a O O to to to to to 0 0 M O M w wO H %D o to to O r-1 M w w O k] (p O O N to to to to to 0 W O W W tD w l0 O to to o W %0 W l0 O £ M r m m m m m m m r-I H -4 H r-I r to r m m r r r r r r p O M O O O O O O O m M M M m N M N O O N N N N N N Z r w w w (D w 10 w w w wl0 Wl0 ID ww w w w (D w w El 0 0 0 O O w H v M v v v v v r O w m v v v v M z N O ri O m to o to to m m to to 0 0 0 to to to m m to to to to to to 0 N .--I W W %0 %0 W W tD v v v v v v v M %0 W v v v v v v U-4ri r-1 r•I ri �-+ r-1 r-I r-I -4 1-1 ri r 4 ri 1-1 H rd H (DO r-1 CD r-4 r. O r. O r-I O .-� O ri (DO O O O O O O O O O C. O O O O O H 14 v v v v v v v ri r-I ri H ri H r-1 ri v v ri ri ri r-I ri ri m. a a a a a a a a a a a a o 0 0 0 0 0 0 0 0 W w w w w w w w w W w W E E E H E F E F F E E F FC FC FC FC FC FC FC FC o 0 o 0 o 0 0 0 6 M 3 3 3 3 3 3 3 3 3 3 3 3 0 W H H H H H H H H H p O E->+ >+ >+ >+ >+ > >1 >+ >1 >. >1 >' F F F F E F H • F E-E O a z W W W W W W W W W W W W FC FC rC FC FC RC KC FC FC n U a a a a a a a a a a .a a w a a a a a a a a a a a a H H H H H H H H H H H 4 Q O 4 4 4 4 4 4 4 4 4 z z a a a a a a a a a >>>>>>>>>>>> o o a a a a a a a a a a. m 1--I H H H H H H H M W F� 7 a ,y a a a a H H a a a a a a a a a z a a .] a .] a a a a a a a .a a s a s U cn w w w w w w w w w w w w H H H H H H H H H H s x x x x x x x= x= x U U a a a a a a a a a a a a 0 U U U U U U U U U U U U w w w w w w w w W (u a FC FC a FC FC FL FC FC FC FL FC W w w a a a a n a a a O 35 H O O O O O O O O O O O O E- H H H H H H H H H I£ + r z FC U U U U U U U U U U U U U (D (D Z O > o 0 0 0 0 0 0 0 0 0 0 0 o O o O 0 p 0 0 00 0 0 n ri OD m m m m m w m m m m m -4H �-+ H r-I r-1 r-1 r-I H r-I H O r p O 0 0 0 0 O 0 0 O O O O O O 0 0H WH WH WH 0H 0H WH WH 0 a F C 4 C C C Q C W W O 0a O O O O O O O O O O O O E. E- U U U U U U U U U U U U U U U H L) 20 .4 z �o r N N O H z 4 F F rn o E- O fl W z kO O D c CO i+ O m N a w m D Z F z D O U U 4 M O O U) a ' a W E+ a z CI H Ol RC D a .a] rn z zo > D 0 �+ U E+ U H FC U O r Ln a C) O a > > o UI V) E+ H H 0 U U W a a > w w D D 0 0 Q > > 01 N r r N N ID ID a v� Ln Ln a' c H H O O r m co c N a E. O F E+ z W E >+ 9 a 036 30 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 41554 06/20/00 AD0010 DON ADOLPH 41555 06/20/00 D00050 DOOR SERVICE COMPANY CHECK TOTAL 11:43AM 06/20/00 PAGE 1 PAYMENT AMOUNT 619.21 71.50 690.71 037 31 Z r N O F Z 0 0 O N o w w a W E E" w o E. N If1 H W El 01 >1 O Q Sa. a � o N � H C1 E r Z W z Z O U a H w Z U a 0 a 0 W a E El w 0 H a x x 0 0 0 > a a H fn , w a W W Q > a o N E. F a W Cu H � fti z z E r H O H O O H Z O 14 H x a < m w m a 0 O O E. F PG O O w O O W O O z r M Z m m to O U N Q O c �-1 N az+ m o a o O a U Q w � U Q a > W z a a a cn N a Q a in °o a 0 0 m Z 0 C] z O > o 0 O Ln >+ 0p o Q 0 P4 U Q 32 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 41548 06/15/00 AUG100 JIM AUGUSTSON 41549 06/15/00 COA080 COACHELLA VALLEY WATER 41550 06/15/00 GTE010 GTE CALIFORNIA 41551 06/15/00 GTE020 GTE TELEPHONE OPERATIONS 41552 06/15/00 GUM050 BRAD GUMMER 41553 06/15/00 IMPO10 IMPERIAL IRRIGATION DIST CHECK TOTAL 3:12PM 06/15/00 PAGE 1 PAYMENT AMOUNT 73.50 381.71 847.67 511.15 94.50 3800.99 5,709.52 039 33 0 H W Z U H (!I w 0 O 14 H o a Z I z £ H C] H O O H z H �Y. ou Q Rl W as a I O o w F x W m z Z E z O O U U H N C M C to r m 01 O H N M C o w r m M O H N . ry H H H H H H H H H H N N N C7 C9 t7 C7 (7 C7 C7 C9 C7 U C7 (7 C7 C7 0 C7 C7 C7 C7 C7 C7 C7 C7 W w W W W W W W W W W W W W W W W W W W W W W E F F - E F F F E E E F F E E F F F E F E F E E O 10 )n m 0 VW un O V a O m m L O M m m 0 CD N H 1D )n (n ri Ln )n u) N O u1 H O H 01 1D 10 O 10 m r 7 m m H H m N O N Ln 1D u) 1D lD H c O %D M H W O O O r 0) H M N m c r m r r r r H 01 r H to H m Ln O m I m Ln H N r M) N o H r n o rn )n r 10 H n rn M r m c H rn o m m u1 m rn W z W H E a a a a A o a W a a U o v a F r.0 FC O O O aC z l< RC > > > FC Z E. E. E . z E E 4 O F El U U U U U to 0 0 F W o O O x 0 O > > > > > o x El E z Z z E. a, E+ 0G E to to to 0 to a a a F z U U O U O D U O D U U U O 4 4 4 H a >> iz H> H>> H>>>> a F 1% E C U U U U U U U U w 4 O W W O U)E m 0 F U) w U) W O W O U O H H H H H H H H O E O O RC N 4 RC O z o O O Z w w w C4 R: w 0c o z z a a z W o W W o w w w w z w Z Z Z F E+ E E F E+ E' E z W W w W 97 H z H Z z H z z Z Z W W W E4 W' U U U U U U U U W F> El F> x O x O O x O O O O> E+ > N> w w w w w w w w> z a s a x x x x x x x x x z z a a a a a a a a W H N O m m lD m r 10 m D1 N N H H m m o w to w to to o ' O N m 10 Ol m N m 0 r 01 m a' H O O O O O O O O O r O O H m H N H H m O O O O O O H w H w 01 H C C N C 0 -W m c H N m -W m c m c m v 10 z m `i H pH� Ha H (4 H a pHG H w F a r 10 W W W c w 10 w w a CD 0 FC > > r N Ln 0 0 m 0 0 0 LO W )n Ln > > > > > > 0 CO E 0 a 0 E h 0 0 0 NO MONOOVOOOO O N M 10 10 O m O O l0 O O O O O 01 w 1c 10 O 10 O O 10 O O O O O )n H H H to H u1 In N u) ul u) Ln 01 O1 M M m m m M M M m M m m o 0 10 10 10 10 10 tD l0 10 lD 10 l0 l0 lD 10 vv c M v m m c m m M m m cr) Lr) N Ln N N Ln N tn N N Ln N N Ln C C C H Q' H H V' H H H H ri N H H H H H H H H H H H H H H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 H H H H H H H H H H H H H H W W E+ E+ 3 3 N N W W > > U U 0 0 U U O o OD m U U H H N H H H H H H H 0 0 0 0 0 0 0 0 0 0 H H H H H H H H H H U U U U U U U U U u O o o O C. 0 0 0 0 0 H H H H H H H H H H 0 0 0 0 0 0 0 C. 0 0 H H H H H H H H H E- C� C9 t7 C7 C7 C7 f7 C� C9 C7 V) 0 H W a O W 0 x a w a w F w E O 0 0 W u x w 0 0 0 0 0 0 0 0- ,-4 H H H H H H H C. 0 0 0 0 0 0 0 H H H H H H H H me, 0 E E+ z E N a 34 A/P - AP6002 CHECKS TO BE VOIDED 08:18AM 06/23/00 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR INVOICE NUMBER ID DATE AMT. PAID NUMBER NAME DESCRIPTION 41561 DEF 06/21/00 224.80 CAL050 STATE OF CALIFORNIA P/R Distr.-GARNISH - ST FRCH T TOTAL VOIDED 224.80 041 35 AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 5, 2000 CONSENT CALENDAR: ITEM TITLE: Approval of One Year Contract STUDY SESSION: Extension, Project LMC 99-01, Landscape Lighting PUBLIC HEARING: Maintenance Approve a one year contract extension for the Landscape Lighting Maintenance Contract, LMC 99-01 with Kribbs Construction. The proposed contract (Attachment 1) is for an hourly rate of $40 per hour for actual hours worked. Based upon weekly inspections and actual work from the previous fiscal year, it is anticipated that this contract will be for approximately $105,000. An amount of $105,000 for Landscape Lighting Maintenance has been proposed in the Fiscal Year 2000/2001 preliminary budget, Account No. 101-454-603-000, Contract Services. None. During the June 15, 1999 City Council Meeting, City Council awarded the Landscape Lighting Maintenance Contract No. LMC 99-01, to Kribbs Construction in an amount not to exceed $32,000. The original contract specifications allowed for four (4) one year extensions renewable at the beginning of each fiscal year through Fiscal Year 2003/2004. At the beginning of this Contract, several of the facilities required many man hours and materials to bring them to a fully functional condition. These facilities included City Hall and the Senior Center. Funding for repairs to these facilities was not included. in staff's original estimate. This, combined with a higher volume of vandalism .than anticipated, resulted in the need to add an additional $42,280 to this contract during the Fiscal Year 1999/2000 mid -year budget adjustment, bringing the total amount funded to $74,280. 042 T:\PWDEPT\COUNCIL\2000\000705b.wpd The current funding amount of $105,000 includes facilities due to come on-line during Fiscal Year 2000/2001 and a back log of work identified through weekly landscape lighting inspections. Based on Kribbs Construction's past performance, their familiarity with the required work, and staff's efforts to save the time and money needed to rebid this project, staff recommends approval of a one year extension. The alternatives available to the City Council include: 1. Approve a one year contract extension for the Landscape Lighting Maintenance Contract, LMC 99-01 with Kribbs Construction; or 2. Do not approve a one year contract extension for the Landscape Lighting Maintenance Contract, LMC 99-01 with Kribbs Construction; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for Submission by: Thomas P. Genovese, City Manager Attachments: 1. Agreement 041 T:\PW DEPT\COUNCIL\2000\000705b.wpd 002 THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation, herein referred to as "City," and BRUCE KRIBBS CONSTRUCTION, herein referred to as, "Contractor." l ITHEEEEIH: In consideration of their mutual covenants, the parties hereto agree as follows: 1. Contractor shall furnish all necessary labor, equipment, transportation and services for Project No. 99-01, Landscape Lighting Maintenance Services for Fiscal Year 2000/2001, in the City of La Quinta, California pursuant to the Invitation to Bid, dated May, 1999 , the project Specifications, and Contractor's Bid, dated May 26, 1999, all of which documents shall be considered a part hereof as though fully set herein. Should any provisions of Contractor's Bid be in conflict with the Notice Inviting Bids, Specifications, or this Contract, then the provisions of said Contract, Specifications, and Invitation to Bid shall be controlling, in that order of precedence. The time frames for construction work shall be in accordance with those specified in the Contractor's Bid. 2. Contractor will comply with all Federal, State, County, and La Quinta Municipal Code, which are, as amended from time to time, incorporated herein by reference. 3. All work shall be done in a manner satisfactory to the City Engineer. 4. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within 30 consecutive calendar days from the date of Notification to Proceed. 5. In consideration of said work, City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's Bid, the base consideration of One Hundred Five Thousand Dollars ($105,000.00) per year. All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Specifications. 6. The Contractor shall not knowingly pay less than the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty -Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision (Sections 1770-1777, Labor Code of California). 7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in said Specifications or Invitation to Bid, the cost of which shall be paid by Contractor. 8. Contractor agrees to indemnify, hold harmless, release and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgements and expenses (including attorney's fees and costs of litigation) which in whole or in part are claimed to result from or to arise out of the usage or operation, including the malfunctioning of, or, any injury caused by, any product purchased herein; or any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract. This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and KE AM damage to property (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general public). 9. Except as otherwise required, Contractor shall concurrently with the execution of this contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in said Specifications. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City as an additional insured. Contractor shall furnish evidence of having in effect, and shall maintain, Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 10. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California. 11. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $500.00 liquidated damages for each such breach committed under this contract. 12. Contractor also agrees that for contracts in excess of $30,000 and more than 20 calendar days duration, that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to other penalties provided by law. 13. This Contract shall not be assignable by Contractor without the written consent of City. 14. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed. 15. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law. 16. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 17. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 18. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the contract. Q4-15 005 19. The Contractor shall maintain all such records in the City of La Quinta. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 20. The further terms, conditions, and covenants of the Contract are set forth in the Contract Documents, each of which is by this reference made a part hereof. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: ATTEST: June S. Greek, City Clerk APPROVED AS TO FORM: City Attorney Dated: Dated: CITY OF LA QUINTA, a California municipal corporation By: John J. Pena, Mayor Dated: Dated: "CONTRACTOR" By: Name: Bruce Kribbs Title: Owner By: Title: "CONTRACTOR" (If corporation, affix seal) 04S 006 TW�t 4 4 QN&M COUNCIL/RDA MEETING DATE: July 5, 2000 ITEM TITLE: Approval of an Award of Contract for the Citywide Landscape Maintenance Contract, LMC 2000/2001 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 3— STUDY SESSION: PUBLIC HEARING: Award a contract for the Citywide Landscape Maintenance Contract, LMC 2000/2001 to Lundeen Pacific Corporation, of Palm Desert, California, for the bid price of four hundred seventy thousand, two hundred twenty six dollars and forty eight cents. ($470,226.48). Sufficient funding has been approved in the Fiscal Year 2000/2 Landscape Maintenance - Contract Services Account No. 101- amount of $640,000. This project is funded by the Lighting and Landscape Assessment the General Fund. Therefore, under the Charter City status, the Cii to pay prevailing wage rates. The City may realize a cost savings 1 Budget through 4-609-000 in the District Funds and y is not mandated n this area. Following the City Council's authorization to receive bids at the ay 16, 2000 City Council Meeting, bids were advertised for the Citywide Landscape Maintenance Contract, LMC 2000/2001. There are a total of seventy three (73) facilities for which landscape maintenance services will be provided. On June 22, 2000, bids (Attachment 1) were opened for thi project, with the following results: 1. Engineer's Estimate $639,171.81 2. Lundeen Pacific Corporation $470,226.48 3. Pac West Land Care $556,284.83 04J7 T:\PWDEPT\COUNCIL\2000\000705c.wpd The low bidder for the Citywide Landscape Maintenance, LMC 2000/2001 is Lundeen Pacific Corporation, of Palm Desert, California. Staff has completed a background investigation of the low bidder and has determined the low bidder is qualified to complete this project. In addition, Lundeen has provided these services to the City for the past five years. The low bid is $168,945.33 under the Engineer's Estimate. The Contract duration will be for a period of one (1) year with an option to extend the contract (Attachment 2) for additional years should the Contractor fulfill the obligations to the City's satisfaction. The alternatives available to the City Council include: 1. Award a contract for the Citywide Landscape Maintenance Contract, LMC 2000/2001 to Lundeen Pacific Corporation, of Palm Desert, California, for the bid price of $470,226.48; or 2. Do not award a contract for the Citywide Landscape Maintenance Contract, LMC 2000/2001 to Lundeen Pacific Corporation, of Palm Desert, California, for the bid price of $470,226.48; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for submission by: n Thomas P. Genovese, City Manager Attachments: 1 . Bid Schedules 2. Contract 3. Specific Project Requirements T:\PWDEPT\COUNCIL\2000\000705c.wpd ATTACHMENT 1 SECTION 1205 PROJECT NO. LMC 2000/2001 Proposal to the City of La Quinta, In compliance with the Advertisement for Proposals, the undersigned Contractor: Having examined the contract documents, site of work, and being familiar with the conditions to be met, hereby submits the following Proposal for furnishing the material, equipment, labor, and everything necessary for the completion of the work listed and agrees to execute the contract documents and furnish the required bonds and certificates of insurance for the completion of said work, at the locations and for the prices set forth on the inside pages of this form. Understands that services of this project shall be in accordance with all applicable Specifications in this document. Understands that their Proposal shall be submitted with a proposal guarantee of cash, certified check, cashier's check, or surety bond for an amount no less than ten percent 0 0%) of the amount of the Proposal. If a surety bond is used, the Contractor must use the form provided with this Proposal. Agrees that upon receipt of Notice of Award from the City of La Quinta, the Contractor will execute the contract documents. Work shall be completed within one (1) year (twelve [121 months), beginning with the day following the starting date specified in the Notice to Proceed. Said notice will be issued when required by the Contractor, or, when, in the opinion of the Public Works Director/City Engineer sufficient materials are, or will be, available for the continuous prosecution of the work. LlAt�y�EEI., �c-lF lL � RP Name of Bidder 201 a000 Date 049 1200-3 004 to 4) a` 5, cc O h O 1fi 9 N MLl g M(-4 C N N� 9��9 00 l�K7i? 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N •- M O p C to N N .- f'9 .- m M O Ln rn Lo co 0) O O M .�. �-• CO M N - 'u) tt M V C7 O) 00 p It O a) COM O r O M IR N M o O p O w N N , O M M LR � p O cV Z a— M N U) d r' O p0 co O co O N O O 00 O O O ClO O O O O O N u. Oo r- o M O vs N N O L U a) p � C •y . r -� 0 �' a '0 E H N v N CO • > rn ` m Z N c d m 3 m '> a) 2= m° r. 0 N E 0 CD a' W E O m C a) 0b .4t N LO .- �- 0J C ° U Li o o (md Q ai ai o} aCi o o � c c a' a' m = � c � y U. o C W C O C o C 0 c 0 c o c O N C C C C C C c _O ° _U O. NN o NN C cNo C �No o _C t W t W t W t W L W t W (oo cco ? *k r- co N m M 0 It 0 t0 0 O 0 n 0 00 0 M co O N r- N N N M N 1 C ` a) 0 O ° o a� N o > X X � .� C O N C N O o 0 0 t y C O O O •��v- O N i X O O O r. �. Q N N O co co ca >, y a Qcr <n co to M L *' aaa OC O+, m c� J ° O �G +O— O N�= O _Oi O O N `p p O ol al C O cr O @J CaJ CaJ 0 m " LL. LL. LL. j (m C �►. a Cr(nN6 Z c N L- �j Q 0 C C N O O Q 0 ? C U U) + G O N N C coo O�, �y O C O O a X 7 L N 4-1 N N C O> y 0 C O C C_ X V O 0 v O Vj (n a� cca C L) 7 a� y �n O >, > rn C rl O E C H U > N L C I— O O Z O } 05? 007 W O O N 1.0 TYPICAL UNIT WORK COSTS A. PLANT MATERIAL (INSTALLED) 20. Annual color (4" container) 21. Ground Cover 22. One (1) Gallon Shrub 23. Five (5) Gallon Shrub 24. Fifteen (15) Gallon Shrub 25. Fifteen (15) Gallon Tree/Staked 26. 24" Box Tree/Staked 27. Seeded Turf 28. Sodded Turf 29. Stolonized Turf CONTRACT LABOR SUMMARY $ , l2. each $ (0.00 flat $ q•00 each $ VR-00 each $ 85•oo each $ 85.00 each $ Z50.00 each $ 0.015 SF $ 0•50 SF $ 1 SF Pursuant with Specifications Section 1110 No. 24, the following labor summary must be completed showing the number of full time positions provided by the Contractor to perform the perpetual landscape maintenance services on a weekly basis. Additionally, City staff will evaluate bids to insure that a satisfactory number of positions have been provided for by the Contractor to insure a high level of landscape maintenance throughout the City. , Please designate the number of full time employees that have been included in your bid for this Contract. Please show number of personnel provided on a weekly basis for each category below: A. Supervisor/Quality Control Manager B. Equipment Operator(s) C. Pesticide Applicator(s) Summer/Winter l / l � / S 053 1200-7 008 D. Irrigation Specialist E. Irrigation Technician(s) F. Foreperson(s) G. Grounds Person(s) (for athletic field maintenance) H. Tree Trimmer(s) (includes selective shrub pruning) I. Landscape Laborers For period April through October (summer) Total Full Time Positions Bid For Period November through March (winter) Total Full Time Positions Bid l / I 3 mAn creup - (o weeks peh- yeas 054 120CD0 9 SECTION 1205 PROJECT NO. LMC 2000/2001 Proposal to the City of La Quinta, In compliance with the Advertisement for Proposals, the undersigned Contractor: Having examined the contract documents, site of work, and being familiar with the conditions to be met, hereby submits the following Proposal for furnishing the material, equipment, labor, and everything necessary for the completion of the work listed and agrees to execute the contract documents and furnish the required bonds and certificates of insurance for the completion of said work, at the locations and for the prices set forth on the inside pages of this form. Understands that services of this project shall be in accordance with all applicable Specifications in this document. Understands that their Proposal shall be submitted with a proposal guarantee of cash, certified check, cashier's check, or surety bond for an amount no less than ten percent (10%) of the amount of the Proposal. If a surety bond is used, the Contractor must use the form provided with this Proposal. Agrees that upon receipt of Notice of Award from the City of La Quinta, the Contractor will execute the contract documents. Work shall be completed within one (1) year (twelve [121 months), beginning with the day following the starting date specified in the Notice to Proceed. Said notice will be issued when required by the Contractor, or, when, in the opinion of the Public Works Director/City Engineer sufficient materials are, or will be, available for the continuous prosecution of the work. P ac West Land Care, Iris. 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CCC W Co W 0 LL m O C W c O C O c O C O C O C O m v C c c c c c c cE 0 w w m w m o cEo 0 0 0 Q r O N c0 m c0 It c0 LO c0 W 0c0 n 00 c0 0) c0 O n r n N N c7 n N U O p 4+ C c > O 0 E 0) O > 'n x x °' •� � C O Lo -C cc O N o C E - N O O O r •� a- O X O N O Q N O «s N >. N Q LT cr N ca r ch 4) t o *' J O U �O O Q C/) ;= O O v O .. o N C p ir o a> v> U> r O ++ U o L 0 Q Q m LL LL LC 0) .� Q (n !n (n Q U Y Z (� N O � O t O 3 a= c Q U) 4 C p U MO o1 C NN M O O y NC c o G N .N L O C C O +0., a N x 7 C C co O 'C • y y 'C U o o ` c 0 O a > x U 4) O` 4- C uj 0 N � -D C n3 U a� mc j y O - Cc L2Lm cS3 O O E+� m C *C C F- cA �: Q aoi o 7E O O N r 013 1.0 TYPICAL UNIT WORK COSTS A. PLANT MATERIAL (1NSTALLEDI 20. Annual color (4" container) $ 1.38 each 21. Ground Cover $ 14.00 flat 22. One (1) Gallon Shrub $ s-00 each 23. Five (5) Gallon Shrub $ 14 50 each 24. Fifteen (15) Gallon Shrub $ 50-M each 25. Fifteen (15) Gallon Tree/Staked $ 65.00 each 26. 24" Box Tree/Staked $ 175.00 each 27. Seeded Turf $ _04 SF 28. Sodded Turf $ AS SF 29. Stolonized Turf $ _29 SF CONTRACT LABOR SUMMARY Pursuant with Specifications Section 1110 No. 24, the following labor summary must be completed showing the number of full time positions provided by the Contractor to perform the perpetual landscape maintenance services on a Meekly basis. Additionally, City staff will evaluate bids to insure that a satisfactory number of positions have been provided for by the Contractor to insure a high level of landscape maintenance throughout the City. Please designate the number of full time employees that have been included in your bid for this Contract. Please show number of personnel provided on a weekly basis for each category below: Summer/Winter A. Supervisor/Quality Control Manager 1 / 1 B. Equipment Operator(s) 3 / 2 C. Pesticide Applicator(s) 1 / 1 014 1200-7 D. Irrigation Specialist E. Irrigation Technician(s) F. Foreperson(s) 2 / 2 G. Grounds Person(s) 1 / 1 (for athletic field maintenance) H. Tree Trimmer(s) As RBgAred / As PagAred (includes selective shrub pruning) I. Landscape Laborers 5 / 3 For period April through October (summer) Total Full Time Positions Bid C; / For Period November through March (winter) Total Full Time Positions Bid / 12 060 1200-s on ATTACHMENT 2 SECTION 1300 THIS AGREEMENT, made and entered into this 2000, by and between the CITY OF LA QUINTA, Corporation, hereinafter designated as "CITY" and hereinafter referred to as "CONTRACTOR." day of , CALIFORNIA, a Municipal WHEREAS, on , 2000, CITY invited bids for landscape maintenance services for CITY maintained properties per specifications; and WHEREAS, pursuant to said invitation, CONTRACTOR submitted a bid which was accepted by CITY for said services. NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: 0 TERMS OF AGREEMENT: This Agreement. shall be from the Agreement is made and entered, as. first written above, until , or such later date as may be agreed between parties date this B. CITY'S OBLIGATIONS: For furnishing services, as specified in this Agreement, CITY will pay and CONTRACTOR shall receive in full compensation, therefore, the total sum of Dollars ($ ), as required in the bid documents and adopted by the CITY. C. CONTRACTOR'S OBLIGATIONS: For, and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by CITY, CONTRACTOR agrees with CITY to furnish the services and to do everything required by this Agreement and the said specifications. D. HOLD HARMLESS AND INDEMNIFICATION: CONTRACTOR agrees to defend, indemnify, and hold harmless CITY, and its officials, officers, employees, representatives, and agents, from and against all claims, lawsuits, liabilities or damages of whatsoever nature arising out of or in connection with, or relating in any manner to, any act or omission of CONTRACTOR, his agents, employees, and subcontractors and employees thereof in connection with the performance or nonperformance of this Agreement. The CONTRACTOR shall thoroughly investigate any and all claims and indemnify the CITY and do whatever officers, employees, agents, and representatives as to any such claims, lawsuits, liabilities or damages. 1300-10 6 .1. are E. AMENDMENTS: Any amendment, modifications, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval of the City Council of the CITY. F. TERMINATION: If, during the term of this Agreement, CITY determines that CONTRACTOR is not faithfully abiding by any term or conditions contained herein, CITY may notify CONTRACTOR in writing of such defect or failure to perform; which notice must give CONTRACTOR a ten-day notice of time thereafter in which to perform said work or cure the deficiency. If CONTRACTOR has not performed the work or cured the deficiency within the ten (10) days specified in the notice, such shall constitute a break of this Agreement and CITY may terminate this Agreement immediately by written notice to CONTRACTOR to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under this Agreement except, however, any and all obligations of CONTRACTOR'S surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In said event, CONTRACTOR shall be entitled to the reasonable value of its services performed from the beginning of. the period in which the breach occurs up to the day it received CITY'S Notice of Termination, minus any offset from such payment representing the CITY'S damages from such breach. CITY reserves the right to delay any such payment until completion of confirmed abandonment of the project, as may be determined at the CITY'S sole2 discretion, so as to permit a full and complete accounting of costs. In no event, however, shall CONTRACTOR be entitled to receive in excess of the compensation quoted in its bid. G. INCORPORATION BY REFERENCE: The Notice Inviting Bids, the General Bid Terms and Conditions, the Special Bid Terms and Conditions, Bid Submission Form(s), and the Bid Specifications, are hereby incorporated in and made a part of this Agreement. H. COMPLETE AGREEMENT: This written Agreement, including all writings specifically incorporated hereby in reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be or any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. I. ANTI -DISCRIMINATION: In the performance of the terms of this Agreement, CONTRACTOR agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, or religion of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. 1300-2 1. ` U J. AUDIT: CITY shall have the option of inspection and/or auditing all records and other written materials used by CONTRACTOR in preparing its statements to CITY as a condition precedent to any payment to CONTRACTOR. K. NOTICE: All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: CITY: Office of the City Clerk City of La Quinta P.O. Box 1504 La Quinta; California 92253 CONTRACTOR: L. LITIGATION COSTS: In the event an action is filed by either party to enforce any rights or obligations under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs, in addition to any other relief granted by the court. M. AUTHORITY TO EXECUTE AGREEMENT: Both CITY and CONTRACTOR do covenant that each individual executing this Agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. 063 1300-3 018 IN WITNESS WHEREOF, the parties hereto have executed this Agreement at La Quinta, California, the day and year first above written. CITY OF LA QUINTA, CALIFORNIA A Municipal Corporation JOHN J. PENA, MAYOR ATTEST: June S. Greek, City Clerk City of La Quinta, California APPROVED AS TO FORM: Dawn Honeywell, City Attorney CONTRACTOR: APPROVED AS TO CONTENT: Chris A. Vogt, R.C.E. C044250 Public Works Director/City Engineer 1300-4 019 ATTACHMENT 3 DIVISION 3 SECTION 3000 ligoi•� :90jayffelfl1l The work shall include furnishing all labor and equipment necessary to maintain median island, parkways, parks, retention basins, and civic facilities. Duties include, but are not limited to, trash collection, cleaning, maintaining lawns, maintaining ground cover, shrubs, and trees, maintaining and repairing sprinkler systems, providing weed and pest control, and removing animal feces. •111114 10level•:. The Contractor shall provide the City with a weekly schedule in accordance with Division 2 Section 2000 No. 19.5. 3.1 General A. The removal of all trash such as paper, cans, bottles, broken glass, animal feces, and any out -of -place or discarded items, including the replacement of trash can liners on a daily basis. B. The removal of dried plant material such as hanging or fallen tree limbs, leaves, branches, dried up plants, and wood pieces. C. All material which is picked up during cleaning shall be disposed of by the Contractor by placing such material in a refuse container where available or to the sanitary landfill. All green waste must be disposed of in accordance with Division 2 Section 2000 No. 19.7. All cleaning shall be performed daily. The City will designate priority areas due to high use or programmed events. 3.3 Fertilizing_of Turf 3000-1 0 0 A. Use 16-20-0 fertilizer during over -seeding process after first mowing and subsequently thereafter use 1 lb. N / 1,000 sq. ft / month. B. Winter fertilization period shall begin November 1 st and continue until the end of March. A 16-20-20 commercial fertilizer shall be required. C. Summer fertilization period shall begin May 15th and continue until the end of September. A 16-6-8 or 16-4-4 commercial fertilizer shall be required. D. For additional or special applications requested by the City of nutrients (i.e., application of additional nitrogen or gypsum), the Contractor will be paid extra for the special applications. The City will use the quoted extra labor charges and unit cost submitted with the proposal for reimbursement. E. The Contractor shall supply to the City - A list of dates and approximate times each park is scheduled for fertilizer application before the Contractor begins fertilization. A. Planters, pea gravel areas, sidewalk expansion joints, underneath shrubs, and flower boxes shall be kept free of grass and weeds. B. Weeds in lawn areas shall be controlled in such a manner, and at such intervals that their height does not exceed the height of the grass. Weed species such as clover, bind weed, and other low growing varieties shall be controlled so the density of the weed shall not exceed 10% of the area covered by turf or ground cover. C. When requested by the City, the Contractor shall spray weeds with herbicide for weed control at no additional cost to the City if control is not maintained as specified. Preventive weed control is the responsibility of the Contractor. Any pre -emergent herbicide used will be considered a management tool and the cost will not be paid as extra by the City. D. Monthly, the Contractor shall complete and furnish copies of a herbicide spray log to the City. E. The Contractor shall submit a letter naming the herbicide proposed for use, where and how it is to be applied, and a copy of the product label to the City before use begins. 3000-2 0 G B 02.1 F. The Contractor shall be responsible for the results of application of all herbicides and chemicals. Plants killed or severely damaged by the use of herbicides shall be replaced at no cost to the City, with the nearest size nursery stock available to the size of the dead or severely damaged plant. The soil in the area of the affected plant(s) and planting pit shall be treated with activated charcoal and other soil amendments that may be required to enhance the potential survival and growth of the existing or replacement plants. The treatment and materials must be approved by the City and shall be furnished at no cost to the City. 3.5 Mowina During the growing season of Bermuda grass (approximately April through October), all lawn areas shall be mowed not less than once a week. Areas over seeded with winter grass shall be mowed not less than once every two (2) weeks. A. Mowing shall include cutting all grass to a minimum height of one (1) inch and a maximum height of one -and -one-half (1 %2) inches. Uneven cuts, scalping, and varying heights of lawn areas will be considered unsatisfactory to City standards. B. Mechanical edging along all walkways and curbing. C. Trimming around and underneath all fixed structures (tables, benches, posts, trees, play equipment, etc.).. D. Grass clippings shall be collected and removed to a refuse container if they do not disburse evenly over turf area or the City designates the grass clippings as unsightly. A. Trees 1. Trees shall be pruned within the following criteria. 2. Designated broadleaf trees (as needed). 3. Designated conifers (as needed). 4. Trees shall be pruned as required to remove broken or diseased branches, or for safety. It shall be the Contractor's prime 3000-3 responsibility related to pruning to conduct a pruning program which will ultimately develop proper tree scaffolding, strength, and appearance consistent with the intended use. Before any work commences, the Contractor will prune one typical tree of each different species scheduled for pruning as an example. All major pruning operations shall be scheduled and approved by the City representative before work begins. 5. All trees which are located within the landscape maintenance area (excluding Palm trees) shall be included. 6. Tree stakes, ties, and guys shall be checked and corrected as needed. Ties will be adjusted to prevent girdling. Remove unneeded stakes, ties, and guys as per City's request. Replace broken stakes as required. 7. Topping trees will not be allowed without approval of the City representative. Pruning shall be done by those experienced and skilled in pruning techniques. All cuts shall be done using proper horticultural practices. Dressing wounds will not be allowed. 8. Prune trees along sidewalks to allow seven (7) foot clearance for pedestrians and fourteen (14) feet above curb and gutters for vehicular traffic. 9. Perform minor tree surgery as required. 10. Ailing or stunted trees which fail to meet expected growth expectations shall be brought to the attention of the City representative. 11. Under no circumstances will stripping of lower branches (raising up) of young trees be permitted. Lower branches shall be retained in a "tipped back" or pinched condition with as much foliage as possible to promote caliper retained growth (tapered trunk). If there are doubts or questions, contact the City representative. Tree suckers will be removed as -needed. Lower branches can be cut flush with trunk only after tree is able to stand erect without staking or other support. 12. All holes from removed trees shall be filled and refilled until it maintains grade level. 3000-4 13. The Contractor will be responsible for staking and tying trees, and removing staking and tying. 14. All debris from pruning, trimming, and tree maintenance shall be removed by the Contractor during the same working day accumulated. 15. During the fall season, the Contractor shall provide weekly pick-up of fallen leaves after the initial request to begin is given by the City. 16. If trees are not pruned by the specified date, the Contractor shall be issued a Performance Deficiency Notice, unless the Contractor submits an acceptable written request to the City stating the reason why they cannot complete the pruning by the stated date and what date the pruning service will be completed. 17. A log of tree removal and replacement will be kept by the Contractor stating where and when the trees were removed and replanted, species, site, and approximate location. 18. Any dead limb or branch, detached or not, are a safety hazard and will be removed as needed. 19. Any plants broken, damaged, and/or uprooted as a direct result of storm damage, wind damage, accident or vandalism shall be trimmed, replanted or replaced, and debris removed within twenty- four (24) hours of notification. Any debris blocking roadways or parking areas shall be removed within one (1) hour of notification to Contractor. The Contractor shall call the City to confirm the damage, prepare a material request and estimate of plant material replacement based on contract unit prices. After receiving City authorization the Contractor will submit an invoice with the monthly statement for additional labor and applicable materials. . The City will use the quoted extra labor charges submitted with the proposal for reimbursement. 20. The Contractor will be held liable for any damages done to trees due to poor management procedures (i.e., improper staking, damage done by not removing tie wires, improper pruning, etc.). . 21. If the planted ground cover, shrub, or tree dies as a direct result of neglect, inadequate care, or inadequate maintenance, the 3000-5 069 024 replacement item and required labor shall be provided by the Contractor at no cost to the City. This includes material newly planted and material which has been planted. Replacement must be of comparable size. 1. All shrubs and hedges shall be trimmed in such a manner that they present a pleasing and natural appearance and do not obstruct the vision from building windows or the vision of vehicle drivers. 2. All shrubs, hedges, and ground vegetation shall be maintained so the vegetation does not overgrow its designated growth perimeter. 3. Whenever ground cover, shrubs, or trees die, the Contractor shall call the City to confirm the vegetation is dead, request authorization for replanting, replant it and submit an invoice with the monthly statement for additional labor and applicable materials. The City reserves the right to furnish the required plant, shrub, or tree. The City will use the quoted extra labor charges and unit prices submitted with the proposal for reimbursement. 4. Remove any spent blossoms or dead flower stalks as required to present a neat and clean appearance. 5. Shrub and ground cover mounding shall not exceed 2 feet in height within areas required for vehicular sight distance depending upon roadway topography. (City representative to be informed by Contractor if plant material is placed in areas where this will continually be a problem.) MEMO I- 1. Vines and espalier plants shall be checked and retied as required. Secure vines with appropriate ties to promote directional growth on supports. 2. Do not use nails to secure vines on masonry walls. 3. Deep water vines in pockets not provided with sprinklers as required to promote optimum growth. 3000-0 7 0 0 ?. 5 4. Pruning of vines will be in accordance with good horticultural practices. 1. Trim ground cover adjacent to walks, walls, and/or fences as required for general containment to present. a neat, clean appearance. 2. Cultivate and/or spray approved herbicide to remove broad -leafed and grass weeds as required. Weeds shall be controlled and not allowed to reach an objectionable height. City representative shall be responsible for determining objective height. Remove weeds by chemical or mechanical means as approved by City representative. 3. Prevent soil compaction by cultivating regularly all ground cover areas. 4. Any paper or litter that accumulates in ground cover areas shall be picked up on a weekly basis (minimal). 5. Keep ground cover trimmed back from all controller units, valve boxes, quick couplers, or other appurtenances or fixtures. Do not allow ground covers to grow up trees, into shrubs, or on structures or walls. Keep trimmed back approximately 4 inches from structure or walls. Coordinate trimming around base of shrubs/trees with City representative. 6. Bare soil areas shall be cultivated a minimum of once per month. 7, M WeIRMITIM17=; 1. The Contractor shall provide complete and continuous control and/or eradication of all plant pests or diseases. The Contractor shall obtain any necessary permits to comply with City, County, State, or Federal regulations or laws. 2. Contractor will assume responsibility and liability for the use of all 3000-7 O 1 t 0iw chemical controls. Pests and diseases to include, but not limited to, all insects, aphids, mites, other invertebrates, pathogens, and nematodes. Controls to include necessary use of integrated pest control systems involving the use of life history information and extensive monitoring. Control through prevention, cultural practices, pesticide applications, exclusion, natural enemies, biological control, and host resistance. 3. All material used shall be in strict accordance and applied within the most current EPA regulations and the California Food and Agricultural Code. 4. City shall be notified prior to the application of pesticides and other chemicals. Pesticide applications shall be recorded 'on the Maintenance Schedule and coordinated with City representative. Material use reports for all pesticides shall be filed with the City no later than the 10th of every month for the preceding month. FTATOTOT 5 r. T t •V1 • �- a. Timing: Pesticides shall be applied at times which limit the possibility of contamination from climatic or other factors and at the proper life cycle of the pests. Early morning application shall be used when possible to avoid contamination from draft. Applicator shall monitor forecast weather conditions to avoid making application prior to inclement weather to eliminate potential runoff of treated areas. Irrigation water applied after treatment shall be reduced to eliminate runoff. When water is required to increase pesticide efficiency, it shall be applied only in quantities of which each area is capable of receiving without excessive runoff. b. Handling of Pesticides: Care shall be taken in transferring and mixing pesticides to prevent contaminating areas outside the target area. Application methods shall be used which ensure that materials are confined to the target area. Spray tanks containing leftover materials shall not be drained on the site to prevent any contamination. Disposal of pesticides and tank rinsing materials shall be within the.. guidelines established in the State of California Food and 3000-8 0/2 01007 Agricultural Code or EPA regulations. C. Equipment and Methods: Spray equipment shall be in good operating conditions, quality, and design to efficiently apply materials to the target area. Drift will be minimized by avoiding high pressure applications and using water-soluble drift agents. d. Selection of Materials: Pesticides shall be selected from those materials which characteristically have the lowest residual persistence. Use of emulsifiable concentrates shall be used when possible to limit windblown particles. The use of adjuvants will be to increase pesticide efficiency thereby reducing the total amount of technical material required to gain control. e. Substitution: Wherever a specific type of material is specified, no substitutions shall be allowed without the written consent of the City representative. f. Certification of Materials: All materials shall be delivered on the site in original unopened containers. Materials shall be subject to inspection by the City representative. 6. All areas of the landscape shall be inspected for infestations of harmful pests such as ants, insects, mites, snails, and sow bugs. Plants shall be observed closely for leaves that may be blotched, blighted, deformed, mildewed, rusted, scorched, discolored, defoliated, or wilted. 7. Identify the cause of injury and consult a Pest Control Advisor before application of chemical treatments. a. The State of California Agricultural Code requires that toxic pest control chemicals may be used only after a written recommendation by a State of California licensed Pest Control Advisor is obtained. A recommendation consists of all the applicator should know for an accurate and safe usage. The recommendation must be time and site specific. b. Application of all pesticides shall be only by a properly State Licensed Pest Control Operator or a Certified Applicator of Pesticides. 3000-9 0 7 3 028 C. There shall be no application of a pesticide without written permission of the City. d. In case a Restricted Use Pesticide is recommended, the City must have a use permit issued only by the County of Riverside Agricultural Commissioner. 8. Start preventative cultural methods before a pest is visible. At certain times of the year, and with certain environmental conditions, the presence of certain pests can be anticipated. Look at new growth for the presence of aphids, leaf hoppers, scale, mealy bugs, and mites. Use a 10-power magnifying glass to see mites. Look for ants on soil, along walks, and trunks of shrubs and trees. a. When ants are present, there will be sucking insects. Control of ants will aid in the control of plant feeding insects. Do not use toxic pesticides to control pests when. predatory or parasitic insects are present. 9. Dusty foliage and warm temperatures are indicators of mites. So long as the foliage are washed, mite populations are low. Keep mite populations low to prevent plant injury. a. Conifers are especially susceptible and often killed by mites. 10. Bark beetles feed in the cambium of scaffold branches and trunks. Older and weaker trees are the first to be infested. Any cause of stress is cause to inspect trees. Look for ants on the ground or in crotches of branches. Also, there may be branches dying. a. Control adult beetles before they lay eggs on bark in the spring. All trees near one infested the previous year should be sprayed in March and again in May. Ongoing inspections are necessary to determine if there is a summer brood. 11. Snails shall be controlled before becoming epidemic. They can be anticipated as a menace from spring until the advent of high temperatures, wherever moist soil prevails. a. Control with weekly applications of toxic bait until the youngest brood is gone. The City will not tolerate epidemics of snails. 074 3000-10 029 12. Pruning is an effective prevention of an epidemic of insects and diseases. Pruning away infected parts and disposing of them off - site separates the pest or pathogen from the host. Examples are Pine tree tip moth, Juniper twig girdler, Verticillium wilt, fireblight, and some other blights of foliage. a. Thinning of tree foliage, to provide light and aeration for ground cover, is a type of disease prevention. b. Use care when pruning not to spread disease by keeping all cutting edges sterile by dipping in an alcohol or bleach solution after each cut. 13. Weeds must be removed upon appearance. Selective post emergence herbicides shall be used to kill weeds without permanent injury to other plants. Do not proceed with a treatment except as recommended by a Pest Control Advisor in writing. a. All creeping grasses, as well as broadleaf weeds, shall be kept out of shrubs and ground covers. b. Broadleaf weeds in turf shall be removed selectively, without injury to the lawn grass other than slight, temporary discoloration. C. Grass weeds in lawns shall be controlled with selective post -emergence herbicides. See Seasonal Work for pre - emergence herbicide controls of weedy grass seeds; i.e., crabgrass and dallisgrass. 14. Weeds not killed with herbicides shall be removed manually. However, manual weed control shall not be substituted for herbicide applications. 15. Turf and other plants killed by weeds, chemicals, etc., shall be replaced at the Contractor's expense. All replacements must be made within 10 days after receiving notice from the City. 16. The Contractor shall establish a continuing program to control insects and rodents. 17. With the program, the following information shall be included: 3000-b 7 5 030 a. The pest to be controlled b. Method of control C. The product labels d. A schedule as to frequency of control 18. Monthly, the Contractor shall complete a pesticide spray log for any pesticides used. (Failure to submit this log to City representative will result in a Performance Deficiency Reduction.) 19. When using pesticides, the instructions on the label shall be followed explicitly and special care shall be exercised in application. The Contractor shall be responsible for continual inspection of surface drains (i.e., bench drains, flow structures, storm drain outlets), located within the landscaped areas. Surface drains shall be checked and maintained free of obstruction and debris at all times to assure proper drainage. Remove any debris or vegetation that might accumulate to prevent proper flow of water. A. Scheduling: Fertilization will be applied in accordance with FERTILIZER SCHEDULE A, or as otherwise directed by the City representative. All applications shall be recorded and specifically identified on the weekly schedule, indicating the fertilizer used and frequency applied and the landscape material applied to (i.e., turf, trees, shrubs, ground cover, etc.). B. General: Fertilizers shall be inorganic, dry, pelletized formulation. Application shall be in accordance with manufacturer specifications. C. Method of Application: In making application of fertilizer granules, precautions shall be taken to contain these materials in the planting areas. Caution should be used when using a cyclone spreader which tends to throw material onto paved areas. The use of constant flow P.T.O. driven spreaders will keep materials contained in planting areas, eliminating sidewalk stains. The Contractor will be responsible for removing all fertilizer stains from concrete caused by his application. Fertilizer shall be applied at manufacturer's recommended rate. D. Timing of Application: When climatic factors cause problems of the' general use of fertilizers, an adjustment of the fertilizer schedule may be 3000-12 031 necessary. After fertilizer application, monitor watering schedule to eliminate runoff or leaching of fertilizer materials. E. Trees and Shrubs: Fertilizers, pre -approved by a City representative, shall be applied to trees and shrubs that require supplemental feeding. Annual spring feeding shall be done in accordance with the rate indicated by the manufacturer. Fertilization may require deep root feeding or foliar applications to correct iron chlorosis and other micro -nutrient deficiencies. • 1 . • • I . I OVIUMMI . 111111 As part of this agreement, the Contractor may be requested to replace damaged or destroyed trees, shrubs, vines, ground cover, or flowers. Such work will be paid for as extra work, based on contract unit prices, by the City unless otherwise specified within these specifications. Exceptions will be replacements due to Contractor's neglect. This will be determined by the City representative. 3.11 Clean -Up A. At no time will it be allowed to blow grass cuttings/debris into public streets or gutters without being . swept or vacuumed clean. Debris generated from adjacent maintained landscape areas shall be the responsibility of the Contractor to remove, (i.e., sidewalks, streets, gutters). B. Contractor shall remove all debris resulting from the maintenance operations and dispose of it off -site at the time of occurrence. All grass clippings shall be picked up after each mowing or trimming operation. C. All debris resulting from any of the Contractor's operations shall be removed and disposed of legally at the Contractor's expense. No debris will be allowed to remain at the end of the work day. All municipal Green Waste generated from Contractor's operations shall be diverted from County landfill to an approved reclamation site and processed for recycling. (See Landfill Diversion Form Section 8000) D. All walkways will be kept clean/clear of debris and plant growth. Care shall be taken not to create unnecessary hazards to foot traffic. E. All shrub areas not inter -planted with ground cover will be raked clean a minimum of once a month. 3000-13 077 032 M F. The Contractor shall provide a general clean up operation on a daily basis for the purpose of picking up papers, trash, or debris which may accumulate in the landscape areas, caused by winds or normal conditions. G. Animal feces shall be removed from all recreational facilities (i.e., parks, bike paths, etc ... ) On a daily basis. A. General The controlling factor in the performance of water management within the City landscape maintenance area is the application of water to landscape plants at a rate which closely matches the actual demands of plant material with little or no runoff. Roadway safety and maintenance is the first and foremost reason why water must be strictly controlled within the City. Other important water management considerations include: safe and dry turf areas for community use, water costs, and plant health. See Reports and Schedules, and Forms, Sections 4000 and 8000. Irrigation shall be accomplished in accordance with City -provided schedules. The following irrigation times shall be applied to various types of public facilities. 1. Parks/Retention Basins (Sunday -Thursday) 10:00 p.m. - 6:00 a.m. 2. Medians/Parkways 1 1:00 p.m. - 5:00 a.m. 3. Civic Facilities (Sunday -Thursday) 10:00 p.m. - 6:00 a.m. Failure to adjust irrigation controllers to comply with designated watering windows and City -provided schedules will result in a Performance Deficiency Reduction. D. Operation/Repair 3000-14 078 033 1. The entire irrigation system to include all components from connection at meters shall be maintained in an operational state at all times. This coverage shall include but not be limited to the. following: Maxicom 2, all controllers and remote control valves; gate valves, low meters, pressure regulators and back flow devices. Contractor responsibility for mainlines shall consist of continual monitoring and any necessary repairs not to exceed one mainline failure per controller each month. Contractor is required to notify City representative of mainline failures within twelve (12) hours of occurrence. 2. All irrigation systems equipped with Maxicom2, shall be tested and inspected daily. Reports generated by Maxicom2 shall be submitted to the City's representative in person or via facsimile each day. Systems not currently equipped with Maxicom2 shall be inspected a minimum of once per week and a written report (see Section 4000) submitted weekly in accordance with the schedule submitted at the start of the contract showing the location, day of week, and time of day that each system will be tested. Any changes shall be submitted for approval prior to enactment. 3. All systems shall be adjusted in order to: a. Provide adequate coverage of all landscape areas b. Prevent excessive runoff and/or erosion C. Prevent watering' roadways, facilities such as tennis, basketball or handball courts, walkways, trails, fences, and private property d. Match precipitation rates e. Limit hazardous conditions 4. All system malfunctions, damage, and obstructions shall be recorded and timely corrective action taken. 5. In addition to weekly testing, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed, or reported; daily if necessary. a. Repair malfunctioning controllers, quick couplers, manual or 3000-15 079 034 automatic valves and sprinkler heads within twelve (12) hours of receipt of written notice. b. Correct deficient irrigation systems and equipment as necessary following written notification from the City representative. The Contractor shall turn off irrigation system immediately as directed during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of good horticulturally acceptable maintenance practices. C. Once the City representative acknowledges the necessity to turn on the water once again, all controllers shall be activated within twelve (12) hours. 6. The entire irrigation system to include all components from connection at meters shall be maintained in an operational state at all times. This coverage applies to all controllers and remote control valves, gate valves and back flow devices, flow meters, main and lateral lines, sprinkler heads, moisture sensing devices, and all related equipment. 7. Contractor shall provide personnel fully trained in all phases of landscaping and irrigation systems operation, maintenance, adjustment, and repair; in all types of components to include Maxicom2, irrigation control clocks, valves, and sprinkler heads; and with all brands and models of irrigation equipment. 8. Adjustment, damage, and repairs shall be divided into the following categories and actions: a. All sprinkler heads shall be adjusted to maintain proper coverage. Adjustment shall include, but not be limited to, actual adjustments to heads, cleaning and flushing heads and lines, and removal of obstructions. Costs for adjustment shall be included in costs for operation and maintenance of the irrigation system. b. All damage resulting from the Contractor's operations shall be repaired or replaced prior to the end of the work day at the Contractor's expense. 3000-16 080 035 C. Damage and repairs shall be divided as follows: • Minor repairs shall include, but not be limited to, all irrigation components from, and including, the valve to lateral line and heads/emitters, replacement of adjusting pins, friction collars, washers, trip assemblies, tubing, and other small parts. The cost for minor repairs shall be included in the costs for operations and maintenance of the irrigation system. • Major repairs shall include all items before the automatic control valve including but not limited to back flow, pressure regulators, and mainline control wire (except as previously noted). The cost for major repairs, except as noted, will be considered extra services based on the contract labor and unit cost. d. Repairs to the irrigation system shall be completed within 12 hours after approval of the Irrigation Materials Request Form by the City representative on major component damage such as broken irrigation mainlines. e. All replacements shall be with original type and model materials unless a substitute is approved by the City representative. f. Contractor shall maintain an adequate stock of medium and high usage items for repair of the irrigation system. g. Contractor shall implement repairs in accordance with all effective warrants and no separate payment will be made for repairs on equipment covered by warranty. h. Contractor shall pay for all excessive utility usage due to failure to repair malfunctions on a timely basis for unauthorized increases in the frequency of irrigation. Costs will be determined from comparisons of usage with historical usage for the same time period. Costs to be deducted from payments will be presented to the Contractor by the City. 3000-17 a: a3F► I. The City will do spot inspections to check the accuracy of the Contractor's maintenance reports. If discrepancies are found, the Contractor will have twenty-four (24) consecutive hours to correct problems. While the Contractor is correcting problems in unsatisfactory areas, the specified level of service will be maintained in all other aspects of this contract. The City reserves the right to provide repair parts for major irrigation repairs. The Contractor shall pick up sprinkler repair parts from the City of La Quinta Park Maintenance Service Yard at the established hours: during the winter - 7:00 a.m. to 8:30 a.m.; during the summer - 6:00 a.m. to 7:00 a.m. The Contractor shall fill out an Irrigation Materials and Request Form each work week. The form must be completed and signed by the Contractor or field supervisor before parts will be issued. Repair parts not readily available at the Park Maintenance Service Yard can be purchased by the Contractor with prior written approval from the City. Only the cost of approved purchases shall be in addition to the monthly contract cost. k. The Contractor shall return all sprinkler parts, control valves, and valve parts that have been replaced due to damage or malfunction to the City's Maintenance Service Yard every week on Friday morning. Control clocks will be returned to the City the day removed for repair or replacement. I. Under the direction of the City, the Contractor will repair sprinklers, control valves, and control clocks. M. The Contractor shall adjust sprinkler heads and valve boxes to the level of the ground surface. n. Control valves, sprinklers, and direct burial control wires shall be located and repaired by the Contractor. o. The Contractor shall be responsible for properly removing control clocks . needing repair, marking station wires, delivering clocks to the Park Maintenance Service Yard for repairs, and reinstalling the control clock with station wires. in the original order as found. If repairs encountered will 3000-18 08? 03 take more than two working days to correct, a temporary controller, supplied by the City, will be installed by the Contractor until the permanent controller can be repaired. P. When sprinkler systems are out of service due to the Contractor's neglect, the Contractor shall be required to water by hand or other means in accordance with plant and vegetation needs. This shall not be an extra labor charge. q. When rain occurs or is in the forecast with some certainty, all sprinkler system controllers shall be turned off by the Contractor's personnel. The Contractor will notify the City before the turn-off process starts and when the turn-off process is completed. The City will notify the Contractor when the sprinkler system controllers are to be turned back on. (For notification after work hours or on weekends call the City Maintenance Manager pager #(760) 836-5583. r. The Contractor shall be held responsible for damage done to sprinkler heads, landscape lighting and valves due to careless operation of vehicles and lawn mowers. S. Personnel 1) The Contractor shall provide personnel fully trained in all phases of Maxicom2 landscape irrigation system operation, maintenance, adjustments, and repair; in all types of components to include irrigation controllers, valves, moisture sensing devices, and sprinkler heads; and with all brands and models of irrigation equipment used within the City. 2) The Contractor shall provide personnel knowledgeable of, and proficient in, current water management concepts, with the capability of working with City staff in implementing more advanced water management strategies. 3) The Contractor shall provide personnel capable of verbal and written communication in a professional level of English. t. Materials 3000-19 1) All replacement materials are to be with original types and model materials, unless a substitute is approved by the City representative. 2) Contractor shall maintain an adequate inventory of medium to high usage stock items for repair of the irrigation systems. 3) Contractor shall implement repairs in accordance with all effective warranties, and no separate payment shall be made for repairs on equipment covered by warranty. 4) The actual cost of all material passed on to the City shall be wholesale cost of the material. a) The wholesale cost shall be the actual cost paid by the Contractor reflecting the best price, including discount available. b) At no time shall the cost of materials exceed the retail cost from the current price list, minus the discount rates quoted in the bid. c) The total cost of materials shall include the following: Wholesale cost (retail costs minus Contractor's discount. As stated above. Applicable sales tax. A markup of 15 % maximum for all overhead costs and profits. 5) All materials are to be new and identical to existing materials, unless directed otherwise by the City Inspector. U. Invoicing 1) Since all labor costs are to be included in the contract amount, emergency call -outs after working hours will 3000-20 084 039 be considered extra work compensation. This type of work shall be defined as "extra work." 2) Irrigation Repair Invoices shall be organized according to controller number and submitted on a weekly basis to reflect work carried out via the irrigation management sheet. V. Water Management 1) All systems shall be programmed weekly and/or as needed to maintain healthy plant material and landscape. 2) All program changes shall be recorded on the Irrigation Management Form. See section 8000 Forms. 3) Water meter reading for each system may be submitted on a monthly report the first working day of each month. • •► ;•I We]• : Contractor shall be responsible for controlling weeds by mechanical or chemical means, weeds growing in cracks, or expansion joints, and areas contiguous to the City landscape. • • M1 1 1 • • i i m ► •1> [W4 All new plant material and irrigation installations shall be guaranteed for a period of one calendar year except due to "Acts of God," i.e., damage or death of plant material due to wind or storm, or vandalism, theft, or other wilful acts over which the maintenance contractor has no control. Existing plans shall be replaced by Contractor, it is determined by City representative, if they died due to Contractor's negligence. 7.0 TURFGRASS A. General 1 . Watering: A regular, deep watering program shall be accomplished to give the best results. The established turf should not be 3000-21 085 040 allowed to dry beyond 50% of the soil water holding capacity between watering. At a minimum, omit irrigation the night prior to occurrence of turf mowing. 2. Aeration: Mechanically aerate all turf areas as often as required, (no less than six (61 times annually), to reduce compaction/stress conditions, which will offer greater water penetration and reduce runoff. In those areas when soil condition is poor, topdress may be required by the City representative. Use a plug aeration with 3/4" tines. Any areas that show excessive compaction shall receive additional treatment as required to alleviate this condition. Removal of sod plugs may be required. The scheduling of aeration will be recorded on the Maintenance Schedule. 3. Mowing: Mow and edge parks/retention basins, parkways, median islands, etc., weekly during the period of March 2"d to November 1' and once every other week during the period November 1" to March 1". Cut cool season turf grass 2'/2" during warm seasons and reduce to 2" during winter or cooler seasons. In warm seasons, common Bermuda shall be mowed to not exceed 2", hybrid Bermuda 1-1/2" to 1-3/4". Avoid removing more than one-third of the left area blade at any one time. Turf in this contract shall be mowed with power propelled mowers equipped to mow and collect clippings in one operation. Rotary mowers shall be used to mow Tall fescue or other cool -season turf areas. Reel mowers will be required to mow any Bermuda grass areas. City representative may in some instances allow mowing without the attached collection device to recycle organic material into the soils providing the machine is equipped with approved safety features. The mowers shall be maintained and sharpened to provide a smooth even cut without tearing of the leaf blade. The reel or blade adjustment shall provide a uniform, level cut without ridges or depressions. Care shall be exercised during the mowing operation to prevent damage to trees and other obstacles located within the turf areas such as electrical boxes or fixtures. Do not mow areas that are wet or frost is present. Alternate mowing patterns whenever possible to prevent wheel ruts. If ruts are made, Contractor will 3000-22 086 make repairs at their expense. 4. Trimming and Edging: Trim around graphic walls, buildings, curbs, header boards, valve boxes, quick couplers, and paved areas on a weekly basis to present a neat, clean appearance. Chemically edge around trees within an 8" radius from the trunk using care not to damage tree trunk or roots. 5. Renovation: Renovate all turf areas once per year at a time when there will be the least amount of stress to turf, preferably spring or fall. Renovations will be in accordance with the following methods: Step 1 Aerify entire area with an aerifier with 3/4" x 3" depth tines. Step 2 Verticut entire area using a dethataching machine set to soil line contact. Verticut twice in parallel directions, or as directed. Pick up debris at completion of this operation. Turf vacuum/power rakes shall be utilized whenever possible. Step 3 Mow with rotary or reel mower as directed, at regular cutting height. ;- M I• MT11-� I M. a. . Turf areas that thin out due to shading effect of trees, structures, and foot traffic will be reseeded with an approved grass seed to restore thinning areas. Coordinate with City representative. - • - T. 001 1 . Upon the completion of dethatching Bermuda grass areas in the fall, winter over -seeding will be required. The Bermuda grass will be lowered in two stages by mowing with sharp mowers. This process will be done until grass height is less than %Z". After the Bermuda grass is lowered, the entire area will be vacuumed. Sow rye grass at the rate of 15 lbs. per 1000 square feet or as approved by the City Inspector. 2. Fertilize Bermuda grass areas to be over seeded. Broadcast 16-20- 0 fertilizer at the rate of 6 lbs. per 1000 square feet or approved 3000-23 087 r) equal. Apply fertilizers by constant flow P.T.O. driven rotary spreaders when applicable or walk behind cyclone spreaders in smaller areas. 3. Seed immediately after dethatching operations with a verticuter. The area will be aerated. These two processes will be followed by motor -driven vacuum to remove all grass clippings and thatch. Perform reseeding operations when soil'is dry and when winds do not exceed 5 miles per hour velocity. Apply seed with a rotary or drop type spreader. Install seed evenly by sowing equal quantities in two directions, at right angles to each other. 4. Cultivate base and aerate compacted area thoroughly. Where substantial but thin turf remains rake, aerate if compacted, and cultivate soil. 5. Remove diseased or unsatisfactory turf areas. Remove and do not bury into soil. Remove top soil containing foreign materials, i.e., gas/oil drippings, stones, gravel, debris, etc. 6. Top -dressing, when applicable, shall be applied with materials and method approved by City representative. 7. Maintain seeded turf areas until successful seed germination and complete establishment of turf. Seeded areas will be maintained until inspection and acceptance by the City representative. 8. After preparation and seeding have been completed, the area will be watered. Watering will be on five (5) to ten (10) minute cycles, four (4) to six (6) times each day. 9. When the rye grass approaches a height of 2" to 2'/2 ", the first mowing will be done. The grass clippings will be checked for root pulling on the first pass or two. If this happens, the Contractor will readjust their mowers and check the blades for sharpness. 1 1 . After first mowing, and subsequently thereafter, use 1 lb. N/1000 s.f./month. 3000-24 083. 043 Contractor shall maintain a weed -free turf at all times by chemical and/or mechanical means. Pre -emergent herbicide applications shall be required to control crabgrass in all turf areas. The Contractor shall be especially careful if applying chemicals to control weeds because of possible damage to the lawn. Before such applications are made, the turf should be well established and in vigorous condition. All chemicals applied will be recorded and coordinated with the City representative. Care shall be exercised with regard to the use of motorized line trimmers (i.e., weed eaters) to prevent damage to building surfaces, walls, header board, light fixtures, signage, etc. N_Q weed eaters shall be used around trees or wooden park signs not equipped with arbor guards. An 8" bare soil buffer zone shall be maintained around the circumference at the base of all trees. (Trees damaged by Contractor's operations will be replaced at Contractor's expense.) RMINFEW 14 1 WX ►i 19T, I ► i il 4 ► FTI ► 1910 .. - 1. General (applies to all parks, retention basins, parkways, median island, and civic facilities within the landscape maintenance areas): a. All animal feces or other materials detrimental to human health shall be removed from the areas flaky. b. All broken glass and sharp objects shall be removed da4. C. All areas shall be inspected da4 and maintained in a neat, clean, and safe condition at all times. d. All tot lot areas shall be raked to remove leaves and debris �i.Ly.. a. These areas shall include tot lots, play areas, volleyball courts, etc. b. All areas shall be maintained weed free. 3000-25 089 044 C. By the 10th of each month, all sand areas shall be rototilled to the maximum depth that will allow complete loosening of the sand but will not cause lower base materials to be mixed in with the sand. After rotor -tilling, all areas shall be raked level. d. Fill material shall be replenished as necessary to maintain optimum level in each area, generally six (6) inches below the top of the concrete curbing but dependent upon play equipment footing and final level shall be determined by the City representative for each area. Replacement sand shall be at least equivalent to #25 sieve Silica sand (standard designation of rock product suppliers to denote a type and cleanliness of sand) or the same as existing sand or material. City representative will make final determination. e. Monday through Friday of each week, all sand areas shall be raked level and kept free of any foreign debris. Sidewalks adjacent to tot lots shall be.swept daily. f. In the event of inclement weather if at anytime the sand court areas become flooded and there is standing water, it will be the Contractor's responsibility to remove water immediately. a. These areas shall include concrete sidewalks, tennis courts, handball courts, basketball courts, bicycle trails, A.C. walkways, etc. b. All areas shall be swept weekly to remove all deposits of silt and/or sand and glass. C. All areas shall be inspected daily and maintained in a neat, clean, and safe condition at all times. d. Cracks and crevices shall be kept free of weeds at all times 1. All drinking fountains shall be kept clean and operational at al-1 times. 3000-26 090 045 a. Minor repairs to include but not limited to unclogging drains, replacing damaged or broken parts shall be included in the contract price. b. All repairs shall be completed within twenty-four (24) hours after damage occurs. C. Every instance of damage shall be reported to the City representative. d. Should damage be repetitive, the City representative will evaluate replacement with a more damage resistant model through extra work or separate action. 2. All sidewalks within the City areas shall be swept or cleaned daily, if necessary, to remove any glass or heavy debris. In addition, all sidewalk areas shall be thoroughly cleaned once every week by sweeping. 3. All sidewalk areas abutting maintained areas shall be cleaned when dirtied by Contractor's operations and at other times as required. 4. All leaves, paper, and debris shall be removed from landscaped areas and disposed of off -site. 5. Trash cans provided by City shall be emptied daily and washed after emptying (when necessary) to be determined by the City Inspector. Contractor shall provide plastic liners for all trash cans at Contractor's expense. 6. All concrete bench drains and other surface drains to include the portion under the sidewalk shall be kept free of vegetation, debris, and algae to allow unrestricted water flow. 7. All other drainage facilities shall be cleaned of all vegetation and debris. All grates shall be tested for security and refastened as necessary. Missing or damaged grates shall be reported to City representative. 8. All barbecue grills shall be emptied of all ashes once during regular work weeks and on every Sunday morning. A&MVITI - flll� 3000-27 091 046 Contractor shall be responsible for the recycling of all green waste generated from maintenance operations within the City. Green wastes shall be diverted from County Landfill to an approved reclamation site and processed for recycling. Contractor shall submit a Landfill Diversion Report (see Section 8000 Forms and Reports), on a weekly basis to the City. Reports shall be filled out in full on a weekly basis. 0 4'7 TW�t 4 4 Q" COUNCIL/RDA MEETING DATE: July 5, 2000 Approval of Ongoing Rental Use of the Senior Center by New Life Community Church AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the ongoing rental use of the Senior Center by New Life Community Church for a third one-year period. 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, 2001 is $5,720. None. 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, and on July 6, 1999, the City Council approved the second ongoing rental use through July, 2000. The New Life Community Church has been renting the facility on a monthly basis for two years. The Church continues to be very satisfied with the arrangement and would like to commit to continue the rental arrangement through July of 2001. C:\sr.agenda.wpd O �� 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 third 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, �b Tom Hartung, Buildin6 & Safety Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Senior Center Facility Use Policy P.4 002 CAsr.agenda. wpd ATTACHMENT 1 LA UINTA SENIOR CENTER V* V***40 FACILITY USE POLICY & APPLICATION Adopted by City Council on October 1, 1996 No sMOKlNc CITY OF LA O.UINTA Date Rmeived SENIOR CENTER InitialFACILITY USE APPLICATION 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: 22 _ TIME FACILITY DOORS LOCKED: No. of Chairs: Stage: ❑ YES ❑ NO EQUIPMENT AVAILABLE FOR RENT: ❑ Public Address System ❑ Audio/Visual Equipment ❑ Ice ❑ Coffeemaker ❑ Piano Please check items: Entertainment ❑ YES ❑ NO Alcohol Under 20% ❑ YES ❑ NO (Beer, Wine, Champagne) Decorations ❑ YES ❑ NO 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 Services: 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 applicei.ion is true and correct. I certify that I am authorized by my organization to enter into its agreement on their behalf. Fhe 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: Daytime Phone: Evening Phone: Print Name: �:5 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. 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: 15 - 60" round tables, 20 card tables, 80 folding chairs, and 120 arm chairs. 097 1 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 will 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. 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 case 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. 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. 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. 2 098 G�;'7 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. 11. 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 ! ddress 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: 999 3 G 8 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 allpwed in the Senior Center. %T11tZ�9m*1061�L�I� 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. 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 or damaged table------------------------------- $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. Sao 4 U 9 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 101 k,10 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 78495 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, any 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 all claims or liability for any injury or damage occurring in, on, or about the areas of u-e when that inju- f 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". 102 r1i 7. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind 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. 103 (;1? Tit�t 4 stP Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 5, 2000 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Adoption of a Resolution Establishing the Number of Times the General Plan Can Be Amended in a PUBLIC HEARING: Calendar Year RECOMMENDATION: Adopt a Resolution of the City Council establishing the number of times in a calendar the General Plan can be amended. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Prior to the City of La Quinta becoming a Charter City in 1997, the number of times the City could amend its General Plan was four as governed by Government Code Section 65358. As the City is now a Charter City, it can now set its own rules and regulations regarding the frequency with which its General Plan may be amended. As the City is experiencing a high level of development, it has been determined that greater flexibility is needed in the processing of these projects. The attached Resolution would allow this flexibility. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council establishing the number of times in a calendar the General Plan can be amended; or 2. Do not adopt a Resolution of the City Council establishing the number of times in a calendar the General Plan can be amended; or 104 C:\My Documents\WPDOCS\ccjhGP12.wpd 3. Provide staff with alternative direction. Respectfully submitted, -.-- 1NO. - Jerry Herman CorlImunity Development Director Approved for submission by: Thomas P. Genovese, City Manager 105 002 C:\My Documents\WPDOCS\ccjhGP12.wpd RESOLUTION 2000- A RESOLUTION OF THE CITY OF LA QUINTA ESTABLISHING THE NUMBER OF TIMES THAT THE GENERAL PLAN MAY BE AMENDED PER YEAR. WHEREAS, Government Code Section 65358 provides that with certain limited exceptions, the mandatory elements of the City's General Plan may be amended no more frequently than four times per year; and WHEREAS, the City, as a Charter City, may set its own rules and regulations regarding the frequency with which its General Plan may be amended; and WHEREAS, due to the high level of development being processed, the City has determined that greater flexibility is needed in the processing of development projects and that the limitation imposed by Government Code Section 65358 are too restrictive as applied to the City; WHEREAS, it has become increasingly difficult to combine the processing of multiple applications for General Plan Amendments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California as follows: 1. That the above recitations are true and correct and constitute the findings of the Council for this project. 2. It is hereby established that no mandatory element of the General Plan of the City of La Quinta shall be amended more frequently than twelve times during any calendar year. PASSES, APPROVED, AND ADOPTED at a regular meeting of the La Quinta City Council held on this 5tn day of July, 2000, by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: JOHN J. PEI A, Mayor 106 City of La Quinta, California 003 CAMy Documents\WPD0CS\ResoccGP12.doc Resolution 2000- General Plan Amendments July 5, 2000 ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta,' California 107 004 C:\My Documents\WPDOCS\ResoccGP12.doc Tit(t 4 *P Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 5, 2000 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Authorization for Overnight Travel for the Community Development Director to Attend the 2000 CALAFCO PUBLIC HEARING: Annual Conference to be Held in San Diego, California, August 30, 31 and September 1, 2000 RECOMMENDATION: Approve the authorization for overnight travel for the Community Development Director to attend the 2000 CALAFCO (California Association of Local Agency Formation Commissions) Annual Conference to be Held in San Diego, California, August 30, 31 and September 1, 2000. FISCAL IMPLICATIONS: The approved Preliminary Fiscal Year 2000/2001 Budget allocates $7,600 for the Community Development Department staff to attend conferences. Attendance at this conference is estimated to be $971 based on the following costs: Registration $ 350 Hotel registration $ 300 Travel $ 96 Meals $ 225 TOTAL $ 971 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 conferences in years past. Information regarding the conference is contained in Attachment 1. COH.001 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the authorization for overnight travel for the Community Development Director to attend the 2000 CALAFCO Annual Conference to be Held in San Diego, California, August 30, 31 and September 1, 2000; or 2. Do not approve the request for the Community Development Director to attend the 2000 CALAFCO Annual Conference; or 3. Provide staff with alternative direction. Respectfully submitted, 'ry Herrman mmunity Development Director Approved for submission by: l Thomas P. Genovese, City Manager Attachment: 1. 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Q ,q p °p p o p o �d�?? r C d E• v] o U 0 d a w (� E� m • • • • V m o U A cd w 3 3 cd tIi 1 IP4 LU V W W LL O r N CL a) M M O p O) M O .., p 7 co Q a C44ca m q N C Cd C^> V cad - q o f cad O y p coA 0 o cc o A p+ d d .� C,0 cd � •° N v° w w.q jd 0 � S.1. x y y N° w a Q cdx,� O O W Eby >04 oA w'd�:fA m m — p ."cdcd a.oa cto tl cd ed k cd 69� CD CC O d d O A" aptl ci w K c to $4 L W Cdco co p cdo 64 Odfi p 4 E�- E4 N :a -C a cd 'd N ~y Cd cd d Gr y ;3 O .y x N C 4 a o pp O a ox ow.ti d �+ �p m j a � O 7 ,p d Cd d co >.0 �M d O "+ .0 ►+ d 770 o OO >, ba 0 v'm JUN-E1-2000 E3:j3 PM RIV LAFCO 9E93658479 P-E,, DRAFT PROGRAM 2000 Annual CALAFCO Conference Westin Hotel San Diego, California (August 30, 31, and September 1, 20M) Theme: FORCES OF CHANGE TOPICS • LAFCO 101- A pre -conference orientation designed for new and returning Commissioners, stall, and attorneys. This session will focus on the status and future of CALAFCO and LAFCO. Other topics covered during this session will be the history and purpose of LAFCOs and legal issues. + SOCIAL AND ECONOMIC CHANGES: California's population Is increasing at a breathtaking rate. This session will help staff and Commissioners to better understand the social and economic forces shaping the state and, in turn, LATCO. Speakers representing divergent perspectives will discuss the implications on urban planning,demography and elections. FUTURE GROWTH SOLUTIONS: Growth ]Management has evolved into "Smart Growth." This session will provide a provocative view of current and future trends of Smart Growth, Panelists include speakers from urban planning, building and development, and landowner interests. + GROWTH ACCOMMODATION: While a number of communities have sought ways to manage growth, some communities encourage or accommodate growth. This session will explore the conflict between growth management and growth accommodation. • POLITICS OF LAND USE AND ENVIRONMENTAL LEGISLATION: Land use and environmental protection legislation is designed to preserve our quality of life, protect our resources, and encourage orderly development. This session will provide a report card on the effectiveness of recent legislation / litigation and what to expect in the future. + IDEAL GOVERNMENT SIZE: As the population in California grows, so will the size of government agencies that provide services to the population. This session will explore whether the size of it government agency is related to service efficiency. • WAT1✓R RESOURCES: Water resources are the lifeblood of California and will continue to be in the future. This session will provide an overview of the water system in California and water issues that can be expected in the 21" Century. • AGRICULTURAL PRESERVATION: Agricultural land preservation is necessary In California for economic and land use reasons. This session will explore the need to preserve and protect agricultural land, while addressing varying methods and needs. • LEGISLATIVE I LEGAL Yii'17ATE: The 1999-2000 legislative session has been a busy period for CALAFCO. This session will feature a summary of current and future legislative efforts, and a synopsis of legal issues affecting LAFCOs. 132000AnaualConf 112 6 Rr,-A7-RA 14:42 RECEIVED FROM:9093698479 P.05 'JUN—�tl-20@�l 03r44 PM RIL' LAFCO 909S69g479 F_ 06 CLG21 releases report (Conlnuedfrom page 1) Sion of goverrimerital services. To help achieve these goals, the Commission Specifically recommends that. • Pre -zoning must be required for territory proposed to be atuoeced to a city; a LAFCOs must be required to update spheres of influence at least once every five years; • I. AFCO approval must be required for extension of ma- jor "barkhone" infrastructure to serve regionally significant development projects, regardless of whether the ptoject is within an incorporated or unincorporated area; * LAFCOs must initiate periodic regional or sub -regional service rC--1CWs--nQt less frequently than every five years ---to detcrtnint if local governmental services are adequate. • A more precise definition of `prbm a&x&mm1 kudr" must be adopted; 0 LAFC0s must be prol-Abited from approving a proposal that might lead to development of prime agricultural of open -space Iands if a feasible alternative exists; a Water supply considerations must be integrated into LAFCO boundary change decisions; • LAFCOs roust consider urban lirivt lines, densities, in -fill opportunities, and regional growth goals and policies. The Commission also makes several recommendations related to state -local fiscal relationships. They recommend, for example, that the allocation of sales tax on a point -of -sale ba- sis be revised to reduce its incentive effect and that property tax allocations to general-purpose local govenments must be increased. Moreover, the Commission recommends that prop- erty tax bills should be made more informative and under- standable and that the State must provide full funding for any activities mandated upon local governments. Finally, the Commission rnakes a series of rmommcnda- dons to improve local government coordination and efficiency and to improve public understanding and interest in local gov- emracnt The Commission recommends that LAFCOs be given the authority to approve or deny all interagency service contracts --including those involving school districts. To im- prove pobhc interest and understanding of LAFCO, the Corn - mission recommends that all LAFCOs be required to maintain web sites and that LAFCO's public notification requirements be expanded All LAFCO staff mernbers and commissioners are en- couraged to read the entire report; copies can be obtained by telephoning the Commission staff at 916-322-9906, or by sending a request in writing to 1400 Tenth Street, Room 206, Sacramento, CA 9$812-3044.1 CAL,A&Co conferanice 2000 in San Diego nis yetis program theme will be. "Forst of Cdun,se." Sessions will be devoted to the various social, economic, and political forces shaping the State and --in tum— I.AVCO. Individual sessions will deal with the evolution of growth management in Califor• nix; the politics of land use and cnvimn- mental legislation; the relationship between government size and $ovemmcnt efficiency; water issues in the 21m Century; and suc- cesses and failures of agricultural preserva- tion. Additional conference sessions will cover legislative and legal issues; commis. sioner/staff orientations; and the annual CALAFCo business meeting. 'There will also be a fcw surprises, such as entertain- mcnt provided by the San Diego Zoo. Program co -chain, ,I4tike Ott from San Dicgo LAFCO and George Spiliotis from Riverside LAFCO, will be in touch with the membership in coming weeks to recruit program committee volunteers. Fa- cilities chair, Shirley .Anderson from San Diego LAFCO, will be sending out details of hotel accommodations soon_ Shopping restaurants, the Pacific Ocean, and the U.S.- Mcxiean border are all within minutes of the conference site. Conference hotel rates of 179 single and $89 double will be extended to cover the three days before and three, days following the conference --so plan on spending Labor Day weekend on Southern CaLforrita beaches. I 06-01 —00 14 : 43 RECEIVED1 +3 RECEIVED FROM:9093698479 P.06 T4'!t 4 4 Q9m& COUNCIL/RDA MEETING DATE: July 5, 2000 ITEM TITLE: Approval of Contract Services Agreement with Kiner/Goodsell Advertising for Fiscal Year 2000-2001 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: T STUDY SESSION: PUBLIC HEARING: Approve a contract services agreement with Kiner/Goodsell Advertising and authorize the City Manager to execute the contract. FISCAL IMPLICATIONS: The City's Preliminary Budget contains funds for marketing in the amount of $251,500 with $217,300 reserved for advertising/marketing work coordinated by Kiner/Goodsell Advertising. The balance of the marketing funds ($34,200) are reserved for other marketing efforts. CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the general fund to encourage, support and promote economic development." The services provided for within the Kiner/Goodsell contract will encourage, support and promote economic development. BACKGROUND AND OVERVIEW: The City has retained the services of Kiner/Goodsell Advertising to assist the City in its marketing efforts to promote economic development since Fiscal Year 1998-99. The attached, proposed contract services agreement with Kiner/Goodsell Advertising (the "Contract") represents marketing services for Fiscal Year 2000-2001 (Attachment 1). Pursuant to the City's Municipal Code, "solicitation and selection of firms for services.... shall be on the basis of the most advantageous proposal after consideration of qualifications, demonstrated competence, cost, delivery time, and other factors." The Code further allows exemption by the City Council from competitive proposal solicitation "where experience with the proposed service provider has demonstrated competence and satisfactory performance..." 114 The driving, or guiding, document of this Contract is the City Marketing Plan (the "Plan") which was adopted by the City Council on June 20, 2000. This Contract implements the programs delineated in the Plan which is attached to, and made a part of, the Contract. Exhibit "A" (Scope of Services) further delineates Kiner/Goodsell Advertising responsibilities. FINDINGS AND ALTERNATIVES: The City Council has adopted a Marketing Plan to guide the City's marketing efforts for Fiscal Year 2000-2001. The approval of a contract services agreement will allow the City to implement the Plan. The alternatives available to the City Council include: 1. Approve a contract services agreement with Kiner/Goodsell Advertising and authorize the City Manager to execute the contract; or 2. Do not approve a contract services agreement with Kiner/Goodsell Advertising; or 3. Provide staff with alternative direction. Respectfully submitted i: Britt W. Wilson, Management Analyst City Manager's Office Aprov d for submi ion Thomas P. Genovese, City Manager Attachment: 1. Proposed Kiner/Goodsell Contract for Fiscal Year 2000-2001 C:\MyData\WPDoca\CITY COUNCIL\CCSTFFKINERGOODSELLCONTRACTFYOO-01 07-05-00—pd 115 ATTACHMENT 1 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 set forth in this Agreement as well as those set forth in Exhibit "A," which is attached hereto and incorporated herein by this reference as though set forth in full. These services are collectively referred to hereinafter as the "services" or the "work". The Contractor acknowledges that the Scope of Services includes the services set forth in the Marketing Plan submitted by Contractor which is attached as part of Exhibit "A". 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 Page 2 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 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 the Agreement, the Contractor shall perform services in addition to those specified in the Scope of Services in Section 1.1, above, only when directed to do so in a writing signed by the Contract Officer. The cost of any such additional services shall be agreed to in writing signed by the Contractor and the Contract Officer in advance of the provision of the services. In no event shall the total costs of such additional services exceed five percent (5%) of the Contract Sum unless the approved in advance 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, three hundred dollars ($217,300), (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 as well as the payments pursuant to Sections 2.3 through 2.6. 117 005 Page 3 Contractor acknowledges that the Contract Sum is the maximum amount the City shall be obligated to pay for the services within the Scope of Services, and that the actual required payments may be less than that amount. 2.2 Monthly Contractor Fee. The Monthly Contractor Fee paid to Contractor shall not exceed $3,000 per month to implement the City's marketing and public relations program, for a total of $36,000 through the Term of this Agreement. The Monthly Contractor Fee, covers a minimum of thirty-five (35) 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 opportunities, media relations, media placement, research, and production management. The Monthly Contractor Fee includes the writing and distribution of an average of two to three (2-3) local and regional 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 251h 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, included within Exhibit "A", submitted by Contractor outlines the specific components of the City's marketing and public relations program. The total amount paid to Contractor or to third parties for the implementation of the Marketing Plan items, including any and all payments pursuant to Section 2.3 through 2.6, inclusive, shall not exceed $181,300 for the Term of this Agreement. The Marketing Plan includes costs estimates, within 10%, for each of the items of the Marketing Plan, which estimates are inclusive of graphic design, production, photography, and all other related services necessary to implement the items. These estimates shall remain in effect through the Term of the Agreement. Prior to undertaking any of the Marketing Plan items, Contractor shall submit a written job authorization request which shall outline the total costs to the City for the implementation of the Marketing Plan item at issue and which shall also contain a schedule of performance. Contractor shall not proceed with carrying out the item unless and until the Contract Officer approves the written job authorization request in writing. If the Contract Officer does not approve the written job authorization request, Contractor shall not perform the item and shall not be entitled to any compensation relating to the item. The City shall not be responsible for any costs for the Marketing Plan items beyond those set forth in the approved written job Page 4 authorization request unless the additional costs are approved in writing in advance by the Contract Officer. 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 in writing by the Contract Officer in advance of work commencing. Such work will be authorized as described in the Section 4.8 of this Agreement. 2.7 Monthly Status Reports and Budget Updates. By the 25th 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 119 007 Page 5 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 and within the schedule of performance set forth in written job authorization request. Extensions to the time period specified in Section 3.4 may be approved in writing by the Contract Officer. 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 1, 2000 through June 30, 2001. 120 MW Page 6 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 persons" 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 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 business retention and 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. 121 009 Page 7 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 in writing 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. 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 122 010 Page 8 Contract Officer shall separately authorize Contractor to proceed on the tasks in the manner set forth in Section 2.3. 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 Contract Officer. 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 hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Less than $50,000 $ 50, 000 - $300,000 Over $300,000 Coverage (personal injury/ property damage) $100,000 per individual; $300,000 per occurrence $250,000 per individual; $500,000 per occurrence $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 123 O11 Page 9 "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 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. 124 012 Page 10 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 25th 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. 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, City Marketing Plan, and other written or graphic documents and exhibits; I Q t Page 11 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 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 120 014 Page 12 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. 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 -127015 Page 13 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. 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 Page 14 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 To Contractor: Kiner/Goodsell Advertising 73-101 Highway 1 1 1, Suite 4 Palm Desert, California 92260 Attention: Scott Kiner 129 017 Page 15 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. Dated: ATTEST: JUNE S. GREEK, City Clerk CITY OF LA QUINTA: By: THOMAS P. GENOVESE, City Manager "CITY" 130 APPROVED AS TO FORM: M. Katherine Jenson, City Attorney Dated: KINER/GOODSELL: By: Name: Title: Page 16 "CONTRACTOR" 131 019 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 thirty-five (35) 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 City Marketing Plan, including, but not limited to: • Television Advertising • Radio Advertising • Print Advertising • Travel/Tourism Rack Card • Update/Expand Infomercial & Spot TV • ICSC Program Ads and Fall Event • Film/Site Locator Marketing • Retail Trade Publication Advertising • National Economic Print Advertising • Palm Springs Life Advertorial • 2" Annual Commercial Realtors Breakfast • Development Process Brochure • Golf Cart Parade • Date Festival Parade • Civic Center Park Grand Opening • Seasonal Banners • Support Various Business Events (i.e. Mariachi Festival) • Bob Hope Classic Program Ad (design) • La Quinta 8 Theater Grand Opening • La Quinta 8 Theater Advertising • Miscellaneous Collateral Materials • Project management and implementation responsibilities include, but are not limited to, coordination with the media, businesses, restaurants, retailers, builders, financial institutions, developers, regional airport and the Chamber of Commerce; and distributing collateral materials produced for programs to City Hall, Chamber of Commerce, retail outlets, restaurants, regional airport, financial institutions, developers, etc. • Basic account services 132 020 • 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 two to three (2-3) 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. 06/30/2000 1:56:02 PM L:\MyFiles\Marketing\K-G Agreement 2000-2001.doc 133 ozi. CITY OF LA QUINTA MARKETING PLAN 2000-2001 APPROVED BY THE CITY COUNCIL JUNE 201 2000 134 0�? KI'NER / GO,��SELL A D V E ROf .X S I N G Revised Ad*eAlsing/PR/Eeonomie Development Margetfng for the City of La Quinta Fiseal Year July 1, 2000 - June 30, 2001 After receiving input from the Mayor and City Council at the City Council Meeting dated May 16, 2000, recommendations indicated that the City of La Quinta needs to look at taking a new marketing direction for the next fiscal year. The primary focus needs to be business retention and attraction, with less emphasis on community involvement programs. Because of the elimination of some labor-intensive and time-consuming community involvement programs, Kiner/Goodsell estimates that it will take less hours to service this account and recommends a reduced retainer, from last year's $3,400/40 hours per month to $3,000/35 hours per month in the next fiscal year. Kiner/Goodsell proposes the following strategies to attain these economic development objectives: Business Retention • Without infringing on the "gift of public funds" guidelines, the best strategy for supporting businesses would be a straightforward advertising campaign showcasing the businesses in La Quinta. To give equal exposure to everyone, we recommend creating 3-4 different 30-second spots -- each "panning" shots of the different businesses in La Quinta using a theme such as , "Have you seen La Quinta Lately?" (focusing on some of the new businesses, like the auto mall and movie theater). Another component of an advertising campaign in support of La Quinta businesses is a special section in the Desert Sun; a full 4-page broad sheet that's in 4-color process, listing all the businesses in their respective business categories (i.e. restaurants, services, etc.). We could encompass the section with a slogan like "Errands. Dining. Recreation. All your needs... with one spectacular view. Only in La Quinta: the Gem of the Desert." The section could also focus on new businesses and "coming attractions" in La Quinta. We could overprint the special section and have it available at the City and the Chamber of Commerce. We could also use a theme like "Celebrate La Quinta", and have a state official (perhaps Mary Bono) declare "Celebrate La Quinta" week. The initiative could include a kick-off event at City Hall, and businesses would be encouraged to offer discounts or special promotions as part of "Celebrate La Quinta" week. • La Quinta businesses have plenty to offer the travel/tourism market in Southern California. To reach this audience, we recommend producing a rack card that can be distributed on informational travel/tourism racks in hotels, restaurants, 135 visitor centers, and other locations throughout the Inland Empire. This take- 73-101 Hwy. 111, Suite 4 Palm Desert, California 92260 760-773.0290 fax 760-773-1750 0? home piece will give prospectives a glimpse of La Quinta, and encourage those people to spend their leisure time - and leisure dollars -- in the City of La Quinta. • Update outdated material in the City's economic development infomercial, adding more prominent footage of the businesses in La Quinta -- such as the Auto Mall, the La Quinta Resort, restaurants and various retail establishments. Explore new regional media placement vehicles, such as cable systems in different affluent communities in Southern California and expansion to the Pacific Northwest region. > Using the same strategy, update 10-second TV factoids and 30-second economic development TV spots. Business Attraction • The aforementioned travel/tourism rack card will also act as a business attraction/economic development tool. Remain active in the annual ICSC (International Council of Shopping Centers) Convention -- October 2000. Advertise in the Las Vegas convention's program guide. • Market La Quinta to the film community -- specifically site locators for film and commercial ventures. Work closely with the Inland Empire Film Commission, including advertising in their widely -distributed Production Guide -- which is distributed at 5-6 trade shows, 4 film festivals as well as mailed to film studios and all location managers. • Explore advertising/PR opportunities in trade publications of franchisers and other business that look for business expansion sites (such as Franchise Times, circ. 100,000, targeting retail and restaurant franchisees). In addition, continue to do some national economic development advertising (such as the Wall Street Journal). • Advertise in selected economic development "special sections", such as the annual economic development section in "Palm Springs Life." • Host the 2nd annual breakfast event at the La Quinta Hotel for commercial real estate agents and commercial loan institutions, updating them on economic development within the City. Speakers will include the City Manager as well as key members of the Community Development and Public Works Departments. The event will also feature a full breakfast buffet (by invitation only). - Page 2 - 136 0 ? �1 Community Involvement • Maintaining a presence in community activities, such as: > Golf Cart Parade > International Date Festival Parade • Plan grand opening festivities for the Civic Center Park, scheduled to open next spring. • Re -visit seasonal event signage/banners to give La Quinta a quaint, hometown community atmosphere. • Become more active in events hosted by local businesses, such as KSL's Breakfast of Champions during the Bob Hope Chrysler Classic and/or Mariachi Festival over Labor Day Weekend. • Coordinate promotional activities in conjunction with the new movie theater (late August or early September). In addition, purchase on -screen advertising at the theater (slide advertisements displayed prior to movie features). • Reserve a small portion of the budget for any miscellaneous collateral item needs that will arise throughout the year. - Page 3- 137 KINER 1 GOOAELL A D V E [is`R`.. S I N G Marketing Bud;et Breakdown City of La Quinta Fiseal Year 2000-2001 Business Retention Programs: Television Advertising (production & media) $14,100 Radio Advertising (production & media) $ 5,500 Print advertising $18,000 Travel/Tourism Rack Card $13,700 Update /Expand Infomercial & Spot TV (,prod & medial $58.000 TOTAL BUSINESS RETENTION $109,300 Business Attraetion Programs: ICSC Program Ads and Fall Event $ 4,300 Film/Site Locator Marketing $ 3,000 Retail Trade. Publication Advertising $ 6,500 National Economic Print Advertising (WSJ, etc.) $ 7,500 Palm Springs Life Advertorial $ 5,900 2nd Annual Commercial Realtors Breakfast $ 2,500 Development Process Brochure $ 2,500 TOTAL BUSINESS ATTRACTION $32,200 Connnunity Involvement Programs: Golf Cart Parade $ 2,800 Date Festival Parade $ 1,400 Civic Center Park Grand Opening $13,000 Seasonal Banners $ 6,000 Support Various Business Events (i.e. Mariachi Fest.) $ 2,000 Bob Hope Classic Program Ad (design) $ 300 La Quinta 8 Theater Grand Opening $ 4,500 La Quinta 8 Theater Advertising $ 4,800 Miscellaneous Collateral Materials 5,000 TOTAL COMMUNITY INVOLVEMENT $39,800 Ageney Retainer: Kiner/Goodsell Retainer at 35 hours/month $36,000 TOTAL RETAINER $36,000 TOTAL 11IARKETING BUDGET: $217,300 73-101 Hwy. 111, Suite 4 Palm Desert, California 92260 760-773-0290 fox 760-773.1750 138 TW�t °F 4Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE:July 5, 2000 CONSENT CALENDAR: 9F ITEM TITLE: Adoption of a Resolution Granting STUDY SESSION: Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract 29563, Aliso II, PUBLIC HEARING: Century Homes Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29563, Aliso II, Century Homes. None. None. Tract 29563 is located west of Dune Palms Road and north of Westward Ho Drive (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 26, 2000, 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 4, 2000), of a technically correct Final Map suitable for recording by the County Recorder with all required signatures except for the City Clerk. 139 T:\PWDEPT\COUNCIL\2000\000705f.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. 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 29563, Aliso II, Century 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 29563, Aliso II Century Homes; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for submission by• r-l-), /. . I � homas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 1,40 002 T:\PWDEPT\COUNCIL\2000\000705f.wpd RESOLUTION NO. 2000- RESOLUTION OF THE CITY COUNCIL OF LA QUINTA GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT 29563, 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 29563 is conditionally approved provided the subdivider submits all required items on or before August 4, 2000. 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. 141 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 4, 2000. 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 5th day of July, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PEIVA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: Dawn Honeywell City Attorney 142 A ATTACHMENT 1 F2 COUNTRY CLUB DR. HOVLEY LN. E. z 0 c� z a PROJECT 3 FRED SITE MILES PALM DESERT �\rarE 10 42ND AVE. L a 0 Of WARING AVE. Q (N J a z 0 N WESTWARD HO ll� w V) w DRIVE � z w Q o HWY VICINITY MAP NOT TO SCALE INDIO —a- 143 i!. 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Y' .1� %� �� Q o�z M 7.�w _ I•d �, g gI Nd g U 0 < of T•� 1 U r '" 0 EX u rc 0 w U _ 4 z<W •�j W ENV WWI zl m�h tj x° Q r d =t w° I ��11�_ y LL w < Oy IW Z FI ITI .N7• AuWITA111RE L6p1 Q 8� r M g < gl to 4 a � W = Y- g - • ,LgK00 x �1 r F7 - �� I• (Qdd l a IQ Z �/ .F'11 J •n'�Y v/ .m" Flx• 1331A 3LYANId o 9c� •Coj � 12 - 11(!i� lTul, w i aew g fe z[rll rAm 12 mis•0 x d m: / ��� r b 1 , � u C1 . •� CO d k g d S a AMU 1 r � � j.1•'M A .C%CIOD 4/L MS 3HJ d0 4/G 39 d0 IdOd ��B�6�E��0�0@EaEB@��896�€��9999E6�999 �06�9CE�GO�B�6�B�066�C�E��3aC��EE�O�� m CITY OF LA QUINTA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT Tract 29563 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 , by and between Aliso II, LLC, a California Limited Liability Company 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. 29563 (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 14 7 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29563.wpd Page 1 4310 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 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). 143 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29563.wpd Page 2 00pI I 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\29563.wpd 149 Page 3 012 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 nfSo 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\29563.wpd Page 4013 13 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. 151 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29563.wpd Page i7 4 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 Date ATTEST: City Clerk SUBDIVIDER: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Aliso II LLC, A California Limited Liability Co. By Century Crowell Communities, LP, A California Limited Partnership, Managing Member, By: Century Homes Communities a California Corporation, its General Partner (909)381-6007 By:�z -� Date Title: f/ �- By: Date Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date 15? T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29563.wpd Page 6015 Exhibit A SECURITY - TRACT 29563 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. The "Engineering &Plans" security will be released when the City has possession of complete, approved, original plans, signed and sealed by a design professional(s), for all required improvements. The "No -Plan Contingency', which may be utilized for any listed item or for other cost found necessary in the design or construction of the required improvements, may be released in whole or part by the City Engineer, at any time after construction plans are complete and the scope and nature of improvements are fully known. These releases shall be separate from and in addition to the reductions discussed below. 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 Streets & Storm Drainage 127,800 127,800 Grading 76,400 76,400 Domestic Water 96,550 96,550 Sanitary Sewer 60,150 60,150 Electrical 75,000 75,000 Perimeter and Basin Landscaping 102,060 102,060 Monumentation 10,000 0 Construction Subtotal: $547,960 $537,960 Engineering & Plans (20% of Construction) 109,592 No -Plans Contingency (25% of Project) 164,388 Total: $821,940 153 016 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of lotA.Ns -� On � D O , before me, , Date ,�N me and Titie of Officer g., "Jane Doe, Public") personally appeared - `� L41&� Name(s) of Signer(s) ❑ personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and # lly acknowledged to me that he/she/they executed Caillo g the same in his/her/their authorized Cants capacity(ies), and that by his/her/their W Eoftpc116signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WIT ESS my hand and official seal. Qi A , P , Place Notary Seal Above Signature of NotalvPutTric OPTIONAL �5 Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:] Document Date: �`'zr1, I t, t:�i, Number of Pages: 7 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Con rvator Other: 0.4 e^^�ca-- Signer Is Representing: � Vh _. QAmAMLC-V . -� 01997 National Notary Association " 9350 De Soto Ave., P.O. Box 2402 " Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800.876:8827 154 017 Tit!t 4 4Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 5, 2000 CONSENT CALENDAR: ITEM TITLE: Approval of an Award of a Professional STUDY SESSION: Service Contract to the Firm of Professional Services Inc. (PSI) to provide Material Testing Services for PUBLIC HEARING: Assessment District 2000-1, Phase VI A, B, C, and D Improvements, Project No. 98-19 Authorize the City Manager to execute a contract for a Professional Services Agreement with the firm of Professional Services Inc. (PSI) in an amount not to exceed $44,101, to provide material testing for Assessment District 2000-1, Phase VI A, B, C, and D Improvements, Project No. 98-19 Sufficient funding is available within the project budget to award a contract in the amount of $44,101. The current project budget for technical services is $668,824. None. These improvements are being partially funded by RDA funds and therefore must be bid specifying prevailing wage requirements. Therefore, there are no Charter City impacts. On April 12, 2000, sealed bids were opened for the construction of Phase VI Improvements. Granite Construction Company was the apparent low bidder, with a bid amount of $4,425,431 for Areas A and B, $1,41 1,674 for Area C, and $943,432 for Area D. On April 18, 2000, City Council approved the Request for Proposals processfor professional services to provide material testing and construction survey for CIP 98-19 A, 98-19 B, 98-19 C, and 98-19 D within Assessment District 2000-1 including the Village Prototypical street. The City Council also approved the Consultant Selection Committee and authorized staff to receive proposals and negotiate for the most qualified firm in each discipline to provide professional survey services and professional material testing services. 155 T:\PWDEPT\COUNCIL\2000\000705i.wpd On May 3, 2000, staff requested and received a Professional Services Registry Consultant list for Land Surveying firms and a list for Materials Testing/ Geotechnical Laboratory firms from the City Clerk's office. A short list of five (5) qualified firms were selected in accordance with Resolution No. 96-80, Section 6. On June 5, 2000, staff received proposals for materials testing services from four (4) firms. Following review and evaluation of the proposals, staff ranked the firms as follows: 1. Professional Services Industries (PSI), Palm Desert, CA 2. Hilltop Geotechnical, Inc., Highland, CA 3. Southland Geotechnical, Bermuda Dunes, CA 4. LOR Geotechnical Group, Inc., Riverside, CA Upon determination of the most qualified consultant, staff successfully negotiated the cost and terms of a contract for professional materials testing services in the amount of $44,101 with the firm of Professional Services Industries, (PSI), of Palm Desert, California (Attachment 1). During the June 20, 2000 City Council Meeting, City Council adopted a Resolution authorizing appropriations, establishing a loan from the City of La Quinta to the Redevelopment Agency, making certain findings, and awarding a contract for Phase VI A, B, C, and D Improvements, Project No. 98-19 within Assessment District 2000- 1. The alternatives available to the City Council include: 1. Authorize the City Manager to execute a contract for a Professional Services Agreement with the firm of Professional Services Inc. (PSI) in an amount not to exceed $44,101.00, to provide Material Testing for Assessment District 2000- 1, Phase VI A, B, C, and D Improvements, Project No. 98-19; or 2. Do not authorize the City Manager to execute a contract for a Professional Services Agreement with the firm of Professional Services Inc. (PSI) in an amount not to exceed $44,101 .00, to provide Material Testing for Assessment District 2000-1, Phase VI A, B, C, and D Improvements, Project No. 98-19; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vogt 156 Public Works Director/City Engineer T:\PWDEPT\COUNCIL\2000\000705j.wpd 002 Approved for submission by: Thomas P. Genovese City Manager Attachments: 1 Professional Service Agreement (Material Testing) 157 T:\PWDEPT\COUNCIL\2000\000705j.wpd 003 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 Professional Services, Inc. ("Consultant"). The parties hereto agree as follows: =► 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to Material Testing Services as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services". or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses Permits Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, 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:\PWDEPT\PROJECTS\98Pgcts\PhaseVIAasDst\Cnsitnts\PSAMaterial teat 000621.wpd �+ 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. 2.1 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 Forty Four Thousand ,One Hundred and One Dollars and Zero Cents . ($ 44,101.00 ) (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. MM01011410►i_► 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her 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\PROJECTS\98Pdcts\PhaseVlAasDst\Cnaltnts\PSAMaterial teat 000621.wpd 159 006 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. Paul R. Hoersting b. Eduardo Dizon , P.E. 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. 5.1 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 T:\PWDEVnPROJECTS\98Prjcts\PhaseVLAmDst\Cnsltnts\PSAMaterial test 000621.wpd 160 007 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 Less than $50,000 Personal Injury/Property Damage Coverage $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 He 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. T:\PWDEPTIPROJECTS\98Ptjcts\PhaseVIAssDst\Cnaltnts\PSAMaterial test ON621.wpd 008 b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 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 OwnershiI2 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. 7.1 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. Leg-1 s 2 T:\PWDEPINPROJECTS\98Ptjcts\PhastVlAssDst\Cnsitnts\PSAMeteriaI test 000621.wpd 009 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 suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7:6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of T:\PWDEP'nPROJEC7S\98Pdcts\PheseVIAssDst\Cnsltnts\PSAMaterial test 000621.wpd 163 V � o Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.1 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. • 1 u :► • •:• •► 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Chris A. Vogt 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 To Consultant: Professional Services , Inc. Attention: Paul R. Hoersting 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. 164 T:\PWDEFnPROJECTS\98P6cts\PhsseVlAuDst\Cnsltnts\PSAMeteriel test ON621.wo h 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 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: June Greek, City Clerk APPROVED AS TO FORM: Dawn C. Honeywell, City Attorney CONSULTANT Q •5 ' By: Name: S� INC� Title: �3'R, ar►c,VA ,It\ t'N a Date: tD Z T:\PWDEP'nPROJECTS\98Pgcts\PhueVlAssDst\Cnsltnts\PSAMaterial test 000621.wpd 165 012 Exhibit A Scope of Services 166 013 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 Forty Four Thousand, One Hundred and One Dollars ($ 44,101.00 ) except as specified in Section 1.6 - Additional Services of the Agreement. 167 014 Exhibit C Schedule of Performance Consultant shall complete all services within Two Hundred Calendar Days ( 200 ) days of the date specified in the notice to proceed. 168 015 Exhibit D Special Requirements 169 AMI T4ht 4 XP Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 5, 2000 0 CONSENT CALENDAR: ITEM TITLE: Approval of an Award of a Professional STUDY SESSION: Service Contract to the Firm of Tri-State Land Surveyors and Civil Engineers to provide Construction PUBLIC HEARING: Control Staking for Assessment District 2000-1, Phase VI A, B, C, and D Improvements, Project No. 98-19 Authorize the City Manager to execute a contract for a Professional Services Agreement with the firm of Tri-State Land Surveyors and Civil Engineers in an amount not to exceed $215,875, to provide construction control staking for Assessment District 2000-1, Phase VI A, B, C, and D Improvements, Project No. 98-19 Sufficient funding is available within the project budget to award a contract in the amount of $215,875. The current project budget for technical services is $668, 824. None. These improvements are being partially funded by RDA funds and therefore must be bid specifying prevailing wage requirements. Therefore, there are no Charter City impacts. On April 12, 2000, sealed bids were opened for the construction of the Phase VI Improvements. Granite Construction Company was the apparent low bidder with a bid amount of $4,425,431 for Area A and B, $1,41 1,674 for Area C, and $943,432 for Area D. On May 3, 2000, staff requested and received a Professional Services Registry list for Land Surveying firms and a list for Materials Testing/Geotechnical Laboratory firms from the City Clerk's office. A short list of five (5) qualified firms were selected in accordance with Resolution No. 96-80, Section 6. 170 T:\PWDEPT\COUNCIL\2000\000705i.wpd On June 5, 2000, staff received proposals for survey services from three (3) firms. Following review and evaluations of the proposals, staff ranked the firms as follows: 1 . Tri-State Land Surveyors and Civil Engineers, La Quinta, CA 2. Mainiero, Smith, and Associates, Palm Springs, CA 3. The Keith Companies, Palm Desert, CA Upon determination of the most qualified consultant, staff successfully negotiated the cost and terms of a contract for professional survey services in the amount of $215,875 with the firm of Tri-State Land Surveyors and Civil Engineers of La Quinta, California. During the June 20, 2000 City Council Meeting, City Council adopted a Resolution authorizing appropriations, establishing a loan from the City of La Quinta to the Redevelopment Agency, making certain findings, and awarding a contract for Phase VI A, B, C, and D Improvements, Project No. 98-19 within Assessment District 2000- 1. The alternatives available to the City Council include:- 1. Authorize the City Manager to execute a contract for a Professional Services Agreement with the firm of Tri-State Land Surveyors & Civil Engineers in an amount not to exceed $215,875.00, to provide Construction Control Staking for Assessment District 2000-1, Phase VI A, B, C, D Improvements, Project No. 98-19; or 2. Do not authorize the City Manager to execute a contract for a Professional Services Agreement with the firm of Tri-State Land Surveyors & Civil Engineers in an amount not to exceed $215,875.00, to provide Construction Control Staking for Assessment District 2000-1, Phase VI A, B, C, D Improvements, Project No. 98-19; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer 1�1 0062) T:\PWDEPT\COUNCIL\2000\000705i.wpd Approved for submission by: Thomas P. Genovese City Manager Attachments: 1 Professional Service Agreement (Construction Surveying) 172 003 T:\PWDEPT\COUNCIL\2000\000705i.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 - State Land Surveyors & Civil Engineers ("Consultant"). The parties hereto agree as follows: 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to Construction Surveying Services as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance. of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, 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. 173 T:\PWDEMPROJECTS\98Pric \PhmeVIAssDst\Cnsltnts\PSASurvey 000621.wpd 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. 2.1 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 Two Hundred and Fifteen Thousand , Eight Hundred and Seventy Five Dollars and Zero Cents ( $ 215,875.00 ) (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. s in M, Lai Wasaw _ 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in -the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her 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\PROJECTS\98Pgcts\PhaseVIAssDst\Cnsltnts\PSASurvey 000621.wpd • • • i inurnorejacavywouzi 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. Dale Grinager, Owner/Principle 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. 5.1 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 175 T:\PWDEPT\PROJECTS\98Pdcte\PhwseVlAs&Det\Cnsltnts\PSASurvey ON621.wpd 007 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 Less than $50,000 Personal Injury/Property Damage Coverage $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. 176 T:\PWDEP-nPROJECI'S\98P,jcts\PhaseVIAesDst\Cnsltnts\PSASurvey 000621.wpd 008 b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 6.1 ems. 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. 7.1 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 T:\PWDEPT\PROJECTS\98Pdcts\PhaseVIAssDst\Cnsltnts\PSASurvey 000621.wpd � � 0 o 9 1 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 suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, corrector 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 he 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 T:\PWDEPT\PROJECTS\98Pt cts\PhsseVlAssDst\Cnsltnts\PSASurvey 000621.wpd 178 G 1 O Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.1 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. FIF11111111111 u .in1*911RIZIGIN R3191► 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Chris A. Vogt 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 To Consultant: Tri-State Land Surveyors & Civil Engineers Attention: Dale Grinager 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. T:\PWDEPT\PROJECTS\98Pdcts\PhaseVIAsaDst\Cnsltnts\PSASurvey 000621.wpd 1 9 011� 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 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: June Greek, City Clerk APPROVED AS TO FORM: Dawn C. Honeywell, City Attorney CONSULTANT B Ni � Y� c \ me: Title: Date: .' • T:\PWDEPT\PROJECTS\98Pijcts\PheseVlAssDst\Cnsltnts\PSASurvey 000621.wpd 012 Exhibit A Scope of Services 181 013 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 Two Hundred and Fifteen Thousand, Eight Hundred and Seventy Five Dollars ($ 215,875.00 ) except as specified in Section 1.6 - Additional Services of the Agreement. 014 Exhibit C Schedule of Performance Consultant shall complete all services within Two Hundred Calendar Days ( 200 ) days of the date specified in the notice to proceed. 183 015 Exhibit D Special Requirements 184 016 T4ht 4 4& Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 5, 2000 CONSENT CALENDAR: ITEM TITLE: Approval of a Contract Renewal with STUDY SESSION: the Firm of Tri-Lake Consultants to Provide Capital Improvement Project Field Inspection Services PUBLIC HEARING: RECOMMENDATION: 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 $437,472 for Fiscal Year 2000/2001 capital improvement project and private development project field inspection services. In the preliminary Fiscal Year 2000/2001 Capital Improvement Program (CIP) budget, more than $205,000 is budgeted for inspection services. In the preliminary Fiscal Year 2000/2001 Traffic and Development budget, $93,000 is budgeted for inspection services. In addition, $1,300,000 is budgeted for inspection services in the Fiscal Year 1999/2000 CIP budget for projects that will not be completed until Fiscal Year 2000/2001. Therefore, sufficient funding is available, totaling $1,598,000, within the approved CIP budget and Traffic and Development 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. None. 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 1997/1998 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. 185 T:\PWDEPT\COUNCIL\2000\000705e.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. During the September 15,1998 City Council meeting, the City Council authorized a Professional Services Agreement Extension for Fiscal Year 1998/1999 with Tri-Lake Consultants, Inc. for CIP inspection services, in an amount not to exceed $193,000. 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. The renegotiation was completed and on July 6, 1999, the City Council authorized the City Manager to execute a contract renewal for professional services 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. The contract that was negotiated is an annual contract subject to renewal for up to three consecutive years. The purpose for the renewal clause is to maintain inspection continuity during projects without having to seek proposals every fiscal year for the same services. This renewal would be for the Fiscal Year 2000/2001 capital improvement projects and private development project field inspection services and is year two of the three year renewable contract. The Professional Services Agreement (Attachment 1) was negotiated on an hourly basis at an hourly rate not to exceed $49.00 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 $49.00 per hour. The need for the private development inspections will be dependant upon future private development in the City. Tri-Lake Consultants has met City staff's expectations with their contruction observations and inspection services. If the City Council does not desire renewal of the contract, a Request for Proposals for these services would be required and City staff would follow the City procedures in order. to select a qualified consulting firm. 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 $437,472 for Fiscal Year 2000/2001 capital improvement project 186 and private development project field inspection services; or T:\PWDEPT\COUNCIL\2000\000705e.wpd 002 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. in an amount not to exceed $437,472 for Fiscal Year 2000/2001 capital improvement project and private development project field inspection services; or 3. Provide staff with additional and/or alternative direction. Respectfully submitted, Ch s A. Vogf Public Works Director/City Engineer Approved for submission by: homas P. Genovese, City Manager Attachments: 1. Professional Services Agreement 187 T:\PWDEPT\COUNCIL\2000\000705e.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: • • •k 1.1 Scone 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 2000/2001 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:~EPTICONSULTA%2000k3lk$PSA20002001.wpd page 1 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 FOUR HUNDRED THRITY SEVEN THOUSAND FOUR HUNDRED SEVENTY TWO and no/100 Dollars ($437,472.00) (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 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgement such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the. parties to this Agreement. 3.4 Jum. 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 serVY3, except as otherwise provided in the Schedule of Performance. g T:\PWDEPT\CONSULTA\2000\31k$PSA20002001.wpd Page 2 Of 12 006 � • • : � ► _ lilsI�I�T�sT:� 4.1 Representative of Consultant. The fo owing principals of 'Consultant are hereby designated as being the principals and representative of Consultant authorized to act in its behalf with respect to the work specified herein and make II 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. 1 ► :G► ► ►I► G I I Jilri►I'm I�►� :•►� 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 foregoin and:J 0 T:\PWDEPT\CONSULTA\2000\31kePSA20002001.wpd Page 3 Of 12 007 07 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 Less than $50,000 Personal Injury/Property Damage Coverage $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:\PWDEPT\CONSULTA\2OOOk3lksPSA2000200l.wpd 191 Page 4 of 12 008 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. 6.1 Reps. 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. 7.1 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:\PWOEPT\CONSULTA\2000\31WPSA20002001.wpd page 1O� 009 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 parry's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or ' remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. TAPWDEPTWONSULTA\2000\31kePSA20002001.wpd IS9f 12 U i0 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. EJ • � • 106M; L►1 u' • 0, [elk, IRIMOMI a ►: •► 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. 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Chris A. Vogt 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 To Consultant: Tri Lake Consultants, Inc. Attention: Habib M. Motlagh, P.E., President 170 Wilkerson, Suite A P. 0. Box 606 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\CONSUITA\2000\31ksPSA20002001.wpd 194 Page 7 of 12 ^ i f 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 O.UINTA a California municipal corporation Thomas P. Genovese, City Manager Date ATTEST: June Greek, City Clerk APPROVED AS TO FORM: Dawn C. Honeywell, City Attorney CONSULTANT: TRI LAKE CONSULTANTS, INC. By:(signature) Name:(printed) Title: Date: 195 T:\PWDEPnCONSULTA\2000\31ksPSA20002001.wpd 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. 190 Page 9 of 12 �13 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 FOUR HUNDRED THIRTY SEVEN THOUSAND FOUR HUNDRED SEVENTY TWO and no/100 Dollars ($437,472.00) 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 $49.00 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. 197 Page 10 of 12. 014 Exhibit C Schedule of Performance Consultant shall complete all services within the FY 2000/2001, which shall end on July -1, 2001. Page I 0121 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, INC.)THIS AGREEMENT SHALL BE RENEWABLE FOR A PERIOD NOT TO EXCEED ONE-YEAR FROM THE CURRENT DATE OF EXPIRATION (per Exhibit 'C') OF THIS AGREEMENT. 199 Page 12 of 12 16 '&4 4 aCPQ" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 5, 2000 CONSENT CALENDAR: 2. ITEM TITLE: Approval of a Contract Renewal with the Firm of Nickerson & Associates to Provide STUDY SESSION: Administrative Support Services PUBLIC HEARING: RECOMMENDATION: Authorize the City Manager to renew a professional services contract for a period of one year, with the firm of Nickerson & Associates in an amount not -to -exceed $134,200, to provide administrative support services. FISCAL IMPLICATIONS: The following funding has been budgeted in the approved Preliminary Fiscal Year 2000/2001 Budget to support this contract: Account No. 101-451-603-000, Administration, Contract Services $ 25,000 Account No. 101-456-603-000, Capital Projects, Contract Services $332,363 Therefore, sufficient funding is available to support this professional services contract. CHARTER CITY IMPLICATIONS: None. pZiIF . I A, 9 aPl TMI !Kff On February 17, 1997, the City Council approved an agreement with Nickerson, Diercks, and Associates (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. 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. 000 TAPW DEPT\CO UNCIL\2000\000705d. wpd 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 NDA for Fiscal Year 1997/1998 with an option to renew the contract. 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 (now known as Nickerson & Associates) include, but are not limited to: • Prepare and submit necessary documents, 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 . • At the direction of staff, prepare annual 5-year Capital Improvement Program document for City Council comments and approval. 201 T:\PWDEPT\COUNCIL\2000\000705d.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 existing contract is renewable on an annual basis for a period not to exceed three years in total duration. The existing 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. On July 6, 1999, the City Council awarded 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. The contract is renewable for three (3) consecutive years after award. Fiscal Year 2000/2001 is year two of the three year contract. During 1999, Mr. Nickerson and Mr. Diercks dissolved their partnership. Mr. Nickerson continues to provide the same professional services requested by the City as "Nickerson & Associates". Alternatives available to the City Council include: 1. Authorize the City Manager to renew a professional services contract for a period of one year, with the firm of Nickerson & Associates in an amount not - to -exceed $134,200, to provide administrative support services; or 2. Do not authorize the City Manager to renew a professional services contract for a period of one year, with the firm of Nickerson & Associates in an amount not - to -exceed $134,200, to provide administrative support services; or 3. Provide staff with alternative direction. Respectfully sub fitted, Chris A. Vogt Public Works Director/City Engineer Approved for submission b Thomas P. Genovese City Manager Attachments: 1. Professional Services Agreement 202 003 T:\PWDEPT\COUNCIL\2000\000705d.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 & 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, PROJECT MANAGEMENT, CONTRACT MANAGEMENT, ADMINISTRATIVE and CLERICAL SUPPORT SERVICES FOR FY 2000/2001 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. 203 NDAPSAfy00-01.WPD I of 13 005 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. , 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed ONE HUNDRED THIRTY-FOUR THOUSAND TWO HUNDRED DOLLARS, ($134,200) (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 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 204 NDAPSAfy00-01.WPD 2of13 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. 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., OWNER 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 NDAPSAfy00-01.WPD 2®,1 3 of 13 007 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 CiV 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 InjuQ2roperty 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 $500,000 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. 20g NDAPSAfy00-01.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. 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. A'4 7 NDAPSAfy00-01.WPD 5 of 13 009 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 208 NDAPSAfy00-01.WPD 6 of 13 010 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 parry 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 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-DISCRI IINATION. 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 b+209 NDAPSAfy00-01.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 To Consultant: Nickerson & Associates 68-955 Adelina Road, Suite 200 Cathedral City, California 92234 (760) 323-5344 Fax 323-5699 Attention: John M. Freeland Attention: Nick Nickerson 9.2 Integrated ted 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 this2l a NDAPSAfy00-01.WPD 8 of 13 0 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 ATTEST: City Clerk APPROVED AS TO FORM: Date City Attorney CONSULTANT Nickerson & Associates 68-955 Adelina Road, Suite 200 Cathedral City, California 92234 (760) 323-5699 Fax (760) 323-5344 By: 4A I (� - � 9- Z' Name: L16vd Nickerson Jr. Title: Principal Date: 211 NDAPSAfy00-01.WPD 9of13 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: 1. 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 10. At the direction of staff, prepare the annual 5-year Capital Improvement Program document for review and approval by the City Council. 212 NDAPSAfy00-01.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 THIRTY-FOUR THOUSAND TWO HUNDRED DOLLARS, ($134,200) except as specified in Section 1.6 - Additional Services of the Agreement. Services will be billed on a bi-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 $115.00 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. ALLOWABLE BUDGET: CIP DIVISION ADMIN & CLERICAL SUPPORT $109,200 CIP PREPARATION $ 10,000 PUBLIC WORKS SPECIALTY PROJECTS $ 15,000 213 NDAPSAfy00-01.WPD 11 of 13 015 Exhibit C Schedule of Performance Consultant shall complete all services within TIME LINE ALLOWED BY THE TOTAL CONTRACT SUM. All services to be completed within the fiscal year 2000/2001 214 NDAPSAfy00-01.WPD 12 of 13 016 Exhibit D Special Requirements This contract shall be annually renewable, if both parties are in mutual agreement, for a period not -to -exceed one additional year, for a total of three years in duration, without the expressed written approval of the City of La Quinta City Council. 215 NDAPSAfy00-01.WPD 13 of 13 017 T4ht 4 4 Qumm AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 5, 2000 CONSENT CALENDAR: ITEM TITLE: Acceptance of Improvements STUDY SESSION: Associated with Tract 23995-4, Inco Homes PUBLIC HEARING: Accept improvements to Tract 23995-4 and authorize staff to release security upon receiving warranty security. None. None. The Inco Homes subdivision is located south of Miles Avenue and west of Adams Street (Attachment 1). All improvements are now complete and other obligations of the Subdivision Improvement Agreement have been satisfied. Included as Attachment 2 is a spreadsheet indicating security to be released after the City receives the warranty security. The alternatives available to the City Council include: 1 . Accept improvements to Tract 23995-4 and authorize staff to release security upon receiving warranty security; or 2. Provide staff with alternative direction. 216 T:\PWDEPT\COUNCIL\2000\000705g.wpd Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Security Outline 217 T:\PWDEPT\COUNCIL\2000\000705g.wpd 002 ATTACHMENT 1 )j 4- 218 004 ATTACHMENT 2 TRACT 23995-4 Performance Payment Warranty Improvement Security Security Security Streets and Drainage $157,574 $157,574 $15,757 Sewer $31,477 $31,477 $3,148 Electrical $42,065 $42,065 $4,207 Water $57,449 $57,449 $5,745 Monuments $5,500 $0 $0 $294,119 $288,619 $28,857 Release performance security when warranty security is received. Release payment security in 90 days (October 5,2000). Release warranty security in one year (July 5, 2001). 219 00►5 T:\PWDEPT\COUNCIL\2000\000705g.wpd Tit�t 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 5, 2000 CONSENT CALENDAR: /* ITEMTITLE: Acceptance of Improvements STUDY SESSION: Associated with Tract 23995-5, Inco Homes PUBLIC HEARING: Accept improvements to Tract 23995-5 and authorize staff to release security upon receiving warranty security. None. None. The Inco Homes subdivision is located south of Miles Avenue and west of Adams Street (Attachment 1). All improvements are now complete and other obligations of the Subdivision Improvement Agreement have been satisfied. Included as Attachment 2 is a spreadsheet indicating security to be released after the City receives the warranty security. The alternatives available to the City Council include: 1 . Accept improvements to Tract 23995-5 and authorize staff to release security upon receiving warranty security; or 2. Provide staff with alternative direction. 220 T:\PWDEPT\COUNCIL\2000\000705h.wpd Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Security Outline 221 T:\PWDEPT\COUNCIL\2000\000705h.wpd 002 ATTACHMENT 1 i r: MILES AVENUE �; - -J_ -.- YTS• II.r•Y YJ- •N/.� ..lN-» _�F-..._- �G � �-�._ ram_.-�i+�rw... __ -.. .__-• .- Zri+•� SUYYBRBROOK .COURT SEE - SHEET 3 PHASE- V 0 P W J 2 * i ATTACHMENT 2 TRACT 23995-5 Performance Payment Warranty Improvement Security Security Security Streets and Drainage $105,996 $105,996 $10,600 Sewer $28,738 $28,738 $2,874 Water - Onsite $44,448 $44,448 $4,445 Water - Offsite $142,833 $142,833 $14,283 Electrical $31,888 $31,888 $3,189 Monuments $5,000 $0 $0 $358,903 $353,903 $35,391 Release performance security when warranty security is received. Release payment security in 90 days (October 5,2000). Release warranty security in one year (July 5, 2001). 223 005 T:\PWDEPT\COUNCIL\2000\000705h.wpd COUNCIL/RDA MEETING DATE: July 5, 2000 Adoption of a Resolution Pursuant to Health & Safety Code 33334.16 to Extend for Five Years the Period During Which the La Quinta Redevelopment Agency May Retain Certain Property Located at (1) the Northeast Corner of Avenue 48 and Adams Street and (2) the Southeast Corner of Washington Avenue and Miles Avenue RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council extending the time period during which the La Quinta Redevelopment Agency (Agency) may retain certain real property pursuant to Health & Safety Code Section 33334.16. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Agency purchased the following real property located within the City of La Quinta with moneys from the Low and Moderate Income Housing Fund, more specifically, (1) the real property located at the southeast corner of Washington Street and Miles Avenue (Assessor's Parcel Nos. 604-040-012, 604-040-013, 604-040-022, and 604-040-023), purchased August 4, 1995, and (2) the real property located on the northeast corner of Avenue 48 and Adams Street (a portion of Assessor's Parcel No. 649-030-036), purchased on August 17, 1995. Despite its diligent efforts to develop these properties with housing affordable to persons and families of low and moderate income, the properties have not yet been developed. Pursuant to Health and Safety Code Section 33334.17, the Agency had five years to develop the properties, but that period may be extended for an 224 additional five years if the City Council affirms its intention to develop the properties with housing affordable to persons and families of low and moderate income. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council extending the time period during which the La Quinta Redevelopment Agency may retain certain real property pursuant to Health & Safety Code Section 33334.16; or 2. Do not approve the Resolution and direct staff to dispose of the subject property; or 3. Provide staff with alternative direction. Respectfully submitted, bthy J!son ity Attorney KJ: kf/g/d h/stfrptextnd 5yr Approved for submission by: Thomas P. Genovese, City Manager 225 002 RESOLUTION NO. RESOLUTION OF THE CITY OF LA QUINTA EXTENDING THE TIME PERIOD DURING WHICH THE LA QUINTA REDEVELOPMENT AGENCY MAY RETAIN CERTAIN REAL PROPERTY PURSUANT TO HEALTH & SAFETY CODE SECTION 33334.16. WHEREAS, the La Quinta Redevelopment Agency ("Agency") purchased certain real property located within the City of La Quinta with moneys from the Low and Moderate Income Housing Fund, more specifically, (1) the real property located at the southeast corner of Washington Street and Miles Avenue (Assessor's Parcel Nos. 604-040- 012, 604-040-013, 604-040-022, and 604-040-023), hereinafter referred to as the "Washington/Miles Property" and (2) the real property located on northeast corner of Avenue 48 and Adams Street (a portion of Assessor's Parcel No. 649-030-036), hereinafter referred to as the "Avenue 48/Adams Property"; and WHEREAS, the Agency acquired the Washington/Miles Property on August 4, 1995, and acquired the Avenue 48/Adams Property on August 17, 1995; and WHEREAS, despite its diligent efforts to develop the Washington/Miles Property and the Avenue 48/Adams Property with housing affordable to persons and families of low and moderate income, the properties have not yet been developed in this matter; and WHEREAS, the City Council of the City of La Quinta wishes to affirm its intention to develop the Washington/Miles Property and the Avenue 48/Adams Property with housing affordable to persons and families of low and moderate income, the properties have not yet been developed in this matter; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the City Council. 2. Pursuant to Health and Safety Code Section 33334.17, the period during which the Agency may retain the Washington/Miles Property and the Avenue 48/Adams Property is hereby extended for a 226 0o period of five (5) years from the date the Agency originally acquired the properties. 3. The City Council of the City of La Quinta hereby affirms its intention to develop the Washington/Miles Property and the Avenue 48/Adams Property with housing affordable to persons and families of low and moderate income. PASSED, APPROVED and ADOPTED this day of , 2000, by the following vote: AYES: NOES: ABSTAIN: ABSENT: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, Acting City Attorney KJ:kf/g/dh/ccresextend 5yr 202- lim TW�t 4 4aQ" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 5, 2000 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of a Cultural Symposium PUBLIC HEARING: Proposed by the Cultural Arts Commission on November 4, 2000 RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: The Community Services Department Fiscal Year 2000/01 Budget has a line item listed in the Travel, Training and Meetings section (#101-251-637-000) for $3,000 for Community Workshops. It is anticipated that the Cultural Symposium will utilize the full amount provided. Additional costs associated with the Symposium will be raised by the Cultural Arts Commissioners through sponsorships and donations. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the February 10, 2000 Cultural Arts Commission meeting, the Commission determined that they would like to host a Cultural Symposium in November, 2000. A subcommittee of Commissioners Hull and Shamis met to discuss the concept and to provide an outline of activities for the event. At the March 9, 2000 Cultural Arts Commission meeting, the Cultural Symposium was discussed, as provided in Attachment 1. The subcommittee provided the Commission with a tentative agenda for the Cultural Symposium, provided as Attachment 2. At the April 13, 2000 Cultural Arts Commission meeting, the Cultural Arts Commissioners determined that an amount of $3,000 would adequately cover -the costs associated with the Symposium, as provided in Attachment 3. Staff then included that amount in the Community Services Department budget for City Council2,28 consideration during the budget review process. The Cultural Arts Commission 2000/01 Work Plan outlines "Coachella Valley Cultural Conferences, Workshops and Events" as one of the Commission's tasks, as provided in Attachment 4. The first step to completion of this task is to recommend to the City Council that an event be held. Pursuant to the Commission's Work Plan, it is requested the City Council review the purpose of the conference, consider participation in the event and review the budget for the event. The Cultural Arts Commission is requesting that the City Council consider offering the Cultural Symposium on Saturday, November 4, from 1:00-5:00 p.m. at City Hall. The Commissioners would like to invite, as the keynote speaker, Mr. Jack Mackie from Seattle. Mr. Mackie has significant experience in the public art forum, as provided in Attachment 5. The majority of the cost of the program would be to cover the costs associated with Mr. Mackie's travel, lodging and meals. It is estimated that these costs will total $2,500. Additional speakers would be local residents that have an interest in the cultural arts. The Commissioners have established that they would like to invite John Nagus, formerly of Palm Desert, Tom Doczi, Darlene Dolan and Colleen McBride of Desert Sands Unified School District, Kajsa Thuresson-Frary from the McCallum Institute, and Richard Oliphant, a local developer. These speakers would not be offered an honorarium for their participation. The additional funds will be used for imprinted invitations, refreshments, and live entertainment. The Cultural Arts Commission would also like to offer a wine garden in the courtyard of City Hall. The wine garden could be provided by a sponsor of the program. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the Cultural Arts Commission to offer the Cultural Symposium on November 4, 2000 with a budget not to exceed $3,000; or 2. Authorize the Cultural Arts Commission to offer the Cultural Symposium on November 4, 2000 with a budget not to exceed a predetermined amount; or 3. Do not authorize the Cultural Arts Commission to offer the Cultural Symposium on November 4, 2000; or 4. Provide staff with alternative direction. z400 002 S:\Community Services\CCReports\CC.054.wpd Respectfully submitted, Dodie Horvitz, Com nity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Cultural Arts Commission Minutes of March 9, 2000 2. "Voices: Past, Present, Future" Tentative Agenda for the Cultural Symposium 3. Cultural Arts Commission Minutes of April 13, 2000 4. "Coachella Valley Cultural Conferences, Workshops and Events" task from the Cultural Arts Commission Work Plan 5. Jack Mackie's Resume 230 003 S:\Community Services\CCReports\CC.054.wpd C. Cultural Workshop ATTACHMENT 1 Chairperson Hull reviewed the agenda for the Cultural Workshop in November and asked the Commissioners for feedback. They discussed the budget for the workshop, and the possibility of paying some speakers but not all of them. They discussed Jack Mackie as the Keynote speaker, and if they paid his airfare it could be $300, and cost for light refreshments and printing of workshop invitations and materials would be on top of that. The Commission would like to hold the meeting at the Civic Center, and have a tour of the facility to show the artwork on hand, and then serve wine and refreshments in the Courtyard. Ms. Horvitz will check on the possibility. Ms. Horvitz would like the workshop budget information from the subcommittee by April 1" so that it can be included in the budget discussions. It was suggested that Judy Vossler, John Nagus, and Tom Doczi be on the panel. It was discussed that 4 panelists be selected. The subcommittee will contact the potential speakers of their availability, and call them back to confirm the workshop plans after the budget is approved by the City Council in July. It was moved by Commissioner McMillan/Reynolds to continue to work on the Cultural Workshop and contact potential speakers and prepare a budget. Unanimous. D. cCallum Theatre Institute Aesthetic Education Program Com 'ssioner Shamis asked the Commissioners to read the report from the pa ipants of last years Aesthe duration Program. Commissioner Shamis would like to send m tea rs to the program this year. Th iginal 8 from last year will continue on, and 4 new ones will be s cted from Truman School, which would ke them the pilot school. It was moved by OVmissioner Reynolds/McMillan to support the Callum Theatre Institute Aesthetic Education Program year with 12 teachers, in the amount 4,800. Unanimous. Ms. Horvitz will forward this recommen ion to the City Council when writte orrespondence is forwarded from Desert Sands Unified School Dis1kt and the McCallum Institute h specific costs and program information. VI1. COR SPONDENCE AND WRI N MATE A. Monume' Sign at Lumpy'sNon's - R d and filed. B. Art Fernandez 7`h Panel for Bus S ters The City Council approved igns #2, 6, and 9 consideration. �. C. Auto Mall Art D. Arts Festival ;? hedule item will be continued until asked Mr. Fernandez to design 4 more panels for notice. Comm' oners Blakley and Ras ussen will meet Mayor Pena an ouncil Member Henderson at the fro to of the Arts Festival at 1 0 a.m. on Thursday, March 16. ere is a budget of $7,500 for ork. 231 005 G:\MyData\CRISTAL\CAC\CACMIN.3-9.wpd ATTACHMENT 2 VOICES: PAST, PRESENT, FUTURE A Symposium on Cultural Development Saturday, November 4, 2000 1:00 P.M. - 5:00 P.M. Hosted by La Quinta Cultural Arts Commission GOAL: To educate community leaders including those in business, education and civic roles as to the value of aesthetics ensuring their participation in cultural development. The Symposium will focus on four areas: I. Government and the Arts All mayors, councils, commissions City managers and staff Representatives from State, Federal, Local governments W II. Business and the Arts Developers Businesses/Chambers of Commerce III. Community and the Arts Organizations, board and members Americans for the Arts California Arts Council Riverside Arts Foundation La Quinta Arts Foundation La Quinta Historical Society La Quinta On Stage Coachella Valley Arts Alliance Service clubs Rotary Soroptimists Boys & Girls Club Senior Center Private foundations . V!VA IV. Education and the Arts Schools Local/County, Superintendents Dr. Doris Wilson, Dr. Gaynes, Mr. Wilson DSUSD, Darlene Dolan Outreach programs, LQAF Community Services Division McCallum Theatre Institute, Aesthetic Education Program 232 Program could include: Mayor Pena, welcome, identifying accomplishments of City Keynote Speaker on Quality of Life, e.g., Bob Lynch, Chair of Americans for the Arts; . Jack Mackie, Chair of Public Art Program in Seattle Statement on The Value of the Arts, Kathryn Hull Economic Impact Creating collaborations between government, schools, community organizations and business Exhibits Award -winning High School student artwork Professional artists Tour of City Hall art during break Performances by local professional or student artists Music Dance Questions/answer with panelists Summary of day's information Reception at end of day Time for informal conversations Background music Possible Panel members: Consultant, e.g., John Nagus Victoria Hamilton (Americans for the Arts, San Diego) Artist/Architect KSL/Rancho La Quinta representative Darlene Dolan, DSUSD Sally Davis/Juan Carrillo, California Arts Commission Senator Adam Schiff, Joint Committee for the Arts Colleen McBride, Executive Director, Riverside Arts Foundation Representative from a city with a successful cultural arts program Prepare pertinent questions for panelists Budget: Reception Speaker(s) Printing/mailings Questions: How do we achieve our goals How do we get key individuals involved How do we get citizens to attend Who do we want as speakers/panelists Where do we go from here Will this make a difference; if so, how 233 007 on Monday, April 17 at 7:30 p.m. to discuss the concepts in more ATTACHMENT 3 B.%ommunPicnic and Birthday Bash itz upda the Commi on on the Com Picnic and Birthday Bash plans, and handed out key n s that we urc sed for the C ssion to hand out at the picnic. The shape of the key ring is a hea with the ing "A h or the Arts City of La Quinta". The Commission us ein vailable at the Picnic to hand out the key rings and to answer questions regar n Art in Public ces program. It was ed by Commissio rs Reynolds/ Ian to participate in the Community Picnic and City Bash. Unanimous. (—C Symposium for Cultural Development /Chairperson Hull reviewed the agenda and stated that Jack Mackie has tentatively agreed to be the Key Note Speaker for the Symposium for a total of $1,658. No other speaker would receive a fee for their participation. The cost for Mr. Mackie, the reception and printing and mailing of invitations would need to be included in the Community Services Department budget. It was also discussed that an amount for live entertainment be included in the budget. It was determined that $3,000 would be adequate to fund the symposium. The speakers confirmed for the symposium already include Mr. Tom Doczi and Richard Oliphant representing the Professional aspect of public art. Individuals that still need to be confirmed include: Dr. Doris Wilson of Desert Sands Unified School District, Kajsa Thuresson-Frary from the McCallum Theatre and others from the community. It was moved by Commissioner McMillan/Reynolds to direct staff to budget $3,000 in the Community Services Department budget for the Symposium for Cultural Development. Unanimous. June Meeting Date Ms. Ho ' advised the Commission, that due to a prior commitment on June 8, she will not be availabl attend the Cultural Arts Commission meeting. It was determin t Thursday, June 15, 2000 wou a acceptable to hold the June Cultural Arts CommissjgpOffieeting. It was moved by Co issioner McMillan/Reynolds to hold June Cultural Arts Commission meeting on Thursday, >M�eet at 7*00 p.m. Unani S. VII. CORRESPONDEITTEN MAT LS A. Letter to Joyce Quinta Artist- From the Commission - Received and filed. B. Letter of resignie Ra ssen -Received and filed C. CVCA Annual missione amis will be presenting information on the Civic Center Campus Springs on it 20, 2000. Vill. COMMISSIO EMS �\ ^1 ;Reorof loner Reynolds asked what the City could do about 1 Hwy. 111 and Washington Street. Ms. Horvitz exp ance of the art piece on the the art piece is the property 234 G:\MyData\CRISTAL\CAC\CACMIN.4-13.wpd ,� ATTACHMENT 4 Cultural Arts Commission Work Plan July 2000 Task: Coachella Valley Cultural Conferences, Workshops, & Events Completion Date: On -going Participants: Commissioners, City Council Suggested Resources: Community members, City Council, Coachella Valley Cities, private cultural arts interests, State and Federal sources Steps to Completion: • Recommend to Council proposed conferences, workshops & events • Maintain leadership role in conferences, workshops & events • Recommend to Council a date, time, and location for the conferences, workshops & events • Work with Coachella Valley Cities to determine proposed speakers and budget for consideration by Council • Solicit contributions to off -set the costs as approved by Council • Prepare an outline for the meeting • Invite the speakers/artists • Advertise the conferences, workshops & events as approved by Council • Conduct the conferences, workshops & events • Staff Time: 10-12 hours per event Fiscal Commitment: $3,000 Staff Role: Provide support and act as a liaison to City Council Council Role: Review purpose of conferences, workshops & events and consider participation and budgets for events Goal: Chapter 2.75.040 (6) Work cooperatively with City boards, commissions and committees, and other public and private organization in promoting art and cultural activities within the City. 235 6 0 0 Yabcol Mail hnpJ/uLn 1.maiLyaboo aom6m/Showlzaa?YY=1769 Inbox for mhamis3i ftahoo.com Yahoo! - Mr Yeha ATTACHMENT 5 Reply Reply Ali Forward as attachment n Download Attachments Delete j Inbox Choose Folder Move Date: Sun, 02 Apr 2000 21:39:06 -0700 Add Addresses From: Jack Mackie/Leslie Gamel <jamgam@uswest.net> I Block address To: Rosita Shamis <rshamis3 I @yahoo.com> Subject: Mackie resume Hello Rosita, Pve enclosed here as a Word attachment my complete resume in the event you need to send it to others. I've also copied here, below, the resume in full. It is broken into three sections which. are distinguished by the dotted lines. The first section is a brief narrative that can be used for press releases or for introductory remarks. The second section is the "short -form" resume. The third is the detailed resume. If you have questions or need assistance in deciphering this please telephone me. I had hoped to have here for you the proposal of fees and costs that we discussed. I will have that to you later in the day on Monday. Look forward to talking with you, Jack Mackie Jack Mackie is a public artist who resides in Seattle, Washington. In twenty-three years of practice in the discipline of public art he has participated in major urban redevelopment and new construction projects including serving as lead design team artist for the $450M Downtown Seattle Transit Project, project artist for the Santa Clara County California $560M light rail project, design team member with MBM Arquitects, Barcelona, for the $145M Bute Avenue Corridor in Carder Wales, U.K.; lead artist for American Airlines and Miami International Airport for the new 47 gate international terminal; and design team artist with NBBJ Architects for a new Wright Rundstad / King County office building in downtown Seattle. He has co-authored the Art and Design Program for the Dallas Area Rapid Transit Authority, the Aesthetic Design Standards and Design Implementation Procedures for CENTRO Transport Authority, Birmingham, UK; and has authored the Portland State University Public Art Guidelines, Portland, Oregon, and the Public Art Program for the Memphis/Shelby County Central Library. He is past chair of the Public Art Committee for the Seattle Arts Commission and currently serves as artist representative to the Seattle Light Rail Review 236 1 of 14 no 1/4/80 5:19 AN Yahoo! Mail httpJ/ns.fl1.mail.yahoo.com/ym/Showl =?YY=17695 Panel. Through working in collaboration with artists, engineers, architects, urban planners and the citizens ofthe communities being served, Mr. Mackie has come to understand that while public art requires an enlightened attitude, the art of making places public fosters that attitude. JACK MACIUE 55 South Atlantic Street #405 Seattle, Washington 98134 USA (206) 624-4889 jamgam@uswest.net Awards Washington State Governor's Arts Award, 1999. Associated General Contractors Excellence in Construction Award, 1999. ASID Cultural Achievement Award, 1991. AIA Design Merit Award, 1990. Letter of Commendation, Seattle Design Commission, 1986. Selected Design Team and Commissioned Works: North Shore Riverfront Park: Pittsburgh, Pennsylvania 1999 to present. Design team artist for the City of Pittsburgh with EDAW, Inc. Landscape Architects. Mesa Performing Arts Center: Mesa, Arizona 1999 to present. Design team artist for the City of Mesa Arts and Entertainment Center. Miami International Airport: Miami, Florida 1999 to present. Design team artist for American Airlines, the Miami Department of Aviation and Metro -Dade Art in Public Places. King Street Center: Seattle, Washington 1999. Design team artist for the King County Arts Commission and Wright/Runstad Development Corporation. Simpkins Family Swim Center: County of Santa Cruz, California 1998. Commissioned artist by the County of Santa Cruz Parks Department. Tasman Light Rail Corridor. Santa Clara County, California 1997 to present. Project Artist for the Valley Transportation Agency, Santa Clara County, California City/County Justice Center: Scottsdale, Arizona 1995 Design Team artist for the City of Scottsdale. West Main Street Arts District Redevelopment: Louisville, Kentucky 1992 -1996 Project Artist for the Louisville Development Authority. Ross's Landing Public Plaza: Chattanooga, Tennessee 1992 Project Artist for the City of Chattanooga and the River City Development Company. 237 Oil 2 of 14 1/4/80 5:18 Al Yahoo! Mail http:/jusA1.mail.yahoo.ca®/ym/S lztta?YY=17695&order--down&sort--date&pos= Downtown Seattle Transit Project: Seattle, Washington 1985 - 1990 Lead Design Team Artist for King County Metro Transit. Recipient of AIA Design Merit Award, 1990; ASID Cultural Achievement Award, 1991. Eckstein Community Center: Seattle, Washington 1986 Design Team Artist for the Seattle Parks and Recreation Department. Awarded a Letter of Commendation from the Seattle Design Commission. First Avenue Streetscape Plan: Seattle, Washington 1980 to present. Design Team Artist for the Denny Regrade Community Council, Seattle Department of Neighborhoods, King County -Metro Transit, Seattle Arts Commission and the National Endowment for the Arts. Public Art Master Plan, Study, and Consultant Proiects: Rapid Transit Office, B.C. Transit Public Art Master Plan; Vancouver, B. C. Canada 1999 City of Ogden, Utah: Public Art Master Plan 1999 City of Santa Cruz, California: Public Art Master Plan 1997 - 98 Nashville Central Library: Art Program consultant; Nashville, Tennessee 1998 Scottsdale Civic Center: Public Art Master Plan; Scottsdale, Arizona 1998 Memphis Shelby County New Civic Library: Public Art Master Plan; Memphis, Tennessee 1997 Bute Avenue Corridor; Cardiff Bay Development Corporation: Programme Artist; Cardiff Wales, United Kingdom 1994 Coal Harbour Neighborhood; ASPAC Development Corporation: Public Art Program Consultant; Vancouver, B.C. Canada 1994 to present. CENTRO Midland Metro: Public Art Programme Development Consultant; Birmingham, United Kingdom 1992 Richmond, British Columbia, Canada: Urban Plan Study Artist 1992 Denver International Airport: Public Art Consultant and Program Technical Advisor; Denver, Colorado 1991 - 1994 Portland State University: Public Art Master Plan; Portland, Oregon 1991 012 238 3 of 14 1/4/80 5:19 A Yahoo! Mail hapJ/=A 1.mail.yahoo.00m6m/s6owLenaWY=17695 Kingdome Stadium: Public Art Master Plan; Seattle, Washington 1989 Dallas Area Rapid Transit: Public Art Master Plan; Dallas, Texas 1987 Current Board or Review Panelist Seattle Design Commissioner Seattle Light Rail Review Panelist Seattle -Tacoma International Airport Public Art Advisory Board Allied Arts of Seattle, Co-chair Arts Advocacy Committee Selected Proiects and Budgets: Please refer to complete resume for additional project information. KING STREET CENTER, SEATTLE, 1999. Wright Rundstad Development Corporation, King County Public Art Program. In association with NBBJ Architecture. Artist's efforts brought forward through architectural construction documents and General Contractor. Direct design / construction responsibility: $840,000.00 Artist design, documentation, construction administration fee and costs: $71,400.00 SIMPKINS FAMILY SWIM CENTER, 1998. County of Santa Cruz, California Commissioned artwork - $110,000.00 MIAMI INTERNATIONAL AIRPORT, TERMINAL E, 1996. In association with Carolyn Braaksma, artist, and Ron Frazier Architects. Total construction budget: $110M. 60% construction documents working art budget: $ 1,502,843.00 Artist design fee and costs: $ 43,818.00 TASMAN LIGHT RAIL CORRIDOR, 1996. Valley Transportation Agency, San Jose, California In association with PB/MK Engineering and SBA Architects. Total construction budget: $560M. Direct responsibility for design and implementation of $1.2M art program. Artist/consultant fee and costs: $110,539.00. WEST MAIN ARTS DISTRICT STREETSCAPE, 1996. City of Louisville, Kentucky. In collaboration with EDAW, Landscape Architects without a specific budget allocation for art. Artist's efforts brought forward through architectural construction documents and General Contractor. Total Project Construction Budget: $3,500,000.00. Direct design / construction responsibility: $280,000.00. Artist design, construction administration fee and costs: $51,155.00. Sole source specialty element fabrication/construction subcontracted through artist $23,050.00. 239 4 of 14 01,1 1/4= 5:19 At Yahoo! Mail http:Uw.n I mail.yahoo.cowl aWShowLetter?YY=17695&order- poste CITY/COUNTY JUSTICE CENTER, 1995. City of Scottsdale, Arizona - In association with Dick and Fritsche Architects. Artist's primary efforts brought forward through architectural construction documents and General Contractor. Total Construction Budget: $4,700,000.00. Direct design / construction responsibility: $320,000.00. Design, documentation, construction administration fee and costs: $30,000.00. Sole source specialty element fabrication/construction subcontracted through artist: $35,000.00. ROSS'S LANDING PARK and PLAZA, 1992. City of Chattanooga, Tennessee. In collaboration with EDAW, Landscape Architects, and SITE Architects without a specific budget allocation for art. Artist's work brought forward through architectural construction documentation and General Contractor. Total Construction Budget: $7,800,000.00. Direct design / construction responsibility: $245,000.00. Design, documentation, construction administration fee and costs: $58,097.00. Sole source specialty element fabrication/construction subcontracted through artist: $16,004.00. DOWNTOWN SEATTLE TRANSIT PROJECT, 1990. Metropolitan Transit of Seattle. In collaboration with PBQD Engineering and IRA Architecture. architectural construction documentation and General Contractor. Total Construction Budget: $450M. - Direct design / construction responsibility: $542,262.00. Design, documentation, construction administration fee and costs Artist's work brought forward through 60,978.00. ECKSTEIN COMMUNITY CENTER, 1984. Seattle Parks and Recreation Department. In collaboration with ARC Architecture with no specific budget allocation for art. forward through architectural construction documentation and General Contractor. Renovation and New Construction Budget: $1,696,000.00. Direct design / construction responsibility: $115,000.00 Artist Design Fee: $9,178.00 BROADWAY LOCAL IMPROVEMENT DISTRICT, 1982. Seattle Engineering Department and Seattle Arts Commission. "Dance Steps on Broadway" - Commissioned artwork: $23,000.00. JACK MACKIE 55 South Atlantic Street #405 Seattle, Washington 98134 USA (206) 624-4889 jamgam@uswest.net Artist's work brought 240 5 of 14 014 1/4/80 5:18 AT` Yahoo! Mail hdpJAmM 1.mail.yahoo.00m6md- howL,eua?YY=1769 Awards Washington State Governor's Arts Award, 1999. ASID Cultural Achievement Award, 1991. AIA Design Merit Award, 1990. Letter of Commendation, Seattle Design Commission, 1986. SELECTED PUBLIC ART, MASTER PLAN, AND STUDY PROJECTS North Shore Riverfront Park: Design team artist for the City of Pittsburgh, in association with EDAW landscape architects, for the 1.6 mile long urban park at the confluence of the Allegehny and Monongahela Rivers in downtown Pittsburgh. Currently in schematic design. Mesa Performing Arts Center: Design team artist for the City of Mesa, Arizona, for the new $90M three theater, fine art gallery, and artist studio facility in association with BOORA Architects, DWL Architecture, and Martha Schwartz, landscape architects. Final Design currently scheduled for September 2000. City of Ogden, Utah, Public Art Master Plan: Program consultant in aff liation with Jerry Allen Associates in the creation of a Public Art Plan for the City of Ogden. Specific tasks provide analysis of urban design/public art opportunities in coordination with the City Capital Improvements Program and facilitating public art workshops with local artist, city staff and the Ogden design community. 1999. Miami International Airport, Miami, Florida: Design team artist for American Airlines, the Miami Department of Aviation and Metro -Dade Art in Public Places in association with The Corgan Architectural Team to develop a comprehensive plan for the implementation of a public art program for the new American Airlines North Terminal hub. Currently completing Art Programming while collaboratively designing building components with the architecture team. King Street Center, Seattle, WA: Design team artist with NBBJ Architects for the King County Arts Commission and Wright/Runstad Development Corporation charged with the collaborative design of a 14,000 square foot public plaza for a new office building in downtown Seattle. 1999. City of Santa Cruz, California, Public Art Master Program: Planning consultant in of liation with Jerry Allen Associates in the creation of a Public Art Program for the City of Santa Cruz. Specific tasks focused on providing analysis of urban design/public art opportunities and conducting public art workshops based on upcoming infrastructure projects with local artist and design communities. 1997 - 98. Memphis Shelby County New Civic Library, Memphis, Tennessee: Project artist in collaboration with Art Consultant Jenifer Murphy charged with overall planning and development of an integrated public art and architecture program for the $60M New Civic Library. 1997. Simpkins Family Swim Center, County of Santa Cruz, California: Commissioned artist to create the Vessel Fenceline Sculpture for the new community swim facility. Total commission: $100,000.00. 1998. Scottsdale Civic Center Mall Master Plan: Project artist in collaboration with Todd and Associates to create the Master Plan for renovation of the Scottsdale, Arizona, Civic and Cultural Center Mall. 1998. Miami International Airport, Miami, Florida: Design artist for the Miami Department of Aviation and Metro -Dade Art in Public Places on the expansion of International Terminal E in collaboration with artist 24.1 6 of 14 019 1/4/60 5:18 AA Yahoo! Mai! hupJ/n A 1.mail.yahoo com6mdShowLc=&YY=1769 =l. Carolyn Braaksma, and project architect, Ron Frazier Associates. Specific artistic effort is directed to the design of the 90,000 square foot departure level terrazzo floor. Currently in Final Design with construction scheduled to begin Fall 2000. Tasman Light Rail Corridor, Valley Transportation Agency, Sawa Clara County, California: Project Artist, in collaboration with PB/MK Engineering and SBA Architects, charged with design and implementation of an integrated aesthetic design program including the establishment of Agency Art Policy; the VTA Aesthetic Review Committee; and the collaborative design of alignment elements and stations with project engineers, architects and station artists. 1997 and ongoing. City/County Justice Center, Scottsdale, Arizona: Design team artist in association with Dick and Fritsche Architects for a new Courthouse and Police Precinct Station. Artistic efforts directed towards design of the building entry facade, courtroom detail, plaza design, landscaping, and seating elements. 1995. Bute Avenue, Cardiff, Wales, United Kingdom: Feasibility study team artist in collaboration with artists Jane Kelly and David Patten and MBM Arquitects of Barcelona for the Cardiff Bay Development Corporation's 1.2 mile development of the Bute Avenue corridor to connect the City Centre with the City Harbour. Study completed 1994. Coal Harbour Developmem, Vancouver, B.C. Canada Public Art Program consultant in association Urban Art Management, Vancouver, for ASPAC Developments Ltd and Marathon Realty Company's downtown Vancouver 46 acre urban renewal project with a $2.9M public art budget 1994 - ongoing. West Main Street Cultural Arts District Redevelopment, Louisville, Kentucky: Project Artist in collaboration with EDAW, Inc. Landscape Architects, for the Louisville Development Authority. Tasks include collaborative design of the overall streetscape, creation of specific design elements, and engagement of regional artists' work for the project. 1992 -1996. "Landscape As Art" Corcoran Gallery of Art Washington, D.C. 1992 . CENTRO Midland Metro, Birmingham, United Kingdom, in association with artists Alice Adams and Andrew Darke, and ALS Planning; charged with development of a Public Art Plan for the 21 kilometer Centro Midland Line One Light Rail Project. The plan defines aesthetic standards of excellence for system design, includes artists as integral design team members, and will be employed by Centro in the selection of its Engineering and Architectural consultant. 1992. "Reclaiming The Garden City" Richmond Town Centre Planning Study, Richmond, British Columbia, Canada, in association with Philips, Wuori, Long, Landscape Architects. The study proposes a system of parks, open spaces, linear corridors, and streetscapes based in community heritage that restores balance, continuity, and understanding to the "Garden City". 1992. Project was the recipient of a 1993 National Design Citation from the Canadian Society of Landscape Architects. Denver International Airport: Technical Coordinator for the airport's $7.5M Art Program charged with integrating and coordinating artists' projects into the design and construction of the new $3.2 billion airport 1991 - 1994. 20 7 of 14 016 1/4/90 5:19 M Yahoo! Mail hup:/tw.fl l.mail.yahoo.00mlym/ShowLxUcr?YY=17695&ader Ross's Landing Public Plaza, Chattanooga, Tennessee: Team Artist in collaboration with EDAW, Landscape Architects, and SITE Architects. Participated in conceptualization of the Plaza/Park as the Story of Chattanooga Artistic works tell this story through references to regional folk arts, local mythologies, and historic events including a marker for the Cherokee Trail of Tears. 1992. City of Dallas, Texas, Parks and Recreation Department: Artist team coordinator on soil erosion projects in six city parks. Assisted in design development and construction documentation of artists design concepts within engineering erosion control requirements. 1987. Downtown Seattle Transit Project: Design Team Lead Artist on the $450M project with a $1.5M arts budget. Served as design artist and as team coordinator between twenty one artists and the architectural/engineering design and construction process. Duties included specific station design and commissioned projects; development of additional artists' projects, contracts and scopes of work; and assistance in construction documentation of artists' projects. 1985 - 1990. Recipient of AIA Design Merit Award, 1990; ASID Cultural Achievement Award, 1991. Eckstein Community Center. Team Artist for the Seattle Parks and Recreation Department; with ARC Architects and artist Ellen Ziegler. Work directed to site planning, building exterior detailings, gateways, and the Hopscotch Museum. Project was the recipient of a Letter of Commendation from the Seattle Design Commission. 1986. First Avenue Streetscape Plan: Team Artist for the Denny Regrade Community Council and Seattle Department of Community Development; with artist Buster Simpson. The plan develops the street as an Urban Arboretum/Lmear Park and provides bus stop seating, street tree plantings, and sidewalk use guides. Funded in part by the National Endowment for the Arts and Seattle Arts Commission. 1980 and ongoing. Broadway Local Improvement District: Project Artist for the Seattle Engineering Department and Seattle Arts Commission, in association with MAKERS, urban planners. Participated in streetscape design with artistic emphasis directed towards visual continuity throughout the district. Specific work produced: "Dance Steps on Broadway", bronze cast shoe prints inlaid into the sidewalk in eight dance -step patterns along Broadway Avenue, Seattle. 1982. PUBLICATIONS and MASTER PLAN DOCUMENTS "Mesa Arts and Entertainment Center Public Art Master Plan" Prepared for the Mesa Public Art Program, Mesa, Arizona 2000 "Station Art & Transit Overview" Co-author: Leesa Strimbicki, Urban Arts Management Prepared for the Rapid Transit Office, B.C. Transit Vancouver, British Columbia, Canada 1999 "Art Integration: An Essential Design Component and Vehicle for Community Commitment in Santa Clara" Co-authors: William Barnes, P.E. and Robert Bertini, P.E. Presented at the Seventh National Conference on Light Rail Transit, Transportation Research Board, Baltimore, MD. 1995. 243 8 of 14 1/4/80 5:18 A Yaboot Mail httpJ/o=.fl i.mail yahoo. aom6pm/shawLcUw9YY=1769 "Program Outlining the Components and Key Steps m Establishing an Integrated Art Program for the Tasman Corridor Light Rail Project" Prepared for the Santa Clara County California Transportation Agency. 1994. "CENTRO Midland Metro Line 1 Design Standards and Design Implementation Procedures" Co-authors: Alice Adams and Andrew Darke, artists, in association the Public Art Commissions Agency, Birmingham, United Kingdom. Funded by the CENTRO Transport Authority of Birmingham, United Kingdom. 1992. "Portland State University Public Art Guidelines" Funded by Portland State University and the Oregon State Arts Commission in association with the Metropolitan Arts Commission of Portland, Oregon. 1991. "Public Art Master Plan for the Kingdome Stadium, Seattle" Co-authors: Sonya Ishii, Artist; Jim Hirschfield, Artist. Funded by the King County Arts Commission, Seattle. 1989. "Guidelines for the Establishment and Implementation of a Dallas Area Rapid Transit (DART) Art and Design Program" Co-author: Carol Valenta, Arts Adnumst ator Funded by the Dallas Transit Authority, the City of Dallas Department of Cultural Affairs and the Texas Commission on the Arts. 1987. SELECTED BIBLIOGRAPHY Public Art Review "The One Percent Solution?" Judy Arginteaanu Summer/Spring 1998 Landscape Architecture "Rethinking River City" J. William Thompson, August, 1996. Sculpture "Public Commissions: Budgeting for Real Costs" Lynn Novelli Volume 15, Number 1. January 1996. On The Ground "Streetscape Vocabulary" Sally Woodbridge Volume 1, No. 4, 1995. Public Art Review "Go Public" Linda Johnson Dougherty Fall/Winter 1995. 018. 24t 9 of 14 1/4/80 5:18 A Yahoo! Mail hup:/iw.n l mail.yahoo cmUOVShowl&ue?YY=1769 "How To Build An Urban Village" David Sucher City Comforts Press, 1995. ARTNEWS Studio: "The Comet That Changed His Life" Frances DeVuono, November, 1993. Landscape Architecture "Front Porch on the River" Robert Ivy, December, 1992. "IN COLLABORATION - ARTISTS ON THE DESIGN TEAM: A Practical Handbook" Lyn Kartiganer Published by the Municipality of Metropolitan Seattle. 1992. ARCHITECTURE "Cathedral of Conservation" Edward Gunts, September, 1992. Landscape Architecture "Down By The River" Philip Langdon, June, 1992. Architectural Record "Architectural Underground" Donald J. Canty, July, 1991. The New York Times "In Commuter Tunnel, Art at Each Stop" October 4, 1990. Seattle Journal of Commerce "A 1.3 Mile -long Gallery for Public Art" Clair Enlow, September 12, 1990. Artist's Trust "METRO" Loch Adamson, Autumn 1990. The London Financial Times "In Seattle art is integrated into city planning" Deanna Pethebridge, January 12, 1990. Public Art Review "Design Team Notes" Volume 1, Number 2; Summer 1989. 019 2I 10 of 14 1/4/80 5:18 A] Yahoo! Mail hpp:/J= l l mail.yahoo.com6nWS6owL&M7YY=1769-dam&pos-t "GOING PUBLIC: A field guide to developments in art in public places" Jeffery Cruikshank, Pam Korza The Arts Extension Service and the National Endowment for the Arts. 1988. REFLEX "The Fine Print Of Public Art" Doug Hopkins, December, 1987. The Philadelphia Inquirer "The mixing of art and public spaces" Thomas Hines, October 18, 1987. 1'ARCA "The Downtown Seattle Transit Project" Albert Stevens, June, 1987. Art in America "Seattle Sites" Bill Berkson, July, 1986. INSIGHTS/ON SITES Perspectives on Art in Public Places Partners for Livable Places, Washington, D.C. 1984. Reader's Digest "Waltz Street" Frank Zoretich, March, 1984. "Place Makers: Public Art That Tells You Where You Are" The Townscape Institute, Cambridge, MA. 1981. LECTURER / PANELIST Seattle Design Commission Commissioner, Artist's Chair 1999 - 2003 Louisiana Arts Symposium State of Louisiana Arts Commission Baton Rouge, LA 1999 Light Rail Review Panel City of Seattle, 1998 - 2006. Elevating the Design Quest City of Scottsdale Design Review Board Scottsdale, AZ 1998. Pike Street Improvement Task Force 246 11 of 14 020 1/4/80 5:18 M Yahoof Mail hupJ/us.fl 1.aosil.yahoo.00a6mVShowL.em?YY=17695 pos= Richmond, British Columbia 1992. "CONGRESS 91" Keynote Respondent, Canadian Society of Landscape Architects, Toronto, Canada. 1991. Public Art Institute National Advisory Board Member 1991-1994. "PUBLIC / art" Landscape Institute of Northern Ireland, Belfast, Ireland. 1990. "Collaboration and Context" Public Art Symposium, Birmingham, United Kingdom. 1990. "The Art of Making Places Public" Canadian Institute of Planners, Vancouver, B.C., Canada 1990. Public Art Steering Committee New Denver International Airport 1989 - 1991. "Arts and the Changing City: An Agenda for Urban Regeneration" International Public Art Symposium Glasgow, Scotland. 1988. "Next Stop, The Future: Is Collaboration the Right Track?" International Art in Transit Symposium Cambridge, MA. 1988. Design Arts/Visual Arts Collaboration Initiative and Art in Public Places Panels, National Endowment for the Arts, Washington, D.C. 1988. "The Artist and the Planning Process" Public Art in America Conference Philadelphia, PA. 1987. Policies on Public Art National Endowment for the Arts Washington, D.C. 1987. 47 13 of 14 1/4/80 5:18 k YAW Mail http://uLfl 1.mail.yahoo.com/ym/ShowL e. YY=17695 -( Seattle Design Commission Seattle, WA 1997. "From Studio to Street" Workshop on public work and the public artist. Metropolitan Nashville Arts Commission Nashville, TN 1997. Public Art and the A.D.A. Save Outdoor Sculpture Annual Conference Washington, D.C. 1996. "Economic Empowerment and Social Equity" International Forum on Arts and Humanities as Agents for Social Change Seattle, WA. 1996. "The Public Face of Public Art" Symposium Lindabrunn Lindabrunn Institute of Public Art, Vienna, Austria. 1995. "The Mediums of Public Art" North Carolina Arts Council and Winston Salem State University, 1995. City of Seattle Arts Commission Commissioner, 1995-99. Public Art Committee Chair, 1997-99. "The Broward Boulevard Corridor - a public art workshop" Broward County Cultural Affairs Council Fort Lauderdale, Florida. 1994. "Accessing Infrastructure" National Assembly of Local Arts Agencies Annual Conference, Dallas, TX. 1994. Wichita Design Symposium Wichita Arts Commission and Offices of Urban Planning, Wichita, Kansas. 1994. British Columbia Society of Landscape Architects, Keynote Speaker to the Annual Conference and Awards Ceremony Vancouver, British Columbia, Canada. 1993. Workshop on Civic Art Temple University and the University of the Arts, Philadelphia, PA. 1993. "Towards a City Centre" City of Richmond Town Forum 248 12 of 14 1/4/80 3:19 M c&h. 4 4Qu&rw COUNCIL/RDA MEETING DATE: July 5, 2000 Continued Public Hearing to Certify a Mitigated Negative Declaration of Environmental Impact, Approval of General Plan Amendment and Specific Plan To Allow Traffic Signal Spacing of Less Than 1200 Feet, and Tentative Tract Map 29436 a Request to Subdivide 75.86 Acres into 169 Residential Lots and Other Common Lots on Property Located North of Eisenhower Drive, East of Coachella Drive Applicant: U.S. Home Corporation RECOMMENDATION: Planning Commission Recommendation: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of Environmental Impact (EA 99-386) according to the findings set forth in the attached Resolution; and Adopt a Resolution of the City Council amending the General Plan text (Table CIR -2) to allow full turning movement intersection spacing less than 1200 lineal feet for Primary Arterials in conjunction with the submittal of a Corridor Master Plan of Signals; and Adopt a Resolution of the City Council approving Tentative Tract 29436, to subdivide 75.86 acres into 169 residential lots and other common lots, subject to conditions. FISCAL IMPLICATIONS: None. CITY CHARTER IMPLICATIONS: None. "49 P:\BETTY\U.S.Homes\For CC\CC.staff rpt. TT29436.wpd BACKGROUND AND OVERVIEW: The proposed Tentative Tract Map 29436 is located north of Eisenhower Drive, east of Coachella Drive on 159.55 acres of vacant lands consisting of 75.86 acres of flat lands where development is proposed to occur and 83.69 acres of open space hillsides (Attachment 1). The entire property ownership consists of eight parcels (A.P.N.'S: 623-310-008, 623-310-009, 631-31 1-001, 631-31 1-003, 631-312-001, 631-312- 020 643-090-025, and 643-090-004) in both the jurisdictions of La Quinta and Indian Wells totaling 190.51 acres. General Plan Amendment 2000-065 The applicant's requests to modify General Plan Circulation Policy 3-2.1.5 which currently states: "The City shall adopt design standards for all streets in accordance with their functional classification and recognized design guidelines. All streets within the City of La Quinta shall be designed in accordance with the standards presented in Table CIR-2, City of La Quinta Roadway Design Standards (Attachment 2). Typical sections by roadway classification are shown in Figure CIR-4, Roadway Cross Sections." Table CIR-2 provides for a minimum of 1,200 linear feet between intersections on a Primary Arterial. The Proposed Text Amendment would add a footnote "No. 6" to Table Cir-2 which will require that a Corridor Master Plan of Traffic Signals be prepared to allow intersection spacing at a distance less than the currently mandated 1,200 linear feet. The Plan will be required to demonstrate that the proposed intersection and full turning movement signal can be properly and adequately coordinated with existing and future and signals and still achieve high quality mobility in the subject Arterial corridor; essential to the evaluation is a signal timing and spacing study. Corridor Master Plan of Traffic Signals (Specific Plan 2000-046) A method for evaluating development proposals that seek non-standard interspacing spacing (i.e., as required by the General Plan) is to prepare a Corridor Master Plan of Traffic Signals that demonstrates the proposed new intersection can be properly, and adequately, coordinated with other existing intersection signals and likely future signals, and still achieve high quality mobility in the subject arterial corridor. In compliance with the proposed General Plan Amendment, the applicant has prepared a Corridor Master Plan of Traffic Signals for Eisenhower Drive between Washington Street and Calle Tampico (Attachment 3). The applicant has prepared the master plan because the proposed full -turn intersection providing primary access to the project site is only 800 feet from the westerly access street into Laguna de la Paz and therefore does not comply with General Plan spacing requirement. The proposed full turr*)a intersection is 1,200 feet from Coachella Drive. 002 PABETTY\U.S.Homes\For CC\CC.staff rot. TT29436.wod The Corridor Master Plan demonstrates that it is possible to coordinate the signals on Eisenhower Drive in all three scenarios for a travel speed of forty five miles -per -hour (45 mph) if the proposed full -turn intersection is approved and subsequently warranted to have a signal. The General Plan lists the design speed for Primary Arterial streets as 50 MPH. The design speed is primarily used to make design level decisions when speed related design safety aspects are evaluated. The speed limit on Eisenhower Drive is 45 mph which is set on the basis of a speed survey prepared in accordance with the State Vehicle Code. Since the speed limit is 45 mph, it would be inappropriate to select a travel speed for signal coordination that exceeds the speed limit. Tentative Tract Map 29436 The Tentative Tract Map (Attachment 4) proposes 169 single family lots, eight lettered common lots, (180 total lots). The project also includes two remainder lots designated Open Space. The single family lots range in size from 10,008 square feet to 27,714 square feet with lot frontages ranging from 28 feet (frontages for irregular lots and lots fronting a cul-de-sac only) to 248 feet. The RL Zoning District requires a minimum lot size of 7,200 square feet. The subdivision takes access off Eisenhower Drive near the southern end of the property. A 20-foot deep landscaped lot with a meandering sidewalk and wall will be provided along Eisenhower Drive as required by the General Plan. The site is relatively flat where the single family lots are located; with pad elevations comparable or lower, with a minimum three foot differential, than the adjacent development, Laguna de La Paz. There is a 25 foot greenbelt between the existing wall at Laguna de La Paz and existing residential property lines. Environmental Assessment: Based on California Environmental Quality Act (CEQA) requirements, staff prepared Environmental Assessment 99-386 for the project. Staff recommends certification of a Mitigated Negative Declaration of Environmental Impact. On June 22, 2000, the City received from the Department of Fish and Game a letter dated June 19, 2000, regarding this project (Attachment 5 ). The first part of the letter addresses the issue of whether or not a streambed alteration permit is required pursuant to Section 1601 of the California Fish and Game Code. An existing mitigation measure outlined in EA 99-386 requires that "If required to do so by law, the Project Applicant shall enter into a Section 1603 Agreement with CDFG and obtain a 404 Permit from the Army Corps of Engineers, and comply with any additional conditions imposed in the Agreement or Permit." [ p.16 of the EA ] With regard t25I P:\BETTY\U.S.Homes\For CC\CC.staff rpt. TT29436.wpd 003 the Department's request on the last page of the letter suggesting that the Bighorn Sheep Mitigation fence be constructed as part of the project rather than being deferred to a point in time where Bighorn Sheep actually come near the project site, staff believes that fence mitigation measure (No. 6 on pages 15 & 16 of the EA) is appropriate as drafted. The concept of installing fencing only if the need for such fencing arises was specifically mentioned in the Draft Recovery Plan for the Peninsular Bighorn Sheep, which at page 73 states that "actual fence construction could be contingent upon future use by sheep and the ineffectiveness of other potential deterrents...." Public Notice: The case was advertised in the Desert Sun newspaper on May 23, 2000 and re -advertised on June 14, 2000. All property owners within 500 feet of the affected area were mailed a copy of the public notice as required. Written comments have been received and are attached (Attachment 6). Planning Commission Action: The Planning Commission considered the General Plan Amendment (GPA 2000-065), Corridor Master Plan of Traffic Signals (Specific Plan 2000-046), Tentative Tract Map 29436 request at its Public Hearing (Attachment 7). The Planning Commission voted 4-0 (Commissioner Robbins was absent) to recommend approval of a General Plan, tabled the Specific Plan for the Corridor Master Plan of Traffic Signals and recommended it be a submitted with a General Plan Amendment as a technical study, and approved the Tentative Tract Map, subject to conditions. FINDINGS AND ALTERNATIVES: Findings necessary to approve the tentative tract map can be made in accordance with the Subdivision Ordinance Section 13.12.130 and are contained in the attached Resolution. Findings necessary to approve the General Plan Amendment and Specific Plan in accordance with Zoning Code Sections 9.230.020.B.1-5 and 9.240.010. E.1-4, respectively, cannot be made for the following reasons: 1. The development community frequently requests the City to approve a full -turn intersection at a location where the spacing between the proposed intersection and existing intersections is less than what is allowed by the General Plan. To date, the City has consistently denied such requests for new intersections with a few exceptions allowed where drainage channels denied access to the proposed development site from the desired street at a location where the required spacing could be achieved. 2. The current General Plan does not embody the highly urbanized concepts commonly found elsewhere in Southern California. The current General Plan portrays a low density future for La Quinta that imparts a more open and 25 n PABETTY\U.S.Homes\For CC\CC.staff rpt. TT29436.wpd 004 spacious feel to our goal of a resort/residential environment. It does not necessarily follow that simply because something works it should be approved. In the case of this particular development, there is a reasonable and viable alternative for full -turn access. The alternate access can be achieved if the tract is slightly modified to to provide a full -turn access from the Tract 29568 by sharing access to the existing signal located at Coachella Drive that was installed with public funds. 3. The disadvantages of the applicant's proposed General Plan Amendment are significant and summarized as follows: a. The premise that signal coordination will make any future signal at the proposed signal intersection location "invisible" to existing traffic on Eisenhower Drive is a goal that cannot be fully achieved. The primary shortfall in achieving that goal for the proposed location is the fact signal coordination is not in effect 24 hours per day. Most of the day (during off-peak traffic hours) the signal will operate in a non -coordinated mode. As result, the signal will provide "green" time benefit to the residents of the new neighborhood throughout most of the day at the expense of existing La Quinta residents who currently pass through the proposed intersection without delay. b. In the coordinated mode (in effect during peak traffic hours only), the mobility benefit which accrues to the existing traffic on Eisenhower Drive occurs at the expense of side street traffic seeking access to Eisenhower Drive. Side streets traffic loses the opportunity to have ready access to "green" time when there is no traffic passing by on the arterial street because the signals are set in a "fix -time" mode to maintain coordination and cannot vary from that timing. C. In the coordinated mode, dynamic traffic conditions created by drivers using the arterial street such as: a long queue of cars pulling away from a signal that disrupt the desired steady flow of a platoon of cars approaching, or slow moving vehicles that indifferently impede the desired steady flow condition by driving slower than the coordination design speed. Other things that disrupt the desired steady flow condition include: parked vehicles, pedestrians, weather, and vehicles using direct access driveways. d. If the General Plan Amendment is approved, it will allow the development community to load La Quinta's Arterial streets with substantially more intersections and potential for future signals, than currently envisioned. Each of the additional signals will operate with same shortcomings and disadvantages noted above. 253 005 P:\BETTY\U.S.Homes\For CC\CC.staff rpt. TT29436.wpd 4. This intersection has the potential to meet signal warrants. There are eleven (1 1) distinct aspects of an intersection that are checked and evaluated to determine whether a signal is warranted for a given location. Four (4) of the aspects checked for warrants have no bearing on the intersection in question and merit no further discussion here. Five (5) of the aspects checked involve vehicular traffic volume generated by the side street in question, or in this case the development in question. This project appears to be small enough that the intersection may not meet any of the five (5) traffic volume related warrants. However, the final two (2) aspects checked for warrants clearly offer opportunity for this intersection, or any full turn intersection, to meet warrants. Neither aspect is very predictable prior to implementation; future traffic conditions can vary widely and impact these two warrant checks. One aspect focuses on the accident history of the intersection; the other aspect focuses on progressive movement of traffic on the arterial street. The latter aspect actually focuses on the lack of progressive movement on the arterial street which may be caused by nearby signals not providing a sufficient degree of platooning and speed control to constitute a progressive signal system. A low degree of platooning means the vehicular traffic stream on the arterial street is spread out and does not offer sufficient opportunity for side street traffic to gain access to the arterial street. Either aspect could become a significant consideration if localized civic pressure developed in the future favoring installation of a traffic signal. 5. The desire to achieve high quality access to a given development site can be extremely important for certain types of development at certain locations. As a result, the reasons for allowing "one more" signal at a given location can be quite compelling from time to time. The current General Plan policy regarding intersection spacing is in place to help ensure short term development achievements do not injure the long term vision for the community in general. Although the proposed General Plan Amendment is conceived with the concept of maintaining high quality mobility on the Arterial street while at the same time providing the potential to achieve quality access to a given development site, part-time signal coordination does not provide sufficient benefit to the community at large to justify an amendment that authorizes more signals on La Quinta's Arterial streets. Alternatives available to the City Council are: 1. Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of Environmental Impact (EA 99-386) according to the findings set. forth in the attached Resolution; and z5 006 PABETTY\U.S.Homes\For CC\CC.staff rpt. TT29436.wpd Adopt a Resolution of the City Council amending the General Plan text (Table CIR -2) to allow full turning movement intersection spacing less than 1,200 lineal feet for Primary Arterials in conjunction with the submittal of a Corridor Master Plan of Signals; and Adopt a Resolution of the City Council approving Tentative Tract 29436, a request to subdivide 75.86 acres into 169 residential lots and other common lots, subject to conditions, as recommended by the Planning Commission; or 2. Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of Environmental Impact (EA 99-386) according to the findings set forth in the attached Resolution; and Adopt a Resolution of the City Council denying the General Plan Text Amendment; and Adopt a Resolution of the City Council denying the Specific Plan for the Eisenhower Corridor Master Plan; and Adopt a Resolution of the City Council approval Tentative Tract Map 29436, subject to the Conditions of Approval; or 3. Continue the public hearing to a future meeting to allow for additional review; or 4. Provide staff with alternative direction. Respectfully submitted; JJrry HIrman C mmunity Development Director Approved for submission by: rlyt " -a� Thomas P. Genovese, City Manager J 007 P:\BETTY\U.S.Homes\For CC\CC.staff rpt. TT29436.wpd Attachments: 1. Location Map 2. General Plan Circulation Element Table CIR - 2 3. Eisenhower Corridor Master Plan of Signals for City Council only 4. Tentative Tract 29436 (reduced), Large scale for City Council only 5. Public comments received 6. Department of Fish and Game a letter dated June 19, 2000 7. Draft Planning Commission minutes of the meeting of June 27, 2000 2519 0 OF P:\BETTY\U.S.Homes\For CC\CC.staff rpt. TT29436.wpd ALTERNATIVE 1 & 2 RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR GENERAL PLAN AMENDMENT 2000-065, SPECIFIC PLAN 2000-046, TENTATIVE TRACT MAP 29436 CASE NO.: ENVIRONMENTAL ASSESSMENT 99-386 APPLICANT: U.S. HOME CORPORATION WHEREAS, the City Council of the City of La Quinta, California, did, on the 20th day of June and 51h day of July, 2000, hold duly -noticed Public Hearings to consider Environmental Assessment 99-386 for General Plan Amendment 2000-065, Specific Plan 2000-046 and Tentative Tract 29436 herein referred to as the "Project"; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 13th day of June, 2000, and 27th day of June, 2000, hold duly -noticed Public Hearings to consider Environmental Assessment 99-386 for General Plan Amendment 2000-065, Specific Plan 2000-046 and Tentative Tract 29436 herein referred to as the "Project" for U.S. Home Corporation, 8577 Haven Avenue, Suite 201, Rancho Cucamonga, California 91730; and, WHEREAS, said Project has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970"(as amended, Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA99-386) to evaluate the potential for adverse environmental impacts; and, WHEREAS, the Community Development Director has determined that said Project could have a significant adverse effect on the environment unless mitigation measures are implemented, and that a Mitigated Negative Declaration of Environmental Impact could be filed; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify certifying said Environmental Assessment: 1. The Project will not be detrimental to the health, safety, or general welfare of the community, either indirectly or directly, in that appropriate mitigation measures have been imposed which will minimize project impacts. 257 P:\BETTY\U.S.Homes\For CC\CC RESO EA 99-386.wpd Resolution 2000- Environmental Assessment 99-386 July 5, 2000 2. The proposed Project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. 3. Considering the record as a whole, there is no evidence before the City that the proposed project will have potential for adverse effect on wildlife resources or the habitat on which the wildlife depends. 4. The proposed Project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals as no significant effects on environmental factors by the Environmental Assessment. 5. The proposed Project will not have environmental effects directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. 6. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect setforth in 14 CAL Code Regulations §753.5(d). 7. There is no substantial evidence in light of the whole record, including EA 99- 386 and the comments received thereon, that the project will have a significant impact upon the environment. 8. Environmental Assessment 99-385 and the Mitigated Negative Declaration reflects the City's independent judgment and analysis. 9. The location and custodian of the record of proceedings relating to this project is the Community Development Department of the City of La Quinta, located at 78-495 Calle Tampico, La Quinta, California 92253. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitutes the findings of the City Council for this Environmental Assessment. P:\BETTY\U.S.Homes\For MCC RESO EA 99-386.wpd 258 0 1 '0 Resolution 2000- Environmental Assessment 99-386 July 5, 2000 2. That it does hereby certify Environmental Assessment 99-386 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum, on file in the Community Development Department. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of July, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSEN, City Attorney City of La Quinta, California 259 P:\BETTY\U.S.Homes\For CC\CC RESO EA 99-386.wpd 011. Environmental Checklist Form 1. Project Title: La Quinta Cove Project, Tentative Tract Map 29436 General Plan Amendment 2000-065 Specific Plan 2000-046 2. Lead Agency Name and Address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact Person and Phone Number: Fred Baker, 760-777-7125 4. Project Location: North side of Eisenhower Drive, east of Coachella Drive APNs: 623-310-008, 623-310-009, 631-311-001 to 003, 631-312-001 to 020, 643-090-004, 643-090-025 5. Project Sponsor's Name and Address: US Homes Corp. 8577 Haven Avenue, Suite 201 Rancho Cucamonga, CA 91730 6. General Plan Designation: Low Density Residential and Open Space 7. Zoning: Low Density Residential and Open Space 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) Tentative Tract Map to divide 190.51 gross acres into 169 residential lots on Low Density Residential designated land. General Plan text amendment to allow for spacing of traffic signals at a distance less than the currently mandated 1,200 lineal feet under cetain circumstances. Master Plan of Signals to implement the General Plan text amendment, and allow a signal at the project entry, approximately 1,200 lineal feet from the existing signal at Coachella Drive. 9. Surrounding Lane Uses and Setting: Briefly describe the project's surroundings. North: Santa Rosa Mountains South: Low Density Residential (La Quinta Country Club) East: Low Density Residential (Laguna de la Paz) West: Vacant land, designated for Low Density Residential 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) None 26 O PACEQAchecklis.wpd 0 9 2 i y znvironmentai ractors Potentially Anected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Agriculture Resources Air Quality Biological Resources Cultural Resources Geology and Soils Determination Hazards and Hazardous Materials Hydrology and Water Quality Land Use Planning Mineral Resources Noise Population and Housing (To be completed by the Lead Agency.) On the basis of this initial evaluation: Public Services Recreation Transportation/Traffic Utilities and Service Systems Mandatory Findings I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed- I- 0 I find that although the proposed project could have a significant effect on the enviromment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR. pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. 3:��x FJ Si a to � s1 Printed Name For U 133 Evaluation of Environmental Impacts: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the reference information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general .standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on- site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVIII, "Earlier Analysis," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVIII at the end of the checklist. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The analysis of each issue should identify: a) the significance criteria or threshold used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance 262 014 PACEQAchecklis.wpd Sample question: Issues (and Supporting Information Sources): Would the proposal result in potential impacts involving: I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? (General Plan Exhibit CIR-5) b) Damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (General Plan EIR, page 5-12 ff.) c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? (Application materials) IL AGRICULTURAL RESOURCES:. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Dept. Of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to non-agricultural use? (Master Environmental Assessment 5-29, 5-32) _ b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing environment which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? (Aerial photographs) III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable Air Quality Attainment Plan or Congestion Management Plan? (SCAQMD CEQA Handbook) b) Violate any stationary source air quality standard or contribute to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook) d) Expose sensitive receptors to substantial pollutant concentrations? (Application Materials) e) Create objectionable odors affecting a substantial number of people? (Application Materials) Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact X X X X X X 94 X X X X P:\CEQAchecklistEA 99-386.wpd IV. BIOLOGICAL RESOURCES: Would the project: a) Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (Biological Assessment, James Cornett, April, 2000, revised May 22, 2000) b) Have a substantial adverse impact on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (Biological Assessment, James Cornett, April, 2000, revised May 22, 2000) c) Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) Either individually or in combination with the known or probable impacts of other activities through direct removal, filling, hydrological interruption, or other means? (Biological Assessment, James Cornett, April, 2000, revised May 22, 2000) d) Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? (Biological Assessment, James Cornett, April, 2000, revised May 22, 2000) e) Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy or ordinance? (La Quinta Municipal Code; General Plan) f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or state habitat conservation plan? (Master Environmental Assessment 5-5; Biological Assessment, James Cornett, April, 2000, revised May 22, 2000) V. CULTURAL RESOURCES: Would the project: a) Cause a substantial adverse change in the significance of a historical resource which is either listed or eligible for listing on the National Register of Historic Places, the California Register of Historic Resources, or a local register of historic resources? (CRM Tech, Cutlural Resources Report and Phase II Analysis, 1999) b) Cause a substantial adverse change in the significance of a unique archaeological resources (i.e., an artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it contains information needed to answer important scientific research questions, has a special and particular quality such as being the oldest or best available example of its type, or is directly associated with a scientifically recognized important prehistoric or historic event or person)? (CRM Tech, Cutlural Resources Report and Phase II Analysis, 1999) c) Disturb or destroy a unique paleontological resource or site? (Paleontology Lakebed Map) d) Disturb any human remains, including those interred outside of formal cemeteries? (CRM Tech, Cutlural Resources Report and Phase II Analysis, 1999) VI. GEOLOGY AND SOILS: Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: X X X X X X X X X �i 264 PACEQAchecklistEA 99-386.wpd 016 i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (General Plan EIR, Exhibit 4.2-3, page 4-35) ii) Strong seismic ground shaking? (General Plan EIR, page 4-30 ff.) iii) Seismic -related ground failure, including liquefaction? (General Plan EIR, page 4-30 ff.) iv) Landslides? (General Plan EIR, page 4-30 ff.) b) Result in substantial soil erosion or the loss of topsoil? (Preliminary Geotechnical Evaluation, GeoSoils, Inc., April, 1999) c) Be located on a geological unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on - or off -site landslides, lateral spreading, subsidence, liquefaction or collapse? (Supplemental Rockfall Evaluation, GeoSoils, Inc., October, 1999) d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (Preliminary Geotechnical Evaluation, GeoSoils, Inc., April, 1999) e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal of waste water? (Master Environmental Assessment 5-32) VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Application Materials) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment? (Application Materials) c) Reasonably be anticipated to emit hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application Materials) d) Is the project located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (County Hazardous Materials Listing) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a private airstrip; would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (Master Environmental Assessment 6-11) h) Expose people or structures to the risk of loss, injury or death involving wildlands fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) X X X X X X X X X X X X X X X X ij N is 017 PACEQAchecklistEA 99-386.wpd VIII. HYDROLOGY AND WATER QUALITY: Would the project: a) Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? (Master Environmental Assessment 6-26, 6-27) b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? (General Plan EIR, page 4-57 ff.) c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? (Hydrologic Analysis, Mainiero, Smith & Assoc., August, 1999) d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? (Hydrologic Analysis, Mainiero, Smith & Assoc., August, 1999) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems to control? (Hydrologic Analysis, Mainiero, Smith & Assoc., August, 1999) f) Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Hydrologic Analysis, Mainiero, Smith & Assoc., August, 1999) g) Place within a 100-year floodplain structures which would impede or redirect flood flows? (Master Environmental Assessment 6-13) IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? (Aerial photos) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local costal program, or zoning ordinance) adopted for the purposes of avoiding or mitigating an environmental effect? (General Plan Amendment materials) c) Conflict with any applicable habitat conservation plan or natural communities conservation plan? (Master Environmental Assessment 5-5) X. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource classified MRZ-2 by the State Geologist that would be of value to the region and the residents of the state? (Master Environmental Assessment 5-29) b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment 5-29) X X X X X X X ►94 X X R, 266 P:\CEQAchecktistEA 99-386.wpd fi18 XI. NOISE: Would the project result in: a) Exposure of persons to, or generation of, noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (General Plan EIR, Exh. 4.9-1) b) Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? (General Plan EIR, Exh. 4.9-1) c) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (Application materials) d) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (Master Environmental Assessment) e) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive levels? (General Plan Land Use map) XII. POPULATION AND HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure) ? (General Plan, page 2-14) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Application Materials) c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Application Materials) XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, page 4-3 ff. ) Police protection? (General Plan MEA, page 4-3 ff. ) Schools? (General Plan MEA, page 4-9 ff. ) Parks? (General Plan; Recreation and Parks Master Plan) Other public facilities? (General Plan MEA, page 4-14 ff. ) XIV. RECREATION: a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application Materials) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application Materials) X X X X X X X X X X X X X X R. 019 267 PACEQAchecklistEA 99-386.wpd XV. TRANSPORTATION/TRAFFIC: Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (Application materials, General Plan FEIR, p. 4-126 ff.) b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (Application materials, General Plan FEIR, p. 4-126 ff.) c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (Application materials, General Plan FEIR, p. 4-126 ff.) d) Substantially increase hazards to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Application materials, General Plan FEIR, p. 4-126 ff.) e) Result in inadequate emergency access? (Application Materials) f) Result in inadequate parking capacity? (Application Materials) g) Conflict with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Application materials, General Plan FEIR, p. 4-126 ff.) XVI. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, page 4-24 ) b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, page 4-24 ) c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, page 4-27) d) Are sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, page 4-20) e) Has the wastewater treatment provider which serves or may serve the project determined that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (General Plan MEA, page 4-20) f) Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs?(General Plan MEA, page 4-28) X X X X X X X X X X X X X PACEQAchecklistEA 99-386.wpd XVII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects)? d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVIII EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a) Earlier analyses used. Identify earlier analyses and state where they are available for review. The General Plan EIR of 1992 was used in this analysis. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant ' with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. See attached Addendum. 10 X X X 269 021. PACEQAchecklistEA 99-386.wpd 10 Addendum to Environmental Checklist, EA 99-386 I. a) The proposed project is located on a Primary Image Corridor, as depicted on Exhibit CIR-5 of the General Plan. The roadway is also designated as a Primary Arterial in the General Plan. The Tentative Tract Map includes a setback area of 20 feet, which will provide the required setbacks to protect the Image Corridor. By complying with the General Plan standards, the applicant is providing sufficient mitigation to reduce potential impacts to a level of insignificance. b), c) The proposed project occurs immediately below the toe -of -slope of the Santa Rosa Mountains. The Tract Map does not, however, propose to subdivide lots above the toe -of -slope. Rather, the slope areas along the northern boundary of the proposed project will remain in Open Space. This will preserve the scenic value of the hillsides, and reduce impacts to a less than significant level. In order to protect these areas in perpetuity, the following mitigation measure shall be implemented: The 3 remainder parcels shown on Tentative Tract Map 29436 shall be deed restricted as permanent open space prior to recordation of the Final Tract Map. I. d) There will be new . light sources and potential for glare from automobile headlights with buildout of the proposed project. The General Plan EIR analyzed the project site, at planned densities. The proposed project will be required to comply with the City's standards for outdoor lighting. These measures will serve to reduce potential impacts to an acceptable level. II. The project site does not involve agricultural uses. III. c) & d) The implementation of low density residential land uses on the project site was analyzed under the 1992 General Plan EIR. City-wide, impacts to air quality are expected to continue as buildout occurs. Improvements in technology which are likely to reduce impacts, particularly from motor vehicles or transit route improvements in the future have the potential to reduce impacts. The City, at the time of certification of the General Plan EIR determined that air quality impacts required a Statement of Overriding Considerations, which determined that the impacts to air quality of development of the Plan would be cumulative only when considered in conjunction with regional development, and that the City would implement all feasible measures to reduce emissions within its boundaries. The implementation of the proposed project, therefore, is not expected to have a significant impact on air quality resources. 270 022 P:\BETTY\U.S.Homes\EA Addendum USHomes.WPD 11 Addendum to Environmental Checklist EA 99-386 - U S Homes Grading and site preparation of the subject property is expected to occur in several distinct phases. Mass grading of the entire site is expected to occur at one time, and will take approximately 30 working days to complete. Construction equipment will include three scrapers, a motor grader, rubber -tire front end loader, bulldozer, and two water trucks. It is anticipated that precise grading will occur in four phases, each of which will encompass about 20 ± acres and will require about 10 working days to complete. Each phase will require the operation of a motor grader, skip loader, excavator, backhoe, water truck and dump truck. The Utilities Installation phase of development will include installation of water, sewer, curb/gutter, and dry utilities, as well as street grading. This process is expected to occur in four phases and will take approximately 60 days per phase, for a total of approximately 240 working days. Each phase will require a backhoe, motor grader, front end loader, and water truck. Each piece of construction equipment will operate for approximately eight hours per day and will require two construction workers to operate. The following table provides an estimate of construction -related emissions, including those associated with the operation of construction equipment and those from construction worker commuter vehicles. Table I Anticipated Construction -Related Emissions (pounds/day) Pollutant Development Phase Threshold Criteria* * Mass Utilities Precise Total Pounds Grading Install. Grading Per Day ROGs 11.69 14.76 27.24 80.00 Carbon Monoxide 65.02 80.08 210.72 820.00 Nitrogen Oxides 179.84 217.24 504.36 80.00 Sulfur Oxides 23.19 34.20 50.20 220.00 Particulates 17.17 21.80 33.64 220.00 * * Threshold criteria offered by the South Coast Air Quality Management District for assistance in determining the significance of air quality impacts. As shown in the table above, no threshold criteria are expected to be exceeded during grading and site preparation, with the exception of nitrogen oxides. This daily threshold could be exceeded during mass grading, precise grading and the Z P:\BETTY\U.S.Homes\EA Addendum USHomes.WPD 12 023 Addendum to Environmental Checklist EA 99-386 - U S Homes installation of utilities. Mass grading is expected to occur for only a 30 day period, while precise grading will require about 40. The impacts from these activities are therefore short term, and will not represent a long term permanent impact. Although the installation of utilities is expected to take about 240 days to complete, it will occur in four distinct phases, each of which represents a temporary, short term impact. They are not expected, therefore, to be significant. Operational emissions include moving exhaust emissions from residents of the proposed project. Buildout of the project will result in the construction of 169 single-family homes. The following moving exhaust emission projections assume an average of 10 vehicle trips per day per dwelling unit, and an average trip length of 5 miles. Table II Anticipated Operations -Related Emissions (pounds/day) ROG CO NOx PM10 Project -Related Emissions 2.05 43.09 6.34 0.38 SCAQMD Thresholds 175.00 1 550.00 1 100.00 150.00 As shown in the table above, operational emissions associated with project buildout are not expected to exceed SCAQMD thresholds for any criteria pollutants. The Coachella Valley has been a non -attainment area for PM 10 (particles of 10 microns or less). The proposed project will result in 169 single family dwelling units. The primary long term air quality impact caused by these units will be from the operation of automobiles; short term impacts are also likely from construction activities. The proposed project shall implement the following mitigation measures to mitigate impacts to air quality. 1. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 2. Existing power sources should be utilized where feasible via temporary power poles to avoid on -site power generation. 3. Construction personnel shall be informed of ride sharing and transit 272 P:\BETTY\U.S.Homes\EA Addendum USHomes.WPD 13 024 Addendum to Environmental Checklist EA 99-386 - U S Homes opportunities. 4. The project shall submit a PM 10 Plan to the City which includes adequate provisions for fugitive dust and wind erosion control, both during and after grading operations. The PM 10 Plan shall be approved by the City prior to the issuance of any grading permit on the site. 5. Any portion of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. 6. Watering of the site or other soil stabilization method shall be employed on an on -going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 7. All disturbed areas shall be treated to prevent erosion until the site is constructed upon. Pad sites which are to remain undeveloped shall be seeded with either a desert wildflower mix or grass seed. 8. Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. 9. SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction -related dirt on approach routes to the site. 10. Construction roads other than temporary access roads shall be paved as soon as possible, and once paved shall be cleaned after each work day. All unpaved roads shall be posted with a 15 mile per hour speed limit. 11. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour. 12. All buildings on the project site shall conform to energy use guidelines in Title 24 of the California Administrative Code. IV. a), b) & f) A biological Assessment was prepared for the proposed project. The assessment included field surveys to determine the presence of listed, endangered or threatened species. The survey found that portions of the project site have been significantly impacted by roadway development and off -road 27,7 vehicle use. No listed, threatened or endangered species were found on the P:\BETTY\U.S.Homes\EA Addendum USHomes.WPD 14 - 025 Addendum to Environmental Checklist EA 99-386 - U S Homes project site. The project site occurs adjacent tot he Santa Rosa Mountains, which is habitat for the federally listed Peninsular bighorn sheep. No sheep or sheep sign was located on the project site. Continued urbanization adjacent to bighorn sheep habitat has the potential to indirectly impact the animal. In order to mitigate the indirect impacts of the proposed project on the species, the following mitigation measures shall be implemented: Prior to the issuance of grading permits, the applicant shall provide an easement to be recorded for the three remainder parcels on the subject property, to remain undeveloped open space. The easement shall be approved by the City Attorney prior to recordation. No blasting or pile -driving shall be permitted as part of the construction of this project during bighorn lambing season, from Jan. 1 to June 30. In the final project design, the applicant shall ensure that the roads and driveways within the tract are designed to minimize headlight shine from vehicles onto the hillsides. This design shall be reviewed and approved by the Community Development Department. All landscaping on the proposed greenbelts, retention basins and common open space shall be non -toxic to the Peninsular bighorn sheep. All exotic plants and plants which are known to invade or degrade Peninsular bighorn sheep habitat, such as tamarisk and fountain grass, shall be prohibited. All landscaping plans shall be reviewed and approved by the Architecture and Landscaping Review Committee. The design of lighting for homes within the project shall incorporate the use of non -glare glass. Exterior lighting shall be kept at a minimum, and shall be aimed away from the hillsides. All lighting plans shall be reviewed and approved by the Community Development Department. To assess the need for a buffer fence between the development and the toe of the slope of the hillside to keep Peninsular bighorn sheep off the project site on an ongoing basis, a three person committee shall be formed to monitor the Peninsular bighorn sheep activity in the area. The committee shall consist of a member of the Homeowners' Association (HOA), an official of the California Department of Fish and Game (CDFG), and the Community Development Director. The committee shall monitor sheep activity through various means, including interviews with residents, and any available scientific information or Z P:\BETTY\U.S.Homes\EA Addendum USHomes.WPD 15 026 Addendum to Environmental Checklist EA 99-386 - U S Homes studies to be funded by the HOA. If bighorn sheep are entering the project site, the committee shall require the HOA, at its expense, to construct an 8 foot fence between the development and the hillsides. The fence shall not contain gaps of greater than 11 centimeters (4.3 inches). If fencing is required, and if the HOA is requested to do so by the CDFG, the HOA shall, at its expense, construct temporary fencing to the specifications of the CDFG to prevent Peninsular bighorn sheep from entering the project site pending construction of the permanent fence. The committee shall exist for at least ten years, unless the Peninsular bighorn sheep are removed from the threatened or endangered species list, or no longer inhabit the Santa Rosa Mountains. If, at the end of the 10 year period, any member of the committee deems it appropriate to keep the committee in existence, the committee shall continue to function until it is unanimously agreed by its members that it is no longer necessary. The project's Codes, Covenants and Restrictions (CC&Rs) shall prohibit unleashed dogs within the project site. Dogs shall not be permitted in any of the drainage areas along the perimeter of the tract adjacent to the hillsides. The CC&Rs shall prohibit human access from the tract to the hillsides. The project shall be designed so as to not facilitate persons entering the hillsides from the project site. To the extent that any portion of the project site begins to be used by persons entering the hillside, the Homeowners' Association shall post notices to discourage such use. The CC&Rs shall require that all swimming pools be fenced. Prior to the issuance of grading permits, the Project applicant shall submit a plan demonstrating that all pesticides, fungicides, herbicides and fertilizers to be used during the construction and operation of the site will not be harmful to wildlife. This plan shall be subject to the approval of the Community Development Department, and once approved shall be incorporated into the CC&Rs. If required to do so by law, the project applicant shall obtain a Section 2081 permit from CDFG. If required to do so by law, the applicant shall enter into a Section 1603 Agreement with CDFG and ovtain a 404 Permit from the Army Corps of Engineers, and comply with any additional conditions imposed in the Agreement or Permit. The a portion of the project occurs within the boundaries of the Coachella Valley fringe -toed Lizard Habitat Conservation Plan, and shall be required to contribute a mitigation fee of $100 per acre towards the purchase of off -site habitat. This mitigation measure will reduce the potential impacts of the proposed project to P:\BETTY\U.S.Homes\EA Addendum USHomes.WPD 16 0 2 7 Addendum to Environmental Checklist EA 99-386 - U S Homes less than significant levels. V. a) & b) Phase I and Phase II Cultural Resource Reports were conducted for the proposed project'. The analysis concluded that there were 9 potentially significant archaeologic or historic sites on or adjacent to the property. A Phase II investigation was recommended and undertaken. The site investigation resulted in seven of the nine sites not being considered significant, as defined by CEQA. One site, a rock shelter, was recommended for further testing and preservation. 10% of the site is to be tested to determine whether buried artifacts are present, and 90% of the site is to be preserved. The other, a trail which occurs outside the development area, should be protected from future access. The project was reviewed by the Historic Preservation Commission at its meeting of January 6, 2000. The Commission accepted the recommendations made by the project archaeologist, and these mitigation measures are hereby incorporated into this environmental assessment by reference. VI. a) i) The proposed project does not occur in an Alquist-Priolo Fault Zone. Hazards from ground rupture are not expected to be significant. VI. a) ii) The City does occur in an area subject to significant seismic ground shaking. The project site is located in a Zone III groundshaking zone. The City has adopted the provisions of the Uniform Building Code for this hazard. Construction of any structure on the project site will conform to these standards, and will reduce the potential hazard to a less than significant level. VI. a► iii) A preliminary soils engineering report was prepared for the proposed project2. The proposed project does not occur in a liquefaction hazard area. The depth to groundwater in. the project area is estimated to be more than 100 feet. The soils i "Cultural Resources Report, La Quinta Cove Project," prepared by CRM Tech, May 1999; and Phase II cultural mitigation for same, also by CRM Tech. z "Preliminary Geotechnical Evaluation... for US Home Corporation," prepared by Geosoils, Inc., April, 1999. f 028 P:\BETTY\U.S.Homes\EA Addendum USHomes.WPD 17 Addendum to Environmental Checklist EA 99-386 - U S Homes on the site are loose silty sand, which has the potential to shift in a seismic event. The soil engineering report prepared for the proposed project recommends over -excavation and recompaction of the site in any area where structures are proposed. The findings of the report are preliminary, and not based on construction plans. The City's standards for site preparation and geologic analysis, as detailed below, will reduce this potential impact to a less than significant level. VI. a) iv) The proposed project occurs adjacent to the foothills of the Santa Rosa Mountains. A rock fall analysis was prepared for the proposed project3. The analysis included site investigations and modeling of conditions at the site to determine stability of the slopes. The study resulted in a finding that the east -southeast -facing slopes and the westerly -facing slopes around the site "have a moderate potential for toppling or wedge failure type of rock fall to occur." In order to mitigate this potential hazard, the following mitigation measures are recommended: In conjunction with the preparation of final grading plans, the applicant shall prepare, or cause to be prepared, a rock fall mitigation plan, to include but not be limited to catchment systems, and impact/diversion walls or berms. The plan shall include a construction phasing schedule which determines when the protection structure(s) must be completed in order to protect surrounding homes. Such a plan shall be prepared at a scale of 1 " = 40% and shall be reviewed and approved by the City Engineer prior to the issuance of grading permits. A qualified soils engineer shall be on -site during the grading of the project, to confirm and/or further evaluate geologic conditions. If adverse geologic structures are encountered, supplemental recommendations and earthwork shall be recommended and submitted to the City Engineer for review and approval. All data provided in the "Preliminary Geotechnical Evaluation" and the "Supplemental Rock Fall Evaluation" report shall be applied to the design of the site. VI. b), c) & d) As discussed above, the soils on the proposed site are loose silty sand. As such, unstable soil conditions can occur from improper grading or excavation. 3 "Supplemental Rock Fall Evaluation... for US Home Corporation," prepared by Geosoils, Inc., October, 1999. 277 - 029 P:\BETTY\U.S.Homes\EA Addendum USHomes.WPD 18 Addendum to Environmental Checklist EA 99-386 - U S Homes VIII. a) The City's standards for site preparation shall be adhered to in all site preparation activities. In order to reduce the impacts of unstable soils on the proposed site, the following mitigation measure shall be implemented: Prior to issuance of a grading permit on the proposed site, the applicant shall submit, for review and approval by the City Engineer, a detailed, site specific soil study. The findings in this study shall be the basis for all grading plans on the project site. All development activity has the potential to concentrate pollutants and cause a hazard to water quality. The proposed project includes a system of retention basins designed to retain the 100 year, 24-hour storm on site. The City's requirements for such facilities include standards for swales, oil separators and other structures which ensure that contaminants are removed from surface waters. The imposition of these standards will reduce the potential impacts to water quality to a less than significant level. VIII. b) Development consistent with the proposed project was analyzed under the City's General Plan EIR in 1992. Although continued development will impact the Valley's groundwater supplies, the impacts are being mitigated through groundwater recharge programs, and the percolation of surface water in retention basins. The Coachella Valley Water District (CVWD), which will provide water to the proposed project, continues to implement programs to conserve water. The project's impacts on groundwater supplies are not expected to be significant. VI11. c), d) & e) The City requires that all projects retain the 100 year, 24-hour storm on -site. The proposed project must also retain off -site flows which can be expected from the adjacent hillsides. The diversion of these flows into the planned system of retention basins will represent a substantial change from the sheet flooding which typically occurs on undeveloped desert lands. The project design includes de -silting basins which will control the potential for erosion on the project site. The implementation of the project's planned drainage and retention system will reduce the potential impacts of flooding both on and off site, and control the release of flood waters from the site. The potential impacts of flooding, with implementation of the proposed drainage system, are expected to be less than significant. IX. b) The proposed project includes a request which would conflict with existing 27,9 -. 030 P:\BETTY\U.S.Homes\EA Addendum USHomes.WPD 19 Addendum to Environmental Checklist EA 99-386 - U S Homes General Plan Policy 3-2.1.5 and Table CIR-2. To eliminate this conflict, the applicant has requested a General Plan Text Amendment, which would modify the City's current standards. The City currently requires that signalized intersections on Primary Arterials be a minimum of 1,200 feet apart. The proposed General Plan Amendment would allow the modification of this standard under certain conditions, and with the implementation of a Master Plan of Signals. The proposed project would allow a signalized intersection at a distance of 1,000 fee from another. The applicant has provided the Master Plan of Signals (SP 2000-046) and has therefore complied with the requirements of the General Plan Amendment. Should the Amendment be adopted, the proposed project will not conflict with the General Plan. (Technical discussion regarding the implementation of a reduced standard is included under item XV, below.) XI. a) & c) The proposed project occurs along Eisenhower Drive, which has noise levels, immediately adjacent to the right -of way, in excess of 60 dBA CNEL. The balance of the property occurs in an area where noise levels do not exceed 60 dBA CNEL. A landscape parkway, wall and retention area are planned for the frontage along Eisenhower Drive. The closest single family home will be located at least 25 feet from the roadway right-of-way. Land uses consistent with the proposed project were analyzed in the General Plan EIR in 1992. Residential land uses are considered sensitive receptors. The construction of the project with a perimeter wall, will lower potential noise impacts from circulation activity on Eisenhower Drive. In order to ensure that the homes which abut Eisenhower Drive do not exceed City standards, the following mitigation measure shall be implemented: Prior to the issuance of building permits for homes which abut the Eisenhower Drive right-of-way, the applicant shall provide analysis to the Community Development Department demonstrating that exterior noise levels in the rear yards of these homes will not exceed the City's exterior noise standard in place at that time. The implementation of this mitigation measure will reduce potential impacts to a less than significant level. XIII. a) Development consistent with the proposed project was analysed in the General Plan EIR. The impacts to public services from this project will not be significant. Cumulative impacts associated with buildout of the City have been addressed through the imposition of Impact Fees, and plans for future public facilities and services, to which this project will contribute. 279 031 P:\BETTY\U.S.Homes\EA Addendum USHomes.WPD 20 Addendum to Environmental Checklist EA 99-386 - U S Homes XIV. a) Development consistent with the proposed project was analyzed in the General Plan EIR. The projects retention basins will provide for passive recreational opportunities for its residents. The impacts to parks and recreation from this project will not be significant. Cumulative impacts associated with buildout of the City have been addressed through the imposition of Impact Fees, and plans for future parks, to which this project will contribute. XV. a) & b) Development consistent with the proposed project was analyzed in the General Plan EIR. The levels of service on Eisenhower Drive are expected to be acceptable at buildout. The proposed project will not contribute significantly to the area's traffic. Prior to the issuance of building permits, the applicant shall be required to pay the City's Development Impact Fee. The impact fee funds an improvement program established by the City to pay for a specific scope of improvements identified to mitigate impacts to the General Plan circulation system caused by a specific threshold of anticipated development. XV. d) The proposed project includes a General Plan Text Amendment which would require a Corridor Master Plan of Signals to allow a reduction in the distance between intersections for Primary Arterial roadways. The applicant has requested a full turning movement intersection for the proposed project entrance which is from 800 feet the potential full turning movement intersection (one of two full turning movement driveways) at Laguna de la Paz. The Villa La Quinta project, located adjacent and southwesterly of the proposed project, will take access at Coachella Drive. The traffic analysis prepared for that project included analysis of shared access at the Coachella Drive intersection, plus a right -in -right -out -left -in access point at the center of the property, 1,000 feet to the north. An alternative, which included no shared access but the same restricted access at the project entrance, showed that left turn movements would double at Coachella Drive. The shared access at Coachella Drive was therefore the preferred alternative. The issue of traffic safety is of particular concern on Eisenhower Drive because of the significant curve in the roadway. The proposed General Plan Amendment would also allow the reduction in standards throughout the City, on a case by case basis. The amendment would clear the way for this project to have a proposed signal, if the Signal Master Plan demonstrates that the signals in the corridor can be adequately synchronized. The proposed signal would serve only the proposed project, and no other development. The lands on the east side o Eisenhower are developed, and no 'access is taken at that point in the roadway80 03 P:\BETTY\U.S.Homes\EA Addendum USHomes.WPD 21 Addendum to Environmental Checklist EA 99-386 - U S Homes Further, this proposed amendment is not necessary to provide access to the property. Access can be achieved by either right -in -right -out -left -in, and/or by sharing access to the project at Coachella Drive, if signalized access is desired by the proponent. The General Plan amendment, and associated full turning movement intersections, will have a potentially significant impact on traffic movement on Eisenhower Drive and access to adjacent properties. 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' y- N Nm �a U c N m 3 W Lu H fA co W �O m U fn D W = U co N a n NLU�> cn W X t}/) J Z O Q in a 3 29 0 0 a 049 W U_ a PLANNING COMMISSION RECOMMENDATION ALTERNATIVE 1 RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT TO MODIFY THE CIRCULATION ELEMENT GENERAL PLAN AMENDMENT 2000-065 APPLICANT: U.S. HOME CORPORATION WHEREAS, the City Council of the City of La Quinta, California, did on the 20th day of June, 2000, and 5th day of July, 2000, hold duly -noticed Public Hearings to consider amending the City of La Quinta General Plan Circulation Element, Policy 3-2.1.5, Table Cir-2 to modify the minimum required intersection spacing standard for Arterial Streets in conjunction the submittal of a Corridor Master Plan of Signals, as shown on Exhibit A: and WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 13th day of June, 2000, and 27th day of June, 2000, hold duly -noticed Public Hearings to consider amending the City of La Quinta General Plan Circulation Element, Policy 3-2.1.5, Table Cir-2 to modify the minimum required intersection spacing standard for Arterial Streets, as shown on Exhibit A; and WHEREAS, said the General Plan Amendment request has complied with the requirements of the California Environmental Quality Act of 1970 (as amended), pursuant to the adoption of Resolution 83-68 by the City Council, in that the Community Development Director has conducted an initial study (EA 99-386), and determined that the General Plan Amendment will not have a significant adverse impact on the environment and a Mitigated Negative Declaration of Environmental Impact is recommended; and, WHEREAS, at said Public Hearings, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings of approval to justify approving said General Plan Amendment: 1. This Amendment will not create conditions materially detrimental to the public health, safety, and welfare in that the applicant submit a Corridor Master Plan of Traffic Signals. 2. This Amendment is internally consistent with those goals, objectives, and policies of the General Plan not being amended in that the Amendment affects circulation which already exist as a part of the Plan. That the General Plan Amendment is compatible with the existing and anticipated area development in the project, as conditioned, provides adequate circulation. The General Plan 298 Circulation Element identifies Eisenhower Drive as a Primary Image Corridor; it - 050 PABETTY\U.S.Homes\For CC\GPA RESO COPY.wpd Resolution 2000- General Plan Amendment 2000-065 July 5, 2000 will have street improvements with a landscaped median and abundant landscaping contiguous to the street right-of-way consistent with Circulation Policy 3-4.1 .2. The landscape setbacks are consistent with Circulation Element Policy 3-4.1.11. The project, as conditioned, is consistent with the goals, objectives, and policies of the General Plan Circulation Element. 3. The situation and general conditions have substantially changed since the existing standards were imposed in that residential development has created a need for adjustments to signal spacing. 4. That the General Plan Amendment is within an area that will be provided with adequate utilities and public services to ensure public health and safety. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Council in this case; 2. That it does hereby recommend adoption of Environmental Assessment 99-386, a Mitigated Negative Declaration, indicating that the proposed General Plan Amendment will not result in any significant environmental impacts; 3. That it does hereby recommend approval of the above -described General Plan Amendment request for the reasons set forth in this Resolution, and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 5th day of July, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California 299 051. P:\BETTY\U.S.Homes\For CC\GPA RESO COPY.wpd Resolution 2000- General Plan Amendment 2000-065 July 5, 2000 ATTEST: JUNE S. GREEK, CITY CLERK City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSEN, City Attorney City of La Quinta, California 300 - 1 05^ P:\BETTY\U.S.Homes\For CC\GPA RESO COPY.wpd TABLE CIR-2 LA QUINTA ROADWAY DESIGN STANDARDS DESCRIPTION OF MAJOR FPRIMARY SECONDARY COLLECTOR ' LOCAL CUL-VE SAC DESIGN CRITERIA ARTERIAL ARTERIAL ARTERIAL 'STREETS STREETS STREETS Typical 24-Hour 24,000-40,500 20,000-28,500 12,000-22,500 3,000-13,500 3,000 Maximum 3,000 Maximum Traffic Volume Range Design Speedy) 60 MPH 50 MPH 40 MPH 30 MPH 25 MPH 25 MPH Minimum Intersection Spacing 2,600' 1,200' 600' 300' 250' --- (6) Full access by Full access by Access to signalized inter- signalized inter - Adjoining Property section only; section only; Avoid full access Avoid in some OK OK avoid right in/ right in/right out where possible(2) cases(2) right out driveways(�) driveways where ossible(�) 32' single loaded Typical Curb -to -Curb Width 96' 76' - 86' 64' 40'- 50' 36' - 40' 36' double loaded Typical Median Width 18' Median 12' - 18' Median Typically Typically Typically Radius No Median No Median No Median - 38' public mid -block on - 45' private Minimum Horizontal Curve 1,800' 1,200't3l 650'(3) 350'(4) 200'(4) 200'(4) Radius Notes to Table CIR-2 m (1) Speed limits are set by the traveling public using the 85th percentile method. If the roadway is straight and terrain is flat, the speed limit could in certain instances exceed the design speed. ^� stated on this chart. Therefore, not all design decisions can be based on this design criteria. (2) Driveway locations must be a minimum of 250' from the nearest intersection. (3) Street must be superelevated if minimum is utilized. (4) LJEW situations may require exemption, e.g., short streets, limited setbacks and other physical constraints. (5) YWle parking along the curb shall be prohibited. (6) Mired to submit a Corridor Master Plan of Traffic Signals for intersection spacing less than identified. ALTERNATIVE 2 RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DENYING A GENERAL PLAN AMENDMENT TO MODIFY THE CIRCULATION ELEMENT GENERAL PLAN AMENDMENT 2000-065 APPLICANT: U.S. HOME CORPORATION WHEREAS, The City Council of the City of La Quinta, California, did on the 20" day of June, 2000, and 5T" day of July, 2000, hold duly -noticed Public Hearings to consider amending the City of La Quinta General Plan Circulation Element, Policy 3-2.1.5, Table Cir-2 to modify the minimum required intersection spacing standard for Arterial Streets, generally located north of Eisenhower Drive, east of Coachella Drive; and WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 13th day of June, 2000, and 27th day of June, 2000 hold duly -noticed Public Hearings to consider amending the City of La Quinta General Plan Circulation Element, Policy 3-2.1.5, Table Cir-2 to modify the minimum required intersection spacing standard for Arterial Streets; and WHEREAS, at said Public Hearings, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to justify denying said General Plan Amendment: 1. The proposed Amendment is not consistent with the goals, objectives, and policies of the General Plan Circulation Element in that to allow a full turning movement intersection for the proposed tract is not consistent with the General Plan Goal, Objective, and Policy 3-2.1.5. 2. The proposed Amendment is not internally consistent with the General Plan Circulation Element Goal 3-3 in that a full turning movement intersection may require a traffic signal for one development project does not provide the desired and appropriate access control envisioned in this goal. 3. The proposed Amendment is not consistent with General Plan Circulation Element Goal 3-4, Policy 3-4.1.1 Policy 3-4.1.2, and Policy 3-4.1.3 in that an additional full turning movement intersection may require an additional traffic signal does not create the Image Corridor envisioned as the design character and identity desired by the citizens of La Quinta. 4. The situation and general conditions regarding the existing and anticipatdv, %'P! .3, J, development in the area have not substantially changed since the existing '- standards were imposed in that residential development has not created a need for adjustments to signal spacing. _. 054 PABETTY\U.S.Homes\For CC\CC RESO GPA 2000-065.wpd Resolution 2000- General Plan Amendment 2000-065 July 5, 2000 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case. 2. That it does hereby require compliance with those mitigation measures required for Tentative Tract Map 29436. 3. That it does approve of the above described Tentative Tract Map 29436 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council held on this 5T" day of July, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: 303 M. KATHERINE JENSEN, City Attorney CJ City of La Quinta, California PABETTY\U.S.Homes\For CC\CC RESO GPA 2000-065.wpd ALTERNATIVE 2 RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DENYING THE EISENHOWER CORRIDOR MASTER PLAN OF TRAFFIC SIGNALS CASE NO. SPECIFIC PLAN 2000-046 APPLICANT: U.S. HOMES CORPORATION WHEREAS, The City Council of the City of La Quinta, California, did on the 20th day of June, 2000, and 5TH day of July, 2000, hold duly -noticed Public Hearings to consider to consider a Eisenhower Corridor Master Plan of Traffic Signals for Tentative Tract 29436, generally located north of Eisenhower Drive, east of Coachella Drive more particularly described as: A. P. N.'S: 623-310-008, 623-310-009, 631-31 1-001, 631-31 1-003, 631-312- 001, 631-312-020 643-090-025, and 643-090-004 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 13TH day of June, 2000, and 27th day of June, 2000, hold a duly noticed Public Hearings to consider a Eisenhower Corridor Master Plan of Traffic Signals for Tentative Tract 29436 generally located north of Eisenhower Drive, east of Coachella Drive. WHEREAS, at said Public Hearings, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings of approval to justify denying said Specific Plan: 1. That the proposed Corridor Master Plan of Traffic Signals is not consistent with the General Plan Goal, Objective, and Policy 3-2.1.5. 2. That the proposed Corridor Master Plan of Traffic Signals will create conditions materially detrimental to the public health, safety, and welfare in that the resulting circulation and traffic signal timing will not ensure current and future development plans and resulting traffic patterns and traffic signal timing on Eisenhower Drive are adequately provided. 3. The Corridor Master Plan of Traffic Signals is not compatible with the existing and anticipated area development in that the project does not provide adequate circulation and traffic signal spacing. NOW, THEREFORE, BE IT RESOLVED by the City Council of th City of La Quinta, California, as follows: 4 PABETTYW.S.Homes\For CC\CC RESO SP 2000-046.wpd -. 056 Resolution 2000- Specific Plan 2000-046 July 5, 2000 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby require compliance with those mitigation measures required for Tentative Tract Map 29436; 3. That it does approve of the above described Tentative Tract Map 29436 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 5T" day of July, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSEN, City Attorney City of La Quinta, California 305 PABETTY\U.S.Homes\For CC\CC RESO SP 2000-046.wpd 051 ALTERNATIVE 1 & 2 RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF 75.86 ACRES IN THE LOW DENSITY RESIDENTIAL ZONING DISTRICT INTO 169 SINGLE FAMILY LOTS, AND EIGHT LETTERED LOTS, LOCATED NORTH OF EISENHOWER DRIVE, EAST OF COACHELLA DRIVE CASE NO.: TENTATIVE TRACT MAP 29436 APPLICANT: U.S. HOME CORPORATION WHEREAS, the City Council of the City of La Quinta, California, did on the 20th day of June and 51h day of July, 2000, hold duly noticed Public Hearings to consider a request of U.S. Home Corporation to subdivide 75.86 acres in the Low Density Residential Zoning District into 169 single family lots, and other lettered lots generally located north of Eisenhower Drive, east of Coachella Drive; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 13T" day of June, 2000, and 271h day of June, 2000, hold duly noticed Public Hearings to consider the subdivision of 75.86 acres in the Low Density Residential Zoning District into 169 single family lots, and other lettered lots generally located north of Eisenhower Drive, east of Coachella Drive, more particularly described as: A. P. N.'S: 623-310-008, 623-310-009, 631-31 1-001, 631-31 1-003, 631-312-001, 631-312-020 643-090-025, and 643-090-004 WHEREAS, the Members of the Planning Commission have carefully reviewed and considered Environmental Assessment 99-386 and the comments received thereon prior to reaching their decision on the project; and WHEREAS, said Tract Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63). The Community Development Department has prepared an Environmental Assessment 99-386 for this project which states the project will not have a significant impact on the environment based on Conditions; and, WHEREAS, at said Public Hearings, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to approve said Tentative Tract Map 29436: 306 058 P:\BETTY\U.S.Homes\For CC\PC RESO TT 29436 .wpd Resolution 2000- Tentative Tract 29436 - U. S. Home Corporation July 5, 2000 Finding Number 1 - Consistency with the General Plan The project is consistent with the City's General Plan Low Density Residential Land Use designation of 2 to 4 dwelling units per acre. The proposed Tentative Tract Map is consistent with the City's General Plan with the implementation of Conditions of Approval to provide for adequate stormwater drainage. Finding Number 2 - Consistency of Design and Improvements The design and improvements of the proposed subdivision are consistent with the City's General Plan, with the implementation of recommended Conditions of Approval to ensure proper street widths, perimeter walls, parking requirements, and timing of their construction. Finding Number 3 - Consistency of Public Easements As conditioned, the design of the subdivision, or type of improvements, will not conflict with easements, acquired by the public at large, for access through, or use of property within the subdivision. Finding Number 4 - Public Health and Safety The design of the subdivision and type of improvements, as conditioned, are not likely to cause serious public health problems, in that this issue was considered in Environmental Assessment 99-386 in which no significant health or safety impacts were identified for the proposed project. Finding Number 5 - Suitability of Site The design of the subdivision amendment, or the proposed improvements, are not likely to cause substantial environmental damage, or substantially, and unavoidably injure fish or wildlife, or their habitat, in that Environmental. Assessment 99-386, prepared for Tract 29436 did not identify any significant impacts for this issue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1 . That the above recitations are true and constitute the findings of the City?,9 7► Council in this case; P:\BETTY\U.S.Homes\For CC\PC RESO TT 29436 .wpd u59 Resolution 2000- Tentative Tract 29436 - U. S. Home Corporation July 5, 2000 2. That it does hereby require compliance with those mitigation measures required for Tentative Tract Map 29436; 3. That it does approve Tentative Tract Map 29436 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council held on this 5T" day of July, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSEN, City Attorney City of La Quinta, California P:\BETTY\U.S.Homes\For CC\PC RESO TT 29436 .wpd 060 RESOLUTION 2000- CONDITIONS OF APPROVAL TENTATIVE TRACT 29436- RECOMMENDED J U LY 5, 2000 GENERAL CONDITIONS OF APPROVAL 1 . Upon conditional approval by the City Council of this development application, the City Clerk shall prepare and record, with the Riverside County Recorder, a memorandum noting that conditions of approval for development of the property exist and are available for review at City Hall. 2. The subdivider agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this tentative map or any final map thereunder. The City shall have sole discretion in selecting its defense counsel. The subdivider agrees that this obligation shall continue in full force and effect even if, as a result of the action or proceeding, the approval of the tentative map is ordered to be set aside. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 3. This tentative map and any final maps thereunder shall comply with the requirements and standards of § §66410 through 66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Charter and Municipal Code (LQMC). 4. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. The applicant shall comply with applicable provisions of the City's NPDES 309 stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall submit a copy of the CWQCB P:\BETTY\U.S.Homes\For MCC COA TT 29436.wpd 061. RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 29436 - U. S. HOME JULY 5, 2000 acknowledgment of the applicant's Notice of Intent prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. 5. Final maps under this tentative map shall be subject to the provisions of the Development Impact Fee program in effect at the time of final map approval. PROPERTY RIGHTS 6. Prior to approval of a final map, the applicant shall acquire or confer easements and other property rights required of the tentative map or otherwise necessary for construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction, and reconstruction of essential improvements. 7. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 8. Right of way dedications required of this development include: A. PUBLIC STREETS 1. Eisenhower Drive - 50-foot from centerline of the existing raised median. B. PRIVATE STREETS 1. Residential: 37-foot width. Width may be reduced to 33 feet with parking restricted to one side or 29 feet if on -street parking is prohibited provided there is adequate off-street parking for residents and visitors and the applicant makes provisions for ongoing enforcement of the restrictions. 2. Collector: 41-foot width. C. CULS DE SAC 1. Public or Private: Use Riverside County Standard 800 (symmetric) or 800A (offset); Public - 45-foot radius, Private - 38.5-foot radius. 3� 062 P:\BETTY\U.S.Homes\For CC\CC COA TT 29436.wpd 2 RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 29436 - U. S. HOME JULY 5, 2000 9. Right of way geometry for knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 10. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 1 1. If the City Engineer determines that access rights to proposed street rights of way shown on the tentative map are necessary prior to approval of final maps dedicating the rights of way, the applicant shall grant the necessary rights of way within 60 days of written request by the City. 12. The applicant shall dedicate ten -foot public utility easements contiguous with and along both sides of all private streets. The easements may be reduced to five feet with the express concurrence of IID. 13. The applicant shall create perimeter setbacks along public rights of way as follows (listed setback depth is the average depth if meandering wall design is approved): A. Eisenhower Drive - 20-foot The setback requirement applies to all frontage including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall dedicate blanket easements for those purposes. 14. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 15. The applicant shall vacate abutter's rights of access to public streets and properties from all frontage along the streets and properties except access points shown on the approved tentative map. 16. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 311 P:\BETTY\U.S.Homes\For CC\CC COA TT 29436.wpd - S6 3 RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 29436 - U. S. HOME JULY 5, 2000 17. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties or notarized letters of consent from the property owners 18. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval of this tentative map by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. FINAL MAP(S) AND PARCEL MAP(S) 19. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. IMPROVEMENT PLANS As used throughout these conditions of approval, professional titles such as "engineer," "surveyor," and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 20. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping. Precise grading plans shall have signature blocks for Community Development Director and the Building Official. All other plans shall have signature blocks for the City Engineer. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, entry drives, gates, and parking lots. "Landscaping" plans shall normally include irrigation improvements, landscape lighting and entry monuments. "Precise Grading" plans shall normally include perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 312 P:\BETTY\U.S.Homes\For CC\CC COA TT 29436.wpd - 464 RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 29436 - U. S. HOME JULY 5, 2000 21. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 22. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. IMPROVEMENT AGREEMENT 23. Depending on the timing of development of the lots or parcels created by this map and the status of off -site improvements at that time, the subdivider may be required to construct improvements, to construct additional improvements subject to reimbursement by others, to reimburse others who construct improvements that are obligations of this map, to secure the cost of the improvements for future construction by others, or a combination of these methods. In the event that any of the improvements required herein are constructed by the City, the Applicant shall, at the time of approval of a map or other development or building permit, reimburse the City for the cost of those improvements. 24. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to approval of a final map or parcel map or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 25. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution oP 13 ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. P:\BETTY\U.S.Homes\For CC\CC COA TT 29436.wpd 065 5 RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 29436 - U. S. HOME JULY 5, 2000 Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, development -wide improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 26. If improvements are phased with multiple final maps or other administrative approvals (e.g., Site Development Permits), off -site improvements and common improvements (e.g., retention basins, perimeter walls & landscaping, gates) shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 27. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan or in an improvement agreement, the City shall have the right to halt issuance of building permits or final building inspections, withhold other approvals related to the development of the project or call upon the surety to complete the improvements. GRADING 28. This development shall comply with Chapter 8.11 of the LQMC (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish certifications as required by FEMA that the above conditions have been met. 29. Prior to issuance of a grading permit, the applicant shall furnish a preliminary geotechnical ("soils") report and an approved grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. A statement shall appear on final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 314 U66 P:\BETTY\U.S.Homes\For CC\CC COA TT 29436.wpd 6 RESOLUTION 2000- CONDITIONS OF APPROVAL RECOMMENDED TENTATIVE TRACT 29436 - U. S. HOME JULY 5, 2000 30. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 31. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract or parcel map, but not sharing common street frontage, where the differential shall not exceed five feet. The limits given in this condition and the previous condition are not entitlements and more restrictive limits may be imposed in the map approval or plan checking process. If compliance with the limits is impractical, however, the City will consider alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 32. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a Fugitive Dust Control plan prepared in accordance with Chapter 6.16, LQMC. The applicant shall furnish security, in a form acceptable to the City, in an amount sufficient to guarantee compliance with the provisions of the permit. 33. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 34. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each pad, the certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times. DRAINAGE The applicant shall comply with the provisions of Engineering Bulletin No. 97.03 and the following: 35. Stormwater falling on site during the peak 24-hour period of a 100-year storm (the design storm) shall be retained within the development unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. 36. Stormwater shall normally be retained in common retention basins. Individual -lot 315 basins or other retention schemes may be approved by the City Engineer for lots P:\BETTY\U.S.Homes\For CC\CC COA TT 29436.wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 29436 - U. S. HOME JULY 5, 2000 2'/2 acres in size or larger or where the use of common retention is impracticable. If individual -lot retention is approved, the applicant shall meet the individual -lot retention provisions of Chapter 13.24, LQMC. 37. Storm flow in excess of retention capacity shall be routed through a designated, unimpeded overflow outlet to the historic drainage relief route. 38. Storm drainage historically received from adjoining property shall be retained on site or passed through to the overflow outlet. 39. Retention facility design shall be based on site -specific percolation data which shall be submitted for checking with the retention facility plans. The design percolation rate shall not exceed two inches per hour. 40. Retention basin slopes shall not exceed 3:1. Maximum retention depth shall be six feet for common basins and two feet for individual -lot retention. 41. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leachfield approved by the City Engineer. The sand filter and leechfield shall be designed to contain surges of 3 gph/1,000 sq. ft. (of landscape area) and infiltrate 5 gpd/1,000 sq. ft. 42. In developments for which security will be provided by public safety entities (e.g., the La Quinta Safety Department or the Riverside County Sheriff's Department), retention basins shall be visible from adjacent street(s). No fence or wall shall be constructed around basins unless approved by the Community Development Director and the City Engineer. 43. If the applicant proposes discharge of stormwater directly or indirectly to the Coachella Valley Stormwater Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to issuance of any grading, construction or building permit and shall be. binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the CC&Rs for meeting these potential obligations. 316 P:\BETTY\U.S.Homes\For CC\CC COA TT 29436.wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 29436 - U. S. HOME JULY 5, 2000 44. The tract shall be designed to accommodate purging and blowoff water from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. UTILITIES 45. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 46. Existing aerial lines within or adjacent to the proposed development and all proposed utilities shall be installed underground. Power lines exceeding 34.5 kv are exempt from this requirement. 47. Utilities shall be installed prior to overlying hardscape. For installation of utilities in existing, improved streets, the applicant shall comply with trench restoration requirements maintained or required by the City Engineer. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 48. The applicant shall install the following street improvements to conform with the General Plan street type noted in parentheses. (Public street improvements shall conform with the City's General Plan in effect at the time of construction.) A. OFF -SITE STREETS 1. Eisenhower Drive - Construct 38-foot half of 76-foot improvement (travel width, excluding curbs) plus 6-foot sidewalk. B. PRIVATE STREETS 1. Residential: 36-foot travel width. Width may be reduced to 32 feet with parking restricted to one side or 28 feet with on -street parking prohibited if there is adequate off-street parking for residents and visitors and the applicant provides for perpetual enforcement of the restrictions by the homeowners association. C. CULS DE SAC 317 1. Use Riverside County Standard 800 (symmetric) or 800A (offset), with 38-foot curb radius. 069 P:\BETTY\U.S.Homes\For CC\CC COA TT 29436.wpd 9 RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 29436 - U. S. HOME JULY 5, 2000 Entry drives, main interior circulation routes, turn knuckles, corner cutbacks, bus turnouts, dedicated turn lanes, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. 49. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs, and sidewalks. Mid -block street lighting is not required. 50. The applicant may be required to extend improvements beyond development boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 51. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 52. Knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 53. Streets shall have vertical curbs or other approved curb configurations which convey water without ponding and provide lateral containment of dust and residue for street sweeping. If a wedge or rolled curb design is approved, the lip at the flowline shall be vertical (1 /8" batter) and a minimum of 0.1 ' in height. Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. 54. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Residential & Parking Areas 3.0" a.c./4.50" c.a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" 55. The applicant shall submit current mix designs (less than two years old at the 318 time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design P:\BETTY\U.S.Homes\For CC\CC COA TT 29436.wpd 0;0 10 RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 29436 - U. S. HOME JULY 5, 2000 procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 56. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on - site streets are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the tract or when directed by the City, whichever comes first. 57. General access points and turning movements of traffic are limited to the following: A. "A" Street at Eisenhower Drive shall be full turn movements (both from Eisenhower Drive and onto Eisenhower Drive) unless General Plan Amendment No. 2000-065 is denied. If General Plan Amendment No. 2000- 065 is denied, "A" Street at Eisenhower Drive shall be limited to right turn in, right turn out, and left turn in (both from Eisenhower Drive and onto Eisenhower Drive). B. Emergency access (20-foot wide) shall be provided from the end of the cul- de-sac in "D" Street to Eisenhower Drive."D" Street emergency access at Eisenhower shall be limited to right turn movements only (both from Eisenhower Drive and onto Eisenhower Drive. C. If full turning movement access to the project at Eisenhower Drive is desired by the applicant, then the project site plan must be reconfigured to provide an access point aligned with the existing intersection at Eisenhower Drive and Coachella Drive. LANDSCAPING 58. The applicant shall provide a predominantly desert landscaping theme in required setbacks, retention basins, common lots, and park areas. 59. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. The applicant shall submit plans for approval by the Community DevelopmenB r 9 Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the P:\BETTY\U.S.Homes\For CC\CC COA TT 29436.wpd 11 RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 29436 - U. S. HOME JULY 5, 2000 Riverside County Agricultural Commissioner prior to submitting for• signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 60. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. 61. A perimeter block wall (sound attenuation barrier) shall be constructed along Eisenhower Drive. An emergency access gate (designed per Fire Marshal's requirements) shall be installed at the southerly terminus of the emergency access road which extends from the cul-de-sac in "D" Street. 62. A perimeter block wall shall be constructed along the project's westerly boundary from Eisenhower Drive to the foot of the mountains. 63. At locations where the proposed development shares a common property line with the Laguna De La Paz project (Tract 20052) where an existing wall encloses properties in the adjacent development, the Applicant shall accomplish the Zoning Code required 5-foot minimum wall height in accordance with one of the following methods: A. If permission from the adjacent property owner is received, and if additional wall height can be structurally achieved, add additional course(s) of matching block to the existing wall. This alternative shall be rejected by the adjacent landowner before utilizing the second alternative. B. If the adjacent property owner does not consent to the first alternative, the Applicant shall achieve the 5-foot minimum wall height by constructing a new wall, with matching block, adjacent the existing wall as close as physically possible, and fill the empty space between the two walls with pea gravel and slurry cap. The two walls shall be structurally bound together with tie rods. 64. A 6-foot sidewalk shall be constructed along Eisenhower Drive. The sidewalk shall meander within the 32-foot Right -of -Way and setback. QUALITY ASSURANCE 65. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. n 0 072 P:\BETTY\U.S.Homes\For CC\CC COA TT 29436.wpd 12 RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 29436 - U. S. HOME JULY 5, 2000 66. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 67. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included ,in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans, specifications and applicable regulations. 68. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all improvement plans which were signed by the City. Each sheet shall be clearly marked "Record Drawings," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster -image files previously submitted to the City to reflect as -constructed conditions. MAINTENANCE 69. The applicant shall make provisions for continuous, perpetual maintenance of all on -site improvements, perimeter landscaping, access drives, and sidewalks. The applicant shall maintain required public improvements until expressly released from this responsibility by the appropriate public agency. FEES AND DEPOSITS 70. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. FIRE MARSHALL 71. Fire hydrants in accordance with CVWD Standard W-33 shall be located at each street intersection spaced not more than 330 feet apart in any direction with no portion of any lot frontage more than 165 feet from a fire hydrant. Minimum fire flow shall be 1000 gpm for a two hour duration at 20 psi. 72. Prior to recordation of the final map, applicant/developer shall furnish one blueline copy of the water system plans to the Fire Department for review/approval. The plans shall conform with the Fire Marshal's requirements for types, location and spacing of hydrants and fire flow requirements. Plans shall be signed/approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 3''1 y73 P:\BETTY\U.S.Homes\For CC\CC COA TT 29436.wpd 1 RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 29436 - U. S. HOME JULY 5, 2000 73. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. 74. The minimum dimensions for fire apparatus access roads entering and existing this project shall have an unobstructed width of not less than 20 feet in each direction and an unobstructed vertical clearance of not less than 13 feet 6 inches. 75. Gated entrance and exit openings shall be not less than 16 feet in width. All gates shall be located at least 40 feet from the roadway and shall open to allow a vertical stop without obstructing traffic on the road. Gates shall have either a secondary power supply or an approved manual means to release mechanical control of the gate in the event of loss of primary power. Power operated gates shall be equipped with an override system consisting of KS-2P series Knox Key Operated switches. MISCELLANEOUS 76. The three remainder parcels shown on Tentative Tract Map 29436 shall be deed restricted as permanent open space prior to recordation of the Final Tract Map. 77. Adjacent to Laguna da la Paz (Lots 4 through 38 of Tentative Tract Map 29436) dwelling units shall be single story and shall not exceed 22 feet in height. 78. Prior to final map approval, Lots 69 and 79, cul-de-sac lots, shall be required to have a minimum lot frontage of 35 feet per Section 9.50.030, Table of Development Standards, of the Zoning Code. 79. If a new signal is installed at the main entrance, the applicant shall pay for 100% of the cost to design and install the signal including hardwire interconnect to Coachella Drive and conduit with pull rope to the main entrance providing access to Laguna de la Paz. 80. If a new signal is installed at the main entrance, the applicant shall enter into an agreement, prior to final map approval, to fund the operating, maintenance, and replacements cost of the signal including a proportionate share of the signal coordination system. The applicant shall assign the agreement to the homeowner's association as a funding responsibility of the association for as long as a signal provides traffic control on Eisenhower Drive. 322 074 P:\BETTY\U.S.Homes\For CC\CC COA TT 29436.wpd 14 LOCATION MAP ATTACHMENT 1 01- L0 . LAJ Z .Q WASH I N GTO N. STREET N Lo W Z W Q EISENHOWER DRIVE 3w3 076 6 ATTACHMENT 2 a f X = O o O V r W W� ca a � Y co d y � •� o O N y a c O m N �N c y'�op�r°0iiov !! ;._-_..... 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ATTACHMENT #5 City of La Quints Planning Commission La Quints City Hall 78495 Cabe Tampico La Quints XA 92253 June 5, 2000 Gendmen, In regard to the General Plan Amendment 2000-065, Specific Plan 2000-046, Tentative Tract 29463, it is difficult to understand how the La Quints Development Department could have arrived at a negative environtmental assessment, claiming there would be no adverse environmental effect on the proposed area of development. This would be a questionable conclusion unless the aim of the City of La Quints is to cover the small amount of vacant land with cookie cutter houses in a sea of petunias. According to the very skimpy drawings on the notice of public hearing, the land in question appears to that which skirts the foot of the magnificent mountians, the view of which is a major attraction of La Quints. To obscure that skyline at night by street lights and in the day by more of those accursed and ubiquitous palm trees would be a crime. That area is now the habitat for coyotes, snakes, birds (especially the wacky road runners and dainty quail) and the stately hawks which soar overhead in search of food. Further the drainage looks to be inadequate with stagnant water remaining long after every storm. In addition, cutting of the access to trail to the ridge would be a great disservice to many hikers. Having no knowledge of the "spacing standards" which the developers hope to circumvent, I can only say we need all the space we can get in this formerly wide open desert. Thank you for your kind attention. Jane H. Jorgensen 815 Columbia St. South Pasadena, CA 91030 626-799-7292 Pz 326 ofA C,4 u 9 a;�,3 079 I -, , (? j . I t-15� CUce �� u l �-i trr Commun.Lty AAzbcZat-Zon P, 0. Box 162 La Quinta Ca 92253 au rN telephone: 760/564-2177 FAX: 760/564-4882 �P rq � May 2, 2000 RECEfVF, MAY - 5 20M Mr. Thomas P. Genovese City Manager CITY OF LA QUINTA P. 0. Box 1504 La Quinta CA 92253 Dear Tom: Thank you for the meeting we had yesterday to discuss our problem at our Coachella Exit gate. As you know, we have over 400 members who are concerned about the safety of our people when utilizing the Coachella/Eisenhower Gate area. Our major concern is that we are now going to be faced with an additional 500 to 600 homes and time share units that will be using that intersection (Coachella/Eisenhower). We discussed a lot of possibilities for this intersection and surely one or more of the ideas could solve our problem. At this time, my understanding is that the intersection will to be completely redisgned: the islands removed or relocated, streets widened, turn lanes redesigned, etc. It seems to us that if all that has to be done then we should expect the City to address our problem at the time this intersection is redesigned. We would like to be part of the plan and hope to be included in the up —front planning. I feel good about our open discussion at Monday's meeting and hope we are now in the loop to. get a solution to our safety concerns for that intersection. sin ely, LES HAGEN LH/at cc: Jerry Herman, Director Community Development Chris Vogt, Director Public Works/City Engineer 3 n 8 081. C : \W52000\D00LW"T\01 \GEWNE8E . 2 ATTACHMENT 6 STATE OF CALIFORNIA - THE RESOURCES AGENCY GRAY DAVIS, Governor DEPARTMENT OFFISH AND GAME 330 Golden Shore, Suite 50 Long Beach, California 90802 (310) 590-5113 1A RFcQ ,y F9 C: o June 19, 2000 Mr. Jerry Herman City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253 U. S. Homes Corporation Environmental Assessment 99-386 Dear Mr. Herman: The Department of Fish and Game (Department) has reviewed the above -referenced project, relative to impacts to biological resources on several occasions. The proposed project is located in the north side of Eisenhower Drive and east of Coachella Drive. The proposed project consists of Tentative Tract Map to divide 190.51 gross acres into 169 residential lots on Low Density Residential designated land. General Plan text amendment to allow for spacing of traffic signals at a distance less than the currently mandated 1,200 lineal feet. 1601-1603 Lake and Streambed Alteration Agreements This project requires a 1603 Lake and Streambed Alteration Agreement from the Department. The Department is a Responsible Agency regarding the issuance of 1601-1603 Lake and Streambed Alteration Agreements (Agreements). Potential impacts to waters of the United States, wetlands or jurisdictional streambeds should be determined during the California Environmental Quality Act (CEQA) process, not following it. The lead agency can consult with the Department on project impacts and mitigation and incorporate a discussion of recommended mitigation measures in the CEQA document. The Department is implementing new procedures for processing Agreements. In this regard, the Department is notifying lead agencies that projects which will result in impacts to lakes or jurisdictional streambeds must include the supporting biological studies and CEQA-required analysis in the text of CEQA-certified documents. Any information necessary to the issuance of an Agreement must be processed via CEQA. If the information necessary for the issuance of an Agreement is included with the CEQA documents and has been subject to CEQA and public 3 0 9 review, the Agreement can be processed per Department procedures. Information which the 08OIL? Mr. Jerry Herman June 19, 2000 Page 2 Department requires for its issuance of an Agreement which has not been CEQA-certified must be again subject to the CEQA process for public review. In this scenario, the Department has several options: 1) the lead agency can initiate a subsequent CEQA document and forward it to the Department following completion of the CEQA process, and 2) the Department can become lead agency. This same process applies to other discretionary actions, such as CESA Incidental Take Permits. The Department prefers that the applicant submit an Agreement application with information approved during the CEQA process. The Department is available for consultation on projects prior to submittal of an Agreement application. Ordinarily, the information required includes: a description of the direct and indirect impacts of the project on the lake or stream; a biological survey of the lake or stream and identification of the absence or presence of riparian resources (flora and fauna); a discussion of environmental alternatives; a discussion of avoidance measures to reduce project impacts; and a discussion of potential mitigation measures required to reduce the project impacts to a level of insignificance. The applicant and lead agency should keep in mind that the State also has a policy of no net loss of wetlands. The Department understands that this Agreement process is new to most applicants and lead agencies. The Department also understands that this is not the way Agreements have been processed in the past and that delays in Agreement processing may result. In order to avoid delays or repetition of the CEQA process, the lead agency should consult with the Department to discuss potential project impacts and avoidance and mitigation measures. This change in Agreement procedure is a result of litigation. The Department is under a writ of mandate from a State of California Superior Court regarding the processing of Agreements (Mendocino Environmental Center vs California Department of Fish and Game, Respondents, Bruce Choder, River Rat Salvage et al, Real Parties). The write of mandate states in part: A writ of mandate shall issue ordering the California Department of Fish and Game on or before May 1, 1999, to prepare and implement a program or process that will incorporate a CEQA review into the Fish and Game Section 1603 process. The writ of mandate shall further order the California Department of Fish and Game to cease and desist entering into Section 1603 agreements after May 1, 1999, unless such agreements have been subject to a CEQA review. Therefore, the Department is advising the lead agency that all potential impacts to biological resources and sensitive habitat areas be analyzed in the Environmental Ascessment document, along with specific measures and alternatives to avoid or mitigate for the loss of sensitive biological resources. A 1989 statute requires that public agencies adopt reporting or monitoring programs to ensure mitigation measures are implemented. In this connection, mitigation measures have to be specific, have to be capable of being implemented and must be capable of being monitored. This is not the case with the mitigation measures in the Environmental Assessment. 330 083 Mr. Jerry Herman June 19, 2000 Page 3 Peninsular Bighorn SheeQ The Department is concerned that the Environmental Assessment Report did not reference Fish and Game Code Section 4700. Which states, 'Tully protected mammals or parts thereof may not be taken or possessed at any time and no provision of this code or any other law shall be construed to authorize the issuance of permits or licenses to take any fully protected mammal and no permits or licenses heretofore issued shall have any force or effect for that purpose." A reference to this Fish and Game Code Section 4700 should be made part of the Environmental Assessment Report. The Department recommends that the buffer fence to avoid impacts to the Peninsular bighorn sheep be completed as part of the project and not subject to a committee's decision at a later date. Thank you for the opportunity to comment on this document. A Streambed Alteration Agreement application is available by contacting Teresa Newkirk at (760) 251-4817 or via our web site at: www.dfg.ca.gov. Please submit all Streambed Alteration Agreement applications to our Long Beach Office, at the letterhead address listed above, until further notice. Any questions you may have concerning this letter should also be directed to Ms. Newkirk. Sincerely, Glenn Black Supervisor Habitat Conservation - South Region 6 cc: Scott McCarthy, U. S. Fish and Wildlife Service, Carlsbad 331 ATTACHMENT #7 Planning Commission Minutes June 13, 2000 inspections of homes and other habitable buildings only when the buildings have improved streets." Staff's concern is that they not have people moving into homes with partially completed streets. Commissioner Tyler stated the condition did not establish precise criteria for final inspection of the streets. Staff would rewrite the condition to be more clear. CALLO Commissioners Abels, Butler, Tyler, and Chairman K l - J OES: None. ABSENT: Commissioner Robbins. ``..: AfF ' , None. Specific pt ( 00-046, and Tract Map 29436; a request of Mainiero Smith arl A4`sociates for US Homes for a recommendation to certify a Mitigate- Negative Declaration of Environmental Impact; recommend approal of a General Plan Text Amendment to allow spacing less than 1,20, lineal feet for Primary Arterials in conjunction with a Corridor Mauer Plan for Traffic Signals; recommend approval of a Specific Plan for Eisenhower Corridor Master Plan of traffic signals; and recommend approval to subdivide 75.86 acres into 169 residential lots and other amenity lots to be located on the north side of Eisenhower Drive, eas3117 Coachella Drive. 085 C:\My Documents\WPDOCS\PC6-27-OO.wpd 3 Planning Commission Minutes June 13, 2000 1 . Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 5. Cis" , oner Butler asked for a clarification on the sensitive in*ection shown on Exhibit 3 of the Diagram. Senior Engineer Steve Speer stated they are existing full turn intersections. Once you have an existing full turn intersection and it meets warrants, you could have a signal at this location, unless the City Council took a different alternative. Commissioner Butler asked if this would compound the problem. Staff stated no. Even if all the sensitive locations were added in this signal time coordination, it still works. Commissioner Butler asked if there had been any dialog with the applicant to move the signal to another location. 333 C:\My Documents\WPDOCS\PC6-27-OO.wpd 4 086 Planning Commission Minutes June 13, 2000 possibly sharing it with the adjacent property owner. Staff stated yes, and staff believes it is their Plan B, which is staff's preference, but the applicant has consistently stated they do not want to share a signal. 6. Commissioner Tyler asked if there were any ArterialS,IreetS in the City that conform to a timing diagram as (,is nior Engineer Steve Speer stated the County received gram y to coordinate Washington Street from Calle Tyco to0�2. There was h( i 3LEc,Et E`x� a break in the Time Space Diaas Hi 1 could not, .41 Commr -'!fie'r Abel questioned the distance between the �.. t sect& suggested signals. Staff stated that is why the MO, 07 lty,£has thdiftacing requirements they have. The alternative is taa you could coordinating the signals you could theoretically bem invisible to the traffic that is using the street. Commissioner Abels asked if there had been any traffic problems 4orted on Eisenhower Drive. Staff stated that when complaints :e received staff requests a warrant study at the intersections to see if they reach warrants and then they look into what will solve the problems. You cannot solve everyone's problem to the degree they want it solved. Discussion followed regarding traffic problems. 9. Chairman Kirk stated that in terms of how we measure success, he assumes that the amount of green time is the measurement of success. Mr. Watanabe stated it is green time, but you actually 3 3 4 C:\My Documents\WPDOCS\PC6-27-OO.wpd 5 r, p VOr Planning Commission Minutes June 13, 2000 are looking at a reduction in overall congestion and improvement in overall travel time and air quality. It has been proven that a car standing still produces more carbon monoxide than a car moving down the road efficiently. The object is to get the cars down the street, but not necessarily fast. C:\My Documents\WPDOCS\PC6-27-OO.wpd 6 088 Planning Commission Minutes June 13, 2000 Washington Street. It is workable and the Time Space Diagram indicates it can be reasonably coordinated, and this is the kind of tool they believe will help the City. Their project consisting of 169 lots, with less than 1,700 cars a day, will not meet the warrants for a traffic signal at this intersection. If the speeds go down to 40 mph, it is even less likely to meet warrants. EE, The project proposed to the south of their project is a,"' ie sere and while their project could be redesigned for a sh " access that would have a quality feel to it, agaiO is n ething they can control. They estimate that 80 of the trams their project R, €€E E �. €C would want to go left at th intersection. f the tr t1c would result in 275 miles o tra tl "el to go a vt to Street; 100,000 s", p es a year and t is Washingtonif they can make a u-turn or use the sess. They have been told that because of the design of thatxion they may not even be able to utilize that u-turn, `' ut ma go down to Avenue 52 which would be 386,000extra mites,r. These numbers tell part of the value avt full access as they propose. It does meet the 1,20f foN ` atwe° signals, although not AM P 1,200 feet betwan all ie G` ` ` They prepared this CMP because staff stated the access of meet the City's General Plan: In thecstimaticri the fin±0ings are a little draconian in that the CMP uld beaterially detrimental to the health, safety, welfare 00he comt�anity. Tie CMP words do not fit the action. . This ls; a tool the J,`,' he Planning Commission the ability to lac hese th g;4mom the basis of how a CMP works and funs arid, not necessarily based on an arbitrary standard which is not` " € E E in traffic technology. 1,200 feet between signalizes El 'ections does not exist anywhere else in this Valley as a requir ` "'`nt. This is not to say La Quinta should not have higher standards, they love La Quinta and are really proud of the quaitty life it has generated, but there are other issues that deal with that image of urbaneness which was another objection raised by 'staff. They believe a signal at this location saves 100,000 miles a year in travel, and will not materially change the travel times, but in fact improve the travel time along Eisenhower Drive and therefore, is good. This developer in developing a community of homes in the $400,000 price range, wants a viable access where people can arrive and leave and not having to drive through a parking lot belonging to a time share project, that they do not have any control over. If they could develop a quality access with KSL they would look at it, but it would take about 3/4 of an acres 336 to do this. 089 C:\My Documents\WPDOCS\PC6-27-OO.wpd 7 Planning Commission Minutes June 13, 2000 11. Chairman Kirk asked if there were any questions of the applicant. Commissioner Tyler asked if they had contacted KSL regarding the shared access. Mr. Roos stated no, as they thought they had staff's support on the full intersection. Staff's objection is not the signal, but the loss of the urban neighborhood. He went on to present three alternatives to solve the problem. He'*ated they basically agree with all the Conditions except # 7 as it restricts them to a right turn only. Staff clarifiedgEhelrl tent was to let them have the left turn into the4irject, `rqt `tie left turn out. 12. Commissioner Abels questioned €€f€be i"eir main access. Mr. Roos stj�d that at this pft would continue with their original aces but it would nAt IFbiaa-ie a left turnout. 14. Commissioner Abels asked if any comments had been received from Fish and Game. Mr. Roos stated they have indicated they wave to work with them regarding any streambed alterations. All of the Fringe -Toed property is located on the other side of the mountain. They are working with staff regarding whether or not a fence is needed for the sheep. Commissioner Abels asked about the trail. Mr. Roos stated one of the archaeological sites is located on the trail and is recommended not to be disturbed. Staff 337 recommends the trail be closed. 090 C:\My Documents\WPDOCS\PC6-27-OO.wpd 8 Planning Commission Minutes June 13, 2000 15. Chairman Kirk asked if Fish and Game had been to the site and found any signs of a streambed. Mr. Roos stated they had tried to contact Fish and Game representative, but were unable to get any final resolution. They hope to have this before the City Council meeting. 18. Chairman Kirk asked if all scenarios were with the proposed signal. Mr. Watanaby stated they looked at the street as it is. Chairman Kirk stated he wanted to know the difference with and without the signal. The first alternative does not have the signal and bands are in the low 20's which shows no travel time improvement, but it shows it can work with or without the signal. So the question �,38 C:\My Documents\WPDOCS\PC6-27-OO.wpd 9 091. Planning Commission Minutes June 13, 2000 is it invisible in terms of progression, and yes it it. The green time that is available through the band through the length of the street. Alternative 1 does not contain the signal and it has band widths in the low 20's. Alternative 2, adds the signal at Eisenhower Drive at the U. S. Home entrance and band widths are now in the mid 20's to 30's which is a slight improvement. St6ff added in some of the other sensitive intersections Ghairm."Kirk asked if the site would work better with ,the inte�ettori`; or worse. Mr. Watanaby stated it would be € €EE� €E b6'�ter b e iWrth even more zF intersections they still work.,,V/hen yq trol of Corridor and intersections, you have; ter r n of the roadway. The goal is to keep,the can a tight REEEEEE€:jji, i; 19. Mr. Mike Lutz, President o Division, stated they wanted ;l that competes with the couri to not have the signal, blot aka has two intersectionsdE€€ ` $400,000 price rang�that" parking lot for a ,c°ndomin,4�m an upscale project. KSf:`1"s ni what happ „if they,,. v e r d 20. There b g no fuI,er qu�s ons of the applicant, Chairman Kirk aske ttyone a u `E �ef'like to speak on this project. Ms11T—IN't,"ty Lyons, 48-621 Paseo Tarazo, stated the Planning omm , ld consider her proposal for sharing this beautiful 1;, aion of N" to Rosa Mountains with the people of La Quinta -1I as t wildlife that call it home. In 1998, when she was l+ o purchase a home, she consulted with the City as to the I e plan for the adjacent property. She was sent a map and tod there was a planned development complete with named streets for the adjacent 23 parcels. She then bought her home. low she finds herself facing the City regarding this plan. She would ask that the Planning Commission require the current applicant to leave the northern strip, which is surrounded by the Santa Rosa Mountains, as open space and natural habitat as this is the home for many species of animals. Also, she asked they consider a 100 foot setback from the mountains to provide a wildlife corridor as well as access from Eisenhower Drive to the wildlife preserve to the north. The use of the corridor would be 339 discretionary as to use and predicated on the presence of the Big C:\My Documents\WPDOCS\PC6-27-OO.wpd 10 09,_ n Planning Commission Minutes June 13, 2000 Horn Sheep, or other endangered, or habitat sensitive wildlife in the area. It could be fenced off from domestic predators and destructive humans, or be closed as endangered wildlife presence dictates.. In the absence of developer agreements, she respectfully requests the Planning Commission take a leadership role in support of the Coachella Valley Multi -Species Habitat Conseruion Plan by declaring eminent domain over the areas d ribed: above. #eE ' MfbraKirk closed 2 There being no further public comrt�Irnt, public participation portion of the hearinpl the pro for Commission discussion. Commr"Jon0 y eeler stated he agrees with Mr. Lutz that this is a �utiful pf property. The issues are several. He has no m withIlthe tract map itself as long as a condition is added ,,only one story houses next to the Laguna de la Paz i�F� Y Y 9 YE E dE ,W perirrreter A lot of time has been given discussing the access and frankly, he is not sure what prompted this CMP. He sees it as a large "red herring" and a confusion factor because the applicant has stated they do not even want a signal at this point and it also has numerous errors which causes some credibility problems. He agrees they need proper access to this site and they appear to have made some headway, but they really need to have full turn movement and he believes it could be done without having such a document as this that covers everything. One of the issues he has is that one of the findings in the staff report make reference back to the General Plan, but it has an awful lot of subjective C:\My Documents\WPD0CS\PC6-27-00.Wpd i t 093 340 Planning Commission Minutes June 13, 2000 terms contained in it. It talks about appropriate access control. What is that? What is the urban design La Quinta people want? Again very subjective. He believes this development needs a full turn access and he does not agree that the spacing cannot be 1,199 feet, and must be 1,200 feet. He cannot agree that this can be denied when Laguna de la Paz has full turn mcements less than 1,200 feet from Washington Street 26. Commissioner Butler stated he i study and now after hearing bc1, assessment of the entrance F" project to work on an add iti r any assurance that the adjac`v just a i e recre feature, or what. Mr. Lutz stated it :__ �;Abels stated that when he first reviewed the project et : out the traffic study, but after hearing the rn', b agrees with the other Commissioners concurring applicant. A full access should be allowed at the s this is an upscale community that is well designed. Chairman Kirk asked how the open space area leading up to the.. ,Hake would be landscaped. Mr. Roos stated that conceptually it. would be a combination of a dry streambed look, desert landscape, and the common open space weaves in through the back of the project that will serve for retention, de -siltation and open space. They might consider some active water, but have not progressed that far. 341 CAMy Documents\WPDOCS\PC6-27-OO.wpd 12 094 Planning Commission Minutes June 13, 2000 ROL,€` BALL: AYES: Commissioners Abels, Butler, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioner Robbins. ABSTAIN: None. 31. Chairman Kirk asked for legal counsel's opinion in regard to the General Plan Amendment. The General Plan Text Amendm 2 would require a Corridor Master Plan for any applicant that ca CAMy Documents\WPDOCS\PC6-27-OO.wpd 13 095 Planning Commission Minutes June 13, 2000 32. Co nrssioner Tyler questioned whether the Resolution, as w,r►ake a specific reference to the CMP, but rather deny the entir6`request and he understands that is not what the Commission is wanting to do. 33. Chairman Kirk stated the alternative is to approve the General Plan Text Amendment to require a CMP and what he was hoping was to justify the reduction without setting up a process they are not happy with. Mr. Roos stated that if the Commission looks at the language of the General Plan Text Amendment they initially submitted, it did not include the CMP. The language was to include a superscript that stated, "unique situations may require C:\My Documents\WPDOCS\PC6-27-OO.wpd 14 343 u96 Planning Commission Minutes June 13, 2000 exemption, for example, the adoption of a Specific Corridor Plan, existing intersection spacing precludes efficient access solutions, significant increase in vehicles miles traveled, no physical alternative access, projected traffic lines lower than maximum for street type." This was written specifically for this situation. Other issues could be added to allow the City to use the �/IP in other situations. �.D, 36. Commissioner Tyler stated he had a problem because they keep miit), the distances for intersections and signals and they may not fje' the same; particularly if there will never be a signal. Can the two be separated? Staff stated this is in regard to full turn Movements which have the potential to meet warrants for a signal. There is one issue about this project and that is there may never be enough homes at this location to cause this to meet warrants. 37. Chairman Kirk asked if staff's scenario using the 1,050 figure, would help the applicant. Staff stated it was very close. As difficult as the CMP is, and as poor as it was presented, it is an exercise that needs to be done if you want to have the sign84 4 coordinated. 097 C:\My Documents\WPDOCS\PC6-27-OO.wpd 15 Planning Commission Minutes June 13, 2000 38. Chairman Kirk stated that what the applicant suggested is a subscript to the minimum intersection spacing which provides for all sorts of reasons for reduction in the minimum spacing requirement that everyone acknowledges is very permissive. What staff is recommending is that in all cases, if we do this, we require a CMP, or an amendment to an existing one. There, what is the Commission's preference. 41. It was moved adopt Planning to the City Cod require a Cai'�- less than I' OLL CA a it a rM ed ,i S: Col NO *AIN: None. sited that since there is no process, do we have MP for Eisenhower Drive. What the Commission s set up a process to encourage the development of a s the Planning Commission or City Council obligated to e Specific Plan. Staff stated the Eisenhower CMP does work to make it correct. In order to move the project taff accepted the Plan in its current state. Approval of ,ient could be deferred to a future date, but before the eet plans are approved. To allow them to construct the n, this document should be approved. Commissioners cuncurreu with this suggestion. 43. It was moved and seconded by Commissioners Butler/Abels to table Specific Plan 2000-046 for the Eisenhower Corridor Master 34J Plan. Unanimously approved. 098 C:\My Documents\WPD0CS\PC6-27-00.Wpd 16 Planning Commission Minutes June 13, 2000 44. It was moved and seconded by Commissioners Tyler/Butler to adopt Planning Commission Resolution 2000-042 recommending to the City Council approval of Tentative Tract Map 29436, subject to the conditions as amended: Condition #56: Amended to read, "The inspections of homes...... only when the streets." Condition #57.A.: Modified to re lE 'A s shall be a full turn movement,' Condition #58: Amend to ,i",ad, "Th. City will conduct final urltings,ih �ave improved r Driv e predominatelydesert landscAp" ,g an 1�° " Condition #76: Amend to rIwllsty,,�,shall ne three remain` "parcels shown on Tentative Tract Mat EN be deed restricted as signal including "tardwar�inte conduit withII rope to the Laguna az. ireb , of the final tract map." amity hUu�' on Lots 4-38 not to. be allo, 6cent to Laguna de a stal , at the main entrance, �i to design and install the r to the Coachella Drive and n entrance providing access to s oc ation or as long as a signal provides traffic control on r Drive. AYES: Commissioners Abels, Butler, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioner Robbins. ABSTAIN: None. ITEMS: None. VII. `'CORRESPONDENCE AND WRITTEN MATERIAL: None. VIII. COMMISSIONER ITEMS: 346 A. Commissioner Tyler gave a report of the Council meeting of June 20, 2000. II� C:\My Documents\WPDOCS\PC6-27-OO.wpd 17 Planning Commission Minutes June 13, 2000 B. Chairman Kirk asked if a review of the Highway 1 1 1 Specific Plan and Village should be agendized per the comments made at the joint meeting with the City Council. Following discussion, staff was directed to prepare a timeline for discussion of these issues. IX. ADJOURNMENT: There being no further business, it was moved and seconded"Commissioners Abels/Tyler to adjourn this regular meeting of the 1, r ping Coal, \t won to the next regular meeting of the Planning Commission to bey Id July 11, '� at 7 00 p.rr�. h"s, i 1uE This meeting of the Planning Commission was adjourned ,at° 9:46 pxrn on June`7, 2000.E Respectfully submitted, 347 100 C:\My Documents\WPDOCS\PC6-27-OO.wpd 18 U7'05;00 17:2$ FAX 760 431 5901 US FISH AND WILDLIFE Lo(In2 — T United States Department of the Interior Fish and Wildlife Service Ecological Services Carlsbad Fish and Wildlife Office 2730 Loker Avenue, West Carlsbad, CA 92008 In Reply Refer To: 1-6-00-NFTA-395 Mr. Fred Baker City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 JUL 0 5 2000 Subject: Comments on La Quinta Cove Project, City of La Quinta, Riverside County, California Dear Mr. Baker: We reviewed the Mitigated Negative Declaration (MNA), received June 2, 2000, regarding the planned construction of a resort residential development, La Quinta Cove, on 191 acres within the City of La Quints. Though currently compromised in habitat value from human disturbance and adjoining development, the proposed project site occurs in historical bighorn sheep habitat. The mitigation measures proposed• in the MND include no hillside development, avoiding construction during the lambing season, use of native plants in landscaping, no off -site lighting or glare, a contingency fence, dogs leashed and away from areas adjacent to the hillsides, outdoor noise restrictions and limiting recreational hillside access. These measures are designed to minimize disturbances to adjoining bighorn habitat. To avoid future conflicts if it becomes necessary to implement the fencing contingency, we recommend that, as a condition of approval, the City require (1) a responsible party be identified, such as a Home Owners Association, for constructing the fence; (2) an identified mechanism for funding the fence construction (e.g., annual fees or an account funded by the developer); (3) rights -of -way easements established across all affected properties; and (4) a predetermined mechanism that defines when a fence would be constructed (a single bighorn sheep has been seen on the project site). Location of the project in current and historical habitat creates a legal nexus under CEQA for mitigating impacts to a level that avoids significant adverse effects. Though it would be arguable that loss of the project site by itself may result in significant negative effects on bighorn sheep, the cumulative effects of habitat loss are clearly significant. Pcninsular bighorn sheep numbers have declined for a variety of reasons including loss of habitat. In particular, alluvial habitat at the base of steep hillsides has been largely eliminated in the northern Santa Rosa Mountains due to urban development. Alluvial areas provide seasonally critical forage opportunities for bighorn sheep, especially during the lambing period_ The cumulative loss of these important habitat 07-05-00 18:17 RECEIVED FRQM:760 431 5901 P-02 07.05-00 17:29 FAX 760 431 5901 US FISH AND WILDLIFE 0Oii3 AAZr, Fred Baker (1-6-00-NFTA-395) components in the northern Santa Rosa Mountains increases the significance of further losses of remnant alluvial areas, even if they are compromised by adjoining urban impacts. The proposed project in conjunction with other proposed projects in the La Quinta area, such as Villa La Quinta, La Quinta Arts Foundation, Travertine and Green should be considered cumulatively significant on Peninsular bighorn sheep. We therefore, urge the City to address cumulative impacts to biological resources. We recommend that all potential impacts be identified and mitigated to a level below significance. We further recommend that the project proponent mitigate off -site, at a 2:1 ratio, to conserve habitat for bighorn and other sensitive species. A requirement for off -site habitat acquisition would help secure other lands vulnerable to development and more fairly spread the costs of conserving bighorn sheep in a way that also facilitates the completion of a multispecies habitat conservation plan. In summary, we are concerned as to how impacts identified as potentially significant are mitigated to a level below significance. We recommend that the proposed mitigation adequately address identified issues of biological significance and that off -site habitat be acquired to address the direct, indirect, and cumulative impacts of the proposed project on sensitive biological resources. If you have any questions regarding this letter, please contact Scott McCarthy of my staff at (760) 431-9440. Sincerely, n -tv Nancy Gilbert Assistant Field Supervisor �67.-05-00 18: 17 RECEIVED FROM:760 431 5901 P-03 I Tit!t 4 4 Q" COUNCIL/RDA MEETING DATE: July 5, 2000 ITEM TITLE: Consideration of the Cultural Arts Commission 2000-2001 Work Plan RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Cultural Arts Commission's 2000/01 Work Plan. FISCAL IMPLICATIONS: Fiscal implications will be based on the projects undertaken by the Cultural Arts Commission per the approved Work Plan. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Cultural Arts Commission, at its June 15, 2000 meeting, approved the final draft of the 2000/01 Work Plan (Attachment 1) and is submitting the Work Plan for City Council consideration and approval. A redline version (Attachment 2) of the changes made from the 1999/00 Cultural Arts Commission Work Plan and incorporated in the 2000/01 Work Plan is provided as a reference. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Cultural Arts Commission's 2000/01 Work Plan; or 2. Do not approve the Cultural Arts Commission's 2000/01 Work Plan; or 3. Provide staff with alternative direction. 350 Respectfully+ submitted Dodie Horvitz, CommuwltyI rvices Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. 2000/01 Cultural Arts Commission Work Plan - Final Draft 2. 2000/01 Cultural Arts Commission Work Plan - Redline Version 351 S:\Community Services\CCReports\CC.053.wpd 0 0 (12 ATTACHMENT 1 CITY OF LA QUINTA CULTURAL ARTS Approved by City Council , 2000 352 004 Cultural Arts Commission Work Plan July 2000 Task: Annual Work Plan Completion Date: May 2001 Participants: Commissioners Suggested Resources: Commissioners, Staff Steps to Completion: • Review existing assignments • Review programs being offered by other Cities. • Suggest assignments to fill any voids Staff Time: 3-4 hours per plan Fiscal Commitment: None Staff Role: Provide support and act as liaison to City Council Council Role: Review and approve Work Plan Goal: Chapter 2.75.040 (4) of Ordinance 317: "Make recommendations to the City Council concerning the resources and needs on the subject of the arts..." 353 001 Cultural Arts Commission Work Plan July 2000 Task: Placement of Public Art & Civic Center Campus Art Pieces Completion Date: On -going Participants: Commissioners, Staff Suggested Resources: Commissioners, City Council, Residents Steps To Completion: • Inventory current artwork and sites • Schedule artists for Cultural Arts Commission meeting • Review the proposed artwork • Make a recommendation to the City Council regarding the artwork and recommend the appropriation of a specific amount to be committed to the site Staff Time: 40 hours per month Fiscal Commitment: Funds appropriated from the Art in Public Places Account per City Council authorization Staff Role: Consider site, art piece and appropriation of funds Council Role: Provide support and subject to final City Council approval Goal: Chapter 2.75.040 (12) The Commission will submit to the City Council a recommendation for ratification of public art to be financed by the Art in Public Places program. (15) The Commission will make recommendations to the City Council for the commissioning of artworks, the purchase or lease of art sites, agreements for the purchase and display of artwork, or the repair, maintenance or servicing of artwork. 354 006 Cultural Arts Commission Work Plan July 2000 Task: Temporary Art Placement Program Completion Date: On going Participants: Commissioners Suggested Resources: Commissioners, local artists and art galleries Steps To Completion: • Notify artists that the program exists • Once requests have been received, work with developers/land owners and artists to select a predetermined site specific art piece for a location to recommend to Council • Obtain City Council approval Staff Time: 4-6 hours per piece Fiscal Commitment: None at this time Staff Role: Provide support and act as a liaison to City Council Council Role: Provide support and review and approval of contract Goal: Chapter 2.75.040 (4) Make recommendations to the City Council concerning the resources and needs of the community on the subject of the arts, opportunities for participation of artists and performers in City sponsored activities, and ways to encourage community involvement. 355 007 Cultural Arts Commission Work Plan July 2000 Task: Develop Public Art Program Information Completion Date: On going Participants: Commissioners, Staff Suggested Resources: Staff, Commissioners, printed materials, activity calendars, lists of organizations Steps To Completion: • Work with City Council to determine the best method to inform the public about the Public Art Program • Commissioners to design and draft contents of the information for Commission review and recommendation to the City Council for their approval • Publish information in current City brochures, on the City's Website and Chamber of Commerce map Staff Time: 6-8 hours per publication Fiscal Commitment: Costs would need to be determined for the printing Staff Role: Provide support and liaison with City Council Council Role: Consideration of content and funding Goal: Chapter 2.75.040 (4) Make recommendations to the City Council concerning the resources and needs of the community on the subject of the arts, opportunities for participation of artists and performers in City sponsored activities and way to encourage community involvement. 356 Cultural Arts Commission Work Plan July 2000 Task: Coachella Valley Cultural Conferences, Workshops, & Events Completion Date: On -going Participants: Commissioners, City Council Suggested Resources: Community members, City Council, Coachella Valley Cities, private cultural arts interests, State and Federal sources Steps to Completion: • Recommend to Council proposed conferences, workshops & events • Maintain leadership role in conferences, workshops & events • Recommend to Council a date, time, and location for the conferences, workshops & events • Work with Coachella Valley Cities to determine proposed speakers and budget for consideration by Council • Solicit contributions to off -set the costs as approved by Council • Prepare an outline for the meeting • Invite the speakers/artists • Advertise the conferences, workshops & events as approved by Council • Conduct the conferences, workshops & events Staff Time: 10-12 hours per event Fiscal Commitment: $3,000 Staff Role: Provide support and act as a liaison to City Council Council Role: Review purpose of conferences, workshops & events and consider participation and budgets for events Goal: Chapter 2.75.040 (6) Work cooperatively with City boards, commissions and committees, and other public and private organization in promoting art and cultural activities within the City. 357 009 Cultural Arts Commission Work Plan July 2000 Task: Review Art In Public Places Master Plan Completion Date: Continued to 2001-2002 Participants: Commissioners Suggested Resources: Commissioners, Community Members Steps To Completion: • Review, re-evaluate and coordinate the cultural elements of the City's Master Plan, Art In Public Places Plan and other related plans for appropriate components for recommendation to Council in one Art In Public Places Master Plan • Include appropriate components as identified Staff Time: 1-2 hours per month Fiscal Commitment: None Staff Role: Act as liaison to City Council, provide technical support to Commission Council Role: Provide direction and periodic review of progress Goal: Chapter 2.75.040 (11) of Ordinance 317: "Maintain and Implement the Art In Public Places Plan subject to approval by the City Council..." 358 010 Cultural Arts Commission Work Plan July 2000 Task: Research and Solicit Grants Completion Date: On going Participants: Commissioners Suggested Resources: Commissioners, Web Sites, Arts Organizations, Foundations and Corporations Steps To Completion: • Review appropriate funding sources with staff • Make recommendations to Council in accordance with Council policy • Support staff submission of application to organization for consideration Staff Time: 6 hours per grant Fiscal Commitment: None Staff Role: Provide support and act as a liaison to City Council Council Role: Provide support, review and approve applications Goal: Chapter 2.75.040 (2) of Ordinance 317: Make recommendations for research and solicitation of grants and donations. 359 Oil Cultural Arts Commission Work Plan July 2000 Task: "Meet the La Quinta Artist" Completion Date: Bi-Monthly Participants: Commissioners Suggested Resources: Commissioners, Staff, Residents, Media sources Steps To Completion: • A local artist representing a different medium will be randomly selected to be showcased in the La Quinta Chamber of Commerce Newsletter and at other cultural events with a "snapshot" of their work and history Staff Time: 1 hour per month Fiscal Commitment: None Staff Role: Provide support and act as liaison to City Council Council Role: Provide direction and support, review and consider the program Goal: Chapter 2.75.040 (10) Develop public art awareness through the presentations of speakers, forums, mixers and special events. 360 012 ATTACHMENT 2 DRAFT CITY OF LA QUINTA 2000101 Approved by City Council 361 013 Cultural Arts Commission Work Plan July 2000 Task: Completion Date: Participants: Suggested Resources: Steps to Completion: Staff Time: Fiscal Commitment: Annual Work Plan May 2000 Commissioners Commissioners, Staff on • Review existing assignments • Review programs being offered by other Cities. • Suggest assignments to fill any voids 3-4 hours per plan None Staff Role: Provide support and act as liaison to City Council Council Role: Review and approve Work Plan Goal: Chapter 2.75.040 (4) of Ordinance 317: "Make recommendations to the City Council concerning the resources and needs on the subject of the arts..." 362 014 Completion Date: On -going Participants: Commissioners, Staff Suggested Resources: Commissioners, City Council, Residents Steps To Completion: • Inventory current artwork and sites • Schedule artist for Cultural Arts Commission meeting • Review the proposed artwork • Make a recommendation to the City Council regarding the artwork and recommend the appropriation of a specific amount to be committed to the site Staff Time: 10 12 hours per projeet 40 ho#rs.per month. Fiscal Commitment: Funds appropriated from the Art in Public Places Account Staff Role: Consider site, art piece and appropriation of funds Council Role: Provide support and subject to final City Council approval Goal: Chapter 2.75.040 (12) The Commission will submit to the City Council a recommendation for ratification of public art to be financed by the Art in Public Places program. (15) The Commission will make recommendations to the City. Council for the commissioning of artworks, the purchase or lease of art sites, agreements for the purchase and display of artwork, or the repair, maintenance or servicing of artwork. 363 015 Cultural Arts Commission Work Plan July 2000 Task: Temporary Art Placement Program Completion Date: On going Participants: Commissioners Suggested Resources: Commissioners, local artists and art galleries Steps To Completion: • Notify artists that the program exists • Once requests have been received, work with developers/land owners and artists to select a predetermined site specific art piece for a location to recommend to Council • Obtain Council approval Staff Time: 4-6 hours Fiscal Commitment: None at this time Staff Role: Provide support and act as a liaison to City Council Council Role: Provide support and review and approval of contract Goal: Chapter 2.75.040 (4) Make recommendations to the City Council concerning the resources and needs of the community on the subject of the arts, opportunities for participation of artists and performers in City sponsored activities, and ways to encourage community involvement. 364 016 Cultural Arts Commission Work Plan July 2000 Task: Develop Public Art Program Information Completion Date: On going Participants: Commissioners, Staff Suggested Resources: Staff, Commissioners, printed materials, activity calendars, lists of organizations Steps To Completion: • Work with City Council to determine the best method to inform the public about the Public Art • Commissioners to design and draft contents of the information for Commission review and recommendation to the City Council for their approval • Publish information in current City brochures, on the City's Website and Chamber of Commerce map Staff Time: 6-8 hours per publication Fiscal Commitment: Costs would need to be determined for the printing Staff Role: Provide support and liaison with City Council Council Role: Consideration of content and funding Goal: Chapter 2.75.040 (4) Make recommendations to the City Council concerning the resources and needs of the community on the subject of the arts, opportunities for participation of artists and performers in City sponsored activities and way to encourage community involvement. 365 017 Cultural Arts Commission Work Plan July 2000 Task: Coachella Valley Cultural Conferences, Workshops, & Events Completion Date: On -going Participants: Commissioners, City Council Suggested Resources: Community members, City Council, Coachella Valley Cities, private cultural arts interests, State and Federal sources Steps to Completion: • Recommend to Council purposed conferences, workshops & events • Maintain leadership role in conferences, workshops & events • Recommend to Council a date, time, and location for the conferences, workshops & events • Work with Coachella Valley Cities to determine proposed speakers and budget for consideration by Council • Solicit contributions to off -set the costs as approved by Council • Prepare an outline for the meeting • Invite the speakers/artists • Advertise the conferences, workshops & events as approved by Council • Conduct the conferences, workshops & events Staff Time: 10-12 hours per event Fiscal Commitment: Nominal $3,00 Staff Role: Provide support and act as a liaison to City Council Council Role: Review purpose of conferences, workshops & events and consider participation and budgets for events Goal: Chapter 2.75.040 (6) Work cooperatively with City boards, commissions and committees, and other public and private organization in promoting art and cultural activities within the City. 366 018 Cultural Arts Commission Work Plan July 2000 367 019 Cultural Arts Commission Work Plan July 2000 Task: Review Art In Public Places Master Plan Completion Date: E)n going Participants: Commissioners Suggested Resources: Commissioners, Community Members Steps To Completion: • Review, re-evaluate and coordinate the cultural elements of the City's Master Plan, Art In Public Places Plan and other related plans for appropriate components for recommendation to Council in one Art In Public Places Master Plan • Include appropriate components as identified Staff Time: 1-2 hours Fiscal Commitment: None Staff Role: Act as liaison to City Council, provide technical support to Commission Council Role: Provide direction and periodic review of progress Goal: Chapter 2.75.040 (11) of Ordinance 317: "Maintain and Implement the Art In Public Places Plan subject to approval by the City Council... 368 020 Cultural Arts Commission Work Plan July 2000 Task: Research and Solicit Grants Completion Date: On going Participants: Commissioners Suggested Resources: Commissioners, Web Sites, Arts Organizations, Foundations and Corporations Steps To Completion: • Review appropriate funding sources with staff • Make recommendations to Council in accordance with Council policy • Support staff submital of application to organization for consideration Staff Time: 6 hours per grant Fiscal Commitment: None Staff Role: Provide support and act as a liaison to City Council Council Role: Provide support, review and approve applications Goal: Chapter 2.75.040 (2) of Ordinance 317: Make recommendations for research and solicitation of grants and donations. 369 021 Cultural Arts Commission Work Plan July 2000 Task: "Meet the La Quinta Artist" Completion Date: Bi-Monthly Participants: Commissioners Suggested Resources: Commissioners, Staff, Residents, Media sources Steps To Completion: • A local artist representing a different medium will be randomly selected to be showcased in the La Quinta Chamber of Commerce Newsletter, La Quinta P and at other cultural events with a "snapshot' of their work and history Staff Time: 1 hour per month Fiscal Commitment: None Staff Role: Provide support and act as liaison to City Council Council Role: Provide direction and support, review and consider the program Goal: Chapter 2.75.040 (10) Develop public art awareness through the presentations of speakers, forums, mixers and special events. 370 022 T4ht 4 4 Q9&& AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 5, 2000 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of Desert Sands Unified School PUBLIC HEARING: District/City of La Quinta Committee Formation RECOMMENDATION: Approve the formation of a Desert Sands Unified School District/City of La Quinta committee, determine committee's composition, assign City representation (i.e. City Council Members and/or City Manager, or his designee(s)} and provide direction as to its makeup, purpose, duties, etc. FISCAL IMPLICATIONS: None for this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the June 6, 2000 City Council meeting, the Council considered a funding request to support the La Quinta High School Foundation (Foundation). The item involved a previous commitment by the City to the Foundation. During discussion regarding this item, staff was directed to agendize an item to consider the formation of a committee whereby City Council members and Desert Sands Unified School District representatives would be able to meet and discuss future funding needs for programs offered by the District. A copy of the minutes of the meeting at which this discussion took place is provided as Attachment 1. History of City Support The City of La Quinta has funded programs offered by DSUSD schools in La Quinta since Fiscal Year 1987/88, as provided in Attachment 2. The items with an asterisk (*) to the right of the "Total" column indicate funds paid directly to DSUSD or related organizations. The total amount paid to programs that directly benefitted DSUSD from 1987/88 through 1999/2000 is $97,719. 371 During Fiscal Year 1999/2000, each of the four schools located in La Quinta were allocated $2,000 for a total of $8,000. The City of La Quinta also sponsored the La Quinta High School Foundation with an amount of $10,000. In addition, the City has provided the Community Concerts Association with $5,000 to provide musical performances at all DSUSD elementary schools. The City of La Quinta has also sponsored teacher education through the McCallum Institute with a contribution of $2,215 ($2,000 of which came from the Truman School allocation listed above) this fiscal year. The total amount of funds paid directly to Desert Sands Unified School District for services available to students totals $23,215 for fiscal year 1999/2000. The City of La Quinta also supports various non-profit organizations that provide services or scholarships to DSUSD students, such as the La Quinta Arts Foundation,. La Quinta Historical Society and the La Quinta Chamber of Commerce. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the formation of a Desert Sands Unified School District/City of La Quinta committee, determine committee's composition, assign City representation (i.e. City Council Members and/or City Manager, or his designee(s)) and provide direction as to its makeup, purpose, duties, etc.; or 2. Do not approve the formation of a Desert Sands Unified School District/City of La Quinta committee; or 3. Provide staff with alternative direction. Thomas P. Genovese, City Manager Attachments: 1 . June 6, 2000 City Council Minutes 2. Community Grant Amounts 1987/88-1999/00 M» n 3r;.. 002 S:\Community Services\CCReports\CC.055.wpd ATTACHMENT 1 1 Council Minutes 4 /ORT 00 B SESSION 1. C TINUED CONSIDERATION OF A RESOLUTION IN HE PR OSED NATIONAL MONUMENT DESIGNATION. CommLXty Development Director Herman presented A staff report. In response o Mayor Pena, Council Member H erson advised the Desert Regional Airp Authority did not discuss the verflight issue because their meeting was c celed. However, she sta d she's comfortable that the overflights referen d in the legislation are t rism-type flights and did not see it as a problem. Sh id not have a pro bl moving forward with a resolution in support of the Natio I Monument d ignation. Council Member Sniff agreX!� ving forward with the resolution. Council Member Adolph continued to have concerns with the verbiage "Congress does n Council Member Perkins a Mayor RESOLUTION NO. 2000-52 concurred with moving forward. A RESOLUTION THE CITY COUNCIL O HE CITY OF LA QUINTA, CALIFORNIA, S PORTING DESIGNATION OF SANTA ROSA AND SAN JACINTO MO TAINS AS A NATIONAL MONUMENT. It was md by Council Members Sniff/Henderson toopt Resolution No. 2000-52 s submitted. Motion carried unanimously. Council c curred to take public comment at this time. P BLI MENT T/eaPifia, 45-755 Sutter Creek, Indio, of Indio Charter School, invited the uncil tndio Charter School Open House on June 8 between 8:00 a.m. and 4:00 BUSINESS SESSION ........continued 2. CONSIDERATION OF A COMMUNITY SERVICE GRANT REQUEST FROM THE 3 3 LA QUINTA HIGH SCHOOL FOUNDATION. Mayor Pena abstained due to a conflict of interest and left the dais. 004 City Council Minutes 5 Community Services Director Horvitz presented the staff report. June 6, 2000 Council Member Henderson supported Council's commitment to match funds on this request but recommended appointing a committee to meet with the School District and compare notes on future funding needs. She understood funding has been increased for the schools and that substantial effort is being placed on the art, music, and cultural departments. She stated she was willing to serve on the committee. Council concurred to support the request for funding and to direct staff to agendize Council Member Henderson's suggestion to appoint a committee to meet with the School District. MOTION - It was moved by Council Members Henderson/Perkins to approve additional Community Services Grant funds in the amount of $5,000 from the Special Projects Contingency Account. Motion carried with Mayor Pena ABSENT. MINUTE ORDER NO. 2000-88. 3. CONSIDERATION OF A COMMUNITY SERVICES GRANT REQUEST FROM THE SHERIFF'S EXPLORER POST. Community Services Director Horvitz presented the staff report, noting $3,800 under Alternatives should be corrected to read $3,880. MOTION - It was moved by Council Members Sniff/Adolph to approve additional Community Services Grant funds for Explorer Post No. 503 in the amount of $3,880 from the Special Projects Contingency Account. Council Member Perkins stated he wished to see the amount increased to $6,000 due to the group's good faith effort to raise the full amount. In response to Council Member Sniff, Ms. Horvitz advised $12,000 has been set aside in the Special Projects Contingency Fund for the Explorers. Motion was amended to read: MOTION - It was moved by Council Members Sniff/Adolph to approve additional Community Services Grant funds for Explorer Post No. 503 in the amount of $6,000 from the Special Projects Contingency Account. Council Member Adolph agreed to support the increased amount but questioned what the City would do if the Explorers had raised only $50. 374 005 N W Y 0 Go Go iz Go CfY) L 0 It U. 0 U) Z CD Z_ 0 Z n U. r Z I� V W _U W U) r_ Z C� G �0 V 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $ 0 0 0 0 0 $ 0 0 0 0 0 0$ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 H p S p S O r M O M pp� O O S O 0o0 O S S O O O S W N N O O N S S S S S S O M Q C a0 n O � N f• 1� aD N M t0 000 N tD O � 000000 I� O � N N N O Of O N O 1A t0 � t? 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H I W O O O O O o H f00 H H 0 M H N � H $$ S g � S O � O N N � N m 8 m � � V r O � H M H � W m O O y w N ¢ZQ O y r w J U ¢ O w z K a K O H W O a JQ Z' W z C i Q Z d m Z a W 0 x W x m r d p p d j WWKU w co wr W z t U U p O W W m mQ ZO 'Iwo O IYO Q JU m Z W LL O UK Zr fQA UrUr m O W n W I U d U i wLL JU 0 0 0 wr V zWq UJYU rQ of w W 0 wO U d 00 W x O O ydO Ow row d d w m m 377 O O O 378 Tit�p 44Q" COUNCIL/RDA MEETING DATE: ,July 5, 2000 ITEM TITLE: Consideration of an Ordinance Amending Chapter 2.60, Section 2.60.020 (Designated Employees - Disclosure Categories) of the La Quinta Charter and Municipal Code Relative to "Conflict of Interest Code" RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: 4- CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Introduce an Ordinance Amending Chapter 2.60, Section 2.60.020 (Designated employees - Disclosure categories) of the La Quinta Charter and Municipal Code relative to "Conflict of Interest Code": A.) Move to take up Ordinance No. by title and number only and waive further reading. B.) Move to introduce Ordinance No. on first reading. FISCAL IMPLICATIONS: None CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: Government Code Section 87306.5 relates to the Conflict of Interest Code adopted by the City. The section states, "No later than July 1 of each even -numbered year, the code reviewing body shall direct every local agency which has adopted a Conflict of Interest Code in accordance with this title to review its Conflict of Interest Code and, if a change in its code is necessitated by changed circumstances, submit an amended Conflict of Interest Code to the code reviewing body." In reviewing Chapter 2.60 of the Charter and Municipal Code, staff noted the position of Maintenance Manager is not reflected in La Quinta's Conflict of Interest Code. Staff is recommending that the City Council add this position to the list of designated *�79 employees. A redline copy of the proposed change is attached showing the proposed amendment (Attachment 1). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Introduce an Ordinance amending Chapter 2.60, Section 2.60.020 (Designated employees -Disclosure categories) of the La Quinta Charter and Municipal Code relative to "Conflict of Interest Code"; or 2. Do not introduce an Ordinance amending Chapter 2.60, Section 2.60.020 (Designated employees -Disclosure categories) of the La Quinta Charter and Municipal Code relative to "Conflict of Interest Code"; or 3. Provide alternative direction to staff. Respectfully submitted, Jun ek, CMC/AAE City Clerk Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Ordinance amending Conflict of Interest Code (redline version) WE ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, AMENDING CHAPTER 2.60, SECTION 2.60.020 RELATING TO THE CITY OF LA QUINTA CONFLICT OF INTEREST CODE WHEREAS, the Political Reform Act, Government Code Section 81000, et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes; and WHEREAS, the Fair Political Practices Commission (the "FPPC") has adopted a regulation, 2 California Code of Regulations Section 18730, which contains the terms of a standard conflict of interest code which can be incorporated by reference; and WHEREAS, the City of La Quinta (the "City" has adopted by reference the FPPC's regulation as well as a list of designated employees as Chapter 2.60 of the La Quinta Municipal Code (the "Code"); and WHEREAS, the City desires to make changes to the list of designated employees and disclosure categories to reflect the current classifications/positions within the City; and WHEREAS, the City believes these changes are in the best interests of the citizens of the City of La Quinta. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: Section 1. Amend the La Quinta Charter Municipal Code as follows: AMEND CHAPTER 2.60 OF THE CODE AS FOLLOWS• follows: Amend 2.60.020 Designated employees - Disclosure categories as "2.60.020 Designated employees - Disclosure categories Accounting Manager' Assistant City Manager* Building and Safety Director ' Building and Safety Manager' City Attorney* City Clerk ' City Manager* Community Development Director' 381 003 Ordinance No. Page 2. Community Safety Manager' Community Services Director' Consultants' * * Finance Director* Maintenance Manager' Management Analyst' Management Assistant' Members of the Architecture & Landscape Review Committee' Members of the City Council* Members of the Community Services Commission' Members of the Cultural Arts Commission' Members of the Historic Preservation Commission' Members of the Investment Advisory Board* Members of the Planning Commission* Members of the Project Area Committee' Personnel/Risk Manager' Planning Manager' Principal Planner' Public Works Director/City Engineer' Senior Engineer' Persons listed in this category shall disclose all investments, business positions and income from sources located in or doing business in the city and any interests in real property located in the city, including property located within a two mile radius of any property owned or used by the city. Persons holding these positions file the Form 700 Statement of Economic Interest pursuant to Government Code Section 87200. * * Commission Regulation 18700 defines "consultant" as an individual who, pursuant to a contract with a state or local government agency: A. Makes a governmental decision whether to: 1 . Approve a rate, rule or regulation, 2. Adopt or enforce a law, 3. Issue, deny, suspend or revoke any permit, license, application, certificate, approval, order or similar authorization or entitlement, 4. Authorize the agency to enter into, modify or renew a contract provided it is the type of contract which requires agency approval, 5. Grant agency approval to a contract which requires agency approval and in which the agency is a party or to the specifications for such a contract. 6. Adopt, or grant agency approval of, policies, standards or guidelines for the agency, or for any subdivision thereof; or B. Serves in a staff capacity with the agency and in that capacity performs the same or substantially all the same duties for the agency that would otherwise be performed by. an individual holding a position specified in the agency's conflict of interest code. 382 W Ordinance No. Page 3. Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The city manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of the disclosure requirements. The city manager's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. Section 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. Section 3. POSTING: The City Clerk shall cause this Ordinance to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. PASSED, APPROVED AND ADOPTED, this day of , 2000 by the following vote: AYES: NOES: ABSENT: ABSTAIN: John J. Pena, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California [CITY SEAL] APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California 383 005 Ordinance No. Page 2. ATTACHMENT 1 Community Safety Manager' Community Services Director' Consultants' * * Finance Director* Management Analyst' Management Assistant' Members of the Architecture & Landscape Review Committee' Members of the City Council* Members of the Community Services Commission' Members of the Cultural Arts Commission' Members of the Historic Preservation Commission' Members of the Investment Advisory Board* Members of the Planning Commission* Members of the Project Area Committee' Personnel/Risk Manager' Planning Manager' Principal Planner' Public Works Director/City Engineer' Senior Engineer' Persons listed in this category shall disclose all investments, business positions and income from sources located in or doing business in the city and any interests in real property located in the city, including property located within a two mile radius of any property owned or used by the city. Persons holding these positions file the Form 700 Statement of Economic Interest pursuant to Government Code Section 87200. * * Commission Regulation 18700 defines "consultant" as an individual who, pursuant to a contract with a state or local government agency: A. Makes a governmental decision whether to: 1. Approve a rate, rule or regulation, 2. Adopt or enforce a law, 3. Issue, deny, suspend or revoke any permit, license, application, certificate, approval, order or similar authorization or entitlement, 4. Authorize the agency to enter into, modify or renew a contract provided it is the type of contract which requires agency approval, 5. Grant agency approval to a contract which requires agency approval and in which the agency is a party or to the specifications for such a contract. 6. Adopt, or grant agency approval of, policies, standards or guidelines for the agency, or for any subdivision thereof; or B. Serves in a staff capacity with the agency and in that capacity performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency's conflict of interest code. M 007 BUSINESS SESSION ITEM: ORDINANCE NO. 344 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT, BY AND AMONG THE CITY OF LA QUINTA AND STAMKO DEVELOPMENT COMPANY CASE NO.: DEVELOPMENT AGREEMENT 97-002, AMENDMENT #2 APPLICANT: STAMKO DEVELOPMENT COMPANY WHEREAS, the City Council of the City of La Quinta, California, did on the 16"' of May, 2000, 6' day of June, 2000, and 201h day of June, 2000, held duly noticed Public Hearings to consider an amendment to the Development Agreement; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 91h of May, 2000, hold a duly noticed Public Hearings to consider an amendment to the Development Agreement; and, WHEREAS, the City Council of the City of La Quinta, California did on the 15"' day of July, 1997, approve the original Development Agreement 97-002 and on the 171h day of November, 1998, approved Development Agreement 97-002, Amendment #1 for the development; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following Mandatory Findings to justify approving said Development Agreement, Amendment #2: 1. The proposed amended Development Agreement is consistent with the objectives, policies, general land uses and programs of the City of La Quinta General Plan and Specific Plan 97-029, Amendment #2. The property is within the Mixed/Regional Commercial (M/RC) District per the provisions of the 1992 General Plan Update which permits the proposed use and is consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2) provided conditions are met. 2. The land uses authorized and regulations prescribed for the amended Development Agreement are compatible with the zoning and its related regulations now applicable to the property. The site is zoned Regional Commercial (CR) which permits the proposed uses provided conditions are met. 38 Ordinance No. 344 Development Agreement 97-002, Amendment #2 June 20, 2000 Page 2 3. The proposed amended Development Agreement conforms with public convenience and the general welfare by providing for extensive public improvements and conforms to good land use practice by encouraging a long- range, comprehensive approach to the development of a major automobile sales/services and mixed commercial complex. 4. Approval of this amended Development Agreement will not be detrimental to the health, safety, and general welfare since adequate provision has been made in previous City approvals to provide for necessary and desirable improvements and since these approvals are incorporated herein. 5. Approval of this amended Development Agreement will not adversely affect the orderly development of the subject or surrounding property nor the preservation of area -wide property values, but rather will enhance them by encouraging planned, phased growth. 6. Consideration of the amended Development Agreement has been accomplished pursuant to California Government Code Section 65864 et seq. And the City of La Quinta Municipal Code Section 9.250.030, which governs Development Agreements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California that it does ordain as follows: SECTION 1. ENVIRONMENTAL. Said Specific Plan complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63). The Community Development Department completed an Environmental Impact Report, State Clearinghouse No. 97011055, certified by the City Council in 1997, for this Specific Plan 97-029 and Development Agreement 97-002. A supplemental EIR has been prepared for the proposed Specific Plan 97-029 Amendment #1 and Development Agreement 97-001 Amendment #1 which was certified in 1998. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental review pursuant to Public Resources Code Section 21166; and, SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. Ordinance No. 344 Development Agreement 97-002, Amendment #2 June 20, 2000 Page 3 SECTION 3: POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. PASSED, APPROVED and ADOPTED by the La Quinta City Council at an adjourned regular meeting this 5th day of July, 2000 by the following vote: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) 387 Ordinance No. 344 Development Agreement 97-002, Amendment #2 June 20, 2000 Page 4 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ATTACHMENT 1 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT This Second Amendment to Development Agreement ("Amended Agreement") is made and entered into this _ day of , 2000, by and between the CITY OF LA QUINTA, a charter city ("City"), and STAMKO DEVELOPMENT COMPANY, a California limited partnership ("Developer"). The City and Developer are hereinafter sometimes referred to individually as a "Party". RECITALS This Amended Agreement is predicated upon the following facts: A. The City and Developer originally entered into that certain Development Agreement dated July 15, 1997 ("Original Agreement") authorized by City Council Ordinance No. 306 dated July 21, 1997, and effective August 20, 1997, and recorded on September 3, 1997. B. The City and Developer processed an Amendment to the Development Agreement which was approved on November 17, 1998, by Ordinance No. 328 dated December 1, 1998, and effective January 14, 1999, and recorded on March 11, 1999. C. Due to requested modifications to the Amended Specific Plan, the developer has requested certain modifications to the site planning conditions, the Development Agreement, and the Developer Lease to allow the Project to proceed. D. The City believes that all of the findings made in the Original Agreement and First Amendment remain true, that the requested modifications by the Developer as set out in this Second Amendment Agreement with attachments are. consistent with the General Plan , and all other applicable plans, rules, regulations and official policies of the City of La Quinta and the approval of this Amended Agreement shall promote the health, safety and general welfare of the City. E. It is the intent of the Parties that on execution of this Second Amendment to the Agreement, the Developer shall be obligated to complete the Public Improvements in the manner set forth in the original Development Agreement, the First Amendment and the Amendment Specific Plan 97-027 and Conditional Use Permit 97- 034 as contained there in those documents, and with City's rules, regulations and official policies governing permitted uses, density, design, improvement and construction standards and specifications in force on the date of this Amended Agreement. 3$3 SACity Clerk\Ordinances\DA#2RestAgmt.wpd 1 F. On May 9, 2000, the Planning Commission of the City of La Quinta (the "Planning Commission"), after giving -notice pursuant to Government Code Sections 65854, 65854.5 and 65866, held a public hearing on Developer's application for this Second Amended Agreement. On May 16, 2000, and June 6, 2000, the City Council of the City of La Quinta ("City Council"), after providing public notice as required by law, similarly held public hearings to consider Developer's application for this Agreement. G. The Planning Commission and the City Council have found that the Second Amended Agreement is consistent with the General Plan and all other applicable plans, rules, regulations and official policies of the City. H. In accordance with the requirements of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq., ("CEQA"), the Community Development Department completed an Environmental Impact Report, State Clearinghouse No. 97011055, certified by the City Council in 1997, for this Specific Plan 97-029 and Development Agreement 97-002. A supplemental EIR has been prepared for the proposed Specific Plan 97-029 Amendment #1 and Development Agreement 97-001 Amendment #1 which was certified in 1998. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental review pursuant to Public Resources Code Section 21 166; I. On December 1, 1998, the City Council adopted Ordinance No. 328 approving this Amended Agreement with Developer. The Ordinance takes effect on January 14, 1999. The parties hereto agree to amend the Second Amended Agreernent according to the following specified revisions: 1. Definitions: In this Second Amended Agreement, the defined terms will have the same meaning as in the Original Agreement except as may be otherwise noted in this Second Amended Agreement: 1 .1 . Authorizing Ordinance: "'Authorizing Ordinance" means Ordinance No. approving this Second Amended Agreement. 1.4 Specific Plan: The Specific Plan approved by the City Council on July 15, 1997 as amended by Amendment No. 1 approved by the City Council on November 17, 1998, and Amendment No. 2, approved by the City Council on May 16, 2000. A reference to "Amendment to Specific Plan" refers to Amendment #1 or #2 to the Specific Plan and/or any future amendments not affecting the implementation of the Development Agreement. 2. No Other Change: All sections of the original Agreement, or the First Amendment which have not been specifically amended by this Second Amended Agreement shall remain intact and enforceable in their entirety, or as may be amended in the future. 390 SACity Clerk\Ordinances\DA#2RestAgmt.wpd 2 IN WITNESS WHEREOF, this Second Amended Agreement has been executed by the Parties on the day and year first above written, as authorized by Ordinance No. 328 of the City Council of the City of La Quinta. CITY OF LA QUINTA, a Charter City By: STANLEY SNIFF, Mayor Pro Tern ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California STAMKO DEVELOPMENT COMPANY, A California Limited Partnership By: Its: 391 SACity Clerk\Ordinances\DA#2RestAgmt.wpd 3 Tiht 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: -67 COUNCIL/RDA MEETING DATE: July 5, 2000 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of Marketing Committee PUBLIC HEARING: Formation and Duties RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None for this action. CHARTER CITY IMPLICATIONS: None. =*IKeliW 10 A I V►TTZe1►y4:ty1LA At its June 20, 2000 City Council meeting, the Council considered and approved the City Marketing Plan for Fiscal Year 2000-2001 (Attachment 1). As part of the Council's discussion of this matter, the suggestion for a marketing committee surfaced. Mr. Doug Yavanian, representing KSL, spoke and suggested creating a marketing committee made up of the City, the Chamber of Commerce, and KSL to "maximize advertizing dollars." This matter is before the Council to provide the opportunity to formally initiate a marketing committee (the "Committee") and to provide direction to the Committee relative to its duties and responsibilities. The City Council may wish to discuss the following in relation to the Committee: ■ Committee make-up: Suggestions brought up at the June 20th City Council meeting included Council Members, and representatives from the Chamber of Commerce, KSL, Kiner/Goodsell Advertising, and the business community. 392 ■ Committee type: (i.e. is it envisioned as an ad -hoc committee for a particular purpose or a standing committee that will review the Marketing Plan throughout its implementation?) ■ Committee objective: Suggestions brought up at the June 20' City Council meeting seemed to indicate the Committee might serve to achieve coordination of marketing efforts of various entities in La Quinta and to act as a "sounding board" or "clearing house" rather than taking an active role in dictating or the City's marketing effort. ■ Meeting parameters: (e.g. meeting times, location, etc.) FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the formation of a marketing committee, determine committee's composition, assign City representation, and provide direction as to the Committee's makeup, purpose, duties, etc.; or 2. Do not approve the formation of a marketing committee; or 3. Provide staff with alternative direction. Respectfully submitted, - &12 L —_ Britt W. Wilson, Mana ement Analyst City Manager's Office Approved for submission by: n Thomas P. Genovese, City Manager Attachment: 1. City of La Quinta Marketing Plan CAMyData\WPDocs\CITY COUNCIL\CCSTFFMARKETINGCOMMITTEE 07-05-OO.wpd 002 393 ATTACHMENT CITY OF LA QUINTA MARKETING PLAN 2000-2001 APPROVED BY THE CITY COUNCIL J U N E 20, 2000 394 M, KINER / Gar SELL A D V E&,&S I N G Revised Development Msrk4ting for the City of La Quinta Fisesl Year duly 16 2000 - dune 30, 2001 After receiving input from the Mayor and City Council at the City Council Meeting dated May 16, 2000, recommendations indicated that the City of La Quinta needs to look at taking a new marketing direction for the next fiscal year. The primary focus needs to be business retention and attraction, with less emphasis on community involvement programs. Because of the elimination of some labor-intensive and time-consuming community involvement programs, Kiner/Goodsell estimates that it will take less hours to service this account and recommends a reduced retainer, from last year's $3,400/40 hours per month to $3,000/35 hours per month in the next fiscal year. Kiner/Goodsell proposes the following strategies to attain these economic development objectives: Business Betention • Without infringing on the "gift of public funds" guidelines, the best strategy for supporting businesses would be a straightforward advertising campaign showcasing the businesses in La Quinta. To give equal exposure to everyone, we recommend creating 3-4 different 30-second spots -- each "panning" shots of the different businesses in La Quinta using a theme such as , "Have you seen La Quinta Lately?" (focusing on some of the new businesses, like the auto mall and movie theater). Another component of an advertising campaign in support of La Quinta businesses is a special section in the Desert Sun; a full 4-page broad sheet that's in 4-color process, listing all the businesses in their respective business categories (i.e. restaurants, services, etc.). We could encompass the section with a slogan like "Errands. Dining. Recreation. All your needs... with one spectacular view. Only in La Quinta: the Gem of the Desert." The section could also focus on new businesses and "coming attractions" in La Quinta. We could overprint the special section and have it available at the City and the Chamber of Commerce. We could also use a theme like "Celebrate La Quinta", and have a state official (perhaps Mary Bono) declare "Celebrate La Quinta" week. The initiative could include a kick-off event at City Hall, and businesses would be encouraged to offer discounts or special promotions as part of "Celebrate La Quinta" week. • La Quinta businesses have plenty to offer the travel/tourism market in Southern California. To reach this audience, we recommend producing a rack card that can be distributed on informational travel/tourism racks in hotels, restaurants, 5 c visitor centers, and other locations throughout the Inland Empire. This take- 7 home piece will give prospectives a glimpse of La Quinta, and encourage those people to spend their leisure time - and leisure dollars -- in the City of La Quinta. • Update outdated material in the City's economic development infomercial, adding more prominent footage of the businesses in La Quinta -- such as the Auto Mall, the La Quinta Resort, restaurants and various retail establishments. Explore new regional media placement vehicles, such as cable systems in different affluent communities in Southern California and expansion to the Pacific Northwest region. > Using the same strategy, update 10-second TV factoids and 30-second economic development TV spots. Business Attraetion • The aforementioned travel/tourism rack card will also act as a business attraction/economic development tool. • Remain active in the annual ICSC (International Council of Shopping Centers) Convention -- October 2000. Advertise in the Las Vegas convention's program guide. • Market La Quinta to the film community -- specifically site locators for film and commercial ventures. Work closely with the Inland Empire Film Commission, including advertising in their widely -distributed Production Guide -- which is distributed at 5-6 trade shows, 4 film festivals as well as mailed to film studios and all location managers. • Explore advertising/PR opportunities in trade publications of franchisers and other business that look for business expansion sites (such as Franchise Times, circ. 100,000, targeting retail and restaurant franchisees). In addition, continue to do some national economic development advertising (such as the Wall Street Journal). • Advertise in selected economic development "special sections", such as the annual economic development section in "Palm Springs Life." • Host the 2nd annual breakfast event at the La Quinta Hotel for commercial real estate agents and commercial loan institutions, updating them on economic development within the City. Speakers will include the City Manager as well as key members of the Community Development and Public Works Departments. The event will also feature a full breakfast buffet (by invitation only). - Page 2 - `I =1 Community Involvement • Maintaining a presence in community activities, such as: > Golf Cart Parade > International Date Festival Parade • Plan grand opening festivities for the Civic Center Park, scheduled to open next spring. • Re -visit seasonal event signage/banners to give La Quinta a quaint, hometown community atmosphere. • Become more active in events hosted by local businesses, such as KSL's Breakfast of Champions during the Bob Hope Chrysler Classic and/or Mariachi Festival over Labor Day Weekend. • Coordinate promotional activities in conjunction with the new movie theater (late August or early September). In addition, purchase on -screen advertising at the theater (slide advertisements displayed prior to movie features). • Reserve a small portion of the budget for any miscellaneous collateral item needs that will arise throughout the year. - Page 3- 397 007 Kl'NER / G SELL A D V E AFS I N G Breakdown City of La Quinta Fiscal Year 2000-2001 Business Retention Programs: Television Advertising (production & media) $14,100 Radio Advertising (production & media) $ 5,500 Print advertising $18,000 Travel/Tourism Rack Card $13,700 Update/Expand Infomercial & Spot TV (prod. & medial $58,000 TOTAL BUSINESS RETENTION $109,300 Business Attraetion Programs: ICSC Program Ads and Fall Event $ 4,300 Film/Site Locator Marketing $ 3,000 Retail Trade Publication Advertising $ 6,500 National Economic Print Advertising (WSJ, etc.) $ 7,500 Palm Springs Life Advertorial $ 5,900 2nd Annual Commercial Realtors Breakfast $ 2,500 Development Process Brochure $ 2,500 TOTAL BUSINESS ATTRACTION $32,200 Community Involvement Programs: Golf Cart Parade $ 2,800 Date Festival Parade $ 1,400 Civic Center Park Grand Opening $13,000 Seasonal Banners $ 6,000 Support Various Business Events (i.e. Mariachi Fest.) $ 2,000 Bob Hope Classic Program Ad (design) $ 300 La Quinta 8 Theater Grand Opening $ 4,500 La Quinta 8 Theater Advertising $ 4,800 Miscellaneous Collateral Materials $ 5,000 TOTAL COMMUNITY INVOLVEMENT $39,800 Agency Retainer Kiner/Goodsell Retainer at 35 hours/month $36,000 TOTAL RETAINER $36,000 303 TOTAL MARKETING BUDGET: $217,300 73-101 Hwy. 111, Suite 4 Palm Desert, California 92260 760.773-0290 fax 760-773.1750 009 Tiht 4 4Q" COUNCIL/RDA MEETING DATE: July 5, 2000 Consideration of a Resolution Granting the City Manager Authority to Deny Without Prejudice the Transfer of Control of a Cable Television Franchise Granted to an Affiliate or Subsidiary of Time Warner, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: J(O- CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting the City Manager authority to deny without prejudice the transfer of control of a cable television franchise granted to an affiliate or subsidiary of Time Warner, Inc. FISCAL IMPLICATIONS: None for this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On February 11, 2000, Time Warner Cable and AOL Time Warner filed a FCC Form 394 with the City to transfer control of the cable television franchise from Time Warner to AOL Time Warner. Under FCC rules, the City was to review the request and take action within 120 days (i.e. by June 9, 2000) or the transfer request is deemed approved. Staff and special legal counsel, William Marticorena of Rutan & Tucker, endeavored to obtain certain information relative to the transfer and to reach agreement on the terms of the transfer agreement. As the June 9t" deadline loomed, it became evident that an extension request would be necessary to allow the cable companies time to respond to the City's request for information. Accordingly, the City requested, and Time Warner and AOL granted, an extension until the end of July 2000. If progress is made on the transfer agreement, the matter will be considered by the Council at the July 18, 2000 meeting. However, 3gg if the City and the cable television companies cannot reach agreement within the stated time frame, it may be advisable to deny the transfer of control request. In that light, and in an effort to give the City maximum flexibility within the stated time frame, Mr. Marticorena recommends that the City Council adopt the attached resolution granting the City Manager the authority to deny the transfer request (Attachment 1). Any action taken by the City Manager to deny the transfer will be coordinated through Mr. Marticorena and the Council will receive notification. FINDINGS AND ALTERNATIVES: The City's special legal counsel, Rutan & Tucker, has recommended that the City Council adopt a resolution denying without prejudice the transfer of control request by Time Warner/AOL Time Warner. Alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting the City Manager authority to deny without prejudice the transfer of control of a Cable Television Franchise granted to an affiliate or subsidiary of Time Warner, Inc.; or 2. Do not adopt a Resolution of the City Council granting the City Manager authority to deny without prejudice the transfer of control of a Cable Television Franchise granted to an affiliate or subsidiary of Time Warner, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, Britt W. Wilson, Management Analyst City Manager's Office Approved for submission y: homas P. Genovese, City Manager Attachment: 1. Letter from Rutan & Tucker dated June 12, 2000 CAMYData\WPDoea\CITY COUNCIL\CCSTFFCABLETELEVISIONCITYMORDENY 07-06-00.wpd 0019 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING THE CITY MANAGER AUTHORITY TO DENY WITHOUT PREJUDICE THE TRANSFER OF CONTROL OF A CABLE TELEVISION FRANCHISE GRANTED TO AN AFFILIATE OR SUBSIDIARY OF TIME WARNER, INC. WHEREAS, the City Council of the City of La Quinta (the "City") adopted an Ordinance establishing regulations for granting and operating cable television systems (hereafter referred to as the "Ordinance"); and WHEREAS, pursuant to the Ordinance, the City entered into a Franchise Agreement with an affiliate or subsidiary of Time Warner, Inc. (hereinafter referred to as the "Franchisee"), (hereinafter referred to as the "Franchise Agreement"). The Ordinance and the Franchise Agreement constitute, and will be hereinafter referred to as the "Franchise"; and WHEREAS, the Ordinance requires City Council consent to any transfer or change of control of the Franchise or the Franchisee; and WHEREAS, FCC Regulations (47 CFR Section 76.502(1)(1) require that in order for a cable operator to obtain approval of a transfer or change in control of the Franchise or the Franchisee, it must submit an FCC Form 394 and any other information as may be required by the City; and WHEREAS, the Franchisee has requested the consent of the City to transfer control of the Franchise and Franchisee to AOL Time Warner, Inc. (the "Transferee"); and WHEREAS, the Transferee has filed an FCC Form 394 with the City requesting City Council approval of the transfer of control of the Franchise Agreement and Franchisee to the Transferee (hereinafter referred to as the "Transfer"); and WHEREAS, in support of its Form 394 Application, the Franchisee and the Transferee have submitted to the City certain documents which are on file with the City Clerk, and are collectively referred to as -the "Transfer Documents;" and WHEREAS, the City, through its attorneys and consultants, submitted an Information Request to the Franchisee and Transferee on or about February 15, 2000 (the "Information Request"); and 003 WHEREAS, the Franchisee and Transferee have not fully and completely responded to the Information Request; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta does order as follows: 1. The City Manager, Assistant City Manager, City Attorney, the City's Special Counsel, outside consultants designated by the City, or their designees are hereby authorized to commence review and analysis of the FCC Forms 394 and obtain such additional information which they determine necessary to properly analyze and make recommendations upon the FCC Form 394. 2. The City Manager is hereby granted specific authority to deny the FCC Form 394 without prejudice, and the approvals requested therein, for the following reasons: A. Failure or refusal to file a proper or complete FCC Form 394 with all information required therein. B. Failure or refusal to provide all documents and information requested by City Staff, Special Counsel, and outside consultants retained by the City. C. Failure or refusal to reasonably cooperate with City Staff, City Attorney, Special Counsel and outside consultants retained by the City in undertaking due diligence investigations including, but not limited to, physical inspections of the cable television system and inspection of records relating thereto. D. Failure or refusal to demonstrate compliance with the Franchise, the Ordinance, the Cable Communications Policy Act of 1984 (the "1984 Cable Act") the Cable Television Consumer Protection Act of 1992 (the "1992 Cable Act"), the Telecommunications Act of 1996 (the "1996 Act"), any and all implementing regulations of the Federal Communications Commission, or any other applicable local, state or federal law. E. Failure of the Franchisee and/or Transferee to timely execute a Transfer Agreement acceptable to the City. F. Failure of the Franchisee and/or Transferee to agree to conditions of approval determined by the City Manager to be reasonably necessary to mitigate the concerns and issues as determined by City Staff. 004 3. The City Manager is hereby authorized, without further action of the City Council, to deny without prejudice any future FCC Form 394 filed by the Operator, or any related party, for any of the reasons set forth in Paragraph 2. 4. Any decision made by the City Manager pursuant to the authority granted in this Resolution shall be deemed a decision of the City Council for the purposes of Section 617 of the 1992 Cable Act and the implementing regulations of the Federal Communications Commission. PASSED, APPROVED and ADOPTED this day of , 2000, by the following vote: AYES: NOES: ABSTAIN: ABSENT: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, Acting City Attorney BW M/g/bw/resolution 00 RUTAN TAMES ROORE' FR MAR% A.W. RUTAN 11880-1972) MICHAEL T. HORNAK PHI LIP D KOHN IEFFREY N C ATTACHMENT 1 RICH A. CU RICHARD A. CURNUTT IOEL D. KUPERBERG ADAM N. ADAM -- LEONARD A HAMPEL STEVEN A. NICHOLS IEFFREY A B. T IR THOMAS G BROCKINGTON F. MICHAEL W. IMMELL WILLIAM W. WYNDER LAYNE H. n &TUCKER MILE D DAHL, W. DA DAL TVA KII DAL SKI HARRISON1 L. SKI H IEFFREY T. NG IEFF A THEOD E I I. WALLACERANEV IR' THEORT RANDA H BABBUSH ELISELARR K TRAYNUM L MEAN P. RRELL IF 5, S. ANOERSON I0 N UGER, GILtl ERT N. KRUGER MARY M. GREEN , R LARRY A. CERUTTI mARLENE POSE IURGENSEN E PO5' N T,R IOHN T. BRADLEY IOSEPH D. CARRUTH GREGG AMBER CAROL D. CARTY APRIL LEE WALTER ALISON L. ROSSMAN RICHARD P. SIMS MICHAEL F. SITZER PATRICK D. M<CALLA KAREN ELIZABETH WALTER ALLISON LEMOINE-BUI A T T O R N E Y S A T L A V V TAMES B. 0, NEAL ROBERT C. BRAUN THOMA51. CRANE MARK 8. IT RICHARD K HOWELL TAMES 5. WEISZ' NATALIE SIBBALD DUNDAS ALISON M BARBAROSH BILL H IHRKE KAREN L. MARTINEZ THOMAS 5, SALINGER- PENELOPE PARMES DAVID H. HOCHNER IOHN W. HAMILTON, IR. CHYI G. CHEN - DAVID C LARSEN' M. KATHERINE IENSON A. PATRICK MUNOZ IONN A. RAMIREZ T. LAN NGUYEN A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS CLIFFORD E. FRIEDEN DUKE F WAHLQUIST S. DANIEL HARBOTTLE LYNN LOSCHIN LISA V. NICHOLAS MICHAEL D RUBIN RICHARD G. MONTEVIDEO PAUL I. SIEVERS PHLIPI. BLANCHARD GEORGE A. GALLEGOS 611 ANTON BOULEVARD, FOURTEENTH FLOOR IRA G RIVIN• LORI SARNER SMITH IOSEPH L. MAGA. IT TERENCE 1. GALLAGHER COSTA MESA, CALIFORNIA 92626-1998 IEFFREY M ODERMAN' STAN WOLCO'T' ERNEST W. KLATTE, III ELIZABETH L. MARTYN KRAIG C. KILGER MICHAEL K. SLATTERY ROBERT E. KING PHA M. HEMINGWAY OF COUNSEL' EDWARD D. SYBESMA, IR.- DIRECT ALL MAIL TO: POST OFFICE BOX 1950 ROB HIT 5. BOWER KIM D THOMPSON DEBRA DUNN STEEL IULIE K. WHANG DAVID 1, GARIBALDI, III COSTA MESA, CALIFORNIA 92628-1950 DAVID J. ALESHIRE MARCIA A. FORSYTH IAYNE TAYLOR RACER DAVID B, COSGROVE DAN SLATER KENT M. CLAYTON DENISE L. MESTER W. ANDREW MOORE 'A PROFESSIONAL TELEPHONE 714-641-5100 FACSIMILE 714-546-9035 WILLIAM M MARTICORENA HANS VAN LIGTEN M ARK BUDENSIEK ALISON L. TSAO CORPORATION 1AMES L. MORRIS STEPHEN A. ELLIS STEVEN I- GOON CHARLES A. DAVENPORT, III INTERNET ADDRESS www.rutan.com WILLIAM 1. CAPLAN MATTHEW K. ROSS DOUGLAS 1. DENNINGTON DANIEL L. GEBERT Direct Dial: (714) 641-3416 E-mail: bmarticorena@rutan.com June 12, 2000 y, Britt Wilson ; ; 1 City of La Quinta ;' JON � � j; 78-495 Calle Tampico�� La Quinta, CA 92253 Re: AOL/Time Warner Transfer Dear Britt: In order to maximize timing flexibility, it is my recommendation that the City Council adopt the enclosed resolution which grants denial authority without prejudice to the City Manager. Sincerely, RUTAN & TUCKER, LLP William M. Marticorena WMM:vb Enclosure 007 124/015610-0004 87780.01 a06/12/00 TW91 4 4 Q" COUNCIL/RDA MEETING DATE: July 5, 2000 Consideration of Contract Services Agreement and Lease Extension with the La Quinta Chamber of Commerce for Fiscal Year 2000-2001 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a contract services agreement with the La Quinta Chamber of Commerce and authorize the City Manager to execute the contract. FISCAL IMPLICATIONS: The City's Preliminary Budget, adopted by the City Council on June 27, 2000, contains funds for the La Quinta Chamber of Commerce in the amount of $150,000 (Account 101-103-605-535). CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the general fund to encourage, support and promote economic development." The services provided for within the Chamber of Commerce contract will encourage, support and promote economic development. BACKGROUND AND OVERVIEW: Staff met with Chamber of Commerce representatives on June 22, 2000 to discuss the contract proposal for Fiscal Year 2000-2001. The Chamber of Commerce subsequently submitted a contract proposal outlining their proposal for next year's contract (Attachment 1). The Chamber is requesting $150,000 in funding for Fiscal Year 2000-2001, which is $5,000 less than the funding received during Fiscal Year 1999-2000. Staff prepared the attached Contract Services Agreement based on the Chamber's proposal for City Council's consideration (Attachment 2). The Agreement provides for four quarterly appropriations in the amount of $37,500 in exchange for services in the following four areas: ■ Business Retention and Promotion ■ Mainstreet Marketplace ■ The "Gem Newspaper ■ Visitor's Center It should be pointed out that Valerie Smith, Executive Director of the Chamber, has indicated that it is the Chamber's plan to offer six (6) Mainstreet Marketplaces as they did in Fiscal Year 1999-2000. The construction of the prototypical street on Calle Estado, however, may affect those plans. The Chamber is currently negotiating with Ralph's grocery store/shopping center as an alternate location to conduct the Mainstreet Marketplaces. Ms. Smith indicates that Ralph's has been supportive of the request, however, final plans for the location of Mainstreet Marketplace are unknown at this time. In approving the Contract, the Council will also be approving a one-year Lease Extension for the City owned property located at 51-351 Avenida Bermudas in the Village, which has been used by the Chamber as an auxiliary office. FINDINGS AND ALTERNATIVES: The City Council has reserved $150,000 within the Fiscal Year 2000-2001 Preliminary Budget for the Chamber of Commerce. The approval of a contract services agreement will allow the City and Chamber to implement the Chamber's proposals for Fiscal Year 2000-2001. The alternatives available to the City Council include: 1. Approve a contract services agreement with the La Quinta Chamber of Commerce and authorize the City Manager to execute the contract; or 2. Do not approve a contract services agreement with the La Quinta Chamber of Commerce; or 3. Provide staff with alternative direction. 401 0042 Respectfully submitted, &kdz� Britt 0. Wilson, Mana4ement Analyst City Manager's Office ro ed for submi ion Thomas P. Genovese, City Manager Attachment: 1. Chamber of Commerce 2000-2001 City -Chamber Contract Proposal 2. Contract Services Agreement for Fiscal Year 2000-2001 CAMyData\WPDOOs\CITY COUNCIL\CCSTFFCHAMBER CONTRACT FY00-01 07.05-OO.wpd 402 003 i U June 21, 2000 eR of co'a. A To: Tom Genovese, City Manager Mark Weiss, Assistant City Manager From: Shelly Morris, Chairperson Re: 2000-2001 City-Cl" atnher Contract Awposui ATTACHMENT 1 JUN 2 3 2000 3 w, �l��J6 ��iOJIl�J �fl C�' Y Uc`c S GI PT. We are pleased to submit the La Quinta Chamber of Commerce contract proposal for the period July 1, 2000 through June 30, 2001. The year 2000 provided the perfect opportunity for the chamber to emphasize its role of service to the community for the past 50 years. We will maintain this theme for the remainder of the calendar year to enhance public awareness of benefits to our membership and the local community provided by a pro -active Chamber of Commerce. The transitional period the chamber experienced this year as a result of staff turnover has had a significant impact on the Board. I am proud of the role my Executive Committee and Board of Directors played to maintain business as usual. I would also like to express my sincere thanks to the City Council and staff for their support. In a cooperative effort, we are able to report that we fulfilled the City -Chamber Contract for 1999-2000. Continuity and stability are important to the Chamber during this time of significant growth and development within the City of La Quinta and the entire Coachella Valley. With that fact in mind, our 2000-2001 proposal is similar to last years with the goal of expanding our scope of work to meet the needs of our changing community. Attached please find our Scope of Service proposal in the amount of $150,000 -- $5,000 less than the amount we received for 1999-2000. We are confident that our new Executive Director, Valerie Smith, will carry out all city contract requirements. She will aggressively dedicate time during this contract year to study past services rendered to the city and with the assistance of our committed officers, formulate a plan to strengthen the chamber's role in this community. 403 Za Qu lltlt Li1t1l1Jt7r't' Uf c'dwimiive POst Offu'- Nix 25 5 ,Ca �7ttiErttt, C 922 3 P'- 76U Z64 7 /V fax 700-504 -1 J I I 1 Page Two June 21, 2000 We are focusing on new technology that will allow our staff to operate more efficiently and realize greater outreach results. We feel it is imperative that an analysis be done of current facilities and membership benefits that have a direct impact on the chamber budget. Throughout the new contract year it is our hope to bring new, innovative ideas to the table that will benefit us all. Thank you in advance for your support. We look forward to our continued relationship with the City. M =0 \\ OF Gol/ Scope of Service The Chamber shall provide the following services: A. Business Retention and Promotion B. Mainstreet Marketplace C. The "Gem" Monthly Newspaper D. Visitor's Center (Brief Summary Attached) Amount Requested: $150,000 (Reduced by $5,000 from the 1999-2000 contract) Za Quijita Chamber C f (.'difi 11eree 405 P0: t Utfue %'Oki 2 i 5 LI i)uarta, C 4 92 2 ; 3 760- 5 64.3 / 99 - Sax 760-364-3 t t t Brief Summary: A. Business Retention and Promotion — Capitalizing on the reputation the City of La Quinta has as one of the valley's fastest growing communities, we will pursue the idea of promoting the Chamber as "one of the valley's fastest growing Chambers. " We would like to encourage the development of a "Marketing Committee" consisting of representation from the La Quinta Resort, Kiner-Goodsell, the Chamber, etc. A co-op effort to market La Quinta would benefit all. B. Mainstreet Marketplace — With the redevelopment of the Village, we are negotiating with Ralph's to hold the event at their site. We intend to take advantage of this temporary change to enhance the event. C. The "Gem" Newspaper — We are exploring the possibility of expanding our circulation to include the residents in the annexation survey area. D. Visitor's Center — With the increased exposure the City of La Quinta is receiving, we want to be sure we are keeping pace by providing up-to- date information in a timely manner to the increased inquiries we are receiving from visitors and potential businesses owners and residents. Ow 0.98 CONTRACT SERVICES ATTACHMENT 2 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 1999-2000 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. 1 407 099 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 Thousand ($150,000) (the "Contract Sum"). Payments shall be made upon receipt of invoice in accordance with the following schedule: Contract Payment July 15, 2000 $37,500 October 15, 2000 $37,500 January 15, 2001 $37,500 April 15, 2001 $37,500 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 2 0411 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, 2001. 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, Board Chairperson b. Pat Cross, Vice -Chair - Community Affairs Division C. Ian Helmstadter, Vice -Chair - Membership Services Division d. Kurt Spurgin, D.C., Vice -Chair - Special Events & Fund Raisers Division e. John Edwards, Treasurer f. Ron DiGrandi, Immediate Past Chairman f. Valerie Smith, 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. 3 409 O11 4.3 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. 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 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. 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 4 410 012 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. 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. 5 411 013 6.0 RECORDS AND REPORTS. 6.1 Rem. 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 2000, December 2000, March 2001, and June 2001. 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 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. 6 412 014 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 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. 413 7 015 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 party 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. 0. Box 1504 78-495 Calle Tampico La Quinta, California 92253 Attention: Thomas P. Genovese, City Manager To Contractor: LA QUINTA CHAMBER OF COMMERCE P. 0. Box 255 78-371 Highway 111 La Quinta, California 92253 8 016414 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. 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, 2001, according to its terms. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California CITY OF LA QUINTA, a California municipal Corporation By: THOMAS P. GENOVESE, City Manager City of La Quinta, California 66 415 017 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California Dated: to LA QUINTA CHAMBER OF COMMERCE By: Name: Title: "CONTRACTOR" 416 BE 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. 1. First report - September 2000 2. Second report - December 2000 3. Third report - March 2001 4. Fourth report - June, 2001 SAcitymgr\contract chamber 2000-01.wpd 11 41'7 011 Otl T 6 41 June 21, 2000 o� r0 Ll' + l JUN 2 3 2000 „. To: Tom Genovese, City Manager Mark Weiss, Assistant City Manager""` , t'r ;.� From: Shelly Morris, Chairperson Re: 2000-2001 Cite -Chamber Contract Proposai We are pleased to submit the La Quinta Chamber of Commerce contract proposal for the period July 1, 2000 through June 30, 2001. The year 2000 provided the perfect opportunity for the chamber to emphasize its role of service to the community for the past 50 years. We will maintain this theme for the remainder of the calendar year to enhance public awareness of benefits to our membership and the local community provided by a pro -active Chamber of Commerce. The transitional period the chamber experienced this year as a result of staff turnover has had a significant impact on the Board. I am proud of the role my Executive Committee and Board of Directors played to maintain business as usual. I would also like to express my sincere thanks to the City Council and staff for their support. In a cooperative effort, we are able to report that we fulfilled the City -Chamber Contract for 1999-2000. Continuity and stability are important to the Chamber during this time of significant growth and development within the City of La Quinta and the entire Coachella Valley. With that fact in mind, our 2000-2001 proposal is similar to last years with the goal of expanding our scope of work to meet the needs of our changing community. Attached please find our Scope of Service proposal in the amount of $150,000 -- $5,000 less than the amount we received for 1999-2000. We are confident that our new Executive Director; Valerie Smith, will carry out all city contract requirements. She will aggressively dedicate time during this contract year to study past services rendered to the city and with the assistance of our committed officers, formulate a plan to strengthen the chamber's role in this community. (-lJ 43111I1ti7 U/ C01I111teree Pd t Ofjiir Rav ; 418 Za )uilita, C 4 922 53 nn ^^ '60 id 5799 ga.e ?6U i64-31 t 1 020 Page Two June 21, 2000 We are focusing on new technology that will allow our staff to operate more efficiently and realize greater outreach results. We feel it is imperative that an analysis be done of current facilities and membership benefits that have a direct impact on the chamber budget. Throughout the new contract year it is our hope to bring new, innovative ideas to the table that will benefit us all. Thank you in advance for your support. We look forward to our continued relationship with the City. 419 021. (V FRo�oo0 Scope of Service The Chamber shall provide the following services: A. Business Retention and Promotion B. Mainstreet Marketplace C. The "Gem" Monthly Newspaper D. Visitor's Center (Brief Summary Attached) Amount Requested: $150,000 (Reduced by $5,000 from the 1999-2000 contract) 41 Quirrta Ckumber of ���alnrel e� r0st Offer,' hug 2; Cn ?,Wlta. C-�4 9_'2; S 760-564- 319 9 • j'av 760- ? 64- 111 4 2- 0 ogo Brief Summary: A. Business Retention and Promotion — Capitalizing on the reputation the City of La Quinta has as one of the valley's fastest growing communities, we will pursue the idea of promoting the Chamber as "one of the valley's fastest growing Chambers. " We would like to encourage the development of a "Marketing Committee" consisting of representation from the La Quinta Resort, Kiner-Goodsell, the Chamber, etc. A co-op effort to market La Quinta would benefit all. B. Mainstreet Marketplace — With the redevelopment of the Village, we are negotiating with Ralph's to hold the event at their site. We intend to take advantage of this temporary change to enhance the event. C. The "Gem" Newspaper — We are exploring the possibility of expanding our circulation to include the residents in the annexation survey area. D. Visitor's Center — With the increased exposure the City of La Quinta is receiving, we want to be sure we are keeping pace by providing up-to- date information in a timely manner to the increased inquiries we are receiving from visitors and potential businesses owners and residents. T DEPARTMENT REPORT: T4ht44Q" -� S OF TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City ManagV DATE: July 5, 2000 RE: Department Report — Response(s) to Public Comments The following is the response to public comments made at the June 20, 2000 City Council meeting: 1. Ms. Antoinette Ferguson asked the City Council why the entrance monument fountain at the west end of the City was not working. • The Mayor responded during the City Council meeting. No additional response was necessary. 422 DEPARTMENT REPORT: c&ht 4 4 QumS MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: MARK WEISS, ASSISTANT CITY MANAGER M DATE: JULY 5, 2000 SUBJECT: MEETING WITH TORRES-MARTINEZ TRIBAL REPRESENTATIVES Pursuant to the City Council's request, staff met with representatives of the Torres - Martinez Desert Cahuilla Indians, including Ms. Mary Bellardo, on June 19, 2000, regarding the Tribe's future gaming plans. Ms. Bellardo discussed legislation pending before Congress that would, if approved, settle a long-standing dispute between the Tribe, the Federal Government, and two utility districts (Attachment 1). Ms. Bellardo advised that the legislation would allow the Tribe to develop two casinos on lands that the Tribe held or acquired within two "Acquisition Areas." She advised that the Tribe is pursuing plans for one casino adjacent to the Salton Sea, but had not yet identified a second site. Staff inquired as to the rationale behind the proposed boundaries for the acquisition areas. Neither the Tribe nor City staff were in possession of current maps during the meeting clearly depicting the proposed boundaries. Ms. Bellardo advised, however, that the Primary Acquisition Area remained the same as proposed previously in 1996 (Attachment 2). Accordingly, the Primary Acquisition Area includes a portion of the City of La Quinta to the East and Southeast of Ave 56 (Airport Boulevard) and a diagonal line running South to Southeast of Lake Cahuilla. Ms. Bellardo indicated that she was not aware of any conscious attempt when these boundaries were developed to purposely include territory within the City of La Quinta. Staff has requested copies of the current legislation and proposed boundaries from Congresswoman Bono (Attachment 3). Ms. Bellardo advised that she believed it still possible at this time to amend the boundaries within the Acquisition Areas. She advised that the proposed boundaries of the Secondary Acquisition Area included properties adjacent to Interstate 10 and had been reduced in size from what was previously proposed to allay fears of desert cities specific to the Torres -Martinez Tribe's future casino plans. �. v Finally, Ms. Bellardo indicated that she hoped the Tribe's second casino would be an upscale development similar to some of the nicer developments in Las Vegas (i.e., Bellagio's, Ceasers Palace, etc.). She reiterated that the Tribe had made no commitment for a specific second casino site and indicated that the Tribe would be sensitive to the City of La Quinta's wishes regarding casino location. To that end, Ms. Bellardo requested that the Tribe be advised if the City intended to take a position in opposition to the proposed settlement legislation. Attachments: 1. Pending Congress Legislation 2. Map of primary acquisition area 3. Correspondence to Congresswoman Bono 424 s/cm/mw/dtmmtg0075 FILE No. 241 06/14 '00 09:08 ID:CONGRESSWOMAN MORY BONO 760 320 0596 nni^F F:\M6\B0N0\E0N0.014 l.Ufiu-]. CONGRESS >>a SEsssu.-)N He Re IN THE DOUSE OF 1. EPRESE.NT�VrIVES ATTACHMENT 1 Urs. F oNo introduced the following, ).,ill; which mis ref.'eri-ed to the Cinntnittee can A BILL To pi-mide for the Settlement of issues and claims related to the trust la.lids of the Torres-Alaitinez Desert Cahuilla Indimis, and for ether purposes. 1. Be it enaxled by the Senate and House of liepresenta- 2 tines of the United State-� of America in Congress assembled,, 3 SEMON 1. SHORT TITLE. 4 This Act a iay be cited as the "Torres -Martinez 5 D(?,;ert Calruilla bdiinis Claims Setticsme.11t Act". 6 SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSE. 7 (a.) FTNYA GS.—The Con nss finds the fc>.11o���nti: 8 (1) In 1876, the Torres -Martinez Biel l.n Re,,;- 9 ea-vati(M. MIS (.1110oted, reserving' a siuglL., 640-acre June t3, 2000 (2:41 PM) FAM0613001061300.0F A 06-14-00 09:21 RECEIVED FROM:760 326 9596 n4n2 5 004 P.01 FILE No. 241 06:14 '00 09:08 ID:CONGRESSWONAN MARY BONG 760 220 0596 F: \M6\BONA\1�ONO.014 H.L,(;. PAGE 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ,)p 21 22 23 24 25 June 13, 2000 (2:41 Phq) FAV 6\061300\061300,0F8 2 section of land in. the Coachella Valley, Califorl:na, north of the Salton Sink. The Reservation wtls ex- panded in 1891 by L.)ceeative Order, parse. alit to the Mission Indian Relief Act of 1891, adding about 12,000 acres to the original 640-acre reservation. (2) Between 1905 and 1907, flood waters of the Colorado River filled the Salton Sink, creating the Salton Sera., iminda.ting approximately 2,000 acres of th.e 1991 reservation la.rids. (3) In 1.909, an additional 1.2,000 acres of last—L, 9,000 of which were then submerged under tho Salton Sea, were added to the reservation ander a Secretarial Under issued pursuarlt to it. 1907 rallielicl- merit of the Mi8sion Indian Relief Act. Due to rored- ing Witter levels in the Salton Sea through the proe- ess of evaporation, at the time of the 1909 enlarg;e- m nt of the reservation, there were sorne axpeeta- tions that the &dton Sea would recede within a. pe- riod of 25 Years. (4) Through the present day, the mil-ority of the lands added to the reservation in 1909 remain , intinda,ted due 11i part to the flowage of natural run- off and ch•aina,ge water from. the irrigation sytitollv5 of the Imperial, Coachella, and b'Iexic:ali Vallcyti into the Salton Sea. 426 pp; 06-14-00 09:21 RECEIVED FROM:760 320 9596 P.02 FILE No. 241 06/14 '00 09:09 ID:CONGRESSWOMAN MARY BONO 760 320 059E F: \M6\BONO\BONO.014 Il.l..l'. PAGE 3 3 l (5) In addition to those lands that are inun- 2 dated, there are also tribal and indhridual Indian 3 lands located on the perimeter of the Skelton Sea 4 that are not currently irrigable due to lacy of proper 5 drainage. G (G) In 1982, the United. States brought an ae- 7 tion in trespass entitled "United States of America, 8 in its own Fight and ou belialf of Torres-Aartinez 9 Band of Mission Indians and the Allottees therein V. 10 tla.e Imperial Irrigation District and Coa,e11efla Valley 11 Water District", Case No. 82-1790 K (M). (here- 12 after in this section referred. to as the "U.S. Suit") 13 on behalf of the Torres -Martinez IndiaTi Tribe and 14 affected Indian allottees agaitlst the two water dis- 15 trios seeping damages related to the in1undatiorl of lb tribal- and allottee-owned lands and injunctive relief 1.7 to prevent f iture discharge of waiter on such lands. 18 (7) On August 20, 1992, the Federal District 19 Court for the Southern District of California, ent-erod 20 a judgment in the U.S. S1.lit regm.ring the, Coachella 21 Valley Water District to pay $212, 408.41 in last 22 and fature damages and the ImpMal Irrigation Dis- 23 trict to pay $2,795,694.33 in past and flitum dar-i- 24 ages in lieu of the United. States request for a per - June 13. 2000 (2:41 FM) F Av61061300\061300.OF 8 06-14-00 09:22 RECEIVED FROM:760 320 9596 427 006 P•03 FILE No. 241 06z14 TO 09:09 ID:CONGRESSWOMAN NARY BONO 760 320 0596 F:\M6\1B0N0\B0N0.014 H.L. PAGE 4 4 1 nianent injunction. against eontinued floodixxg of the 2 submerged lands. 3 (9) The United States, the Coachella. Valloy 4 Water District, and the Imperial frrigation District 5 have filed notices of appeal with the United. States 6 Court of Appc gals for• the Ninth Cirettit from the dis- 7 triet court's judgment in the U.S. Suit (Nos. 93- 8 55389, 93-5539S, and 93-55402), and the Tribe 9 has riled a notice of appeal frorrr the distriet csourt's 10 denial of its motion to intervene as a matter of right 11 (No.92-55129), 12 (9) The Court of Appeals for the Ninth Circuit 13 has stayed fiu•ther action on the apperals pending the 14 outeome of settlement negotiations. 15 (10) fn 1991., the Tribe brought its mvii law- 16 slut, Torres -Martinez Desert Cahuilla. Indians, et 17 al., v. Imperial Irrigation District, et al., Case No, 18 91.-1670 J (LSP) (hereafter in this section referred 19 to as the "Indian Suit") in the United States ME- 20 triet Court, Southern District of California, against 21 the two water districts, and amended the eomplaint 22 to inelade as it plaintiff, Mary Rewaloso, in her own 23 right, and as elas5 representative of gill other of 24 fected Indian allotment owners. June 13, 2000 (2:41 PM) F 5\061300\061300.OF8 42s 007 96-14-99 99:22 RECEIVED FROM:769 329 9596 P.94 FILE No. 241 %/14 ' OCR 09 : 09 1 D : CONGRESSWOMAN NARY BONA 760 320 0596 DOGE 5 F:\M6\BONO\BONO.014 H.L.O. 5 1 (11) The II1dian Suit Ims been. 5ta,,yod by the 2 d.istriet court to facilitate settlement negotiations. 3 (b) YI1RPUSE,—The: purpose of this Act is to fa.cili- 4 tate and implement the settlement agreement negotiated 5 and executed by the parties to the U-S. Suit and Indian 6 Suit for the purpose of resolving their conflicting claims 7 to their mutual satisfaction and in the public interest. 8 SEC. 3. DLFINITIONS. 9 For the parposes of this Act: 10 (1) TRIBE. —Tile teIm "Tribe" means the l l To) res-Martlliez Desert Cahullla Indians, a federally 12 recognized Indian tribe with a reservation located in 13 Riverside and Imperial Counties, California. 14 ' (2) ALIA)TTEES.—The term "allottees" means 15 those individual Tribe members, their successors, 16 heirs, and assigns, who have individual ownership of 17 allotted Indian trust lands within the Tor. res-Mar- 18 tiliez Indian Resem atlon. 19 (3) SAL'l'ON SEA.—�I'lle telrn "Salton SKI." 20 Inearis the inliuid body of water located in Riverside 2I and. Imperial Counties which wives as a drainagre 22 resem it for water from precipitation, nawral run- 23 off, Irrigation return flows, wastewater, floods, and 24 other inflow from within its watershed area.. June 13, 2000 (2:41 PM F AV61061300\061300-01-8 429 008 06-14-00 09:22 RECEIVED FROM:760 320 9596 P-05 FILE No. 241 06.14 '00 09:10 11):CONGRESSWOMAN MARY BONO 760 320 0596 PAGE 6 I~ -\M6\BONO\BONQ,O14 H_L.('. 0 1 (4) SETTLEMENT Aaft- YRAI NT.—The term- 2 "Settlement Agreement" means the Agreement of 3 Compromise and Settlement Concerning Chinas to 4 the Lfa.rids of the United States Within and ora. the 5 Perimeter of the Saalton Sea Drainage Reservoir 6 Held in 'Trust for the Torre:.-Martiriez 404.ens e�e- 7 c;uted on June 18, 1996, as modified by the first, 8 second, and third modifiwations thereto. 9 (5) SECI�IJTIUt Y.—The term "Secretary" means 10 the Secretary of the Ynteri.or. 11 (6) 1'L+'RYUNE-NT FLOWAGE EASEI-IE\T.—The 12 term "permanent flowage casement" means the per- 13 petual right by the water cli.stricts to use they de- 14 scribed lands in the Salton Sink within kind below 15 this minus 220-foot contour as a drainage: reservoir 16 to reeeive and store water from their resl)c ctive 17 water and drainage systems, including flood water, 18 return flows from irrigation, tail water, leach water, 19 operational spills, and any other water which over- 20 flows and floods sueh lands, origirirating from lands 21 within such water districts. 22 SEC. 4. RATIFICATION OF SETTLEMENT AGREEMENT. 23 The United States hereby approves, r:atifics, and eon- 24 firms the Settlern.ent Agr(.Tment. June 13, 2000 (2:41 PM) 009 F,IV6\061300\061300.0 B 430 06-14-00 09:23 RECEIVED FROM:760 320 0596 P.06 FILE No. 241 06/14 '00 09:10 ID=CONGRESSWOMAN MARY BONO 760 320 0596 PAGE 7 F:\M8\B0NO\P0N0.014 H.L.C. 7 1 SEC_ 5. SETTLEMENT FUNDS- 2 (a) I+ ST.A.BLI�HMENT OF TRf.BA-1, AND ALL0TTFl+ati 3 SRT`I'LEM-RNT ThusT FUNDS AcCOTJNTS.- 4 (1) IN (. 2NL1i.A.L.—Tliere iu-e estal)lished in the 5 Treasury of the United States three settlement trust 6 bind accounts to be known as the "Tor res-Martinez 7 Settlement. Trust Rinds Account", the "Torres-Mar- 8 tinez Allottees '7ettlP.r ent. Account I", and the 9 "Torras -Martinez Allottees Settlement Account rr", 10 respectively. 11 (2) AV�i.ILAIiILITY.—Al ousts llelcl iii the 12 'l.'orres-Alartiriez Setticm.ent Trust Funds Account, 13 the Torres -Martinez Allott.(,es Settlement, Ai-x,-oust I, 14 and the Torres -Martinez Allottees Settlement Ae- 15 count II shall be available to the, Secr0tl.u-v for dis- 16 tribut)-on to the Tribe and affected a,llottees III a.c- 17 cordance with subsection (e). 18 (b) COl\"1llJ130TiONS TO THE SET 1'LLJIEN`1' THUST 19 Fu\DS.- 20 (1) INT paid to the See- 21 retary for deposit into the trust fiend accounts esta.b- 22 1.1shed be quhseetloii (a) shall be ca.11oc:ated illll(nig 23 € nd deposited in the trust- aeoc>Ilnts In the remounts 24 determined by the provi5icin5 25 of the, settlernellt Agreement. June 13. 2000 (2:41 PNI) 010 F:1V6\061300\061300.0F8 n 66-14-06 69:23 RECEIVED FROM:766 320 9596 P•07 FILE No. 241 %/14 '00 09:10 ID=CONGRESSWOMAN MARY BONO 760 320 0596 Ti': \M6\B0N0\I10N0.014 1 (2) CASII PAY3IRN'1S BY COACHELLA VALLEY 2 WATER r)ISTRICT.—Within the time, in the runner, 3 and ulaon the conditions specified in the Settlement 4 Agreement, the Coachella 'Valley Writer District shall S pay the sum of .$337,908.41 to the United States for 6 the benefit of the Tribe and arly affected allottees. 7 (3) CASTI PAY1IENTS BY TA1P1,11VAI, IRRIGATI()\ 8 DISTRICT. --Within the tirrle, in. the manner, and 9 upon the conditions specified ixi the Settlement 10 Agreement, the Imperial. Irrigation District shatl pity 11 the sum of $3,670,694.33 to the United States for 12 the benefit of the Tribe and any affected allottees. 1.3 (4) CASI-1 PAYI:I;NTS BY T1=11--1, UNITED 14 STATES. —Within the tine and upon the conditions 15 specified in the Settlement Agreement, the Umtecl 16 States shall 17av into the three separate tribal and 17 allottee trust bind aeeounts the total sum. of 18 $10,200,000, of which suns--- 19 (A) $4,200,000 shall be provided frorn 20 moneys appropriated by Congress under section 21 1304 of title 31, United States Code, the condi- 22 tions of which are deemed to have been. met, in- 23 eluding these of section 2414 of title, 2€3, United 24 States Cede, and June 13, 2000 (2;41 PM) . F'MW613o0\061300.0 f =8 PAGE g 432011 06-14-00 09:23 RECEIVED FROM:760 320 9596 P.08 FILE No. 241 06,-14 '00 09:11 ID:CONGRESSWOMAN MARY BONO 760 820 0596 F:\M6\BONO\BONO.014 H.L.C. 1 (B) $6,000,000 shall be provided fi-om 2 moneys appropriated by Congress for this spe- 3 rific purpose to the Secretary. 4 (5) Am')rr10NAL PAITME, I TS,—.111 the event that 5 any of the sums described in paragraph (a) or (:3) 6 are not timely paid by the Coaohella, Valley Water 7 District or the Imperial Irrigation District, as th(--� 8 case may be, the delinquent payor slaall pay an addi- 8 tioual. sum equal to 10 percent, interest axially w) 10 the amount outstanding daily, compounded ye a_riy sari. 11 December 31 of each respective ,year, until all out- 12 aancling amounts due have been paid in full. 13 (6) SE�'E1 1ra1a1' LUBLE Foli PA�� li;N'c .—`.1'11e 14 Coachella Valley Water District, f1e Imperial. IrTiga- 15 tion District, and the United States shall each he 16 severally liable, but not jointly liable, for its respee- 17 tive obligation to make the payments speelfied by 18 tills subsection_ 19 (e) AUN11N1,S '1tc1TIUN OF S,2V1'TLEMENTT TituST 20 FuND.S.—The Secretary shall administer and distribute 21 funds held irr the Torres -Martinez Settlement Trust 22 Furids Account, the Torres, -Martinez iUlottees SetticzYle.Ilt 23 Account I, and the 'Torres -Martinez A.11ottees Settlerrient. 24 Account II in a(,eorc anee iirith the terms and conditions 25 (A the SettlenleTlt Agreement. e� June 13, 2000 (2:41 PM) F A V 6\0613001061300. 0 F B PAGE 9 0 1? 433 06-14-00 99:24 RECEIVED FROM:760 320 0596 P.09 FILE No. 241 06z14 W 09:11 ID:CONGRESSWOMAN MARY BONO 760 320 0596 PAGE 10 F:\M6\BQNO\BQNQ.014 H.la.C,. 10 1 SEC. 6. TRUST LAND ACQUISITIQN AND STATUS. 2 (ta.) A(,,QUTSITION AND PL1V"RM1,,NT OF L iNr)s, Ii\rro 3 TiWST.- 4 (1) IN 0ENE, TiAL.—The Secretary shall convey 5 izito trust status lands purchased or otherwise ae- 6 quired by the Tribe within the areas described in 7 paragraphs (2) and (3) in an am.ourtt not to exceed 8 1.1,800 acres in accordance with the terms, condi- 9 bons, criteria, and procedures set forth in the Settle- 10 went Agreement and this Act. Subjeet to slael7. 11 terries, conditions, criteria, acid procedures, all lands 12 purchased or otherwise acquired by the Tribe. and 13 conveyed into trust status for the beriefit of the 14 Tribe pursuant to the Settlement AgTeenlent and 15 this Act shall he considered as if such lands were 8o 16 acquired in trust status - 1909 except as (i) to 17 water rights as provided in subsection (e), and (ii) 18 to valid. tights existing at the time of acquisition 19 pursuant to this Act. 20 (2) PRIMARY ACQUISITION AREA.- 21 (A) IN GENERAT,.—Ta e primary area, with- 22 in which lands may be acquired pursuant to 23 paragraph (1) emisists of the lands located i11 r:. 24 the., l rim,:uy Acquisition Area, as d.ef ned in the. 25 Settlement Agreement. The amount of acr eago 26 that may be acquired from snclh area is 1.1.,800 June 13, 2000 (2:41 PMj 01 • ) FAV6\0613001061300.OF a 434 06-14-00 09:24 RECEIVED FROM:760 320 0596 P.10 FILE No. 241 06/ 14 ' 00 09 :11 1 D : CONGRESSWOMAN NARY BONO 760 320 t �59G F:\M6\BONO\BONn.014 H-L.C. PAGE 11 1 2 3 4 S 6 7 S 9 !0 11 12 13 1.4 15 16 17 18 19 20 21 22 23 24 25 June 13, 2000(2:41 PM) F:\v6\061300\061300.0i B 11 acres less the number of acres, acquired and conveyed into trust by reason of paragraph (2) . (13) EFPFCT oii, 1�13JFC'r'toN.—Lands re- ferred to in subparagraph (A) mta.y not be aC- quired pursuant to paragraph (1.) if by majority vote— (i) the governing body of the city within whose incorporated boundaries (a4 such boundaries exist on the date of the Settlein.ent Agreement) the subject lands are situated within, or (ii) the governing body of Riverside County, California, in the event that such lands are located within an unincorporated. area, fornia,lly objects to the Tribe's request to convey the subject hinds into trust and notifies the Secretary of such objection in writing within 60 days of receiving a copy of the Tribe's request in accordance with the Settlement Agreement. Such notification shall initiate the terms, condi- tions, criteria., and procedures referred to in p:arza.grapb (1) in accordance with which they Secretary shall determine Nvhether to approvl.� the raegi:usidora by the tribe. 06-14-00 09:24 RECEIVED FROM:760 320 0596 435 P.11 014 FILE No. 241 06/14 '00 09:12 ID:CONGRESSWOMAN NARY BONO 760 320 0596 F;\M6\BONO\B0�NO.014 IIM PPGE 12 1 2 3 4 5 6 7 p 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Juno 12, 2000 (2:41 PM) F:1V6\061300\061300-OR I 1.2 (3) SECONDARY ACQUISITION AREA. — (A) IN GENFMAi,.—Not more than 640 acres of laud may be aequired pursuant to paragraph (1) from those certain landq located in the Secondary Acquisition Area, as defined in the Settlement Agreement. EF FECT FFECT OF OT-3J CJCTION.—Lands re- ferred to in subparagraph (A) may not be ae- quil•ed pursaant to paragraph (1) if by nlapcity vote— (1) the governing body of the city within whose In orporated boundaries (as such boundaries ewist on the elate of the Settlement Agreeinent) the subject lands are situated within, car (i.i.) the governing body of Riverside Courity, California, in the event that such lands are located within ,in unincorporated. area, formally object-, to the Tribe's request to convey the subject lands into trust and notifies the Secretary of such objection in writirl{; within 60 dL ys of receiving a copy of the '.gibe's request in aec-ordance With the Settlement Agreement. Such notification shra.11. Initiate the terms, condi- 436 015 06-14-00 09:25 RECEIVED FROM:760 320 0596 P•12 FILE No. 241 06/14 '00 09:12 ID:CONGRESSWOMAN MARY 6ONO 760 320 0596 PAGE 13' F: \M6\BONO\BONO.014 Ii.L,C. 13 1 tions, criteria, and procedures referred to in 2 paragraph (1) in aceordanee with which the 3 Secretary shr.dl determine whether to approve 4 the requisition by the tribe. 5 (la) Rrs'I`lu"c,'IUNS ON CT14.1xIILT( .—The Tribe wav con-- 6 duct ganiirag on. orlly one site within the lands acquired 7 pursuant to subsection (a)(1) as rnore particularly pro- 8 vided in the Settlement Agreement. 9 (e) WATER Rjal-rr& All lands raecluirecl by the Tribe 10 uni.ler subsection (a) shall--- 11 (1) be sul1jectt, to all valid water rights existing 12 tit the time of tribal ra.erluisition, including (but not 13 limited to) all rights under anN- permit or lieense 14 issued under the laws of the State of California to 15 eol'meneo an appropriation of water, to appropriate 16 water, or to increase the amount of water appro- 17 printed; 18 (2) be siibjec.t to the paramount rights of any 19 person who at any time recharges or stones water in 20 ia. ground writer basin to reera,pture or recover the re- 21. charged or stored water or to authorize others to re- 22 capture. or recover the recharged or stored water; 23 and _. r June 13. 2000 (2,41 FM) 437 O PW6\0613001061300.0FE i 06-14-00 69:25 RECEIVED FROM:766 320 0595 P.13 FILE No. 9-41 Of / 14 ' 00 09 :12 I D : CONGRESSWOMPN MARY BONO 760 320 0596 FAM(ABONO\BON0.014 H.L.('. PGGE 14 14 1 (3) continue to erijov all valid water riglits ap- 2 purtenant to the land existing immediately prior to 3 the time of tribal acquisition. 4 SEC. 7. PERMANENT FLOWAGE EASEMENTS. 5 (rl.) t_.ONVEYIINCE OIL' EUAS�LMENT To COACEfET.fa11 6 VALLEY WA`i' m DISTRT(:7.- 7 (1) `1'RTN' L INTEREST.—Tho. United 0tates) in 8 its eapaeity as t1'UStP,e for• the Tribe, as well as for 9 wiy affected Indian allotment owners, and tlu!ir sue - to eessor•s and a."ig is, and the Tribo in its own right 11 and that of its successors and assigns, shall convey 12 to the Coachella Valley, Water District it permanent 13 flowage easement as to al.1 Indian trust, lands (ap- 14 proximately .1.1,800 acres) located within and below 15 the minus 220-foot contour of the Salton Sink, ill 16 accordance with the terms and conditions of the 8-et- 17 tlement Agreement. 1$ (2) U-NTTIyM STXrES INTEREST. —The United. 19 States, in its own right shall, notwithstanding, any 20 Prior or present reservation or withdrawal of land cif 21 zlnv kind, eonvq to the Coachella 'V`allev Water Dis- 22 trict a permanent flowage casement as to all Federal 23 lands (approximately 110,000 aerc s) located '%ithin 24 and below the minus 220-foot contour of the Salton June 13, 2000 (2141 Pm) F_W 6\061300\061300. 0 F 3 438 01'7 06-14-00 09:25 RECEIVED FROM:760 320 9596 P-14 FILE No . 241 0t �; l4 ' 00 09 :13 I D : CiONGRESSWDP1AN MARY BONO 760 320 0596 F: \M6\D0N0\B()N0,014 H.L.C. PAGE 15 15 1 Sink, in accordance with the terms and conditions of 2 the Settlement Agreerrient. 3 (b) CONvh,YiiwE oy EASEV EEW 110 fi%TP R.L'lJ, 1X111- 4 GATION DISTPxTCT. 5 (1) TRI1311I, INTEREST. —The tflllted States, in 6 its captacity as trustee for the Tribe, as well as for 7 any affected Indian allotment owrier.q, and their sue- 8 censors and assigns, and the Tribe in its owii right 9 and that of its successors and assigns, shall gra.iit 10 and convey to the Imperial Irrigation Distriet a per- 11 manent flowage easement as to all Indian trust 12 la.nils (approximately 11,800 acres) located within 13 and below the minus 220-foot contour of. the Saltoxr. 14 Sink, in accordri.nce with the tern►s rind conditions of 15 the Settlement Agreement. 16 (2) U.N'n'r) 13'r rr1 ,S.—The United States, in its 17 own right shall, notwithstanding aky prior oi- ls present reservation or withdrawal of land of any . 19 kind, grant and convey to the hiiperial Irrigation 20 District a permanent flowage easement as to all 21 Federal lands (approximately 110,000 acres) located 22 within and below the txainus 220-foot contoar of the 23 Salton Sirlh, Ili accordance with the terms and eon- 24 ditions of the Settlement Agreement. June 13, 2000 (2:41 PM) FAV61061300\061300.0R i 06-14-00 09:25 RECEIVED FROM:760 320 0596 018 430 P-15 FILE No. 241 06z14 '00 09:13 ID:CONGRESSWOMAN MARY BONO 760 320 0596 PAGE 16 F:\M6\BONA\Bt)N0.014 H.L.G. 16 1 SEC. 8, SATISFACTION OF CLAIMS, WAIVERS, AND k RELEASES. 3 (it) SATTSFACTION OF C:L�Ums.—The benefits avail- 4 able to the Tribe and the allottees under the terms and 5 eonditions of the Settlement Agreement and tyre previsions 6 of this Act shall constitute full and eomplete satisfaction 7 of the chinas by the Tribe and the allottees arising from 8 or related to the inundation arid lack of drainage of tribal 9 and a,llottee lands described in section 2 of this Act and 10 fti.rt.her det-inecl in the Settlement AgTeement. 11 (b) APPROV,iL OF W-MVERS .AND RELEASE S.—Thc 12 United States hereby approves mid confirms the releases 13 and waivers required by the 5ettlernent Agreement and 14 this Aet. 15 SEC, % MISCELLANEOUS PROVISIONS. 16 (a) ELI(xIBILITY la Ulf, BENE.FITS.----Not.hing in this 17 Act or the Settlement Agreement shall affect the eligibility 18 of the Tribe or its members for any Federal program. or 19 d1minlsh the trust responsibility of the United States to 2thc. �and ts nelnlers_Pribe i 2.1 (b) ELR-113IL1TY FOP, OTHEit SEm11cFs NOT Ai,,- EW 22 Frc"CED.—No payment pursuant to this At t shall result MME 23 in the recluetion or delrial of any Federal services or pro- 24 1,1rtcros to the Tribe or to mcinbers of the `Tribe, to whieli 25 they are entitled or, eligible beeause of their status as a. 26 C"eder illy recognized Indian tribe or member of the Tt-ibc. June 13, 2000 (2:41 PM) 440 019 FAV6\061300\061300-0F S 06-14-00 09:26 RECEIVED FROM:760 320 0596 P-16 FILE No. 241 06/14 '00 09:13 ID:CONGRESSWOMAN MARY BONO 760 320 0596 PAGE 17 I':\M6\BONO\BoNO,014 H_L-C. 17 1 (e) Puri sruwATION Of" EXISTIN(i RIGHTS. —Except 2 as provided in this Act or t.11e Settlement Agreeznent, any 3 right to whieh the Tribe iG entitled under existing 4 w Q-mall 4 not be affected or diminished. 5 (d) AMENDMENT Ole' SETTLFNIENT A{UItL :ML+'N`1'.J 6 The Settlement Agreement maybe amended from time to 7 time in accordance with its terms a,nd conditions. 8 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 9 There are authorized to be appropriated such sums 1.0 as are necessary to early out this Act. 11 SEC, It. EFFECTIVE DATE. 12 (a) YN GENEIUL.—Except as provided by subsection. 13 (b), this Act shall take Effect on the date of enactinent 14 of this Act. 15 (b) EXCLP'TION.—Sections 4, 5, $, 7, and 8 shall take 16 effect on the date on which the Secretary determines the 17 following conditions have been met; 18 (1) They Til.bc agroes to the Settlement Agree- 19 ment and the provisions of this Act and executes the 20 releases and waivers required by the Settlement 21 Agreement and this Act. 22 (2) The Coachella Valley Water District agrees 23 to the Settlement Agreement and. to the prm'jnjjs 24 of this Act. 441 June 13, 2000 (2:41 PM) F_IV8106130m0613oo.QFi) 66-14-06 09:26 RECEIVED FROM:766 320 9596 P.17 FILE No. 241 06%14 '00 09:14 ID:CONGRESSWOPIAN MARY BONO 760 320 0596 PAGE 18 F-\M6\BONG\BI)NO,014 H,L C. 1 (3) The Imperial Irrigation District agrees to 2 the Settlement Agreement and to the pro-6sions of 3 this Art, Hm June 13, 2000 (2:41 PM) F:1V6\0613001061300.OFB O 2 J- 06-14-00 99:26 RECEIVED FROM:760 320 9596 P.18 III. -4 f F;1 fl,� { { �� I ' 1 tip I...i14 v� y II: Y`T,i4 4 - 1 iaPl" '� .ft 0.ltia 't{'•M9`Y!TQ:+„i,,..y-' ^• ... ., I k 1 � I+ ..a..,+. t J i � I � ,,,,., ;_ �. a' '� a4jl Q , i � � !� 4k 1,�,'•jt�' � I. 1� 7'. �1 ••.,� R ty k I � y l I Y 1,,?a'{ I C f ',k�, ,.• I '�P a I •. 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Y)11 n"I \. r. lr r '.(., £•{ F !. /� f,.�4 I I I t:.. .. � �.'. t t- ? �-v Y• ...I. r ". A. (� �m..l, pt���� `� ...1. `. ' f�\ I' I�� I � I� I._ \ r�. jj .,; �>. r . t�cf i? " . b � ,: .��^ ,kAv a ,� � t{ ,•,'r,, 's. s�'• �#."E Jri� ("` I e I � - r I .. �. _, y_.._'� i.� Y A 1 Y . 14 iL I r ( PROIARY AND aF CONDARY LAND ACQUISITION ARA:A•S l . n "•�.`' I ' I FOR IIF. IORRUS MARTINF.L RF:4kRVArtory ✓ ( Nnn..ly Lurd Aryulalima r F i I I '• i OL7111h Ar.a I M�. I I � r �'. 1_•., I I sr.=n2ryWndAcyntuaFmAn•,,. 1 ! ' �, , 1_.,_. .. .4P I r.._ ... , .:'.'t It } ! LC.i�i-f+rrcr MLan.x Indi,m Nnnrv:wiun j � k ' � ', i A II i _.I •� ftdln J f �;.r�-r.Ln i i iI � , ;! L.___--...--�—-.._-_-.....—...w----`}-------.i—� �"�+ f. .•i } � kvy� Y`I I� � . I i. ' I �I � I!"-i I k .I "'.. 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Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 June 29, 2000 The Honorable Mary Bono Representative in Congress United States Congress-441h District 518 Cannon House Office Building Washington, DC 20515 Madame: Re: Torres -Martinez Desert Cahuilla Indians ATTACHMENT 3 (760) 7 7 7 - 7 0 0 0 (TDD) (760) 777-1227 The City of La Quinta is interested in legislation proposed to settle historic claims of the Torres -Martinez Desert Cahuilla Indians. City representatives, including Mayor John Pena, Assistant City Manager Mark Weiss, and myself have attempted to obtain additional information specific to this legislation without success. Specifically, the City would like the following: 1. A copy of the most current legislation; 2. A map depicting the proposed boundaries of the primary and secondary acquisition areas; 3. Information regarding the intent and true effect of the "veto" clauses (i.e., the legislation has language within it that would suggest that lands may not be acquired if the governing body of the City where these lands were located objected by majority vote. It has been suggested that this objection would serve as "veto" authority over such acquisition. Yet, the legislation also has language that suggests the "objection" would be referred to the Secretary who would "determine whether to approve the acquisition by the Tribe." Accordingly, does a City's objection truly constitute "veto" power, or is it merely considered, and possibly overruled, by the Secretary?); and 4. Information regarding the status of discussions pertaining to the extension of "veto" power to Cities on lands contained within a City's sphere of influence. 442 Mr.., The Honorable Mary Bono Page 2 Any effort you could make to ensure that the City obtains information on the above -would be greatly appreciated. Very truly yours, Thomas P. Genovese City Manager MW:kf c: John Pena, Mayor La Quinta City Council Mark Weiss, Assistant City Manager 44? 094 MW:kf/g/mw/bonotm629 DEPARTMENT REPORT JULY 18 JULY 20 JULY 26-28 AUGUST 1 AUGUST 15 SEPTEMBER 7 - 9 SEPTEMBER 11 SEPTEMBER 19 SEPTEMBER 26 OCTOBER 3 OCTOBER 17 NOVEMBER 7 CITY COUNCIL'S UPCOMING EVENTS CITY COUNCIL MEETING VOLUNTEER FIREMEN'S DINNER LEAGUE OF CALIFORNIA CITIES MAYORS AND COUNCIL MEMBERS FORUM IN MONTEREY CITY COUNCIL MEETING CITY COUNCIL MEETING LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE IN ANAHEIM 3RD ANNUAL MAYOR'S CUP GOLF TOURNAMENT CITY COUNCIL MEETING JOINT MEETING OF CITY COUNCIL AND ALL CITY COMMISSIONS/BOARDS/COMMITTEES CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING NOVEMBER 21 CITY COUNCIL MEETING / July 2000 Monthly Planner Printed by Calendar Creator Plus on 06/30/2000 44,? August 2000 Monthly Planner 1 12 3 � 4 2:00 PM City July Council S M T W T F S I Meeting 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 6 7 8 9 10 12 7:00 PM C.V. 19:00 AM RCTC- 12:00 PM Mosquito Pena Energy/Envi- Abate.-Perkins 15:30 PM Invest- Sniff 7:00 PM Plan- ning Commis - ment Advisory Board 7:00 PM Cultural Arts Commission sion Meeting 13 114 15 16 17 18 19 10:00 AM CVAG 9:00 AM CVB- 3:30 PM Historic: Public Safety- Henderson Preservation Perkins 12:00 PM CVAG 2:00 PM City Council Commission Transp-Perkins Meeting :7:00 PM Commu- nity Services Commission 20 21 22 23 24 25 26 7:00 PM Plan- 12:00 PM CVAG ning Commis- Human/Com- sion Meeting Adolph i4:00 PM DRRA Airp-Henderson 27 28 29 130 31 2:30 PM RCTC Budget -Pena September 6:00 PM CVAG- S M T W T F S Exec Com-Pena 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 Printed by Calendar Creator Plus on 0613012000 September 2000 Monthly Planner Oumd'y 11411 Filk CIT i ie5,ta,r rieunesual, i nursua,j, r-riaaj, --jaitrazij, ugust er I C 14 3 14 5 16 7 18 9 Labor Day 12:00 PM Holiday Mayor's Lunch Annual League Conference - Anaheim 10 11 12 14 10:00 AM CVAG 7:00 PM C.V. 9.00 AM RCTC- 12:00 PM Public Safety- Mosquito Pena Energy/Envi- Perkins Abate. -Perkins 5:30 PM Invest- Sniff 12:00 PM CVAG Transp-Perkins 7:00 PM Plan- ment Advisory 7:00 PM Cultural 7:00 PM Commu- ning Commis- Board Arts Commission nity Services sion Meeting 1 Commission 3rd Annual Mayor's Cup Golf Tournament 17 118 19 20 21 22 23 9:00 AM CVB- 7:00 AM Super - Henderson visor's Break- 2:00 PM City fast @ Herita- Council ge Palms Meeting 3:30 PM Historic:' Preservation Commission 24 25 26 28 30 PM RCTC 7:00 PM Plan- 12:00 PM CVAG Budget -Pena ning Commis- 1: Human/Com- 6:00 PM CVAG- sion Meeting l Adolph Exec Com-Pena 14:00 PM DRRA Airp-Henderson 446 Printed by Calendar Creator Plus on 06/30/2000 Cm` Barbara Ross & Bob Herrington RECEIVED 2000 JUN 3 J AM I I*. 0 8 48647 Vista Tierra La Quinta, CA 92253 CITY OF LA O U I N T A 760-564-4664 CITY CLERK'S OFFICE June 29, 2000 Honorable Mayor & City Council City of La Quinta La Quinta, CA 92253 Subject: U. S. Homes Development Dear Honorable Mayor and City Council Members: My husband and I reside in the Laguna De La Paz development. Our home is located on Vista Tierra, which is immediately adjacent to the proposed development by U.S. Homes. We feel favorable about the U. S. Homes development. The site on which it will be built is a unique, beautiful piece of land. It affords a breathtaking view of our majestic mountains in La Quinta. We enjoy our home and its view immensely. In fact, it is one of the primary reasons we purchased it. We look forward to sharing this view with future homeowners of the U. S. Homes development. However, we feel that existing homeowners should be given prime consideration in the planning process. Since the development has a direct and profound effect on the enjoyment of our homes, our spectacular view, and our financial investment, we respectfully request your consideration of the following four points: 1. One -Story Units We understand from Mr. Fred Baker that when the Planning Commission recommended the City Council's approval, they conditioned it with the requirement that the first row of homes adjacent to Laguna De La Paz be single -story units. We are very appreciative of that requirement. We request that the entire tract be '46_� _44- conditioned with that same requirement based on the following reasons: • VIEW -- Single -story units would insure the protection of an excellent view of the mountains for ALL to enjoy. Every cautious step needs to be taken to preserve views of our beautiful resource. Single -story units would significantly impact the preservation. • AESTHETICS -- Conditioning the entire tract to be single -story would be aesthetically advantageous not only for existing homeowners but for all homeowners in the new development. Having a mixture of elevations is not visually appealing. • COMPATIBILITY -- The desert environment lends itself to single - story residences, not multiple -story housing structures. That is demonstrated in the surrounding developments, which are primarily single -story units. Compatibility is essential. • CERTAINTY -- We understand that the City has been told by the developer that all homes would be single -story. Consequently, having a condition to that effect would not be adverse for the developer. Also, having a condition would provide certainty for adjoining homeowners. Without this condition, intentions and plans can change. • VALUE -- Good, sound planning now will enhance continuing value of all homes. 2. Pad Elevations We understand that pad elevations are comparable to those homes in Laguna De La Paz. We would anticipate that the conditioned pad elevations approved by the Planning Commission would not be violated. 3. Building Heights The building heights of 22 feet approved by the Planning Commission must be enforced with absolutely no exceptions. um F 4. Existing Hiking Trail It is our understanding that the current hiking trail on the mountain adjacent to the proposed development is 700 years old and was used by the Native Americans in the transportation of water over the mountains. We have hiked the trail many, many times. We request that the City Council condition U. S. Homes to allow public accessibility to the Native American hiking trail due to the following: • It is historical. Its preservation is a means of honoring our Native American culture. • Its value is only realized through accessibility for all people within the greater community. Should we not protect it and allow the citizens continued enjoyment of this natural resource? If Big Horn Sheep is an issue, has any documentation been compiled by the Department of Fish and Game? If so, when? We would like to thank Mr. Fred Baker with the City of La Quinta. He has been very kind, helpful, and communicative. Honorable Mayor and City Council, thank you for your time and for allowing us an opportunity to express our views. We trust that you will consider the above requests: (1) Condition that all units in the development be one-story. (2) Insure that the pad elevation is consistent with existing homes in Laguna De La Paz. (3) Insure that the building heights remain as recommended by the Planning Commission. (4) Condition accessibility to the existing historical hiking trail that is part of our heritage in La Quinta. Thank you. HerringtonBarbara A. Ross Bob 3 449 T4ht 4 4 Q" COUNCIL/RDA MEETING DATE: July 5, 2000 Continued Joint Public Hearing Between the La Quinta Redevelopment Agency, the City Council and RecreAction Group of Companies and LINC Housing to Consider Two Affordable Housing Agreements Between the Agency and RecreAction Group of Companies and LINC Housing RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Continue the joint Public Hearing of the City Council until August 1, 2000. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Upon electing to terminate the existing agreements with the Catellus Residential Group for the Miraflores residential development, the Agency authorized staff to negotiate with RecreAction Group of Companies (RGC). The goal was to achieve an orderly transition of this project to a new development entity. RGC has agreed to assume the Miraflores development with no modifications to the site plan and building configurations. The agreements required to institute the RGC transaction are still in negotiations. Thus, staff is requesting that the Public Hearing be continued until August 1 st in order to finalize the Agreements with RGC and make them available for public review.- C:\My Documents\WPDOCS\CCJH-RGC CC.wpd FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Continue the joint Public Hearing of the City Council until August 1, 2000; or 2. Provide staff with alternative direction. Respectfully submitted, -ry H$rman mmunity Development Director Approved for submission by: Thomas P. Genovese, City Manager 451 C:\My Documents\WPDOCS\CCJH-RGC CC.wpd T4t!t 4 4 Q9m& COUNCIL/RDA MEETING DATE: July 5, 2000 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; and Approving the Restated and Amended Agreement for the Collection, Transportation and Disposal of Municipal Solid Waste and the Restated and Amended Agreement for the Collection and Recycling of Recyclable Materials RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: a Adopt a Resolution of the City Council approving and adopting the report prescribing the charges for residential parcels for City -furnished refuse collection for Fiscal Year 2000-2001 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 2000-2001; and Adopt a Resolution of the City Council approving a Restated and Amended Agreement for the Collection, Transportation and Disposal of Municipal Solid Waste; and Adopt a Resolution of the City Council approving a Restated and Amended Agreement for the Collection and Recycling of Recyclable Materials. FISCAL IMPLICATIONS: The proposed assessment and rates maintain the waste collection service fee currently charged on the City's tax rolls for residential users and collected by Waste Management for commercial and roll -off users. P:\JERRY\JHwaste-report-reso-OO.wpd The 2000/2001 residential assessment for waste collection service fees are a follows: Residential collection service fee 7.01 Dump fee 2.34 AB 939 Compliance 0.61 TOTAL MONTHLY CHARGE $9.96 TOTAL ANNUAL ASSESSMENT $119.52 The commercial and roll -off waste collection service fees are identified 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 service fees for residential users or the County's property tax billing. The current Waste Agreement permits the waste hauler to request a rate increase that represents half of the Consumer Price Index (CPI). However, a rate increase is not requested this year. The City's contracts with Waste Management of the Desert for refuse collection and recycling services expire on July 31, 2001. City staff has been negotiating Amended and Restated Agreements pursuant to City Council direction. Restated and Amended Agreements contain the following changes: Municipal Waste Agreement - Transfer Station: Language has been added to reflect Waste Management's interest in establishing a future transfer station. The "Service" fee portion of the rate is not to be affected by the establishment of a transfer station. Automated Collection: Automated collection is continued throughout the City with requirements for Homeowner Association notification for voluntary program participation. Disabled Assistance Program: Waste Management will provide back, or side yard service for disabled and elderly customers at no additional charge. Low Emission Vehicles: Requires Waste Management to convert to 100% low emission vehicles by December 31, 2003. 453 P:\JERRY\JH waste-report-reso-00. wod Maintenance of Financial Records/Audit: Requires Waste Management to keep accurate records and allows the City to conduct an audit. It eliminates the requirement for annual audit. Assignment and Subcontracting: Expands upon the City's rights to review and approve assignment. Indemnification: Removes the $1 million Waste Management liability limit. CPI Increases: The City Attorney has suggested alternative language to clarify the consideration of future requested rate increases. Staff and Waste Management will strive to prepare acceptable language for consideration. Waste Management may request increases equal to fifty percent of CPI, but must pay one-half of the processing costs up to $3,000. Disposal Charge Reconciliation: This section is eliminated in that Waste Management and staff believe adequate historical data exists to accurately account for disposal costs within the collection rates. Maximum Rates: The contract provides that the City's rate shall not exceed 103% of the average rate in the Coachella Valley and shall not exceed the rate for more than one other City in the Valley. On -Call Bulky Item Collection: Waste Management shall provide unlimited on -call bulky item pickup (as opposed to the semi-annual cleanups). Guaranty: The City Attorney has suggested alternative language to clarify the Guaranty provisions of the Agreements. Staff and Waste Management will strive to prepare acceptable language for consideration. Recycling Agreement ABOP Program: Waste Management will submit an application for grant funding for an Antifreeze, Batteries, Oil and Paint (ABOP) Program by August 30, 2001. The center will be housed at Waste Management's yard in Palm Desert. Used Motor Oil and Filter Recycling: Waste Management will provide curbside collection and recycle used motor oil and oil filters. Backyard Recycling: Waste Management will provide backyard recycling services to residential customers receiving backyard solid waste_ service at no extra charge. Disabled and elderly customers will receive backyard recycling service at no additional charge. 454 Construction Recycling Program: Waste Management will implement a program to inform contractors of recycling opportunities geared to reduce waste and contractor costs. 003 P:\JERRY\JHwaste-report-reso-00. wpd Recyclables Collection: Waste Management will collect single family recyclables at curbside in 32-gallon containers at no charge; commingled recycling collection shall be provided to multi -family units at no charge. Recycling Containers: Waste Management will replace the three stackable crates with a 32-gallon cart for automatic pick up, or one crate for commingled recycling. Other Issues Term: The term of the current Agreements are for five years. The Amended and Restated Agreements are for eight years (one year remaining on the current contract plus seven years). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving and adopting the report prescribing the charges for residential parcels for City -furnished refuse collection for Fiscal Year 2000-2001 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 2000-2001; and Adopt a Resolution of the City Council approving a Restated and Amended Agreement for the Collection, Transportation and Disposal of Municipal Solid Waste; and Adopt a Resolution of the City Council approving a Restated and Amended Agreement for the Collection and Recycling of Recyclable Materials; or 2. Do not adopt the rates or the Amended and Restated Agreements; or 3. Provide staff with alternative direction. Respectfully Hern)an iunity Development Director Approved for submission by: 455 004 Thomas P. Genovese, City Manager P:\JERRY\JHwaste-report-reso-00. wpd RESOLUTION 2000- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING THE REPORT PRESCRIBING THE CHARGES FOR RESIDENTIAL PARCELS FOR CITY - FURNISHED REFUSE COLLECTION FOR 2000-2001 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 5, 2000, this City Council conducted a public 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, 00) C:\My Documents\WPDOCS\ccresoWasteRpt.wpd 456 Resolution 2000- Waste Charges July 5, 2000 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. 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, 2001 through December 31, 2001. 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 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 2000- 2001, 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 5, 2000, 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 5th day of July, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California 457 C:\My Documents\WPDOCS\ccresoWasteRpt.wpd 006 Resolution 2000- Waste Charges July 5, 2000 ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney BY M. KATHERING JENSON, Acting City Attorney City of La Quinta, California 458 0107 C:\My Documents\WPDOCS\ccresoWasteRpt.wpd EXHIBIT A � U s 77 psdodo] 6 ee 99.1 dun � Q � U a |%@ U) O M U) � � Z � W � 2 2 3 q J O - f U � ° J � E O k U � / L� W k E W- a 7 $ ¥ Q S ■ ƒ / $ Ci ■ V- t � � � � 2 2 2 2 7 c \ 2 2 2 2 o \ R f ¥ m 6 � 2 \ 2 2 k k C 2 2 2 o� / k / �2 U U J f m • � (D • m 5 k{ k (D 7 E% E b E m b o m @ 3 a%a ■ @ 3 % mom © ■ 2 a- m c m o 2 c m § - - ( @ - 6 = - (a_ m / / ƒ $ ƒ / \ ƒ $ \ > 3f�\kf/�7f� \ E .@ E » \ �/. 2 0 3 - a m § Lp 2 o« / M Rf 2 � .§ /k a � $ 7 0 2 / / � k � � / .0 2 \ .> § & CL Z3 % 2 E 3 ? \/ 2LO / § / 0 m m ° 7 0 k / / k § / c d) f CL E a f, /' S2/§ « m g m E 2 m � \ $ U ° �/ A/« $ k E / k 2® > 0 m $ m ■ / E 2 k c > w / §22kfk E 2 � ■ ° a ■ � a a o ƒ k / 0 ca g c c_ c ) o 3 v » - o & = a •- ■ 2 t a) � $ § ■ @ 2 c A f 2 « S 2 R w « 459 RESOLUTION 2000- 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 2000-2001 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 the time and place of a hearing thereon to be published pursuant to Section 6066 of the Health and Safety Code of California identifying that the proposed rates will remain the same and not increase; and, WHEREAS, at the time stated in the notice, to wit: July 5, 2000, 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, 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 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 2000/2001. SECTION 4. The said Commercial and Roll -off refuse collection charges shall be for the Fiscal Year 2000/2001. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta City Council, held on this 5" day of July, 2000, by the following vote, to wit: P:\J ERRY\JHreso-wast-commercial-00. wpd sm Resolution 2000- Waste Fees July 5, 2000 AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney BY H. KATHERINE JENSON, Acting City Attorney City of La Quinta, California P:\JERRY\JHreso-wast-commercial-OO.wpd 461 EXHIBIT A 100% FRANCHISED JULY 2000 1 $ 48.34 $ 17.47 $ 3.88 $ 69.69 2 $ 84.20 $ 33.29 $ 7.76 $ 125.25 3 $ 118.30 $ 49.21 $ 11.63 $ 179.14 4 $ 152.21 $ 64.99 $ 15.51 $ 232.71 5 $ 186.18 $ 77.59 $ 19.39 $ 283.16 6 $ 220.41 $ 96.54 $ 23.27 $ 340.22 EXTRA EMPTY $ 28.68 100% FRANCHISED JULY 2000 • .A NEW START FEE $ 5.71 RE -START FEE $ 15.00 DELIVERY FEE $ 16.16 LOCKED ENCLOSURE OR BIN PULL-OUT > 35' (per pick-up) $ 4.64 BIN PULL-OUT > 20' $ 26.55 LOCKING CONTAINER $ 51.81 REPLACEMENT LOCKING BAR $ 34.58 SATURDAY (for service < 6x/wk) $ 21.54 011. 462 Ia- Z 5 QY J LL }O F- CU 0 0 0 N J w U) O a O a U 0 v a� E m L C 0 Il- T T M N T cn 6n N � U N N N 2) N 0- U cn P J 7 m Z' co > j aco coo (n N 0 W N IT � T T a a o w w a w o00 w w x w LL <O } } } J O O O J N M 't O a �i 0 z I� N 7 LO � N ��619, Y U N � U N LL '0 LL It CD m L 1= -�5 ca 463 RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE RESTATED AND AMENDED AGREEMENT FOR THE COLLECTION, TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE BY AND BETWEEN THE CITY OF LA QUINTA AND WASTE MANAGEMENT OF CALIFORNIA, INC. WHEREAS, Chapter 6.04 of the La Quinta Charter and Municipal Code authorizes the collection, transportation and disposal of municipal solid waste; and WHEREAS, City staff has negotiated a Restated and Amended Agreement, pursuant to City Council direction, with Waste Management of California, Inc., for the collection, transportation and disposal of municipal solid waste. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta that the Restated and Amended Agreement for Collection, Transportation and Disposal of Municipal Solid Waste by and between the City of La Quinta and Waste Management of California, Inc., (Attachment 1) is hereby approved. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta City Council, held on this 5th day of July, 2000, by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM DAWN C. HONEYWELL, City Attorney BY M. KATHERINE JENSON, Acting City Attorney 013 464 C:\My Documents\WPDOCS\ccresoWasteCollTransp.wpd AMENDED AND RESTATED AGREEMENT FOR THE COLLECTION, TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE BETWEEN THE CITY OF LA QUINTA AND WASTE MANAGEMENT OF CALIFORNIA, INC. JUNE 30, 2000 - JULY 30, 2008 014 C:\My Documents\WPDOCS\ContWaste2000.wpd June 23, 200465 Table of Contents ARTICLE TERM.......................................1 Section 1.1 Term ................................... 1 ARTICLE II SCOPE OF WORK ............................... 1 Section 2.1 Scope of Work ............................ 1 Section 2.2 Transportation and Disposal of Solid Waste ........ 2 Section 2.3 City-wide Automated Solid Waste Collection ........ 3 Section 2.4 Hazardous Waste Obligations of Contractor ........ 8 Section 2.5 Advisory Obligations of Contractor .............. 9 Section 2.6 Operational Requirements ..................... 9 ARTICLE III EQUIPMENT AND PERSONNEL ..................... 10 Section 3.1 Refuse Collection Vehicles ................... 10 Section 3.2 Low Emission Vehicles ...................... 11 Section 3.3 Containers .............................. 11 Section 3.4 Employees .............................. 11 ARTICLE IV SUPERVISION ................................ 12 Section 4.1 Authority of City .............. 12 Section 4.2 Quantity of Municipal Solid Waste .............. 13 Section 4.3 Public/Customer Service and Accessibility ......... 13 Section 4.4 Complaints .............................. 13 Section 4.5 Customer Information and Public Education ........ 13 ARTICLE INSURANCE..................................17 Section 5.1 General Liability Insurance .................... 17 Section 5.2 Worker's Compensation and Employer's Liability Insurance ............................... 18 Section 5.3 Notice to City, Evidence of Insurance ............ 18 ARTICLE VI PERFORMANCE BOND .......................... 19 Section 6.1 Performance Bond ......................... 19 ARTICLE VII REPORTS....................................19 Section 7.1 Records and Reports; Solid Waste Collection ....... 19 Section 7.2 Inspection by City ......................... 20 Section 7.3 Maintenance of Financial Records .............. 20 Section 7.4 Audit .................................. 23 ARTICLE Vill ASSIGNMENT AND SUBCONTRACTING .............. 24 Section 8.1 Assignment and Subcontracting ............... 24 C:\My Documents\WPDOCS\ContWaste2000.wpd 11 015 June 23, 2000 466 ARTICLE IX BREACH, DEFAULT AND TERMINATION .............. 26 Section 9.1 Breach, Default and Termination ............... 26 ARTICLE X INDEMNITY .................................. 26 Section 10.1 Indemnification ........................... 26 Section 10.2 Hazardous Substances Indemnification ........... 29 Section 10.3 AB 939 Indemnification ..................... 29 ARTICLE XI COMPLIANCE WITH ALL LAWS .................... 30 Section 1 1.1 Compliance with All Laws .................... 30 ARTICLE XII TAXES.....................................31 Section 12.1 Taxes .................................. 31 ARTICLE XIII EXCLUSIVE RIGHTS ............................ 31 Section 13.1 Grant of Franchise ......................... 31 Section 13.2 Scope of Franchise; Exclusiveness .............. 31 ARTICLE XIV RATES.....................................32 Section 14.1 . Maximum Rates to be Charged ................ 32 ARTICLE XV REVIEW OF RATES ............................. 32 Section 15.1 CPI Based Change ......................... 32 Section 15.2 Extraordinary Cost Based Change .............. 34 Section 15.3 Supporting Information ...................... 35 Section 15.4 Decision; Effective Date ..................... 35 Section 15.5 Final Year Payments ........................ 35 Section 15.6 City Right to Set Rates ...................... 35 Section 15.7 Maximum Rates ........................... 36 ARTICLE XVI CONTRACTOR PAYMENTS TO CITY ................ 36 Section 16.1 Franchise Fee Payments ..................... 36 Section 16.2 Fees Collected by Contractor on Behalf of City ..... 36 ARTICLE XVII COLLECTION FROM CITY FACILITIES AND CITY CLEANUPS 37 Section 17.1 Regular Disposal Service ..................... 37 Section 17.2 On -Call Bulky Item Collection ................. 37 Section 17.3 Disaster Debris Cleanup Implementation Plan ...... 38 Section 17.4 Illegal Dumping Assistance ................... 39 Section 17.5 Special Event Toilet Facilities ................. 39 ARTICLE XVIII HOLIDAYS ................................... 39 Section 18.1 Holidays ................................ 39 ARTICLE XIX OBLIGATIONS OF CITY .......................... 39 016 C:\My Documents\WPDOCS\ContWaste2000.wpd 111 June 23, 2000467 Section 19.1 Reasonable Cooperation ..................... 39 Section 19.2 Exclusivity .............................. 40 ARTICLE XX GENERAL PROVISIONS .......................... 40 Section 20.1 Definitions .............................. 40 Section 20.2 Right of the City to Make Changes .............. 43 Section 20.3 Contractor's Status ........................ 44 Section 20.4 Force Majeure ............................ 44 Section 20.5 Failure to Perform ......................... 44 Section 20.6 Sale of Recyclables ........................ 45 Section 20.7 Rights, Remedies and Benefits Cumulative ........ 45 Section 20.8 Waivers ................................ 45 Section 20.9 Approval by City .............. ........ .. 45 Section 20.10 Notices ................................. 45 Section 20.11 Arbitration .............................. 46 Section 20.12 Legal Jurisdiction .......................... 46 Section 20.13 Paragraph Headings ........................ 46 Section 20.14 Entire Agreement .......................... 46 Section 20.15 Subcontracting ........................... 47 Section 20.16 Compensation to Contractor .................. 47 Section 20.17 Fees for Refuse Collection ................... 47 Section 20.18 Fees for Unusual Conditions .................. 47 Section 20.19 Change of Ownership ....................... 47 Section 20.20 Contractor's Employee Relations ............... 47 Section 20.21 Bankruptcy .............................. 47 Section 20.22 Invalid Provisions .......................... 48 Section 20.23 Waiver of Performance ...................... 48 Section 20.24 Warranty ............................... 48 Section 20.25 Exhibits ................................ 48 Section 20.26 Guaranty by Waste Management, Inc. ........... 48 ARTICLE XXI OTHER OPERATIONAL REQUIREMENTS .............. 49 Section 21.1 Rules and Regulations Governing Recyclable Materials 49 Section 21.2 Cooperation with Subsequent Providers .......... 49 Section 21.3 Indemnification Regarding Lawsuits Challenging This Agreement .............................. 49 Exhibit A REFUSE COLLECTION RATE AND DISPOSAL CHARGE 0117 C:\My Documents\WPDOCS\ContWaste2000.wpd 1V June 23, 2000 4 68 THE CITY OF LA QUINTA AMENDED AND RESTATED AGREEMENT FOR THE COLLECTION, TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE THIS AMENDED AND RESTATED AGREEMENT is made and entered into as of the day of , 2000, by and between the CITY OF LA QUINTA, a municipal corporation (hereinafter referred to as the "City") and WASTE MANAGEMENT OF CALIFORNIA, INC., a California corporation doing business as Waste Management of the Desert (hereinafter referred to as "Contractor"). ARTICLE I TERM Section 1.1 Term The Term of this Amended and Restated Agreement shall commence 2000 and shall end July 30, 2008, unless earlier terminated as provided herein. IT:VtIs] 4 4111 SCOPE OF WORK Section 2.1 Scope of Work The Contractor shall collect, transport and dispose of all Municipal Solid Waste ("MSW") generated at Residential, Commercial, Industrial and Institutional Premises located within and under the jurisdiction of the City. The work to be done by Contractor includes the furnishing of all labor, supervision, equipment, materials, supplies and all other items necessary to perform the services required, including all finances and monies required for performance of the obligations of this Agreement and for financing, working capital and all other operating costs of every kind and description. The enumeration of, and specification of requirements for, particular items of labor or equipment shall not relieve the Contractor of the duty to furnish all others that may be required, whether enumerated or not. The work to be done by Contractor shall be performed in a thorough, workmanlike and efficient manner to the reasonable satisfaction of the City, so that residents, businesses and institutions within the City are provided reliable, courteous and high quality solid waste collection at all times. 018 C:\My Documents\WPDOCS\ContWaste2000.wpd June 23, 2000 Section 2.2 Transportation and Disposal of Solid Waste Contractor shall transport and deliver all MSW collected pursuant to this Agreement to the Disposal Site designated by the City. MSW shall become the property of the operator of the Disposal Site (or other designee of the City as the City may determine from time to time) once it is delivered to the Disposal Site. Contractor shall maintain accurate records of the quantities of MSW delivered to the Disposal Site and shall cooperate with the City or its agents in any audits or investigations of such deliveries. Contractor shall cooperate with the operator of the Disposal Site with regard to operations therein, including by way of example, complying with directions from the operator to unload collection vehicles in designated areas, accommodating to maintenance operations and construction of new facilities, cooperating with the operator's Hazardous Waste Exclusion Program, and cooperating with the operator's tonnage tracking system. Unless and until the City designates in writing a different Disposal Site, or approves a written request by Contractor to change the Disposal Site, Contractor shall continue to deliver all MSW to the Coachella Landfill or, if that landfill is temporarily unavailable, to the Edom Hill Landfill. City shall have sole and absolute discretion to grant or deny Contractor's written request for a change of Disposal Site. If Contractor experiences increase operational costs due to increased transportation or operating costs resulting from City's designation of a Disposal Site other than the Edom Hill Landfill, the following procedures shall be followed: Contractor shall submit to City written, detailed documentation describing the reason for said transportation and/or operational cost increases. City may appoint an auditor to review contractor's documentation. The cost of the audit shall initially be paid by City, however, in the event that there is a discrepancy of five (5) percent or greater between the Contractor's operation costs and the City's audit review, then the Contractor shall reimburse to the City any amounts paid for the City's audit. Contractor shall provide any supplemental information requested by City or the auditor. If City determines that the transportation and/or operational cost increases are justified, City shall approve an increase in compensation to Contractor accordingly. If, in the opinion of City, Contractor may experience decreased operational costs such as decreased transportation, operating or variable costs resulting from City's designation of a new Disposal Site, the following procedures shall be followed. City shall provide and discuss with Contractor a written description of the operational and/or capital costs that City believes will decrease as a result of a change in the Disposal Site. Within thirty (30) days, Contractor shall provide City with written 019 C:\My Documents\WPDOCS\ContWaste2000.wpd 2 June 23, 2000 470 documentation describing the projected decreases in operating and capital costs that will result from the change in the Disposal Site. City may appoint an auditor to review Contractor's documentation. The cost of the audit shall initially be paid by City, however, in the event that there is a discrepancy of five (5) percent or greater between the Contractor's operation costs and the City's audit review, then the Contractor shall reimburse to the City any amounts paid for the City's audit. Contractor shall provide any and all supplemental information requested by City and/or the auditor. Upon the completion of the auditor's review, City will determine, in City's sole discretion, whether transportation, operating and/or capital cost decreases are justified. City may then approve a decrease in compensation to Contractor according to the findings of the City's and/or auditor's review. .. .. .. .. .. .. ..not .. .. Pq _ aj : r to- .... . Citv and Contractor acknowledge that Contractor may at some time in the future construct and operate a refuse transfer station in the Coachella Valley. Should the City direct the Contractor to deliver MSW to a transfer station located within the Coachella Vallev. Contractor will not reauest a rate increase for the service fee portion of the rate. Section 2.3 Citywide Automated Solid Waste Collection A. Atiternated Procirarn Staittip Automated Solid Waste Collection UJIMM 0 ELVA. .. IN hM-'JKWAtM1MMLW2ffqk C:\My Documents\WPDOCS\ContWaste2000.wpd 3 June 23, 2000 l .. . . ..pqgpplqww .. . .. . . . . 11LLVR'AI .41 .. . . - .. ,- .. - .. -'1111000m... - - - -. -. .. .0 IF .. .. Automated solid waste collection services shall be provided to all single family duplex, and triplex residents in the City, in gated and non -gated areas Contractor shall provide residents with 96 64 or 35 gallon wheeled carts for MSW and -green waste storage. The MSW and green waste carts shall be of different coloration. Contractor shall provide all labor and equipment required to conduct automated MSW and green waste collection programs Contractor shall collect all MSW and green waste at curbside unless back yard or side yard service is requested by a resident. There is an additional rate charge for back or side yard service. The MSW and green waste collection and disposal charge shall not vary due to container size as shown in Exhibit "A". Homeowner Associations in gated communities shall have a choice of whether homes in the Association will received automated, manual or bin services Contractor shall contact and offer in writing automated services at no additional charge to all Homeowner Associations in the first and third year of this contract Contractor shall submit a written report to the City of the results of this inquiry within 60 days of sending said correspondence. Contractor shall convert Homeowner Associations to automated service if either the City or the Association request such service -- rr-.. .. ., 2. ciraft bmchure to accompany delivery of the wheeled carts to reste}eflts; 0 12 1. CAMy Documents\WPDOCS\ContWaste2000.wpd 4 June 23, 2000472 m Pm • . • • • • • • . MOINEL LVL�jlll• ..orw.pqmp• • ■ •INS•.• •.. U24 C:\My Documents\WPDOCS\ContWaste2000.wpd D June 23, 2000 473 B. HOA Automated Public Education Program. All production and distribution costs relating to all public education materials required by this section shall be paid by Contractor. Ninety (90) days prior to commencement of the automated MSW collection program, Contractor shall submit to City, a draft public education package which may, at City's request, include the following_ 1. Draft brochures for HOA distribution; 2. Draft brochure to accompany delivery of the wheeled carts to HOA residents; 3. Draft newsletter article to be transmitted to HOA, if requested; and 4. Hold one HOA meeting to inform HOA residents about the automated program, if requested. Contractor shall: 1. Produce and mail the direct mail brochures to HOA for distribution by the HOA to the residents three (3) weeks prior to delivery of the wheeled carts; 2. Produce the second brochure and deliver to HOA residents with the wheeled carts; 3. Hold one HOA meeting thirty (30) days prior to distribution of the wheeled carts to residents, if requested; and 4. Finalize the newsletter article and provide a camera ready copy to HOA, if requested by the newsletter deadline specified. C. Cost and Operational Statistics. Contractor shall record the cost, productivity, tons collected, person hours, number of stops, number of participating homes, number of routes and all other data on the automated MSW collection programs requested by City. Contractor shall record said data in a format required by City and shall submit said data to City by the tenth (10th) day of each quarter beginning in March 1997. Upon City's request, Contractor shall provide more frequent reports if needed. City reserves the right to request any and all additional information from Contractor needed by City, its auditors and consultants, to evaluate the productivity and cost of the automated MSW collection program and to report data to state and federal agencies as required by law. City may, in its sole discretion, conduct 02.9 CAMy Documents\WPDOCS\ContWaste2000.wpd 6 June 23, 2000 474 efficiency and/or time and motion field studies of the automated MSW collection program at any time and for any duration during the term of this Agreement. City reserves the right to request data more frequently than quarterly should City desire to do so. D. Replacement of Lost, Damaged or Stolen Carts. Contractor shall, at its sole expense, provide residents who report damaged wheeled carts with a replacement cart within seventy-two (72) hours of the resident's request. Contractor shall also provide wheeled carts to all new residents that move into City or change residences within City. Contractor shall, at its sole expense, provide residents who report lost or stolen wheeled carts with a replacement cart of the size requested by the resident (either 64 or 96 gallons) within seventy-two (72) hours of the resident's request. If a resident reports more than two (2) lost or stolen wheeled carts from the same address during the term of this Agreement, Contractor shall provide the first two (2) replacement carts at no charge to City or the resident. After the first two (2) replacement carts are provided, Contractor may charge the resident to replace lost or stolen carts a third or subsequent time. Contractor shall maintain complete and accurate records of all wheeled carts delivered to new residents and to residents reporting lost, stolen or damaged carts and shall submit a report to City by the tenth (10) day of each month, beginning in March, 199_, listing the number of crates so provided. E. Automated Collection Vehicles. Contractor shall utilize the front loader refuse collection vehicles fitted with a collection bin and a mechanical arm on the front of the truck or equivalent equipment as approved by the City Manager or designee for the automated MSW collection program. Contractor shall operate said trucks in a safe and efficient manner so as to minimize the blowing or spilling of MSW during the collection process. If MSW is spilled or blown by the wind, Contractor shall make all reasonable efforts to clean up and collect all spilled and blown MSW. F. Billing of Residential Customers Contractor shall bill residential customers via the tax rolls as described in Section 14.1. Contractor shall bear the risk that, if for any reason the property tax levy does not raise adequate funds, then in that event, Contractor's sole remedy shall be against the Contractor's customer and not against the City. The City does not guarantee the accuracy or adequacy of the levy or that the levy amount will be paid by the property owner. The City shall reasonably cooperate with Contractor in collecting payment from the residential customer (Resolution 97-69). According to the tax roll billing schedule established by the County and City, Contractor shall provide to City and the County of Riverside updated residential tax roll billing data in a timely manner such that the new billing information can be put 02 CAMy Documents\WPDOCS\ContWaste2000.wpd 7 June 23, 200 475 on the tax rolls for the upcoming year. It is anticipated that this information will be needed by August of 1996 and thereafter by July 30 of each of the following years. However, Contractor agrees to accommodate all requests from City with regard to the schedule for submitting said tax roll billing information. In no event shall Contractor double bill any resident for MSW collection service. If a double billing occurs, Contractor shall immediately upon notification by City, the resident, homeowner's association, the County of Riverside or any other person or entity, issue a refund directly to the customer who was double billed along with a letter of apology. If a double billing has occurred for a period exceeding six (6) months, Contractor shall include in said refund the amount that was double billed plus interest on said amount at the prime interest rate published in the Wall Street Journal during the month in which the rebate is made, plus one percent (1 %). Contractor shall conduct route audits and internal audits of customer billing, records on at least an annual basis in order to prevent and detect any double billing of customers. In the event that an owner provides notice to the Franchisee that trash removal will not be needed during a continuous period of greater than four months for specified dates, and the Franchisee verifies that no trash removal was necessary during the specified time period, the owner shall be entitled to a refund of fifty percent (50%) of the assessed amount of the fee due to the waste hauler as collected on the tax roll. Said funds shall be calculated on an annual basis each January 301h for the prior calendar year, and shall be paid within thirty days of the calculation. A report of the calculation shall be provided to the City. Franchisee may request a rate adjustment in the subsequent year if said refunds exceed $4,000 in the prior given year (Resolution 97-69). G. Disabled Assistance Contractor will provide back yard or side yard MSW and green waste service at no additional charge to disabled and elderly residents who are unable to physically move their trash cans to the curb. Disabled residents must provide Contractor a copy of their Department of Motor Vehicles NI -Permanent disabled parking placard as proof of disability. Elderly customers can also apply for assistance noted above based upon their needs. Contractor will evaluate each elderly resident's need on a case -by -case basis. Section 2.4 Hazardous Waste Obligations of Contractor A. General In the event the City decides to undertake provision of household hazardous waste collection events by itself or as part of a multi -city effort, Contractor shall, at the City's request, act as an agent for City, and shall arrange for the collection 02 C:\My Documents\WPDOCS\ContWaste2000.wpd 8 June 23, 2476 of household hazardous waste. In such an event, Contractor's compensation shall be increased in accordance with Section 20.2 of this Agreement. Acting as City's agent, Contractor may be asked to obtain cost estimates or quotes for providing household hazardous waste collection or "round up" events at no additional cost to City. In the event that City directs Contractor to obtain such cost quotes or estimates, City reserves the right to unilaterally reject the quote or estimate, the right not to hold the event, and the right to retain another service provider to perform the household hazardous waste collection or round up services. City further reserves the right not to invoke the provisions of this section and to obtain household hazardous waste collection services in another manner and from another service provider. Section 2.5 Advisory Obligations of Contractor Contractor shall provide, at no cost, supportive services to City and to Residential, Commercial, Industrial and Institutional Premises occupied by Waste Generators and potential Waste Generators or their agents by providing the following: A. General consulting services on integrated waste management issues and concerns. Examples are, but not by way of limitation, preparing a position paper on a MSW issue, providing a legal opinion or policy recommendation on a focused concern or reviewing and commenting on proposed legislation or state regulations and their impact on La Quinta. B. Technical assistance services, such as the review of site plans, detailed drawings of enclosures for MSW containers and estimated volume and characterization of waste expected to be generated on a case -by -case basis, as may be required by the Municipal Code or conditions of approval for issuance for a development plan or building permit. Field trips to review subject property may be required to fulfill Contractor's obligation. C. Attendance of qualified knowledgeable employees at meetings of the City Council, City Planning Commission, City staff, the Association of Governments, the Local Task Force, etc. Such attendance shall be coordinated by both parties to this Agreement. Section 2.6 Operational Requirements A. Commercial 1. Collection during winter months shall be between 5:30 a.m. and 6:00 p.m. 2. Collection during summer months shall be between '5:30 a.m. and 6:00.p.m. (Resolution 97-69). O 477 C:\My Documents\WPDOCS\ContWaste2000.wpd 9 June 23, 20U0' B. Residential 1. Collection during winter months shall be between 5:30 a.m. and 6:00 p.m. 2. Collection during summer months shall be between 5:30 a.m. and 6:00 p.m. (Resolution 97-69). C. Refuse shall be collected from containers at the location of all residences and dwellings, whether a single family or multiple dwelling unit, not less than once per week. D. Refuse shall be collected at all places of business as often as shall be necessary to maintain a sanitary condition. and provide reasonable convenience to such business establishments. F. Business establishments and apartment units of four (4) or more shall use containers specified by the Contractor which shall be sized to contain all refuse accumulation of the business for four (4) days or other period as determined applicable by the Contractor. The service level, bins required or frequency of pick-up shall be determined by Contractor and customer. G. Containers moved by the Contractor for his convenience, shall be returned to their original location by Contractor within a reasonable time. ARTICLE III EQUIPMENT AND PERSONNEL Section 3.1 Refuse Collection Vehicles Contractor shall furnish sufficient vehicles to maintain a regular schedule of collection. All equipment shall comply with each and all of the applicable provisions of the laws of the State of California and all ordinances, rules and regulations of the City having reference to such matters, features or services. All equipment used within the City shall be maintained in a satisfactory and proper mechanical condition and shall be neat and clean in appearance. Trucks shall be loaded and operated in such a manner that no MSW shall be spilled in streets or alleys. Should any MSW be spilled on any street, alley or elsewhere, it shall immediately be cleaned up. A broom and shovel shall be carried on each truck at all times for this purpose. If not so cleaned up by the Contractor, the City may clean up same and in such event Contractor shall pay upon demand one hundred fifty percent (150%) of the costs thereof. 0r) C:\My Documents\WPDOCS\ContWaste2000.wpd 10 June 23, 204 78 All collection vehicles will be painted uniformly. The Contractor's name and telephone number shall be shown on each side of each truck in letters at least three (3) inches high. All vehicles and equipment used in the collection of MSW, if kept within the boundaries of the City, shall at all times when not in use be kept on private property of appropriate zone and not on streets or other public ways. Bodies of vehicles shall be metal and shall be so constructed that no MSW shall be spilled from said vehicles on the streets or alleys. Collection vehicles shall be washed thoroughly on the inside weekly and sanitized with a suitable disinfectant at least weekly. In addition, the Contractor shall provide two-way radio communication between the route supervisor and all vehicles. Vehicles which are replaced and any new vehicles shall be designed to utilize alternative -fuel or energy sources to minimize environmental pollution. Section 3.2 Low Emission Vehicles Currentiv, 50% of Contractor's residential and commercial route trucks are low emission vehicles. Contractor agrees to convert 100% of residential and commercial vehicles to low emission fuel by December 31, 2003. For each day past December 31, 2003 that the Contractor fails to have 100% of the residential and commercial route trucks powered by low emission fuel, the Contractor shall pay the City $500. For the purpose of this section , low emission fuel vehicles include CNG, electric, LNG, fuel cell or other City -approved low emission vehicles Section 3.3 Containers Contractor shall furnish, in accordance with the rates set forth on Exhibit A, all 479 containers needed for MSW generated at Commercial, Industrial, Institutional and Multi -Family Residential Premises. Containers shall include two, three, four and six C:\My Documents\WPDOCS\ContWaste2000.wpd 1 I June 23, 2000 028 cubic yard bins with lids and 20, 30, 40 and 50 cubic yard roll -off boxes. The type, size and number of containers furnished to individual Waste Generators shall be those determined to best meet the needs of the Waste Generator and shall be sufficient to contain, with the lid closed, all MSW generated between collections. Containers shall be metal and leak proof. Bins (1 through 6 cubic yards capacity) furnished by Contractor shall be constructed with plastic lids that are in good repair and capable of being closed, with all hinges attached and operable. Containers shall be painted and repainted as required to maintain the attractive appearance of the community. Containers that have been painted or marked with graffiti shall be repainted or removed from the Premises by Contractor within twenty-four (24) hours of notification by the Waste Generator or City. At the same time as such containers are removed, they shall be replaced by like -sized containers without evidence of graffiti at no charge to the Waste Generator. Contractor shall clean and maintain all containers furnished by it in a safe and sanitary condition and whenever the City determines that cleaning is required to abate a health concern or nuisance condition. Section 3.4 Employees Contractor shall furnish such competent and qualified drivers, mechanical, supervisory, clerical or other personnel as may be necessary to provide the services required by this Agreement in a safe and efficient manner and to serve the public in a courteous, helpful and impartial manner. All of Contractor's employees, while collecting refuse, shall be required to wear a uniform type of clothing approved by the .City. Said uniform shall look freshly cleaned and pressed. Each employee shall at all times carry a valid operator's license for the type of vehicle he or she is driving. Each employee shall, at all times he/she is on duty, carry employment identification which shall be presented to City staff, customers, security guards and law enforcement officers upon request. ARTICLE IV SUPERVISION Section 4.1 Authority of City The City or the City's agent shall have the right, but not the duty, to inspect at any reasonable time the Contractor's operations, equipment and performance of the services required by this Agreement to determine whether the Contractor is performing in compliance with the Agreement, the laws of the State of California, City ordinances, and the laws and regulations of any other governmental agency. Contractor shall fully cooperate with the City in such inspections. 029 C:\My Documents\WPDOCS\ContWaste2000.wpd 12 Jung 23, 200480 004pO Section 4.2 Quantity of Municipal Solid Waste In the event of a dispute between the Contractor and a business or other non- residential Waste Generator as to the quantity of MSW that such Person has placed for collection, the City shall investigate and make a determination and such determination shall be binding. Section 4.3 Public/Customer Service and Accessibility A. Office: Contractor shall maintain a business office within a ten (10) mile distance from the intersection of Washington & Highway 1 1 1 for purposes of carrying out its obligations under this Agreement. B. Office Hours: Contractor's office shall be open to the public from 8 a.m. to 5 p.m. Monday through Friday, except for holidays. C. Availability of Local Representative: A knowledgeable representative of the Contractor shall be available during office hours to communicate with the City and members of the public in person and by telephone. D. Telephone: Contractor shall maintain a telephone system in operation at its office during business hours. Contractor shall arrange for its telephone number to be listed in all telephone directories generally distributed in the City and on all of Contractor's bills and invoices. The telephone shall be on a toll -free exchange for all residents of the City. Section 4.4 Complaints Contractor shall be responsible for the prompt and courteous attention to, and prompt and reasonable resolution of, all Waste Generator complaints relevant to service and billing. Complaints shall be investigated within twenty-four (24) hours and appropriate action taken. Contractor shall record in a separate log, the form of which is approved by the City, all complaints, noting the name and address of the complainant, the date and nature of the complaint and the date and nature of resolution. The complaint log shall be available for inspection by the City during normal business hours. In addition, Contractor shall submit, by the 15th day of each month, a copy of the complaint log for the preceding month. Section 4.5 Customer Information and Public Education A. Coordination with City. Prior to January 30 of each year of the Term, Contractor and City shall agree on a Customer Information Plan (the "Plan") and budget for each year of operation. The Plan shall include all of the types of materials and information and the time and manner of dissemination for all of the information required pursuant to this Section 4.5. 030 CAMy Documents\WPDOCS\ContWaste2000.wpd 13 June 23, 2000 481 B. Customer Information Packet. The Plan shall include a professionally designed and prepared information handout. The pamphlet shall describe collection services available, guidelines on acceptable materials for MSW disposal and any special preparation, list holidays and how the collection schedule is modified, and prominently display telephone numbers to call for information or register a complaint. Special topics shall include holiday greenery collection, telephone book recycling, used motor oil collection and hazardous waste collection. The language of the pamphlet should focus on various age groups and businesses found in the community and should include information relating to persons in the City for limited periods such as weekends or winter season. Graphics selected for the pamphlet shall be well -designed and tasteful. City's recycling logo shall be included as a graphic element of the pamphlet. Final printing of pamphlet shall be done using paper with a minimum of fifty percent (50%) post -consumer content. The City shall provide Contractor with comments and edits on the draft pamphlet. Once finalized and printed for distribution, Contractor shall distribute, by a method approved in the Plan, the pamphlet to each Residential, Commercial, Industrial and Institutional Premises in the City according to the schedule in the Plan. The Contractor shall mail (first-class) a pamphlet to the holder of each new account, including residential, commercial, industrial and institutional, commencing MSW collection service during the Term. C. Public Education Booklet The Plan shall include the development, preparation and distribution of a professionally designed informational booklet, suitable for use by the general public, on MSW management topics and issues, including, but not limited to, general comments on the status of MSW in the Coachella Valley, alternatives such as waste prevention, recycling, composting, land filling, hazardous waste disposal and new technologies, as well as a general discussion on costs of MSW collection, transportation and disposal (e.g., explanation of what the consumer pays for). City's recycling logo shall be included as a graphic element of the booklet. Final printing of the booklet shall be done using paper with a minimum of fifty percent (50%) post - consumer content. City shall provide Contractor with comments and edits on draft booklet. D. Consumer Information and Public Education Activities and Miscellaneous Products 1. Meetings, Presentations, Seminars, Workshops, Etc. Contractor shall ensure the attendance of appropriate employees of Contractor, on an as -needed basis, at meetings, presentations, seminars, workshops, etc. Said employees shall be knowledgeable representatives of Contractor. Such meetings or presentations include those to homeowners' associations, business groups, public or private schools and the like. 031. C:\My Documents\WPDOCS\ContWaste2000.wpd 14 June 23, 2000 482 2. Special Events and Festivities. Contractor shall participate in community -sponsored events and festivities as deemed appropriate by City and Contractor. Such events include concerts, public building dedications and the like. Contractor may be a service provider and/or an active participant in the event by hosting a table and providing informational and educational materials. 3. Public Education Articles. City and Contractor shall agree in the Plan on the timing, number and format for public education articles. On possibility would be to require on the first day of each quarter Contractor shall submit a double- spaced typed article to the City to be considered for inclusion in City's newsletter. Length should not exceed two hundred (200) words; article shall be accompanied with a suitable three inch by five inch (3" x 5") black and white photograph. Forty-five (45) days prior to due date, Contractor shall contact City with a suggested topic for article. Final subject matter, editing and/or inclusion of article shall be subject to the sole and absolute discretion of the City. The intent of this section is to provide a public education service to the community. 4. Informational Flyers. Pursuant to the Plan, Contractor shall provide and mail informational flyers to be sent to each Resident concerning any topics designated according to the Plan. 5. Community Resource. Contractor may, from time -to -time, be contacted by Waste. Generators or members of the general public with requests for information or assistance. Contractor shall treat such requests with courtesy, responding as fully and completely as possible, including following up by mailing, first class postage, written materials. 6. Press Releases. Pursuant to the Plan, or in the event of an emergency or nonscheduled event, Contractor and City shall coordinate any Press Releases and public service announcements. 7. Riverside County or Other Public Agency "ABOP" Disposal Centers. Pursuant to the Plan, Contractor shall publicize each public disposal center for antifreeze, batteries, motor oil and latex/water-based paint in the Coachella Valley through various techniques, which may include but not be limited to: a. Insert stuffed in envelope with customer's bill; b. Press releases and public service announcements; C. Submitting article for inclusion in City's newsletter; 0312 CAMy Documents\WPDOCS\ContWaste2000.wpd 15 June 23, 2000 483 d. Posting of notices in public areas of Contractor's facilities, such as Recycle America buy-back center; and e. Distribution of informational flyers to general public at appropriate events and through the mail upon request. E. Fact Sheet Pursuant to the Plan, Contractor shall provide City a professionally designed and prepared draft fact sheet on household hazardous waste focusing on identification of common hazardous wastes in the household, how such materials should be stored and proper disposal methods for such wastes. Contractor shall rely upon local experience and include commonly found household hazardous wastes and the effect of desert climate. Final printing of fact sheet shall be done using paper with a minimum of fifty percent (50%) post -consumer content. City shall provide Contractor with comments and edits on fact sheet. Once finalized, Contractor and City shall mutually agree as to the method of distribution to households and desirable quantity; within thirty (30) days of said agreement, Contractor shall have printed and distributed the fact sheet as agreed. F. Special Events Contractor shall cooperate in publicizing regional household hazardous waste special events, and otherwise appropriately participating in them through means such as distributing educational materials, sharing in advertising costs, and hosting a table. G. City's Right to Review and Approve All informational and educational materials to be distributed to the general public or customers of Contractor, developed pursuant to this Agreement or otherwise, including Notices to Customers, shall be subject to review and approval by City prior to distribution by Contractor. H. Maximum Expenditure on Public Information Materials Contractor shall spend up to an amount of Forty Thousand Dollars ($40,000) on all production and distribution costs relating to this section over the term of this Agreement. After evidence of that expenditure is provided to and approved by City any additional educational requirements as determined by the City (including cost of materials, production and distribution.) shall be shared equally between City and Contractor. 033 C:\My Documents\WPDOCS\ContWaste2000.wpd 16 June 23, 2.000 484 ARTICLE V. INSURANCE Section 5.1 General Liability Insurance The Contractor shall, at Contractor's sole cost and expense, obtain and maintain in full force and effect for the Term each of the following minimum insurance requirements: A. A comprehensive general liability policy with a minimum limit of not less than five million dollars ($5,000,000) combined single limit for bodily injury and property damage, providing at least all of the following minimum coverages, with any self -insured retention not exceeding one hundred thousand dollars ($100,000) per occurrence: 1. Premises operation; 2. Blanket contractual; and 3. Completed operations. B. A comprehensive automobile liability policy with minimum limit of not less than five million dollars ($5,000,000) combined single limit for bodily injury and property damage, providing coverage for at least any and all leased, owned, hired or non -owned vehicles used by the Contractor in fulfilling the terms of this Agreement, with any self -insured retention not exceeding one hundred thousand dollars ($100,000). Any and all mobile equipment which is not covered under this comprehensive automobile policy shall have said coverage provided for under the comprehensive general liability policy. C. Each of the following endorsements shall be made a part of the above required policies as stipulated below: 1. "The City of La Quinta, its employees, officers, agents and contractors are hereby added as additionally insured." 2. "This policy shall be considered primary insurance as respects any other valid and collectable insurance the City of La Quinta may have, and any other insurance the City does possess shall be considered excess insurance only." 3. "The insurance shall act for each insured, and additional insured, as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company." 034 CAMy Documents\WPDOCS\ContWaste2000.wpd 17 June 23, 20485 4. "Thirty (30) days prior written notice shall be given to the City of La Quinta in the event of cancellation, reduction in coverage, or non -renewal of this policy for whatever reason. Such notice shall be sent to: City Manager, City of La Quinta, 78-495 Calle Tampico, La Quinta, California 92253." Section 5.2 Worker's Compensation and Employer's Liability Insurance The Contractor shall, at Contractor's sole cost and expense, obtain and maintain in full force and effect for the Term a Worker's Compensation and Employer's Liability policy written in accordance with the laws of the State of California and providing coverage for any and all employees of Contractor. This policy shall provide for: A. Coverage for worker's compensation (Coverage A). B. Coverage for one hundred thousand dollars ($100,000) employer's liability. C. An excess umbrella liability policy with a minimum of not less than five million dollars ($5,000,000) per occurrence. Section 5.3 Notice to City, Evidence of Insurance Concurrently with executing this Agreement, the Contractor shall furnish the City certificates of each policy of insurance required herein in form and substance satisfactory to the City. Such certificates shall show the type and amount of coverage, effective dates, and dates of expiration of policies, and shall have all required endorsements attached. Renewal certificates shall be furnished periodically to the City to demonstrate maintenance of the required coverages throughout the Term. Any insurance company providing insurance or any surety providing a bond hereunder shall be an admitted insurer/surety in the State of California with a Best rating of at least "A", Class VIII or larger. No change in these requirements may be made without the prior written approval of the City, which it is under no obligation to provide. If the Contractor fails to maintain any insurance required by this Agreement, the City may procure and maintain, at the Contractor's expense, such insurance as it may deem appropriate. CAMy Documents\WPDOCS\ContWaste2000.wpd 18 June 23, 20486 ARTICLE VI PERFORMANCE BOND Section 6.1 Performance Bond The Contractor shall, at Contractor's sole cost and expense, concurrently with the execution of this Agreement, provide the City with a performance bond issued by a company and in a form satisfactory to the City, in the amount of one million dollars ($1,000,000). The performance bond shall indemnify the City against any losses or expenses sustained in the event of the default or failure of the Contractor to perform in accordance with the terms of this Agreement. Any surety providing a bond hereunder shall be an admitted surety in the State of California with a Best rating of at least "A", Class VIII or larger, unless a change in these requirements has been approved by the City in advance and in writing pursuant to Section 5.3. ARTICLE VII REPORTS Section 7.1 Records and Reports: Solid Waste Collection Contractor shall compile, on a daily basis, records of its Solid Waste collection operations covering those aspects of its operations, and in such detail, as the City may prescribe. Such records shall include, but are not limited to: 1. quantities of MSW collected by customer category (e.g., residential, commercial, industrial, institutional, multi -family); 2. number and categories of accounts served by each route, with each route identified by route number on a map provided to the City; 3. labor allocation information (e.g., amount of time spent in the City by service); 4. production data (e.g., tons of MSW collected per route, per worker hour, per worker day); 5. customer complaints; 6. general information, such as annual tons collected per residential household or per type of business; - 036 CAMy Documents\WPDOCS\ContWaste2000.wpd 19 June 23, 2000 7. tons delivered to each designated Disposal Site, per day, per week, per month, per year; and similar information which the City may request in order to evaluate the effectiveness and efficiency of the solid waste collection and disposal program. Contractor shall submit a report, giving the information required by City, in the format and at such time as specified by City, and shall prepare such other expanded or detailed reports utilizing the information it is required to compile, which the City may require from time to time. Section 7.2 Inspection by City The City or City's agent shall have the right, but not the obligation, to observe and inspect all of the Contractor's operations involved in providing services under this Agreement. In connection therewith, the City shall have the right to enter any of Contractor's facilities, speak to any of Contractor's employees and receive a response to any inquiries directed to such employees, and review and make copies of (at City's expense) all of Contractor's operational and business records related to this Agreement. If City so requests, Contractor shall make specified personnel available to accompany City employees on inspections. Except when in the City's sole determination an emergency exists, any inspection pursuant to this section shall require a minimum of twenty-four (24) hours notice prior to the inspection. Section 7.3 Maintenance of Financial Records .. .. ..AM �W111111ILVI .. ME ... .. , .. .. .. .. .. Contractor's Accounting Records: Contractor shall maintain in its office accurate and complete accounting records containing the underlying financial and operational data relating to, and the basis for computation of all costs associated with providing service under this Agreement. The accounting records shall be prepared on an accrual basis, in accordance with Generally Accepted Accounting Principles consistently applied. ',0 r C:\My Documents\WPDOCS\ContWaste2000.wpd 20 June 23, 2000 _ ✓ 4 VQ The operating year for both accounting and all other record keeping purposes shall be the calendar year commencing January 1 and ending December 31. . ... - . .. ..15111111,. . ... B. Inspection of Records: City and auditors and other agents selected by the City, shall have the right, during regular business hours, to conduct onsite inspections of the records and accounting system of the Contractor and to make copies, at the expense of the City, of any documents relevant to this Agreement. . .. . .. .. .. ..MINK .. L.. .. . - u.�t•��n LAM • •I1 7�:.��u�s�f �a�l�l�l��•l ��f.�•A-I t ll �•L-►-t i-Il fl�fun7l�lld•L. C. Retention of Records: The Contractor shall retain all records and data required to be maintained under this Agreement for a period of three (3) years following the close of each Contractor's fiscal years, and for such further time as may be desianated by City to enable it to complete anv review or audit commenced durina such three (3) year period. .• ..A ILI=.. -• -A -- ... .All . . W . .... .00 . 0.3Z5 C:\My Documents\WPDOCS\ContWaste2000.wpd 21 June 23, 2000 am .. .. .. ... City shall have the right, but not the obligation to perform an audit of Contractor's financial records, relating to the performance of this Agreement, on an annual basis. Contractor shall fully cooperate with City and City's consultants, auditors, staff, and other designees by providing financial records, documents, audited financial statements, operating records, weight tickets, sales receipts for recyclable materials and all other documentation requested by City in the event Citv elects to conduct an audit ARTICLE VIII ASSIGNMENT AND SUBCONTRACTING Section 8.1 Assignment and Subcontracting I� .. . .. -. . .. ., .. I I WIV191 0 14 111 IW2 WMA EI 0 1111 Mjj�... .. Except as may be provided for in Article _ (City's Right to Perform Service), neither party shall assign its rights, nor delegate, subcontract or otherwise transfer its obligation under this Agreement to any other Person without the prior written consent of the other party. Any such assignment made without the consent of the other party shall be void and the attempted assiqnment shall constitute a material breach of this Agreement. 041. C:\My Documents\WPDOCS\ContWaste20oO.wpd 24 June 2w1;2000 492 For purposes of this Section when used in reference to Contractor, "assignment" shall include, but not be limited to M a sale, exchange or other transfer of substantially all of Contractor's assets dedicated to service under this Agreement to a third party; (ii) a sale, exchange or other transfer of outstanding common stock of Contractor to a third party provided said sale, exchange or transfer may result in a change of control of Contractor; (iii) any dissolution, reorganization, consolidation, merger re -capitalization, stock issuance or reissuance, voting trust, pooling agreement, escrow arrangement liquidation or other transaction to which results in a change of Ownership or control of Contractor; (iv) any assignment by operation of law, including insolvency or bankruptcy, making assignment for the benefit of creditors, writ of or change of Ownership, or change of control of Contractor. Contractor acknowledges that this Agreement involved rendering a vital service to City's residents and businesses and that City has selected Contractor to perform the services specified herein based on (1) Contractor's experience, skill and reputation for conducting its Solid Waste Management operations in a safe, effective and responsible fashion at all times in keeping with applicable Environmental Laws, regulations and best Solid Waste management practices, and (2) Contractor's's financial resources to maintain the required equipment and to support its indemnity obligations to City under this Agreement. City has relied on each of these factors, among others in choosing Contractor to perform the services to be rendered by Contractor under this Agreement. If Contractor requests City's consideration of an consent to an assignment, City may deny or approve such request in its complete discretion No request by Contractor for consent to an assignment need be considered by City unless and until Contractor has met the following requirements: A. Contractor shall undertake to gay City its reasonable expenses for attorney fees and investigation costs necessary to investigate the suitability of any proposed assignee and to review and finalize any documentation required as a condition for approving any such assignment; B. Contractor shall furnish City with audited financial statements of the proposed assignee's operations for the immediate preceding three (3) operating years; C. Contractor shall furnish City with satisfactory proof: (i) that the proposed assignee has at least ten (10) years of Solid Waste Management experience on a scale equal to or exceeding the sale of operations conducted by Contractor under this Agreement; (ii) that in the last five (5) years, the proposed assignee 042 C:\My Documents\WPDOCS\ContWaste2000.wpd 25 June 23, 2000 493 has not suffered any significant citations or other censure from any federal, state or local agency having jurisdiction over its Solid Waste management operations due to any significant failure to comply with state, federal or local Environmental Laws and that the assignee has provided City with a complete list of such citations and censures; (iii) that the proposed assignee has at all times conducted its operations in an environmentally safe and conscientious fashion; (iv) that the proposed assignee conducts its Solid Waste management practices in accordance with sound Solid Waste Management practices in full compliance with all federal, state and local laws regulating the collection and Disposal of Solid Waste including Hazardous Substances; and, (v) of any other information required by City to ensure the proposed assignee can fulfill the Terms of this Agreement in a timely, safe and effective manner. Under no circumstances shall City be obligated to consider any proposed assignment by City if Contractor is in default at any time during the period of consideration. ARTICLE IX BREACH, DEFAULT AND TERMINATION Section 9.1 Breach, Default and Termination Breach of any of the terms of this Agreement (or of the Agreement for Collection and Recycling of Recyclable Materials entered into between the parties of even date herewith) shall constitute a default under this Agreement. If the Contractor does not cure the default within ten (10) days after notice thereof has been issued by the City, the City may terminate the Agreement as provided in Section 20.5. Upon termination of this Agreement, the City shall be at liberty to undertake directly the performance of the work or engage other parties to do so. Termination of this Agreement, as herein provided, shall not terminate, suspend or affect the liability of the Contractor or impair any other remedy for breach of this Agreement the City may have. Upon termination of this Agreement, the City shall have the right to acquire the Contractor's trucks and equipment, paying reasonable value therefor. ARTICLE X INDEMNITY Section 10.1 Indemnification 043 C:\My Documents\WPDOCS\ContWaste2000.wpd 26 June 23, 2000 494 . .. GENEV WA... ..111111111F.111. . onmummoL.. • .. .. . ... .. .. . . . - PI IRV U1.1-ig AIR In .. . . • . .. 1 -1,1110 LEA WE .. ..ULLW- Mai Contractor herebv agrees to and shall indemnify and hold harmless City, its elected and appointed officials commissions officers employees, and agents (collectively, indemnities) from and against any and all loss, liability, penalty, forfeiture, claim demand action, proceeding or suit in law or equity of any and every kind and description (including but not limited to injury to and death of any Person and damage to property, or for contribution or indemnity claimed by third parties) arising or resulting from and in any way connected with (1) the negligence or willful misconduct of Contractor, its officers, employees, agents, contractors and/or subcontractors in performing services under this Agreement; (2) the failure of Contractor, its officers, employees agents contractors and/or subcontractors to comply in all respects with the provisions of this Agreement, applicable laws (including, without limitation, the Environmental Laws), ordinances and regulations, and/or applicable permits and licenses; (3) the acts of Contractor, its officers, employees, agents, contractor and/or subcontractors in performing services under this Agreement for which strict liability is imposed by law (including, without limitation, the Environmental Laws); (4) claims against City relating to the property tax levy for refuse collection, including but not limited to claims for refunds; and (5) any claim that the City has violated state or federal law in granting the franchise or in the City's performances under the Agreement. The foregoing indemnity shall apply regardless of whether such loss, liability, penalty, forfeiture, claim, demand, action, proceeding, suit, injury, death or damage is also caused in part by any of the indemnities' negligence, but shall not extend to matters resulting from the indemnities' sole or active negligence, willful misconduct of breach of this Agreement. 044 C:\My Documents\WPDOCS\ContWaste2000.wpd 27 June 23, 200 4 �j n 5 Contractor's duty to indemnify and defend from the aforementioned events arising during the Term of the Agreement and as it may be extended shall survive the expiration or earlier termination of this Agreement. Upon the occurrence of any Claim, Contractor, at Contractor's sole cost and expense, shall defend, with counsel approved by City, the City, its officers, employees, agents, assigns, and volunteers provided, however, that in the event the named parties to any such Claim (including any impleaded parties) include both the Contractor and the City, and if the City has one or more legal defenses available to it which are in direct conflict with the best interests of the Contractor and which therefor preclude the same counsel from representing the City and Contractor jointly, then the City shall have the right to select separate counsel, with the consent of Contractor which will not be withheld unreasonably, at the sole cost and expense of Contractor to pursue such legal defenses and to otherwise participate in the defense of such action on behalf of the City to the extent that joint representation of the City and Contractor is not permissible because of conflicts of interest between the City and Contractor. Contractor's duty to indemnify and defend shall survive the expiration or earlier termination of this Agreement. . . . . . .. ..... ... .. . . . . . . . . . . .... . . . . . . . . ... . . .. . Le . ... . . . .. .11 W.MIMMMIW, 11 . . ... .. . OF .. .. ... was" .. MA .. WINI -10 .10 .. .. - - - C:\My Documents\WPDOCS\ContWaste2000.wpd 28 //��((]] 045 June 23, A9 6 .. .. .. .-- ... Section 10.2 Hazardous Substances Indemnification Contractor shall indemnify, defend with counsel reasonably acceptable to City, protect and hold harmless City, its elected and appointed officials, commissions, officers employees and agents (collectively, indemnities) from and against all claims, damages (including but not limited to special consequential natural resources and punitive damages) injuries costs (including without limit any and all response, remediation and removal costs) losses demands, debts, liens, liabilities, causes of action suits legal or administrative proceedings, interest, fines, charges, penalties, attorney's fees for the adverse party and expenses (including without limit attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) (collectively, "Damages") of any kind whatsoever paid incurred or suffered by or asserted against, indemnities arising from or attributable to the acts or omissions of Contractor, its officers, directors, employees companies or agents whether or not negligent or otherwise culpable, in connection with or related to the performance of this Agreement, including without limit Damages arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any Hazardous Substance Hazardous Waste and/or House Hazardous Waste (Collectively, "Waste") in City at any places where Contractor transports, processes, stores or disposes of City Solid Waste and/or construction and street debris, or other Solid Waste The foregoing indemnity is intended to operate as an agreement pursuant to § 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act CERCLA 42 USC §9607(e) and California Health and Safety Code §25364, to defend protect hold harmless and indemnify City from liability. This provision is in addition to all other provisions in this Agreement and shall survive the end of the term of this Agreement. The foregoing applies only to facilities owned or operated by Contractor or its Affiliates or any facility that Contractor selects for Disposal of Solid Waste Collected pursuant to this Agreement. Section 10.3 AB 939 Indemnification A. Contractor agrees to defend, with counsel approved by City, indemnify and hold harmless the City against all fines and/or penalties imposed by the California, Integrated Waste Management Board ("Board"), if Contractor fails or refuses to provide CAMy Documents\WPDOCS\ContWaste2000.wpd 29 June 23, 2000 04 497 information relating to its operations which is required under this Agreement and such failure or refusal prevents or delays City from submitting reports required by the Act (AB 939) in a timely manner. B. In addition, Contractor agrees, at its sole cost and expense, to: (1) assist City in responding to inquiries from the Board; (2) assist City in preparing for, and participating in, the Board's biannual review of the City's source reduction and recycling element pursuant to Public Resources Code Section 41825; (3) assist City in applying for an extension under Public Resources Code Section 41820, if so directed by City; (4) assist City in any hearing conducted by the Board which may culminate in issuance of a compliance Order held under Public Resources Code Section 41825; (5) defend, with counsel accepted by City, the City against the imposition of administrative civil penalties by the Board pursuant to Public Resources Code Section 41850; (6) indemnify and hold harmless the City against any such penalties which are levied by the Board except if the failure to attain the diversion requirements of the Act is due to (a) reduction or elimination of recycling programs provided for in this Agreement ordered by City under Section 20.02, (b) actions or omissions of a successor contractor so long as City is attaining the diversion requirement during the poition of the calendar year (2000) prior to the expiration of the Term, or (c) City's failure to comply with applicable laws or to implement programs or take other actions reasonably necessary to attain the diversion requirements of the Act, which have been recommended and substantiated by Contractor in writing. ARTICLE XI COMPLIANCE WITH ALL LAWS Section 1 1.1 Compliance with All Laws Contractor agrees to conform to and abide by all of the rules, regulations and ordinances of the City, and all laws of the State of California or the federal government, governing the collection and hauling of Recyclable Materials. Contractor shall cooperate with the City to facilitate its compliance with laws dealing with the minimization of waste generation and disposal, including maintenance of records and preparation of reports. 04; CAMy Documents\WPDOCS\ContWaste2000.wpd 30 June 23, 2000 498 Contractor agrees to conform to and abide by all the valid rules, regulations and ordinances of any governmental entity through which MSW may be hauled governing the collection and hauling of MSW. ARTICLE XII TAXES Section 12.1 Taxes The Contractor shall pay all federal, state and local taxes, including sales taxes, social security taxes, etc., which may be chargeable against the labor, material, equipment or other items necessary in the performance of this contract. ARTICLE XIII EXCLUSIVE RIGHTS Section 13.1 Grant of Franchise The City grants to the Contractor the exclusive franchise, right and privilege to engage in the business of collecting and transporting MSW generated within the City and to use the City streets for such purposes for the Term, and within the scope, of this Agreement. Section 13.2 Scope of Franchise; Exclusiveness The franchise granted to the Contractor shall be exclusive except as to the following categories of materials, which may be delivered to and collected and transported by others: 1. lawn clippings, branches, leaves and similar material generated by gardening or landscaping services which are transported by a Person performing such service as an incidental part of such service and not as a hauling business; 2. MSW which is personally transported by the Owner or occupant of the individual Residential Premises at which it is generated to a licensed public solid waste disposal facility; 3. MSW which is collected by City employees from City property and rights of way; 4. Debris caused by an earthquake or other disaster when assistance of other Persons is deemed necessary by the City; 048 CAMy Documents\WPDOCS\ContWaste2000.wpd 31 June 23, 2000499 5. Materials which are not MSW (e.g., untreated medical waste). 6. MSW generated by governmental entities which may, by law, make independent arrangements for collection and disposal of solid waste. 7. Recyclable materials which are governed by separate agreement of even date with this Agreement entitled Agreement for the Collection and Recycling of Recyclable Materials. ARTICLE XIV RATES Section 14.1 Maximum Rates to be Charged The Contractor shall not charge or demand rates for such refuse collection service in excess of those set forth in the current approved rate schedule (Exhibit A). A copy of the then -current rate schedule shall be on file at City Hall and available for inspection by the general public. Any modification of such rates may be initiated by the Contractor or the City and shall be finally approved by the City before being charged. The Contractor shall inform the City, at its request, of the rates charged a particular individual or business. If a particular service is not provided a scheduled rate, the Contractor and customer may negotiate a rate after written notice to, and upon written approval of, the City. ARTICLE XV REVIEW OF RATES Section 15.1 CPI Based Change Contractor may request in writing a rate increase once a year during the month of March, to reflect ordinary changes in the cost of doing business, as measured by fluctuations of the Consumer Price Index (CPI), published by the U.S. Department of Labor, Bureau of Labor Statistics, for the Los Angeles -Anaheim -Riverside area, subject to City Council approval. Such requests shall be accompanied by a statement from an independent certified public accountant that, based on a review of the Contractor's financial records, the Contractor's cost of providing service under this Agreement has increased at a rate at least equal to the increase in the CPI from January of the previous year to January of the current year. The fees or compensation may be increased in a percentage amount equal to fifty percent (50%) of the net percentage change in said CPI, computed as the difference between the index from January of the previous -year to January of the current year. For a requested increase, the Contractor shall Dav for one half of the processing costs not to exceed $3,000. 049 C:\My Documents\WPDOCS\ContWaste2000.wpd 32 June 23, Soo .. - ... .. Al I IP L-i"lt-ig=Wl*AMMI III III IF I, FOWV.• .. ..I .. .. is .. ON �•A n7 Vl nT I�.f�C�IP . -IN • . ■ .. • ANOI� i MIAMI i LOAN MIAIMINM-jmW Section 15.-3 2 Extraordinary Cost Based Change In lieu of a rate increase request in writing under Section 15.1, the Contractor may request a rate adjustment on the basis of unusual changes or extraordinary increases in direct costs of operation. In such event, the Contractor shall provide a form in direct accordance with Section 15.,3 , which may be completely tested and audited by the City's accounting personnel, or if the City chooses, by an independent Certified Public Accountant, licensed public accountant or other agent. Any such testing and auditing shall be at the expense of the Contractor and under the sole direction of City. 502 051. IA Section 1 5.4 3 Supporting Information The Contractor shall provide the City, in the event the Contractor requests a rate adjustment on the basis of unusual changes or extraordinary increases or costs of doing business, with a copy of its certified annual financial statements prepared by a Certified Public Accountant or a licensed public accountant, which shall have been prepared in compliance with Rule 58 of the "Rules and Regulations of the State Board of Accountancy," as established by the California Code of Regulations, Title 16, Chapter I. Such Certified Public Accountant or licensed public accountant shall be entirely independent of the Contractor and shall have no financial interest whatsoever in the business of the Contractor. The City may specify the form and detail of the financial statements. The City, or its representative, shall upon request be provided access to Contractor's operating and financial records, including but not limited to (1) general ledger computer printout for the immediately preceding fiscal year, including line -item details on operating income; (2) documents and monthly schedules in support of the audited financial statements of cash receipts and surcharge revenue; (3) management reports showing profit and loss for the service provided to the City under this Agreement and for the Contractor's company -wide operations; and (4) working papers from prior or on -going audits, including those undertaken by Contractor or Contractor's parent company. Section 15.5 4 Decision; Effective Date The City shall render a written decision on the Contractor's request, either accepting, rejecting, modifying or deferring the same and reciting the basis of its decision. Any rate increases granted by the City Council under the provisions of this section shall take effect beginning July 1 of that year for commercial industrial rates and January 1 of the following year for residential. Section 15.$ 5 Final Year Payments Due to the fact that each year's tax rates which are computed for a calendar year are applied in the tax rolls in a fiscal year, during the final six (6) months of this Agreement Contractor will be entitled to only fifty percent (50%) of the tax role fees collected. Section 15.7 6 City Right to Set Rates Nothing in this Article 15 shall preclude City from adjusting rates in the years that Contractor does not file a CPI rate increase request for purposes of changing the fees described herein or for any other purposes. 05 021 C:\My Documents\WPDOCS\ContWaste2000.wpd 35 June 23, 2000 503 Section 15.7 Maximum Rates At any time during the term of this Agreement, the City may conduct an assessment, at its sole cost and expense, to determine the lowest rate for residential refuse collection services provided to incorporated municipalities in the Coachella Valley (the "Rate"). The Rate shall consider "like" services provided to other incorporated municipalities: "like services" shall be defined as MSW collection curbside recycling, curbside bulky items and automated green waste collection Any services by special agreements with gated communities shall not impact the definition of like services. The City desires, that consistent with the terms and conditions set forth herein, the rate charged by Contractor should not exceed one hundred and three percent (103%) of the Rate. As a result, and not withstanding any provision in Section 15 to the contrary, no rate increase request made by Contractor pursuant to Section 15.1 and 15.3, shall result in the rate charged by Contractor to exceed one hundred and three percent (103%) of the Rate. The City shall be entitled to a rate reduction if the assessment determines that the City's rate exceeds (103%) of the lowest rate. In no event shall the City's Rate exceed the lowest rate for residential refuse collection provided to more than one other city in the Coachella Valley. ARTICLE XVI CONTRACTOR PAYMENTS TO CITY Section 16.1 Franchise Fee Payments In consideration for, among other things, an exclusive contract, the Contractor shall pay to the City eight percent (8%) of all gross receipts, exclusive of Disposal Charges and fees collected by Contractor pursuant to Section 16.2, received by it under this Agreement. Payment shall be made to the City by the fifteenth (15th) of every month for the preceding month's receipts. In the event of termination, the balance due for the billing period during which the termination occurs, shall be paid within thirty (30) days of the date of termination. For those amounts collected initially by the City, City shall withhold the amounts attributable to AB 939, transfer costs to Edom Hill prior to the actual switch to Edom Hill, the eight percent (8%) franchise payment and any other amounts owed to the City pursuant to this Agreement or any amendment thereto. Section 16.2 Fees Collected by Contractor on Behalf of City From time to time, City may impose certain fees as part of the rates established for refuse collection service to fund recycling, source reduction, household hazardous waste or other similar programs. City may also find it necessary to impose fees as part of the rates established for refuse collection service due to new or existing federal or state laws or regulations. If and when the rate schedule is modified to include such fees, the Contractor shall collect said fees as part of the billing process and shall remit 053 C:\My Documents\WPDOCS\ContWaste2000.wpd 36 June 23, 2000 504 0A said fees to the City on a quarterly basis by the twentieth (20th) day of January, April, July, and October for the preceding quarter's fees. In the event of termination, the balance due for the quarter during which termination occurs shall be paid within thirty (30) days of the date of termination. Contractor shall submit a report to the City on the fifteenth (15th) day of each month describing the amount of such fees billed and collected during the preceding month. ARTICLE XVII COLLECTION FROM CITY FACILITIES AND CITY CLEANUPS Section 17.1 Regular Disposal Service The Contractor agrees to provide collection services, at no charge to the City, for refuse containers on all City -owned property and at those locations designated by the City at which City -sponsored events are held. The collections shall be made at a frequency acceptable to the City. The locations at which such collections are to be made include, but are not limited to, the following: 1. City Hall 2. City Corporation Yard 3. Fritz Burns Park 4. Adams Park 5. Sports Complex on Avenue 50 6. Senior Center 7. As additional City facilities are developed or expanded, collection services shall be provided by the Contractor at no charge to the City. Section 17.2 On -Call Bulky Item Collection SOON f)5 �1 C:\My Documents\WPDOCS\ContWaste2000.wpd 37 June 23, 2000505 The Contractor shall provide bulky item pick up service. Bulky items include things such as appliances, household furniture, carpets, mattresses, trunks, stumps, or limbs of trees in bundles. The trunks, stumps, or limbs of trees should not exceed eighteen (18) inches in diameter nor four (4) feet in length. Homeowner Association and single family unit customers will each be entitled to an unlimited amount of pick- ul2s per calendar year, with a maximum of four (4) items per pick up, for no additional charge. Customers will provide Contractor with a 48-hour notice and the items will be collected on the customer's regular collection day. An additional charge of $10 may be applied to each item exceeding the allowed four (4) item per pick up limit. Contractor, at its sole expense, shall create a brochure describing the on -call, bulky item collection program. The brochure must be approved by the City. Contractor shall send the brochure, at its sole expense, to each customer once per year during the month of February throughout the duration of the contract. Section 17.3 Disaster Debris Cleanup Implementation Plan On or before January 1, 1997, the Contractor (with input from City's representative) shall prepare a draft disaster debris cleanup implementation plan. Said plan shall advise the City concerning the procedures to be followed and the prioritization of debris cleanup in the event of an earthquake, flood, or other natural disaster. The plan shall address the following issues: 1. Establish priorities for disaster cleanup at critical facilities. 2. Outline procedures for reimbursement of costs for disaster debris cleanup. 3. Describe a plan for radio, cellular telephone, ham radio, and other methods of communication for use immediately after the disaster to coordinate the cleanup. 4. List key Contractor and City contact persons, telephone numbers, and other information necessary for communications after a disaster. 5. Provide maps showing proposed sites for stockpiling disaster debris that cannot immediately be transported to a landfill or to a recycling facility. In preparing the draft plan, the Contractor shall refer to similar plans developed for disaster debris cleanup in other cities, counties, and states. The Contractor shall also obtain information concerning disaster debris cleanup efforts after the recent Los Angeles earthquake and the 1989 San Francisco earthquake. 055 CAMy Documents\WPDOCS\ContWaste2000.wpd 38 June 23, 20.90 506 The Contractor shall coordinate development of the disaster debris cleanup plan with Coachella Valley Business Emergency Service Teams so that the plan is consistent with the emergency preparedness plans for the Coachella Valley and with other Coachella Valley cities served by Contractor. The Contractor shall provide the draft disaster debris cleanup plan to the City for review. The Contractor shall discuss the plan with City representatives, and shall incorporate their comments into a final disaster debris cleanup plan. The final plan will be distributed to the appropriate employees of the Contractor and appropriate City employees. Section 17.4 Illegal Dumping Assistance Contractor will provide waste bins to be filled by City personnel and will haul debris which has been illegally dumped upon request from authorized City personnel. This service will be provided up to twelve bins per year. Section 17.5 Special Event Toilet Facilities Contractor will provide up to a maximum of forty (40) portable toilet facilities for special events designated by City over the term of the Agreement subject to Contractor remaining in portable facility business. ARTICLE XVIII HOLIDAYS Section 18.1 Holidays Whenever a collection day falls on a holiday following a weekend (i.e., three-day weekend), Contractor shall provide an alternative collection day, either the day before or the day after the three-day weekend. If a holiday occurs mid -week, Contractor shall provide an alternate collection day during that week. ARTICLE XIX OBLIGATIONS OF CITY Section 19.1 Reasonable Cooperation The City shall reasonably cooperate with the Contractor as may be required to assist the Contractor in performing the services required under this Agreement. Section 19.2 Exclusivity 056 So long as the Contractor is not in breach of this Agreement, the City will not permit any other Person to collect MSW for which the exclusive right to collect has 507 C:\My Documents\WPDOCS\ContWaste2000.wpd 39 June 23, 2000 been granted to the Contractor, from Premises within the City. Nothing contained herein shall be construed to prohibit the City from removing MSW (including trash and demolition debris) on City properties with its own employees or by means of separate contracts with other Persons. ARTICLE XX GENERAL PROVISIONS Section 20.1 Definitions 1. Agreement: "Agreement" means this Agreement between the City and Contractor for the Collection and Disposal of Municipal Solid Waste dated as of , including all exhibits and attachments, and any amendments hereto. 2. Act: "Act" means the California Integrated Waste Management Act of 1989, as amended, Public Resources Code Sections 40000, et seq. 3. Bulky Items: "Bulky Items" means furniture, household or industrial appliances, shipping crates and containers and other large bulky or heavy objects not normally discarded on a regular basis at Residential, Commercial or Industrial Premises. 4. City: "City" means the City of La Quinta, a municipal corporation, and all of the territory lying within the municipal boundaries of the City as presently existing or as such boundaries may be modified during the Term. 5. Collection: "Collection" means collection of MSW and its transportation to a Disposal Site. 6. Contractor: "Contractor" means Waste Management of California, Inc., a California corporation. 7. Commercial Premises: "Commercial Premises" means any premises occupied by stores, offices, and other commercial facilities providing goods and services. 8. Construction and Demolition Waste: "Construction and Demolition Waste" includes waste building materials, packaging and rubble resulting from construction, remodeling, repair and demolition operations on pavement, houses, commercial buildings and other structures. 9. Delivery: "Delivery" of Recyclable Materials by a Waste Generator shall be deemed to occur when Recyclable Materials are deposited in a receptacle or at a location that is designated for Collection pursuant to the City's Municipal Code, or is otherwise discarded. 057 C:\My Documents\WPDOCS\ContWaste2000.wpd 40 June 23, 2000 508 10. Disposal Charge: The portion of the rates in Exhibit A included to cover payment of landfill or transfer station tipping fees. 11. Disposal Site: "Disposal Site" means the solid waste facility or facilities designated by the City for the ultimate disposal (by the Contractor) of MSW collected by the Contractor. The Disposal Site may include, but is not limited to, a solid waste landfill, a solid waste transfer or processing station, or a combination thereof. 12. Environmental Laws: "Environmental Laws" means all federal and state statutes and county and city ordinances concerning public health, safety and environment including, by way of example and not limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Section 6901 et seq.; the Federal Clean Water Act, 33 U.S.C. Section 1351 et seq.; the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq.; the California Hazardous Waste Control Act, California Health and Safety Code Section 25100 et seq.; the Porter -Cologne Water Quality Control Act, California Water Code Section 13000 et seq.; the Safe Drinking Water and Toxic Enforcement Act, California Health and Safety Code Section 25249.5 et seq.; as currently in force or as hereafter amended and all rules and regulations promulgated thereunder. 13. Garbage: "Garbage" means all kitchen and table food waste and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of food stuffs. 14. Hazardous Waste: "Hazardous Waste" means a waste, or combination of wastes, which because of this quantity, concentration or physical, chemical or infectious characteristics, may do either of the following: (1) cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; (2) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of or otherwise managed. Hazardous waste, extremely hazardous waste or acutely hazardous waste in California Health and Safety Code Sections 251 10.02, 25115 and 25117 or in future amendments to or recodifications of such statutes or identified and listed as hazardous waste by the U.S. Environmental Protection Agency pursuant to the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.). 15. Industrial Premises: "Industrial Premises" means premises occupied by manufacturing operations and other industrial facilities. 16. Institutional Premises: "Institutional Premises" means premises occupied by educational, health care, correctional, research and other similar facilities. 17. Municipal Solid Waste: "Municipal Solid Waste" or "MSW" means all discarded putrescible and non-putrescible solid, semi -solid and liquid wastes including Garbage, Refuse, Rubbish, Construction and Demolition Wastes or Bulky Items. (� Q CAMy Documents\WPDOCS\ContWaste2000.wpd 41 June 23, 200050 Qv 5 8 �7 MSW does not include (1) Hazardous Waste, (2) low-level radioactive waste regulated under California Health and Safety Code Section 25800 et seq., (3) untreated medical waste which is regulated pursuant to the Medical Waste Management Act, California Health and Safety Code Section 25015 et seq., or (4) Recyclable Materials which have been Segregated from other Waste Material by the Waste Generator. 18. Officer: "Officer" includes any elected or appointed member of the City Council and all other public officials of the City including but not limited to commission members, City Attorney, City Engineer, City Clerk, and City Manager. 19. Owner: "Owner" means the Person holding legal title to the real property constituting the Premises to which Recyclable Materials collection service is to be provided under this Agreement. 20. Person: "Person" means an individual, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever. 21. Premises: "Premises" means any land or building in the City where Recyclable Materials is generated or accumulated. 22. Recyclable Materials: "Recyclable Materials" means materials which are both (a) capable of being Recycled and (b) Segregated From Other Waste Material for collection and Recycling, rather than collection and disposal. 23. Recycle/Recycling: "Recycle" and "Recycling" mean the process of collecting, sorting, cleaning, treating and reconstituting materials that would otherwise become Municipal Solid Waste and returning these materials to the economic mainstream in the form of raw materials for new, reused or reconstituted products which meet the quality standards to be used in the marketplace. 24. Refuse: "Refuse" includes Garbage and Rubbish. 25. Residential Premises: "Residential Premises" means single family homes, townhouses, multi -unit buildings such as apartments and condominiums, and mobile home parks. 26. Rubbish: "Rubbish" means non-putrescible Solid Wastes such as ashes, paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, plastics, and rubber by-products. 27. Segregated From Other Waste Material: "Segregated From Other Waste Material" means (1) the placement of Recyclable Materials in separate containers by the Waste Generator, (2) the binding of Recyclable Materials separately from other waste material by the Waste Generator, (3) the physical separation of Recyclable Materials from other waste material by the Waste Generator. 059 C:\My Documents\WPDOCS\ContWaste2000.wpd 42 June 23, 2$00 510 28. Term: "Term" means the term of this Agreement. 29. Ton: "Ton" means a short ton of 2,000 pounds avoirdupois. 30. Waste Generator: "Waste Generator" means the Owner or occupant of Premises which initially produce Recyclable Materials. Section 20.2 Right of the City to Make Changes The City may, without amending this Agreement, direct Contractor to cease performing one or more types of service described in Article II, may direct Contractor to modify the scope of one or more such services, may direct Contractor to perform additional MSW collecting and processing services, or may otherwise direct Contractor to modify its performance under any other section of this Agreement in writing. Contractor shall promptly and cooperatively comply with such direction. If such changes cause an increase or decrease in the cost of performing the services, an equitable adjustment in the compensation due Contractor shall be made. If directed by City, Contractor will continue to perform the new or changed service while the appropriate adjustment in compensation is being determined. If the City has directed a change in the scope of work under this Section and either party believes that such change will increase or decrease the costs of providing service, the party which believes Contractor's compensation should be adjusted shall within thirty (30) calendar days submit to the other party a proposed adjustment and the parties shall thereafter meet and discuss the matter. Contractor shall promptly provide all relevant schedules, supporting documentation and other financial information requested by the City to evaluate the necessity for an adjustment and the amount thereof. Within ninety (90) days of the submission of the proposed adjustment, the City will determine the amount of the adjustment, if any, and shall thereafter adjust Contractor's compensation accordingly. Any adjustments will be made effective as of the first day of the following fiscal year and will reflect the incremental cost or saving from the date the change became effective until the date of the rate increase. Section 20.3 Contractor's Status Contractor is and at all times shall be an independent contractor and nothing contained herein shall be construed as (1) making Contractor, or any person employed or engaged by Contractor, an agent or employee of the City, (2) creating a joint venture or partnership between the City and Contractor, or (3) authorizing Contractor to create or assume any obligation or liability for or on behalf of the City. 060 C:\My Documents\WPDOCS\ContWaste2000.wpd 43 June 23, 2000 511 Section 20.4 Force Majeure Either party to the Agreement is excused from default of performance because of conditions not the fault of and beyond its control, such as war, strikes, riots, civil insurrections and acts of God. In the event of strikes, Contractor shall provide alternative means of collecting and processing MSW, subject to prior approval of City. Section 20.5 Failure to Perform If the Contractor is in default as provided in Article IX, or fails to collect materials herein specified for a period in excess of five (5) consecutive scheduled working days, or in the sole judgment of the City fails to operate the system in a satisfactory manner for a similar period, the City may: A. Notify the Contractor of the default and set a hearing to consider termination as provided in Article I, or notify the Contractor by certified mail that the Contractor has failed to perform waste disposal services for a period of five (5) consecutive, scheduled working days, and the City's intent to take over as hereinafter set out and operate such services using Contractor's equipment. Said notification shall state the date and time that the City intends to terminate the Agreement; or B. Use and operate Contractor's equipment itself until such matter is resolved and the Contractor is again able to carry out its operation under this Agreement. Any and all operating expenses incurred by the City in so doing shall be paid to the City by the Contractor within thirty (30) days of billing. If not so paid, it shall accrue interest and be an additional breach of contract. During such period, the liability of the City to Contractor for loss or damage to such equipment so used shall be that of a bailee for hire, ordinary wear and tear being specifically exempt from such liability and burden of proof regarding negligence being that of Contractor. The liability of Contractor to third person shall cease and all claims or demands arising out of the operation of the collection service shall be directed solely to the City. Provided, however, if Contractor is unable for any cause to resume performance at the end of thirty (30) calendar days, all liability of the City under this Agreement to Contractor shall cease and the City shall be free to negotiate with other contractors for the operation of said collection service. Such operation with another contractor shall not release Contractor herein of its liability to the City for such breach of this Agreement. C. In case of termination and City operation, the City shall have access to Contractor's records for the purpose of billing, and shall retain all payments and funds received for the period for which the City provides service. The purpose of the Agreement is to facilitate the orderly collection of MSW and preserving the general health, safety and welfare of City residents. Accordingly, the City has the right to determine when Contractor has not performed services satisfactorily, thereby constituting a failure to perform. C:\My Documents\WPDOCS\ContWaste2000.wpd 44 June 23, 20512 Section 20.6 Sale of Recyclables Unless and until the City has directed the Contractor to deliver the MSW collected to a Transfer Station, the Contractor may salvage materials from the MSW it collects and shall be entitled to retain all revenues it receives from the sale of such recovered materials. The revenue derived from such sales is not included in 'gross receipts" for purposes of calculating the Franchise Fee due to the City. Upon receiving direction from the City to deliver MSW to a Transfer Station, the Contractor shall cease any such salvage efforts. Section 20.7 Rights, Remedies and Benefits Cumulative It is agreed that each and every one of the rights, remedies and benefits provided by this Agreement shall be cumulative, and shall not be exclusive of any other said rights, remedies and benefits, nor of any other rights, remedies and benefits allowed by law. Section 20.8 Waivers One or more waivers of any covenant, agreement or condition of default regarding provisions of this Agreement by either the City or Contractor shall not be construed as a waiver of a further breach of the same covenant, agreement, condition or the right of such party thereafter to enforce each and every provision. Section 20.9 Approval by City Wherever approval by the City is required, it shall mean approval by the City Manager or the City Manager's designee. Section 20.10 Notices Under this Agreement, whenever provision is made for notice of any kind, it shall be deemed sufficient notice, and service thereof if the said notice is in writing and is deposited in the mail in a properly stamped envelope to be delivered by certified mail, addressed as follows: If to the City: Attention: City Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 If to the Contractor: Attention: Division President Waste Management of the Desert 41575 Eclectic Street Palm Desert, CA 92261 062 C:\My Documents\WPDOCS\ContWaste2000.wpd 45 June 23, 20005 1 3 Changes in the respective addresses to which such notices shall be directed may be made from time to time by either party. Notice of any such change in address shall be directed to the other party in writing by certified mail. Section 20.11 Arbitration Any controversy or claims arising out of or relating to this Agreement, or breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court having competent jurisdiction thereof. Such controversy or claim shall be submitted to one arbitrator mutually selected from the local panel of the American Arbitration Association. Each party shall bear its own costs, including attorneys fees, except that Contractor shall be responsible for paying the costs of the arbitrator. Section 20.12 Legal Jurisdiction This Agreement and the rights of the parties hereunder shall be interpreted under the laws of the State of California. Section 20.13 Paragraph Headings The paragraph headings of this Agreement are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. Section 20.14 Entire Agreement This document contains the entire Agreement of the parties hereto with respect to matters covered hereby, and no other agreement, statement or promise made by any party hereto, or agent of such party, which is not contained herein, shall be binding or valid. No purported modification, amendment or other change in this Agreement shall be valid unless set forth in writing, and signed by both Contractor and the City. Section 20.15 Subcontracting This Agreement, or any portion thereof, shall not be subcontracted except with the prior written consent of the City. No such consent shall be construed as making the City a party to such subcontract, or subjecting said City to liability of any kind to any subcontractor. f)6 C:\My Documents\WPDOCS\ContWaste2000.wpd 46 June 23, 2005 14 Section 20.16 Compensation to Contractor A full compensation to the Contractor for all the services to be performed by it under this Agreement, including but not limited to those required by Articles II, III, IV and VII, the Contractor shall be entitled to collect the service fee then in effect for all MSW collected by the Contractor under the terms of this Agreement. No payment is due Contractor from the City. Section 20.17 Fees for Refuse Collection Fees for refuse collection shall be set by resolution of the City Council and shall continue in full force and effect until amended by resolution of the City Council. Section 20.18 Fees for Unusual Conditions For collections requiring special equipment or otherwise not set forth in the Agreement, fees may be charged as shall be agreed upon by the Contractor and the customer. The Contractor shall notify City of said consent in writing. Section 20.19 Change of Ownershia The City, in entering this Agreement, has placed a special value, faith and confidence upon the experience, background and expertise of Contractor in the field of MSW collection, hauling, recycling and marketing. Such faith and confidence being a substantial consideration in the granting of this Agreement, the parties hereto agree therefore that no change of ownership or transfer of stock in the Contractor's business in an amount equal to or grater than ten (10) percent of such ownership or stock shall take place without the prior written consent of the City. Section 20.20 Contractor's Employee Relations Amounts of pay, vacation leave, sick leave, holiday leave, fringe benefits, and other employee -related matters applicable to Contractor's employees shall be wholly within the discretion of Contractor, subject to applicable law. Section 20.21 Bankruptcy If Contractor shall at any time during the term of this Agreement become insolvent, or if proceedings in bankruptcy shall be instituted by or against Contractor, or if Contractor shall be adjudged bankrupt or insolvent by any court, or if a receiver or trustee in bankruptcy or a receiver of any property of Contractor shall be appointed in any suit or proceeding brought by or against Contractor, or if Contractor shall make an assignment for the benefit of creditors, then and in each and every such case, this Agreement and the rights and privileges granted thereby shall immediately cease, determine, and be forfeited and canceled without notice and without suit or other proceeding. .064 C:\My Documents\WPDOCS\ContWaste2000.wpd 47 June 23, 2000515 C:\My Documents\WPDOCS\ContWaste2000.wpd 48 Section 20.22 Invalid Provisions The parties agree that in the event any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity hereof shall in no way affect any other provision in this Agreement if the provision does not materially prejudice either Contractor or the City in their respective rights and obligations hereunder and to that extent the provisions of this Agreement are severable. Section 20.23 Waiver of Performance The failure of either party to insist in any instance upon a strict performance by the other party of any of the provisions, terms, covenants, reservations, conditions or stipulations contained in the Agreement, shall not be considered a waiver thereof, and the same shall continue and remain in full force and effect. No waiver by the City of any provision term, covenant, reservation, condition or stipulation contained in this Agreement shall be deemed to have been made in any instance unless expressed in the form of a resolution by the City Council. Section 20.24 Warranty The Contractor warrants that it has not employed any officer or employee of the City nor offered any gift, gratuity, contingent fee nor any other thing of value to such officer or employee of the City in order to secure his or her assistance in obtaining this contract. The Contractor agrees that it will not, during the Term, give or offer anything of value to a City officer or employee, the offer or receipt of which would violate California law. Section 20.25 Exhibits Exhibits A and B attached hereto are incorporated herein by this reference. Section 20.26 Guaranty by Waste Management Holdings, Inc. Concurrently with the execution of this Agreement, the Contractor shall furnish a written guaranty of its performance hereunder, in form and substance satisfactory to the City, executed by Waste Management, Inc. ARTICLE XXI OTHER OPERATIONAL REQUIREMENTS Section 21.1 Rules and Regulations Governing Recyclable Materials Contractor shall comply with Chapter 6.04 of the City Municipal Code and any amendments thereto. �9 June 23, 200(5 16 Section 21 .2 Cooperation with Subsequent Providers At the expiration of the Term, or in the event of the Agreement's earlier termination under Section 9.1, Contractor, at its own expense, shall cooperate fully with the City to ensure an orderly transition to any and all new service providers. Such cooperation shall include, but not be limited to, providing route maps, route lists and other similar information. Upon expiration, or earlier termination, the City shall have no continuing obligations to Contractor other than those expressly provided for in this Agreement. In connection therewith, Contractor acknowledges that Public Resources Code Section 49520 affords it no rights to notice or continuation of service greater than or different from those provided under this Agreement and agrees to waive whatever rights it may be afforded by Section 49520. Section 21.3 Indemnification Regarding Lawsuits Challenging This Agreement If any lawsuit by any third party is commenced challenging the legality of this Agreement, or challenging the action of the City Council in approving this Agreement, Contractor shall, at its sole cost, and with counsel approved by City, defend, indemnify and hold harmless the City, its officers, employees and agents against such lawsuit(s). If a final judgment of a court of competent jurisdiction determines that this Agreement is illegal or was unlawfully entered into by City, City may elect to terminate this Agreement and in such event Contractor shall have no claim against City for damages of any kind (including but not limited to loss of profits) on any theory. This Agreement, consisting of forty-three (43) pages, not including Exhibits A and B attached hereto, shall be executed in triplicate, of which each executed copy shall have the full force and effect of an original. CITY OF LA QUINTA Date: 0 JOHN J. PENA, Mayor ATTEST: JUNE S. GREEN, City Clerk C:\My Documents\WPDOCS\ContWaste2000.wpd 49 066 June 23, 2000 517 1"7 APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney Date: Date: WASTE MANAGEMENT OF CALIFORNIA, INC. By: President By: Secretary 067 C:\My Documents\WPDOCS\ContWaste2000.wpd I June 23, 2000518 Guaranty THIS GUARANTY (the "Guaranty") is given as of the day of , 2000, by WASTE MANAGEMENT HOLDINGS, INC., a corporation organized under the laws of the State of "lanois Delaware (hereafter "Guarantor"), to the CITY OF LA QUINTA, a municipal corporation (hereafter the "City"). THIS GUARANTY is made with reference to the following facts and circumstances: A. Waste Management of California, Inc. (hereafter "Contractor") is a corporation organized under the laws of the State of California, dba "Was Management of the ", all of the issued and outstanding stock of which is owned by Guarantor. B. Contractor and the City have negotiated (1) an Agreement for the Collection, Transportation and Disposal of Solid Waste, and (2) an Agreement for the Collection and Recycling of Recyclable Materials, each dated as of july 22, 1 , (hereafter collectively referred to as the "Agreements"), under which the Contractor is granted the right to and assumes the duty of collecting Solid Waste and certain Recyclable Materials generated within the City and arrangement for their transport, processing, disposal or reuse. A copy of each of the Agreements is attached hereto and incorporated herein by this reference. C. It is a requirement of the Agreements, and a condition to the City's entering into the Agreements, that Guarantor guaranty Contractor's performance of the Agreements. D. Guarantor is providing this Guaranty to induce the City to enter into the Agreements. NOW, THEREFORE, in consideration of the foregoing, Guarantor agrees as follows: 1. Guaranty of the Agreements. Guarantor hereby irrevocably and unconditionally guarantees to the City payment of all funds necessary to assure the complete and timely performance, satisfaction and observation by Contractor of each and every term and condition of both of the Agreements which Contractor is required to perform, satisfy or observe. In the event that Contractor fails to perform, satisfy or observe any of the terms and conditions of -either of the Agreements, Guarantor will provide the funds required to promptly and fully perform, satisfy or observe them in the place of the 6ontracter. Guarantor hereby guarantees payment to the City of any damages, costs or expenses which might become recoverable by the City from Contractor due to its breach of either or both of the Agreements. CAMy Documents\WPDOCS\ContWaste2000.wpd 2 068 June 23, 2005 1Q 2. Guarantor's Obligations are Absolute. The obligations of the Guarantor hereunder are direct, immediate, absolute, continuing, unconditional and unlimited, and with respect to any payment obligation of Contractor under the Agreements, shall constitute a guarantee of payment and not of collection, and are not conditional upon the genuineness, validity, regularity or enforceability of the Agreements. 3. Waivers. The Guarantor shall have no right to terminate this Guaranty or to be released, relieved, exonerated or discharged from its obligations under it for any reason whatsoever, including, without limitation: (1) the insolvency, bankruptcy, reorganization or cessation of existence of the Contractor; (2) any amendment, modification or waiver of any provision of the Agreements; (3) the actual or purported rejection by a trustee in bankruptcy of the Agreements, or any limitation on any claim in bankruptcy resulting from the actual or purported termination of the Agreements; (4) any waiver, extension, release or modification with respect to any of the obligations of the Agreements guaranteed hereunder or the impairment or suspension of any of the City's rights or remedies against Contractor; or (5) any merger or consolidation of the Contractor with any other corporation, or any sale, lease or transfer of any or all the assets of the Contractor. Without limiting the generality of the foregoing, Guarantor hereby waives the rights and benefits under California Civil Code Section 2819. The Guarantor hereby waives any and all benefits and defenses under California Civil Code Sections 2845, 2849 and 2850, including, without limitation, the right to require the City to (a) proceed against Contractor, (b) proceed against or exhaust any security or collateral the City may hold now or hereafter hold, or (c) pursue any other right or remedy for Guarantor's benefit, and agrees that the City may proceed against Guarantor for the obligations guaranteed herein without taking any action against Contractor or any other guarantor or pledgor and without proceeding against or exhausting any security or collateral the City may hold now or hereafter hold. Guarantor hereby waives any right which it may have to reimbursement from Contractor for amounts disbursed by Guarantor and any right of subrogation to the rights of the City against Contractor, including, without limitation, such rights as may be provided under California Civil Code Sections 2847 and 2848. Guarantor agrees that the City may unqualifiedly exercise in its sole discretion any or all rights and remedies available to it against Contractor or any other guarantor or pledgor without impairing the City's rights and remedies in enforcing this Guaranty. The Guarantor hereby waives and agrees to waive at any future time at the request of the City, to the extent now or then permitted by applicable law, any and all rights which the Guarantor may have or which at anytime hereafter may be conferred upon it, by statute, regulation or otherwise, to avoid any of its obligations under, or to terminate, cancel, quit or surrender this Guaranty. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not affect the liability of the Guarantor hereunder: (a) at any time or from time to time, without notice to the Guarantor, the time for Contractor's performance of or 069 CAMy Documents\WPDOCS\ContWaste2000.wpd 3 June 23, 2000 520 compliance with any of its obligations under the Agreements is extended, or such performance or compliance is waived; (b) the Agreements are modified or amended in any respect; (c) any other indemnification with respect to Contractor's obligations under the Agreements or any security therefor is released or exchanged in whole or in part or otherwise dealt with; or (d) any assignment of the Agreements is effected which does not require the City's approval. The Guarantor hereby expressly waives diligence, presentment, demand for payment or performance, protest and all notices whatsoever, including, but not limited to, notices of non-payment or non-performance, notices of protest, notices of any breach or default, and notices of acceptance of this Guaranty. If all or any portion of the obligations guaranteed hereunder are paid or performed, Guarantor's obligations hereunder shall continue and remain in full force and effect in the event that all or any part of such payment or performance is avoided or recovered directly or indirectly from the City as a preference, fraudulent transfer or otherwise, irrespective of (a) any notice of revocation given by Guarantor or Contractor prior to such avoidance or recovery, and (b) payment in full of any obligations then outstanding. 4. Term. This Guaranty is not limited to any period of time, but shall continue in full force and effect until all of the terms and conditions of both of the Agreements have been fully performed by Contractor, and Guarantor shall remain fully responsible under this Guaranty without regard to the acceptance by the City of any performance bond or other collateral to assure the performance of Contractor's obligations under the Agreements. Guarantor shall not be released of its obligations hereunder so long as there is any claim by the City against Contractor arising out of either of the Agreements based on Contractor's failure to perform which has not been settled or discharged. 5. No Waivers. No delay on the part of the City in exercising any rights under this Guaranty or failure to exercise such rights shall operate as a waiver of such rights. No notice to or demand on Guarantor shall be a waiver of any obligation of Guarantor or right to the City to take other or further action without notice or demand. No modification or waiver of any of the provisions of this Guaranty shall be effective unless it is in writing and signed by the City and by Guarantor, nor shall any waiver be effective except in the specific instance or matter for which it is given. 6. Attorney's Fees. In addition to the amounts guaranteed under this Guaranty, Guarantor agrees to pay actual attorneys' fees and all other costs and expenses incurred by the City in enforcing this Guaranty, or in any action or proceeding arising out of or relating to this Guaranty, including any action instituted to determine the respective rights and obligations of the parties hereunder. 7. Governing Law; Jurisdiction. This Guaranty is and shall be deemed to be a contract entered into in and pursuant to the laws of the State of California and shall be governed and construed in accordance with the laws of California Vyithout regard to its conflicts of laws rules for all purposes, including, but not limited to, matters of C:\My Documents\WPDOCS\ContWaste2000.wpd 4 June 23, 2000 construction, validity and performance. Guarantor agrees that any action brought by the City to enforce this Guaranty may be brought in any court of the State of California and Guarantor consents to personal jurisdiction over it by such courts. Guarantor appoints the following person as its agent for service of process in California: Waste Management of the Desert 41575 Eclectic Street Palm Desert, CA 92261 8. Severability. If any portion of this guaranty is held to be invalid or unenforceable, such invalidity shall have no effect upon the remaining portions of this Guaranty, which shall be severable and continue in full force and effect. 9. Binding on Successors. This Guaranty shall inure to the benefit of the City and its successors and shall be binding upon Guarantor and its successors, including transferee(s) of substantially all of its assets and its shareholder(s) in the event of its dissolution or insolvency. 10. Authority. Guarantor represents and warrants that it has the corporate power and authority to give this Guaranty, that its execution of this Guaranty has been authorized by all necessary action under its Articles of Incorporation and By-laws, and that the person signing this Guaranty on its behalf has the authority to do so. 1 1 . Subordination. Any claims Guarantor may have against Contractor are hereby subordinated to any and all claims of the City against Contractor until such time as the obligations of Contractor to the City are fully satisfied and discharged. 12. Notices. Notice shall be given in writing, deposited in the U.S. mail, registered or certified, first class postage prepaid, addressed as follows: To the City: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attention: City Manager with a copy: City Attorney, at the same address. To the Guarantor: Waste Management Holdings, Inc. Waste Management, Inc. West Group 1001 Fannin, Suite 4000 Houston, TX 77002 522 Attention: General Counsel 071. CAMy Documents\WPDOCS\ContWaste2000.wpd A-1 June 23, 2000 IN WITNESS WHEREOF, Guarantor has executed this Guaranty on the day and year first above written. m m WASTE MANAGEMENT HOLDINGS, INC. President or Vgee President Secretary or Assistant Seeretaiy 5'3 0742 C:\My Documents\WPDOCS\ContWaste2000.wpd A-2 June 23, 2000 EXHIBIT A G L k q � « D 2 « � L m O CL O 2 CL s jell psdod0] A*TMG a ]dune a |&a (D k © E §f E f ƒ / L� ■ o E0 e O w N w q C - Cl) .2 2 2 2 @ - @ ¥ LO q q q 2 � co 3 q q � 2 - 6A 6131 � 2 Mn Mn a) 'a S 'a q / / / k c 2 cu cmm U U / .2 R J } k k k k k C k e a) E G @ [ 7 2 c 7% 2 ®° c m 7%° m J m J E J R 7 J c 7 e m-6= ■_ / ° 2 / ca / 00 @ k k k k x lu £ £ ? £ 7 A- % E . :3 .E o �/. = o . 3 - Co \ C § m / cn 2f 2 � $ 5D ' S . S E / m § 0 0 CD .0 2 m _ -0 2 a) \ c >1 CL2§ % 2 E m m � (D T /"/ k ® a) (D@ 2 / / - k § % ^ k / m 7 k§ (D CO S 2� 0 c b(D § $ L, o CO § 2 ¢ " 2 k E 5 « § 2 E�/2�a ■ '- m / / . tm 2t+C)fk E ° 2 m 0 @ 0.� 2 . @ cn R o 0ƒ27@� o -2 7 t f o0§ . § t (D m 0 Co.0-0 £ ■ x a)-0 F- / / - 0 73 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA SETTING RULES, REGULATIONS AND CONDITIONS GOVERNING THE COLLECTION, TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE AND THE COLLECTION AND RECYCLING OF RECYCLABLE MATERIALS WITHIN THE CITY OF LA QUINTA [To Be Inserted] 5,q 5 074 C:\My Documents\WPDOCS\ContWaste2000.wpd A-4 June 23, 2000 RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE RESTATED AND AMENDED AGREEMENT FOR THE COLLECTION AND RECYCLING OF RECYCLABLE MATERIALS BY AND BETWEEN THE CITY OF LA QUINTA AND WASTE MANAGEMENT OF CALIFORNIA, INC. WHEREAS, Chapter 6.05 of the La Quinta Charter and Municipal Code authorizes the removal and conveyance of recyclable materials; and WHEREAS, City staff has negotiated a Restated and Amended Agreement, pursuant to City Council direction, with Waste Management of California, Inc., for the collection and recycling of recyclable materials. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta that the Restated and Amended Agreement for Collection and Recycling of Recyclable Materials by and between the City of La Quinta and Waste Management of California, Inc., (Attachment 1) is hereby approved. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta City Council, held on this 5th day of July, 2000, by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM DAWN C. HONEYWELL, City Attorney BY M. KATHERINE JENSON, Acting City Attorney 075 CAMy Documents\WPDOCS\ccresoWasteRecy.wpd AMENDED AND RESTATED AGREEMENT FOR THE COLLECTION AND RECYCLING OF RECYCLABLE MATERIALS BETWEEN THE CITY OF LA QUINTA AND WASTE MANAGEMENT OF CALIFORNIA, INC. FOR FISCAL YEAR JUNE 30, 2000 - JULY 30,2008 07 ) CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd Ju&j23, 700 Table of Contents ARTICLE TERM.......................................1 Section 1.1 Term ................................... 1 ARTICLE II SCOPE OF WORK ............................... 1 Section 2.1 Recyclable Materials ......................... 1 Section 2.2 Household Hazardous Wastes ................. 2 Section 2.3 Advisory Obligations of Contractor .............. 3 Section 2.4 Recycling Programs at Special Events ............. 3 Section 2.5 Funds Held in Trust for City ................... 4 ARTICLE III EQUIPMENT AND PERSONNEL ...................... 4 Section 3.1 Collection Vehicles .......................... 4 Section 3.2 Containers ............................... 5 Section 3.3 Employees ............................... 6 Section 3.4 Recycling Coordinator ....................... 6 ARTICLE IV SUPERVISION ................................. 6 Section 4.1 Authority of City ........................... 6 Section 4.2 Public/Customer Service and Accessibility .......... 7 Section 4.3 Complaints ............................... 8 Section 4.4 Customer Information and Public Education ......... 8 ARTICLE V INSURANCE..................................11 Section 5.1 General Liability Insurance .................... 11 Section 5.2 Worker's Compensation and Employer's Liability Insurance ............................... 12 Section 5.3 Notice to City, Evidence of Insurance ............ 12 ARTICLE VI PERFORMANCE BOND .......................... 13 Section 6.1 Performance Bond ......................... 13 ARTICLE VII REPORTS....................................13 Section 7.1 Records and Reports; Recycling Operations ........ 13 Section 7.2 Inspection by City 14 Section 7.3 Maintenance of Financial Records .............. 15 ARTICLE VIII ASSIGNMENT AND SUBCONTRACTING .............. 15 Section 8.1 Assignment and Subcontracting ........:...... 15 ARTICLE IX BREACH, DEFAULT AND TERMINATION .............. 17 Section 9.1 Breach, Default and Termination ............... 17 077 CAMy Documents\WPDOCS\font Waste 2000 Recycl.wpd 2 June 23, 2000 ARTICLE X INDEMNITY .................................. 18 Section 10.1 Indemnification ........................... 18 Section 10.2 Hazardous Substances and CERCLA Indemnification . 20 Section 10.3 AB 939 Indemnification ..................... 21 ARTICLE XI COMPLIANCE WITH ALL LAWS .................... 22 Section 1 1.1 Compliance with All Laws .................... 22 ARTICLE XII TAXES.....................................22 Section 12.1 Taxes .................................. 22 ARTICLE XIII AUTHORIZED RECYCLING AGENT .................. 23 Section 13.1 Authorization ............................ 23 Section 13.2 Exclusive Contract; Limitation on Responsibility of City 23 ARTICLE XIV SALE OR DISPOSITION OF RECYCLABLE MATERIALS .... 24 Section 14.1 Sale or Disposition of Recyclable Materials......... 24 ARTICLE XV COMPENSATION TO CONTRACTOR ................. 24 Section 15.1 Compensation ........................... 24 Section 15.2 Collection of Recyclable Materials for Commercial, Industrial or Institutional Waste Generators Participating in Contractor's Recycling Program .............. 25 ARTICLE XVI HOLIDAYS...................................25 Section 16.1 Holidays ................................ 25 ARTICLE XVII OBLIGATIONS OF CITY .......................... 26 Section 17.1 Obligations of City ......................... 26 ARTICLE XVIII GENERAL PROVISIONS .......................... 26 Section 18.1 Definitions .............................. 26 Section 18.2 Right of the City to Make Changes .............. 29 Section 18.3 Contractor's Status ........................ 29 Section 18.4 Force Majeure ............................ 30 Section 18.5 Failure to Perform ......................... 30 Section 18.6 Rights, Remedies and Benefits Cumulative ........ 31 Section 18.7 Waivers ................................ 31 Section 18.8 Approval by City .......................... 31 Section 18.9 Notices ................................. 31 Section 18.10 Arbitration .............................. 32 Section 18.11 Legal Jurisdiction .......................... 32 Section 18.12 Paragraph Headings ........................ 32 Section 18.13 Entire Agreement .......................... 32 Section 18.14 Subcontracting .......................... 73,2 CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 3 June 23, 2000 078 Section 18.15 Section 18.16 Section 18.17 Section 18.18 Section 18.19 Section 18.20 Section 18.21 Section 18.22 ARTICLE XIX Section 19.1 Section 19.3 Section 19.4 EXHIBITS Change of Ownership ....................... Contractor's Employee Relations ............... Bankruptcy ............................. . Invalid Provisions .......................... Waiver of Performance ...................... Warranty ............................... Exhibits ................................ Guaranty by Waste Management, Inc. ........... OTHER OPERATIONAL REQUIREMENTS .............. Rules and Regulations Governing Recyclable Materials Cooperation with Subsequent Providers .......... Indemnification Regarding Lawsuits Challenging This Agreement .............................. Exhibit A SCOPE OF SERVICES Exhibit B REFUSE COLLECTION RATE AND DISPOSAL CHARGE 32 33 33 33 33 33 34 34 34 34 34 35 079 530 CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 4 June 23, 2000 THE CITY OF LA QUINTA AMENDED AND RESTATED AGREEMENT FOR THE COLLECTION AND RECYCLING OF RECYCLABLE MATERIALS THIS AMENDED AND RESTATED AGREEMENT is made and entered into as of the day of , 2000, by and between the CITY OF LA QUINTA, a municipal corporation (hereinafter referred to as the "City") and WASTE MANAGEMENT OF CALIFORNIA, INC., a California corporation doing business as Waste Management of the Desert (hereinafter referred to as "Contractor"). ARTICLE I TERM Section 1.1 Term The Term of this Amended and Restated Agreement shall commence and shall end July 30, unless earlier terminated as provided herein. ARTICLE II SCOPE OF WORK Section 2.1 Recyclable Materials Contractor shall collect and process Recyclable Materials from all participating Residential, Commercial, Industrial and Institutional Premises located within and under the jurisdiction of the City, in accordance with the requirements set forth in this Agreement. The work to be done by Contractor includes the furnishing of all labor, supervision, equipment, materials, supplies and all other items necessary to perform the services required, including all finances and monies required for performance of the obligations of this Agreement and for financing, working capital and all other operating costs of every kind and description. The enumeration of, and specification of requirements for, particular items of labor or equipment shall not relieve the Contractor of the duty to furnish all others that may be required,, whether enumerated or not. The work to be done by Contractor shall be performed in conformance with Exhibit A and in a thorough, workmanlike and efficient manner to the reasonable satisfaction of the City, so that residents, businesses and institutions within the City are provided reliable, courteous and high quality recycling services at all times. 531 CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 1 June 23, 2000 f� Section 2.2 Household Hazardous Wastes A. General Contractor shall be responsible to act as an agent for City to arrange for household hazardous waste in the circumstances and to the extent provided in Section 2.4, Hazardous Waste Obligations of Contractor, of the Agreement for the collection Transportation and Disposal of Municipal Solid Waste of even date herewith, which Section 2.4 is incorporated herein by reference. B. Additional Obligations 1. Used Motor Oil and Filter Recycling. Waste Management of the Desert will collect and recycle all used motor oil and oil filters from residential properties. This service will be provided on customers' regular trash day at no additional charge. Customers simply place their used filter(s) and oil at the curb for pick-up. Used oil will be placed in clean plastic containers with a lid. The route driver will collect the oil and filters on the same day as the trash collection. Oil filters will be placed inside ziplock baggies. The filters will be thoroughly drained and placed in the bag at the curb. Waste Management of the Desert will begin researching grant funds immediately to provide customers special containers for disposal of oil and filters curbside. 2. Publicity for Used Motor Oil Recycling. Contractor shall publicize the curbside collection of used motor oil from Residential Premises and the collection program available at the Recycle America buy-back center where used motor oil shall be redeemed for value, through various techniques, including but not limited to: with bill; a. Notice on customer's bill or an insert stuffed in envelope b. Press releases and public service announcements; C. Paid advertising, except billboard displays; d. Submitting article for inclusion in City's newsletter; e. Posting of notices in public areas of Contractor's facilities, such as Recycle America buy-back center; f. Distribution of informational flyers to general public at appropriate events and through the mail upon request; and 1 081. CAMy Documents\WPDOCS\Copt Waste 2000 Recycl.wpd 2 June 23, 2000 g. Other methods as specified in Section 4.4 of this Agreement. 3. ABOP Center. Waste Management of the Desert will submit an application for grant funding for an ABOP Center by August 30, 2001. The Center will be housed at Waste Management of the Desert's yard in Palm Desert. The grant application may be submitted on behalf of the other cities and municipalities served by Waste Management of the Desert. 4. Special Events. Contractor shall cooperate in publicizing or otherwise appropriately participating in regional used motor oil collection or promotional events. Contractor's participation may include hosting a table and distributing educational materials, paying for advertising, or otherwise participating in the events. Section 2.3 Advisory Obligations of Contractor Contractor shall provide, at no cost, supportive services to City, Residential, Commercial, Industrial and Institutional Premises occupied by Waste Generators and potential Waste Generators or their agents by providing the following: A. General consultative services on matters related to waste prevention, recycling and composting. B. Technical assistance services, such as the review of site plans, detailed drawings of enclosures for recycling bins or dumpsters and estimated volume and character of Recyclable Materials expected to be generated and/or recovered on a case -by -case basis, as may be required by the Municipal Code or conditions of approval for issuance of a development plan permit. Field trips to review subject property may be required to fulfill Contractor's obligation. C. Attendance of qualified knowledgeable employees at meetings of the City Council, City Planning Commissions, City staff, the Coachella Valley Association of Governments, the Local Task Force, etc. Such attendance shall be coordinated by both parties to this Agreement. Section 2.4 Recycling Programs at Special Events From time to time, the City may require applicants for permits for special events to implement a recycling program to divert MSW generated at the event from the landfill. Special events occurring in the City on a regular basis include the tennis and golf tournaments, conferences, conventions, art shows, concerts and cultural events. At the request of City, Contractor shall assist the special event coordinator(s) in designing and implementing a recycling program for their special event. Reimbursement to Contractor shall be agreed upon by City and the permit appl5413 prior to Contractor commencing work on design and implementation of said special event recycling programs. 0:8,? CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 3 June 23, 2000 Section 2.5 Funds Held in Trust for City In the event that Contractor receives funds, on behalf of City, from ratepayers, the Department of Conservation, the Integrated Waste Management Board, or any other entity, Contractor shall hold said funds in trust for City, indicating on the trust account that City is the owner of said funds and the purpose for which the funds were received. Contractor shall notify City of receipt of such funds within thirty (30) days of receipt. Contractor shall provide City with a quarterly financial status report of the tenth (10th) day of April, July, October and January of each year. The status report shall contain the following information: (1) last balance forward in the account(s), (2) additional revenue received, by source(s), (3) expenditures made (if any) including type, amount and recipient of funds, and (4) ending balance in the account(s). Contractor shall not expend funds in this trust account without prior written approval by the City. ARTICLE III EQUIPMENT AND PERSONNEL Section 3.1 Collection Vehicles Contractor shall furnish sufficient vehicles to maintain a regular schedule of collection. All equipment shall comply with each and all of the applicable provisions of the laws of the State of California and all ordinances, rules and regulations of the City having reference to such matters, features or services. All equipment used within the City shall be maintained in a satisfactory and proper mechanical condition and shall be neat and clean in appearance. Trucks shall be loaded and operated in such a manner that no Recyclable Material shall be spilled in streets or alleys. Should any Recyclable Material be spilled on any street, alley or elsewhere, it shall immediately be cleaned up. A broom, shovel and oil absorbent material shall be carried on each truck at all times for this purpose. If not so cleaned up by the Contractor, the City may clean up same and in such event Contractor shall pay upon demand one hundred fifty percent (150%) of the costs thereof. All collection vehicles will be painted uniformly. The Contractor's name and telephone number shall be shown on each side of each truck in letters at least three (3) inches high. All vehicles and equipment used in the collection of Recyclable Materials, if kept within the boundaries of the City, shall at all times when not in use be kept on private property of appropriate zone and not on streets or other public ways. 534 CAMy Documents\WPDOCS\font Waste 2000 Recycl.wpd 4 June 23, 2000 083 Bodies of trucks shall be metal and shall be so constructed that no Recyclable Materials shall be spilled from said trucks on the streets or alleys. Collection vehicles shall be washed thoroughly on the inside daily and sanitized with a suitable disinfectant at least weekly. In addition, the Contractor shall provide two-way radio communication between the route supervisor and all vehicles. Section 3.2 Containers A. Existfrt_ Recycling Containers. The parties acknowledge that Contractor has distributed recycling containers to participating Waste Generators as follows: 1. Residential (Curbside): Three rigid plastic, stackable crates to each participating residence one to be used for glass and plastic bottles, one for metal cans, and one for newspaper. 2. Residential (Multi -Unit or Centralized Recycling): At least one recycling bin or dumpster, specifically designed to reduce theft and material contamination, to each multi -family residential development or development with centralized recycling. 3. Commercial, Industrial or Institutional: At least one bin or dumpster for each type of Recyclable Material generated for each Premises whose owner/occupant has elected to participate, the size of each bin coordinated with the amount of Recyclable Materials generated, and the storage space available. The containers and bins are and will remain the property of Contractor, who is responsible for maintaining them in proper condition. B. Recycling Containers Replacement. Contractor shall continue the current three box system for recycling which shall include a box for newspapers, cans and all other recyclable material including glass, plastic, metals, aerosol can, supermix, telephone books, and cardborad to the residential curbside collection program. Contractor shall promptly replace lost, stolen or damaged stacking crates, box sets, and recycling bins and dumpsters upon notification by residents, businesses, institutions or the City, at no additional charge to City, the resident, institutional or business. C. New Wheeled Carts. At the residents request, Contractor shall provide, at its sole expense, up to 100 metal wheeled carts for use by City residents in moving their three stacking recycling crates or their boxes to and from the curb on recycling collection day. Contractor shall describe the availability of the wheeled carts in public education materials prepared in accordance with Section 4.4 of this Agreement. 535 W CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 5 June 23, 2000 Residents may either pick up a wheeled cart at Contractor's offices during normal business hours or telephone Contractor's office and request delivery of a wheeled cart. Contractor shall deliver wheeled carts on a once per month basis to all residents that requested a cart during the prior month. Contractor shall make a monthly report to City on the number of wheeled carts requested by, and delivered to, City residents, together with a list of the last name and address of each resident receiving a cart. D. Commingled Recyclables. On or before December 31, 2001, Contractor shall implement a City-wide automated commingled recycling collection program. The commingled recycling collection services shall be provided pursuant to Exhibit "A" - Scope of Services. Section 3.3 Employees Contractor shall furnish such competent and qualified drivers, mechanical, supervisory, clerical or other personnel as may be necessary to provide the services required by this Agreement in a safe and efficient manner and to serve the public in a courteous, helpful and impartial manner. All of Contractor's employees, while collecting Recyclable Materials, shall be required to wear a uniform type of clothing approved by the City. Said uniform shall look freshly cleaned and pressed. Each employee shall at all times carry a valid operator's license for the type of vehicle he or she is driving. Each employee shall, at all times he/she is on duty, carry employment identification which shall be presented to City staff, customers, security guards and law enforcement officers upon request. Section 3.4 Recycling Coordinator Contractor shall provide one full time employee dedicated to planning, promoting, and implementing new and existing recycling and source reduction programs in the Coachella Valley. The Coordinator's time shall be directed toward activities agreed to by the cities with which Contractor holds recycling collection contracts or franchises in the Coachella Valley. Examples of programs which may be planned, publicized and implemented by the Coordinator include school recycling and education programs, expanded curbside recycling programs, holiday greenery programs, etc. ARTICLE IV SUPERVISION Section 4.1 Authority of City 536 The City or the City's agent shall have the right, but not the duty, to inspect at any reasonable time the contractor's operations, equipment and performance of the h CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 6 June 23, 2000 services required by this Agreement to determine whether the Contractor is performing in compliance with the Agreement, the laws of the State of California, City ordinances, and the laws and regulations of any other governmental agency. Contractor shall fully cooperate with the City in such inspections. Except when in the City's sole determination an emergency exists, any inspection pursuant to this section shall require a minimum of twenty-four (24) hours notice prior to the inspection. Section 4.2 Public/Customer Service and Accessibility A. Office: Contractor shall maintain a business office within a ten (10) mile distance from the intersection of Highway 1 1 1 and Washington for purposes of carrying out its obligations under this Agreement. B. Office Hours: Contractor's office shall be open to the public from 8 a.m. to 5 p.m. Monday through Friday, except for holidays. C. Availability of Local Representative: Contractor shall designate one person to serve as its representative to the City on all matters related to recycling. He or she shall be a full-time employee who will serve as local recycling manager, responsible for supervising and coordinating all recycling programs. A knowledgeable representative of the Contractor shall be available during office hours to communicate with the City and members of the public in person and by telephone. D. Telephone: Contractor shall maintain a telephone system in operation at its office during business hours. Contractor shall arrange for its telephone number to be listed in all telephone directories generally distributed in the City and on all of Contractor's bills and invoices. The telephone shall be on a toll -free exchange for all residents of the City. E. Buy Back Recycling Center: Contractor currently operates a state - certified buy back/drop off recycling center where Recyclable Materials may be dropped off and/or sold by City residents, businesses and institutions. Contractor shall continue to operate the center at a location that is within ten (10) miles from the intersection of Highway 1 1 1 and Washington. Contractor shall operate and maintain the center in a safe, aesthetically pleasing and efficient manner. F. Green Waste Processing Facility: At all times that a fully permitted Green Waste Processing facility is operating in the Coachella Valley and accepting Green Waste From the La Quinta area, Contractor shall: (1) Provide free drop off of Green Waste to La Quinta residents, who show proper identification, at Contractor's Recycle America facility located in Palm Desert. Green Waste dropped off by La Quinta residents shall be transported by Contractor to the Green Waste processing facility, and Contractor shall pay a151317hg fees at the facility. "10 CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 7 June 23, 2000 (2) Establish a price that shall be posted at the Contractor's Recycle America facility for which landscapers, commercial, industrial and institutional customers may deliver Green Waste generated in the City to Contractor. Said price shall be based on the cost of handling and transporting the Green Waste to the Green Waste processing facility and paying all tipping fees at said facility. Contractor shall accept all Green Waste delivered by landscapers, commercial, industrial and institutional customers to Contractor's Recycle America facility for the posted price. (3) Provide bins or roll off containers for Green Waste, and Green Waste collection services to commercial, industrial and institutional customers. The fee to be charged for this service shall be the sum of (a) the appropriate Collection Rate then in effect as shown in Exhibit B plus the tipping fee at the Green Waste processing facility. In no event shall the fee charged for providing Green Waste containers and delivery of the collected Green Waste to the Green Waste processing facility exceed the applicable Collection Rate plus the Disposal Charge then in effect. Section 4.3 Complaints Contractor shall be responsible for the prompt and courteous attention to, and prompt and reasonable resolution of, all Waste Generator complaints relevant to service and billing. Complaints shall be investigated within twenty-four (24) hours and appropriate action taken. Contractor shall record in a separate log, the form of which is approved by the City, all complaints, noting the name and address of the complainant, the date and nature of the complaint and the date and nature of resolution. The complaint log shall be available for inspection by the City during normal business hours. In addition, Contractor shall submit, by the 15th day of each month, a copy of the complaint log for the preceding month. Section 4.4 Customer Information and Public Education A. Coordination with City. Prior to January 30 of each year of the Term, Contractor and City shall agree on a Customer Information Plan (the "Plan") and budget for each year of operation. The Plan shall include all of the types of materials and information and the time and manner of dissemination for all of the information required pursuant to this Section 4.5. B. Cost. With the exception of brochures and mailers related to green waste pick up (specified in Exhibit A, Section 132), all customer information brochures and mailers shall be paid by Contractor up to a maximum amount of Twenty Thousand Dollars ($20,000) after which time Contractor and City shall share the cost equally for additional material, production and/or distribution. C. Customer Information Packet. Pursuant to the Plan, Contractor shall provide to City a professionally designed and prepared draft of an information packet that shall describe the curbside recycling program, multi -family recyclin*, 3 087 CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 8 June 23, 2000 program, commercial, industrial and institutional recycling program and the used motor oil recycling program. Said information packet shall list and describe new Recyclable Materials being added to the program, including junk mail, magazines, catalogs, telephone books, holiday greenery, aerosol cans and corrugated cardboard, as well as those materials already collected (newspaper, glass, aluminum cans, steel cans, plastic and used motor oil). 1. A letter from the Mayor and City Council urging residents and businesses to participate; 2. A brochure or pamphlet detailing types of containers available, preparation and storage of materials, collection days and times, and other information; and 3. A prominently displayed telephone number to call for assistance or register a complaint. The language of the packet shall be prepared with sensitivity toward the demographic characteristics of the community, including age and educational background. Graphics selected for the packet shall be well -designed and tasteful. City's "Resort to Recycling" logo shall be included as a graphic element on all packet materials. Final printing shall be done using paper with a minimum of fifty percent (50%) post -consumer content. City shall provide Contractor with comments and edits. Once finalized and printed for distribution, Contractor shall distribute, by a method approved in advance by City, the packet to each Residential, Commercial, Industrial and Institutional Premises in the City within forty-five (45) days of Contractor's receipt of City's comments and edits. Contractor shall mail (first class) a packet to the holder of each new account (residential, commercial and roll -off) commencing MSW collection service during the Term. Contract shall inquire by first class mail regarding the desire of any Person re -starting an account as to receipt of the packet. D. Public Education Booklet with Inserts Pursuant to the Plan, Contractor shall develop and have professionally designed and prepared an information booklet with supplemental inserts, suitable for use by the general public, businesses and institutions of the community, on topics including Green Waste and composting; waste prevention; recycling for the home; the "weekender" recycles; recycling at the office; recycling at school; recycling at a retain business; recycling for the holidays (holiday greenery, greeting cards, wrapping paper); recycling appliances; costs to recycle and benefits of recycling; etc. By April 1, 1-99:7 2002, Contractor shall submit a draft to City. City's "Resort to Recycling" logo shall be included as a graphic element on all materials, including inserts. Final printing shall be done using paper with a minimum of fifty percent (50%) post -consumer conte5t3 9 088, CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 9 June 23, 2000 City shall provide Contractor with comments and edits. Once finalized, Contractor and City shall agree on the Persons to receive booklets, method of distribution and quantity needed. Within thirty (30) days thereafter, Contractor shall print and distribute the booklets by Contractor. E. Consumer Information and Public Education Activities and Miscellaneous Products 1. Meetings, Presentations, Seminars, Workshops, Etc. Contractor shall ensure the attendance of appropriate employees of Contractor, on an as -needed basis, at meetings, presentations, seminars, workshops, etc. Said employees shall be knowledgeable representatives of Contractor. Such meetings or presentations include those to homeowners' associations, business groups, public or private schools and the like. 2. Special Events and Festivities. Contractor shall participate in community -sponsored events and festivities as deemed appropriate by City and Contractor. Such events include La Quinta Arts Festival, Community Picnic SpIOng Festival On Whotewater Park, concerts, public building dedications and the like. Contractor may be a service provider and/or an active participant in the event by hosting a table and providing informational and educational materials. 3. Tours of Contractor's Facilities. Contractor shall, on an occasional basis and by advance appointment, conduct tours of Recycle America and other adjacent facilities, without charge to either City or visitors. Such tours shall be subject to the regulation and convenience of Contractor. 4. City Hall "Resort to Recycling" Event. Contractor shall, at request of City, assist City in planning for the organizing an annual event for City Hall employees to provide reinforcement for the City's recycling efforts at public facilities. Contractor's obligations may include, but are not limited to, attending organizational and planning meetings, making telephone calls, ordering supplies, reproducing handouts, arranging activities with local vendors, preparing press releases and attending the annual event to interact with City Hall employees. 5. Community Resource. Contractor may, from time to time, be contacted by members of, the general public, residents, representatives or agents of businesses, industries or institutions, private or public schools, homeowners' associations, business organizations and the like, with requests for information or assistance. Contractor shall treat such requests with courtesy, responding as fully and completely as possible, including following up by mailing (first class) written materials. F. Public Education and Outreach Efforts on Behalf of Multiple Jurisdictions City reserves the right to participate in a coordinated effort by those other 540 jurisdictions utilizing the services of Contractor, either by contract or franchise, in order to produce a more effective public education and outreach campaign through a planned 089 CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 10 June 23, 2000 and focused approach. Such an effort un the part of such jurisdictions, etirrently . . G. City's Right to Review and Approve All informational and educational materials to be distributed to the general public or customers of Contractor, developed pursuant to this Agreement or otherwise, including Notices to Customers, shall be subject to review and approval by City prior to distribution by Contractor. ARTICLE V INSURANCE Section 5.1 General Liability Insurance The Contractor shall, at Contractor's sole cost and expense, obtain and maintain in full force and effect for the Term each of the following minimum insurance requirements: A. A comprehensive general liability policy with a minimum limit of not less than five million dollars ($5,000,000) combined single limit for bodily injury and property damage, providing at least all of the following minimum coverages, with any self -insured retention not exceeding one hundred thousand dollars ($100,000) per occurrence: 1 . Premises operation; 2. Blanket contractual; and 3. Completed operations. B. A comprehensive automobile liability policy with minimum limit of not less than five million dollars ($5,000,000) combined single limit for bodily injury and property damage, providing coverage for at least any and all leased, owned, hired or non -owned vehicles used by the Contractor in fulfilling the terms of this Agreement, with any self -insured retention not exceeding one hundred thousand dollars ($100,000). Any and all mobile equipment which is not covered under this comprehensive automobile policy shall have said coverage provided for under the comprehensive general liability policy. C. Each of the following endorsements shall be made a part of the 541 above required policies as stipulated below: 090 CAMy Documents\WPDOCS\Cont Waste 2000 Recyclmpd 1 I June 23, 2000 1 . "The City of La Quinta, its employees, officers, agents and contractors are hereby added as additionally insured." 2. "This policy shall be considered primary insurance as respects any other valid and collectable insurance the City of La Quinta may have, and any other insurance the City does possess shall be considered excess insurance only." 3. "The insurance shall act for each insured, and additional insured, as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company." 4. "Thirty (30) days prior written notice shall be given to the City of La Quinta in the event of cancellation, reduction in coverage, or non -renewal of this policy for whatever reason. Such notice shall be sent to: City Manager, City of La Quinta, P. 0. Box 1504. 78-495 Calle Tampico, La Quinta, California 92253." Section 5.2 Worker's Compensation and Employer's Liability Insurance The Contractor shall, at Contractor's sole cost and expense, obtain and maintain in full force and effect for the Term a Worker's Compensation and Employer's Liability policy written in accordance with the laws of the State of California and providing coverage for any and all employees of Contractor. This policy shall provide for: A. Coverage for worker's compensation (Coverage A). B. Coverage for one hundred thousand dollars ($100,000) employer's liability. C. An excess umbrella liability policy with a minimum of not less than five million dollars ($5,OOO,OOO) per occurrence. Section 5.3 Notice to City, Evidence of Insurance Concurrently with executing this Agreement, the Contractor shall furnish the City certificates of each policy of insurance required herein in form and substance satisfactory to the City. Such certificates shall show the type and amount of coverage, effective dates, and dates of expiration of policies, and shall have all required endorsements attached. Renewal certificates shall be furnished periodically to the City to demonstrate maintenance of the required coverages throughout the Term. Any insurance company providing insurance or any surety providing a bond 546. 0 hereunder shall be an admitted insurer/surety in the State of California with a Best rating of at least "A", Class VIII or larger. No change in these requirements may be made without the prior written approval of the City, which it is under no obligation to provide. . . 091. CAMv Documents\WPDOCS\Cont Waste 2000 Recvcl.WDd 12 June 23. 2000 If the Contractor fails to maintain any insurance required by this Agreement, the City may procure and maintain, at the Contractor's expense, such insurance as it may deem appropriate. ARTICLE VI PERFORMANCE BOND Section 6.1 Performance Bond The Contractor shall, at Contractor's sole cost and expense, concurrently with the execution of this Agreement, provide the City with a performance bond issued by a company and in a form satisfactory to the City, in the amount of one million dollars ($1,000,000). The performance bond shall indemnify the City against any losses or expenses sustained in the event of the default or failure of the Contractor to perform in accordance with the terms of this Agreement. Any surety providing a bond hereunder shall be an admitted surety in the State of California with a Best rating of at least "A", Class VIII or larger, unless a change in these requirements has been approved by the City in advance and in writing pursuant to Section 5.3. ARTICLE VII REPORTS Section 7.1 Records and Reports: Recycling Operations Contractor shall file with the City written reports of Contractor's performance. Contractor shall submit to the City the following reports, on forms approved by the City, during the term of this Agreement. 1. Monthly Project Reports. Within fifteen (15) working days after the last day of each month, Contractor shall submit a monthly project report to include at least all of the following: a. Summaries of tonnages of, and total value received for, all Recyclable Materials collected and received at buy-back center, by material. b. Summaries of tonnages of all Recyclable Materials sold, by material. C. Market prices for all Recyclable Materials collected from curbside J45 and sold by Contractor. The weight receipts and sales receipts shall be available for inspection by the City or the City's agent upon request. C:\My Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 13 092 June 23, 2000 d. Resident participation rates, by route, in terms of weekly set -out counts (1, 2, or all 3 crates constitutes one set -out). e. A summary of missed pickups and crate or box replacement, by route, an explanation of noteworthy experiences, and a summary of telephone calls received by category, including inquiries about the program, missed pickups, and container replacement. f. Presentations or contacts made during the prior month to homeowner associations. g. Cost breakdown ("Income Statements" and "Recycling Expenses") in the form currently used or as they may be modified by City for operation of the curbside recycling program for the prior month. 2. Yearly Project Status Reports. Within sixty (60) working days from the end of each calendar year, Contractor shall submit a yearly project status report to include at least all of the following: a. Summary of all revenues and tonnages recovered by material, and participation rates. b. Overall assessment of operational performance during the year. C. Detailed data to allow analysis of collection and processing equipment handling capabilities. d. Discussion of problems and noteworthy experiences in program operation. 3. Reports. All reports for curbside, multifamily, commercial recycling, as well as other programs mutually agreed on by both parties, shall be sent to: City Manager City of La Quinta P. 0. Box 1594 78-495 Calle Tampico La Quinta, CA 92253 Section 7.2 Inspection by City The City or City's agent shall have the right, but not the obligation, to observe and inspect all of the Contractor's operations involved in providing services under this 544 Agreement. In connection therewith, the City shall have the right to enter any of Contractor's facilities, speak to any of Contractor's employees and receive a response to any inquiries directed to such employees, and review and make copies of (at City's 093 CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 14 June 23, 2000 expense) all of Contractor's operational and business records related to this Agreement. If City so requests, Contractor shall make specified personnel available to accompany City employees on inspections. Except when in the City's sole determination an emergency exists, any inspection pursuant to this section shall require a minimum of twenty-four (24) hours notice prior to the inspection. Section 7.3 Maintenance of Financial Records Within ninety (90) days after the close of each calendar year, Contractor shall deliver to the City, as a supplemental report to its audited financial statement submitted pursuant to and under the same terms as Section 7.3 of the Solid Waste Collection and Disposal Agreement, a report showing the following information about the recycling operations conducted pursuant to this Agreement: (a) costs directly attributable to performance of residential curbside, commercial, industrial and institutional recycling operation sunder this Agreement; (b) costs allocated between Contractor's operations under the Solid Waste Collection and Disposal Agreement and this Agreement and the bases for such allocations; (c) the quantity, in Tons, of Recyclable Materials sold during the calendar year by type and grade of material and the total revenue received from such sales; (d) the amount, in Tons, of Recyclable Materials given away without charge to third parties for reuse or for which a disposition cost or landfill tipping fee was paid, and the total amount, if any, paid out; (e) list of businesses, industries and institutions that participate in recycling programs and the types of materials each recycles. The supplemental report shall be prepared by Contractor and shall be accompanied by the opinion of the certified public accountant to the effect that the information in the report has been subjected to the auditing procedures applied in the audit of Contractor's basic financial statements and in its opinion is fairly stated in all material respects. ARTICLE Vlll ASSIGNMENT AND SUBCONTRACTING 545 Section 8.1 Assignment and Subcontracting The Contractor may not assign its rights i or delegate oi otheivvise transfer its obligations unde. this Agreernei it to ai iy other Pei -so, i without the prio; writte, i co, isei it 094 of the 60ty. Any such assignment n jade vvithout the City's consent shall be void and CAMv Documents\WPDOCS\font Waste 2000 Recvcl.wod 15 June 23. 2000 -. + - .. .. .. . ... .. .. - Except as may be provided for in Article (City's Right to Perform Service) neither party shall assign its rights, nor delegate subcontract or otherwise transfer its obligation under this Agreement to any other Person without the prior written consent of the other party. Any such assignment made without the consent of the other party shall be void and the attempted assignment shall constitute a material breach of this Agreement. For purposes of this Section when used in reference to Contractor, "assignment" shall include, but not be limited to (i) a sale exchange or other transfer of substantially all of Contractor's assets dedicated to service under this Agreement to a third party; (ii) a sale, exchange or other transfer of outstanding common stock of Contractor to a third party provided said sale, exchange or transfer may result in a change of control of Contractor; (iii) any dissolution, reorganization consolidation merger, re -capitalization, stock issuance or reissuance voting trust pooling agreement escrow arrangement, liquidation or other transaction to which results in a change of Ownership or control of Contractor; (iv) any assignment by operation of law, including insolvency or bankruptcy, making assignment for the benefit of creditors writ of attachment for an execution being levied against this Agreement appointment of a receiver taking possession of Contractor's property, or transfer occurring in the event of a probate proceeding; and (v) any combination of the foregoing (whether or not in related or contemporaneous transactions) which has the effect of any such transfer or change of Ownership, or change of control of Contractor. Contractor acknowledges that this Agreement involved renderina a vital service to City's residents and businesses, and that City has selected Contractor to perform the services specified herein based on (1) Contractor's experience skill and reputation for conducting its Solid Waste Management operations in a safe effective and responsible fashion at all times in keeping with applicable Environmental Laws regulations and best Solid Waste management practices and (2) Contractor's's financial resources to maintain the required equipment and to support its indemnity_ obligations to City under this Agreement. City has relied on each of these factors among others, in choosing Contractor to perform the services to be rendered by Contractor under this Agreement., CAMy Documents\WPDOCS\Cont Waste 2000 Rec cl.w d 16 June 23, 2000 095, If Contractor requests City's consideration of an consent to an assignment City may deny or approve such request in its complete discretion No request by Contractor for consent to an assignment need be considered by City unless and until Contractor has met the following requirements: A. Contractor shall undertake to pay City its reasonable expenses for attorney fees and investigation costs necessary to investigate the suitability of any proposed assignee, and to review and finalize any documentation required as a condition for approving any such assignment; B. Contractor shall furnish City with audited financial statements of the proposed assignee's operations for the immediate preceding three (3) operating years• C. Contractor shall furnish City with satisfactory proof• M that the proposed assignee has at least ten (10) years of Solid Waste Management experience on a scale equal to or exceeding the sale of operations conducted by Contractor under this Agreement; (ii) that in the last five (5) years the proposed assignee has not suffered any significant citations or other censure from any federal state or local agency having jurisdiction over its Solid Waste management operations due to any significant failure to comply with state, federal or local Environmental Laws and that the assignee has provided City with a complete list of such citations and censures; (iii) that the proposed assignee has at all times conducted its operations in an environmentally safe and conscientious fashion; (iv) that the proposed assignee conducts its Solid Waste management practices in accordance with sound Solid Waste Management practices in full compliance with all federal, state and local laws regulating the collection and Disposal of Solid Waste including Hazardous Substances; and, (v) of any other information required by City to ensure the proposed assignee can fulfill the Terms of this Agreement in a timely, safe and effective manner. Under no circumstances shall City be obligated to consider any proposed assignment by City if Contractor is in default at any time during the period of consideration. ARTICLE IX BREACH, DEFAULT AND TERMINATION Section 9.1 Breach, Default and Termination Breach of any of the terms of this Agreement (or of the Agreement for Collection and Disposal of Municipal Solid Waste entered into between the parties of even date herewith) shall constitute a default under this Agreement. If the Contractor 5 4 f does not cure the default within ten (10) days after notice thereof has been issued by the City, the City may terminate the Agreement as provided in Section 18.5. 09£ CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 17 June 23, 2000 Upon termination of this Agreement, the City shall be at liberty to undertake directly the performance of the work or engage other parties to do so. Termination of this Agreement, as herein provided, shall not terminate, suspend or affect the liability of the Contractor or impair any other remedy for breach of this Agreement the City may have. Upon termination of this Agreement, the City shall have the right to acquire the Contractor's trucks and equipment, paying reasonable value therefor. ARTICLE X INDEMNITY Section 10.1 Indemnification ... .. .. . . . . . ... . . .. . . . . .. . . . . .. . .. . Mr. niffR .. -. ... .. .. . . . - . . . . . i . . . . . . . • ... .. .. .. ' F9w M. .. LW prIM111r.11111 097 CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 18 June 23, 2000 Contractor hereby agrees to and shall indemnify and hold harmless City, its elected and appointed officials, commissions officers employees and agents (collectively, indemnities) from and against any and all loss, liability, penalty, forfeiture claim, demand, action, proceeding or suit in law or equity of any and every kind and description (including, but not limited to injury to and death of any Person and damage to property, or for contribution or indemnity claimed by third parties) arising or resulting from and in any way connected with (1) the negligence or willful misconduct of Contractor, its officers, employees, agents, contractors and/or subcontractors in performing services under this Agreement; (2) the failure of Contractor, its officers employees, agents, contractors and/or subcontractors to comply in all respects with the provisions of this Agreement, applicable laws (including, without limitation the Environmental Laws), ordinances and regulations, and/or applicable permits and licenses; (3) the acts of Contractor, its officers, employees agents contractor and/or subcontractors in performing services under this Agreement for which strict liability is imposed by law (including, without limitation, the Environmental Laws)• (4) claims against City relating to the property tax levy for refuse collection including but not limited to claims for refunds; and (5) any claim that the City has violated state or federal law in granting the franchise or in the City's performances under the Agreement. The foregoing indemnity shall apply regardless of whether such loss liability, penalty, forfeiture, claim, demand, action, proceeding suit injury, death or damage is also caused in part by any of the indemnities' negligence but shall not extend to matters resulting from the indemnities' sole or active negligence willful misconduct of breach of this Agreement. Contractor's duty to indemnify and defend from the aforementioned events arising during the Term of the Agreement and as it may be extended shall survive the expiration or earlier termination of this Agreement. Upon the occurrence of any Claim, Contractor, at Contractor's sole cost and expense, shall defend, with counsel approved by City, the City, its officers, employees, agents, assigns, and volunteers provided, however, that in the event the named parties to any such Claim (including any impleaded parties) include both the Contractor and the City, and if the City has one or more legal defenses available to it which are in direct conflict with the best interests of the Contractor and which therefor preclude the same counsel from representing the City and Contractor jointly, then the City shall have the right to select separate counsel, with the consent of Contractor which will not be withheld unreasonably, at the sole cost and expense of Contractor to pursue such legal defenses and to otherwise participate in the defense of such action on 549 behalf of the City to the extent that joint representation of the City and Contractor is not permissible because of conflicts of interest between the City and Contractor. Contractor's duty to indemnify and defend shall survive the expiration or earlier termination of this Agreement. 093 C:\My Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 19 June 23, 2000 ------------ . Mai mr.limimig . . .. ... .. . .. . . . IF ------------ ... IN .. ... .ill. . ... .. . ... .. . . . .. . . . . . . . .. POP .. .. .. . .. . . . .. . . . . ... . .flow,. .. . . . . .. . . .. . .. . . . . ... 1141 ilk .. .. .. . . . .. .. - Section 10.2 Hazardous Substances Indemnification Contractor shall indemnify, defend with counsel reasonably acceptable to City, protect and hold harmless City, its elected and appointed officials, commissions, officers, employees, and agents (collectively, indemnities) from and against all claims, damages (including, but not limited to, special, consequential, natural resources and 550 punitive damages), injuries, costs (including without limit any and all response remediation and removal costs), losses, demands, debts, liens, liabilities, causes of actions suits, legal or administrative proceedings, interest, fines, charges, penalties attorney's fees for the adverse party and expenses (including without limit attorneys' 099 CAMy Documents\WPDOCS\font Waste 2000 Recycl.wpd 20 June 23, 2000 and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity), (collectively, "Damages") of any kind whatsoever paid, incurred or suffered by, or asserted against, indemnities arising from or attributable to the acts or omissions of Contractor, its officers, directors, employees, companies or agents, whether or not negligent or otherwise culpable, in connection with or related to the performance of this Agreement, including without limit Damages arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any Hazardous Substance, Hazardous Waste, and/or House Hazardous Waste (Collectively, "Waste") in City at any places where Contractor transports, processes, stores or disposes of City Solid Waste, and/or construction and street debris, or other Solid Waste. The foregoing indemnity is intended to operate as an agreement pursuant to § 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act, CERCLA, 42 USC. §9607(e) and California Health and Safety Code §25364, to defend, protect, hold harmless, and indemnify City from liability. This provision is in addition to all other provisions in this Agreement and shall survive the end of the term of this Agreement. The foregoing applies only to facilities owned or operated by Contractor or its Affiliates or any facility that Contractor selects for Disposal of Solid Waste Collected pursuant to this Agreement. Section 10.3 AB 939 Indemnification A. Contractor agrees to defend, with counsel approved by City, indemnify and hold harmless the City against all fines and/or penalties imposed by the California Integrated Waste Management Board ("Board"), if Contractor fails or refuses to provide information relating to its operations which is required under this Agreement and such failure or refusal prevents or delays City from submitting reports required by the Act (AB 939) in a timely manner. B. In addition, Contractor agrees, at its sole cost and expense, to: (1) assist City in responding to inquiries from the Board; (2) assist City in preparing for, and participating in, the Board's biannual review of the City's source reduction and recycling element pursuant to'Public Resources Code Section 41825; (3) assist City in applying for an extension under Public Resources Code Section 41820, if so directed by City; (4) assist City in any hearing conducted by the Board which may culminate in issuance of a compliance Order held under Public Resources Code Section 41825; 1. 0 0 CAMy Documents\WPDOCS\font Waste 2000 Recycl.wpd 21 June 23, 2000 (5) defend, with counsel accepted by City, the City against the imposition of administrative civil penalties by the Board pursuant to Public Resources Code Section 41850; (6) indemnify and hold harmless the City against any such penalties which are levied by the Board except if the failure to attain the diversion requirements of the Act is due to (a) reduction or elimination of recycling programs provided for in this Agreement ordered by City under Section 20.02, 18.2 (b) actions or omissions of a successor contractor so long as City is attaining the diversion requirement during the portion of the calendar year (2000) prior to the expiIation of the Term, or (c) City's failure to comply with applicable laws or to implement programs or take other actions reasonably necessary to attain the diversion requirements of the Act, which have been recommended and substantiated by Contractor in writing. ARTICLE XI COMPLIANCE WITH ALL LAWS Section 1 1.1 Compliance with All Laws Contractor agrees to conform to and abide by all of the rules, regulations and ordinances of the City, and all laws of the State of California or the federal government, governing the collection and hauling of Recyclable Materials. Contractor shall cooperate with the City to facilitate its compliance with laws dealing with the minimization of waste generation and disposal, including maintenance of records and preparation of reports. Contractor agrees to conform to and abide by all the valid rules, regulations and ordinances of any governmental entity through which Recyclable Materials may be hauled governing the collection and hauling of Recyclable Materials. ARTICLE XII TAXES Section 12.1 Taxes The Contractor shall pay all federal, state and local taxes, including sales taxes, social security taxes, etc., which may be chargeable against the labor, material, equipment or other items necessary in the performance of this contract. ARTICLE XIII 5 J `? AUTHORIZED RECYCLING AGENT 101, CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 22 June 23, 2000 Section 13.1 Authorization It is the intent of the City through this Agreement to appoint Contractor as its authorized recycling agent pursuant to Public Resources Code Section 40105. As such, Contractor is entitled to prosecute actions for damages or civil penalties pursuant to Public Resources Code Section 41953, for unauthorized removal of Recyclable Materials placed for collection in the residential curbside program, in violation of Public Resources Code Section 41950. Section 13.2 Exclusive Contract; Limitation on Responsibility of City A. Residential Premises The City will not, during the Term, enter into a contract with, or grant a permit or license to, any other person for the collection of Recyclable Materials from Residential Premises within the City, the City having concluded that the public interest, health and welfare are best served by centralized responsibility for such recycling with the company granted the exclusive franchise to collect and dispose of Municipal Solid Waste. The City shall cooperate with Contractor in legal actions Contractor pursues under Public Resources Code Section 41953 for the unauthorized removal of Recyclable Materials which are its property under Public Resources Code Section 41950(c), provided that such cooperation need not extend to becoming a party in such actions. B. Commercial, Industrial and Institutional Premises The parties recognize that the California Integrated Waste Management Act has been authoritatively interpreted by the California Supreme Court as not providing local government agencies with statutory authority to prohibit the collection of Recyclable Materials from Commercial, Industrial or Institutional Premises when the Person collecting such Recyclable Materials either (a) pays the Generator for them, or (b) removes them without any charge, direct or indirect, to the Generator. The Contractor recognizes that City has made no representations and gives no assurances that the City will take any action to discourage or prohibit other Persons from collecting Recyclable Materials from Commercial, Industrial or Institutional Premises, provided they do not receive compensation fro the Waste Generator for doing so. This Agreement does not authorize Contractor to collect Recyclable Materials placed for collection by other Recyclers at Commercial, Industrial or Institutional Premises. Nor does, this Agreement limit or modify Contractor's exclusive right to collect Municipal Solid Waste, to the extent such right has been5 5J 3 granted by City in the Agreement for Solid Waste Collection, Transportation and Disposal of Municipal Solid Waste. 102 CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 23 June 23, 2000 ARTICLE XIV SALE OR DISPOSITION OF RECYCLABLE MATERIALS Section 14.1 Sale or Disposition of Recyclable Materials. Contractor shall transport and deliver the collected Recyclable Materials to a purchaser, a licensed, permitted or certified recycling facility, or a Person who will use the materials in a process or product and who will not landfill the Recyclable Materials. Contractor shall obtain a certificate of purchase or end use, establishing that the materials delivered have in fact been recycled. No Recyclable Materials collected shall be disposed of on land or through Transformation without the prior written consent of the City. All Recyclable Materials collected by Contractor which are saleable shall be sold at fair market value, which shall mean the highest price commonly paid by purchasers of such materials in the Coachella Valley area at the time of sale. ARTICLE XV COMPENSATION TO CONTRACTOR Section 15.1 Compensation As full and complete compensation for all services required by this Agreement, Contractor shall be entitled to: A. Retain all of the revenues received by it from the sale of Recyclable Materials collected from the recycling programs described in Sections C, D and E of Exhibit A. B. Retain all of the revenues received by it from the sale of Recyclable Materials collected from the recycling programs described in Sections A and B of Exhibit A, except that any net income attributable to such programs shall be divided equally (i.e., 50% to Contractor and 50% to City). "Net income" for purposes of this Section 15.1 B shall be determined annually, on a calendar year basis, and shall be calculated by subtracting from gross revenues earned from the sale of Recyclable Materials the sum of (1) direct operating costs incurred in collecting, handling, processing and transporting residential Recyclable Materials and (2) indirect costs properly attributable to the residential recycling programs under generally accepted accounting principles. 554 The calculation of net income shall be based on Contractor's annual financial statement and the supplemental report provided under Section 7.3 and the City's share shall be tendered concurrently with such statements and reports (i.e., within 90 days after the close of each calendar year). 103 CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 24 June 23, 2000 Contractor will submit financial statements and reports for the final six (6) months of the Term (i.e., January 1 through June 30, ) by March 30, together with the City's share of net income for that period, if any. C. Charge Waste Generators at Residential Premises for alternate service (such as walk-in or backyard), with the prior written approval of the City. D. Charge Waste Generators the rates approved by the City for collection of Municipal Solid Waste ("MSW"), except as provided in Section 15.2 of this Agreement, as to Commercial, Industrial or Institutional Premises which participate in the collection of Recyclable Materials with Contractor. No payment to Contractor is required or expected from the City, except for payments due under Sections 2.4 and 3.2.C. Section 15.2 Collection of Recyclable Materials for Commercial, Industrial or Institutional Waste Generators Participating in Contractor's Recycling Program Contractor shall provide recycling of Recyclable Materials to any Commercial, Industrial or Institutional Waste Generator that requests it. Contractor may retain up to one hundred percent (100%) of the revenue received from the sale of such Recyclable Materials, Contractor may charge the Waste Generator for collection of Recyclable Materials up to but not more than one hundred percent (100%) of the applicable rate (as set out in Exhibit B) for collection of MSW but not including the Disposal Charge component. ARTICLE XVI HOLIDAYS Section 16.1 Holidays Whenever a collection day falls on a holiday following a weekend (i.e., three-day weekend), Contractor shall provide an alternative collection day, either the day before or the day after the three-day weekend. If a holiday occurs mid -week, Contractor shall provide an alternate collection day during that week. ARTICLE XVII OBLIGATIONS OF CITY 5JJ Section 17.1 Obligations of City The City shall reasonably cooperate with the Contractor as may be required to assist the Contractor in performing the services required under this Agreement. 104 CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 25 June 23, 2000 ARTICLE XVIII GENERAL PROVISIONS Section 18.1 Definitions 1. Agreement: "Agreement" means this Agreement between the City and Contractor for the Collection and Recycling of Recyclable Materials dated as of October 6, 1995, including all exhibits and attachments, and any amendments hereto. 2. Act: "Act" means the California Integrated Waste Management Act of 1989, as amended, Public Resources Code Sections 40000, et seq. 3. City: "City" means the City of La Quinta, a municipal corporation, and all of the territory lying within the municipal boundaries of the City as presently existing or as such boundaries may be modified during the Term. 4. Collection: "Collection" means collection of Recyclable Materials and its transportation to a processing facility. 5. Contractor: "Contractor" means Waste Management of California, Inc., a California corporation. 6. Commercial Premises: "Commercial Premises" means any premises occupied by stores, offices, and other commercial facilities providing goods and services. 7. Delivery: "Delivery" of Recyclable Materials by a Waste Generator shall be deemed to occur when Recyclable Materials are deposited in a receptacle or at a location that is designated for Collection pursuant to the City's Municipal Code, or is otherwise discarded. 8. Environmental Laws: "Environmental Laws" means all federal and state statutes and county and city ordinances concerning public health, safety and environment including, by way of example and not limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Section 6901 et seq.; the Federal Clean Water Act, 33 U.S.C. Section 1351 et seq.; the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq.; the California Hazardous Waste Control Act, California Health and Safety Code Section 25100 et seq.; the Porter -Cologne Water Quality Control Act, California Water Code Section 13000 et seq.; the Safe Drinking Water and Toxic Enforcement Act, California Health and Safety Code Section 25249.5 et seq.; as currently in force or as hereafter amended and all rules and regulations promulgated thereunder. 5ar 105 CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 26 June 23, 2000 9. Garbage: "Garbage" means all kitchen and table food waste and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of food stuffs. 10. Green Waste: "Green Waste" means grass clippings, shrubbery, tree trimmings, and other plant material. 1 1 . Hazardous Waste: "Hazardous Waste" means a waste, or combination of wastes, which because of this quantity, concentration or physical, chemical or infectious characteristics, may do either of the following: (1) cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; (2) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of or otherwise managed. Hazardous waste, extremely hazardous waste or acutely hazardous waste in California Health and Safety Code Sections 251 10.02, 25115 and 25117 or in future amendments to or recodifications of such statutes or identified and listed as hazardous waste by the U.S. Environmental Protection Agency pursuant to the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.). 12. Industrial Premises: "Industrial Premises" means premises occupied by manufacturing operations and other industrial facilities. 13. Institutional Premises: "Institutional Premises" means premises occupied by educational, health care, correctional, research and other similar facilities. 14. Municipal Solid Waste: "Municipal Solid Waste" or "MSW" means all discarded putrescible and non-putrescible solid, semi -solid and liquid wastes including Garbage, trash, Refuse, paper, Rubbish, ashes, industrial wastes, Construction and Demolition Wastes, discarded home and industrial appliances, manure, vegetable or animal solid or semi -solid wastes and other discarded substances or materials. MSW does not include (1) Hazardous Waste, (2) low-level radioactive waste regulated under California Health and Safety Code Section 25800 et seq., (3) untreated medical waste which is regulated pursuant to the Medical Waste Management Act, California Health and Safety Code Section 25015 et seq., or (4) Recyclable Materials which have been Segregated from other Waste Material by the Waste Generator. 15. Officer: "Officer" includes any elected or appointed member of the City Council. 16. Owner: "Owner" means the Person holding legal title to the real property constituting the Premises to which Recyclable Materials collection service is to be provided under this Agreement. 557 1 C r� CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 27 June 23, 2000 17. Person: "Person" means an individual, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever. 18. Premises: "Premises" means any land or building in the City where Recyclable Materials is generated or accumulated. 19. Recyclable Materials: "Recyclable Materials" means materials which are both (a) capable of being Recycled and (b) Segregated From Other Waste Material for collection and Recycling, rather than collection and disposal. 20. Recycle/Recycling: "Recycle" and "Recycling" mean the process of collecting, sorting, cleaning, treating and reconstituting materials that would otherwise become Municipal Solid Waste and returning these materials to the economic mainstream in the form of raw materials for new, reused or reconstituted products which meet the quality standards to be used in the marketplace. 21. Refuse: "Refuse" includes Garbage and Rubbish. 22. Residential Premises: "Residential Premises" means single family homes, townhouses, multi -unit buildings such as apartments and condominiums, and mobile home parks. 23. Rubbish: "Rubbish" means non-putrescible Solid Wastes such as ashes, paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, plastics, and rubber by-products. 24. Segregated From Other Waste Material: "Segregated From Other Waste Material" means (1) the placement of Recyclable Materials in separate containers by the Waste Generator, (2) the binding of Recyclable Materials separately from other waste material by the Waste Generator, (3) the physical separation of Recyclable Materials from other waste material by the Waste Generator. 25. Term: "Term" means the term of this Agreement. 26. Ton: "Ton" means a short ton of 2,000 pounds avoirdupois. 27. Waste Generator: "Waste Generator" means the Owner or occupant of Premises which initially produce Recyclable Materials. Section 18.2 Right of the City to Make Changes 558 The City may, without amending this Agreement, direct Contractor to cease performing one or more types of service described in Article II, may direct Contractor to modify the scope of one or more such services, may direct Contractor to perform CAMy Documents\WPDOCS\Copt Waste 2000 Recycl.wpd 28 June 23, 2000 107 additional Recyclable Materials collecting and processing services, or may otherwise direct Contractor to modify its performance under any other section of this Agreement. Contractor shall promptly and cooperatively comply with such direction. If such changes cause an increase or decrease in the cost of performing the services, an equitable adjustment in the compensation due Contractor shall be made. Contractor will continue to perform the new or changed service while the appropriate adjustment in compensation is being determined. If the City has directed a change in the scope of work under this Section and either party believes that such change will increase or decrease the costs of providing service, the party which believes Contractor's compensation should be adjusted shall within thirty (30) calendar days submit to the other party a proposed adjustment and the parties shall thereafter meet and discuss the matter. Contractor shall promptly provide all relevant schedules, supporting documentation and other financial information requested by the City to evaluate the necessity for an adjustment and the amount thereof. Within ninety (90) days of the submission of the proposed adjustment, the City will determine the amount of the adjustment, if any, and shall thereafter adjust Contractor's compensation accordingly. Any adjustments will be made effective as of the first day of the following fiscal year and will reflect the incremental cost or saving from the date the change became effective until the date of the rate increase. Section 18.3 Contractor's Status Contractor is and at all times shall be an independent contractor and nothing contained herein shall be construed as (1) making Contractor, or any person employed or engaged by Contractor, an agent or employee of the City, (2) creating a joint venture or partnership between the City and Contractor, or (3) authorizing Contractor to create or assume any obligation or liability for or on behalf of the City. Section 18.4 Force Majeure Either party to the Agreement is excused from default of performance because of conditions not the fault of and beyond its control, such as war, strikes, riots, civil insurrections and acts of God. In the event of strikes, Contractor shall provide alternative means of collecting and processing Recyclable Materials, subject to prior approval of City. Section 18.5 Failure to Perform 55� If the Contractor is in default as provided in Article IX, or fails to collect materials herein specified for a period in excess of five (5) consecutive scheduled working days, or in the sole judgment of the City fails to operate the system in a satisfactory manner for a similar period, the City may: .; .)\ 1W6 CAMy Documents\WPDOCS\Copt Waste 2000 Recycl.wpd 29 June 23, 2000 A. Notify the Contractor of the default and set a hearing to consider termination as provided in Article I, or notify the Contractor by certified mail that the Contractor has failed to perform waste disposal services for a period of five (5) consecutive, scheduled working days, and the City's intent to take over as hereinafter set out and operate such services using Contractor's equipment. Said notification shall state the date and time that the City intends to terminate the Agreement; or B. Use and operate Contractor's equipment itself until such matter is resolved and the Contractor is again able to carry out its operation under this Agreement. Any and all operating expenses incurred by the City in so doing shall be paid to the City by the Contractor within thirty (30) days of billing. If not so paid, it shall accrue interest and be an additional breach of contract. During such period, the liability of the City to Contractor for loss or damage to such equipment so used shall be that of a bailee for hire, ordinary wear and tear being specifically exempt from such liability and burden of proof regarding negligence being that of Contractor. The liability of Contractor to third person shall cease and all claims or demands arising out of the operation of the collection service shall be directed solely to the City. Provided, however, if Contractor is unable for any cause to resume performance at the end of thirty (30) calendar days, all liability of the City under this Agreement to Contractor shall cease and the City shall be free to negotiate with other contractors for the operation of said collection service. Such operation with another contractor shall not release Contractor herein of its liability to the City for such breach of this Agreement. C. In case of termination and City operation, the City shall have access to Contractor's records for the purpose of billing, and shall retain all payments and funds received for the period for which the City provides service. The purpose of the Agreement is to facilitate the orderly collection of Recyclable Materials and preserving the general health, safety and welfare of City residents. Accordingly, the City has the right to determine when Contractor has not performed services satisfactorily, thereby constituting a failure to perform. Section 18.6 Rights, Remedies and Benefits Cumulative It is agreed that each and every one of the rights, remedies and benefits provided by this Agreement shall be cumulative, and shall not be exclusive of any other said rights, remedies and benefits, nor of any other rights, remedies and benefits allowed by law. Section 18.7 Waivers 560 One or more waivers of any covenant, agreement or condition of default regarding provisions of this Agreement by either the City or Contractor shall not be construed as a waiver of a further breach of the same covenant, agreement, condition or the right of such party thereafter to enforce each and every provision. 10 1) C:\Mv Documents\WPDOCS\Cont Waste 2000 Recvcl.Wnd 30 June 23.2000 Section 18.8 Approval by City Wherever approval by the City is required, it shall mean approval by the City Manager or the City Manager's designee. Section 18.9 Notices Under this Agreement, whenever provision is made for notice of any kind, it shall be deemed sufficient notice, and service thereof if the said notice is in writing and is deposited in the mail in a properly stamped envelope to be delivered by certified mail, addressed as follows: If to the City: Attention: City Manager City of La Quinta Post Office Box 1504 78-495 Calle Tampico La Quinta, CA 92253 If to the Contractor: Attention: Division President Waste Management of the Desert 41575 Eclectic Street Palm Desert, CA 92261 Changes in the respective addresses to which such notices shall be directed may be made from time to time by either party. Notice of any such change in address shall be directed to the other party in writing by certified mail. Section 18.10 Arbitration Any controversy or claims arising out of or relating to this Agreement, or breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court having competent jurisdiction thereof. Such controversy or claim shall be submitted to one arbitrator mutually selected fro the local panel of the American Arbitration Association. Each party shall bear its own costs, including attorneys fees, except that Contractor shall be responsible for paying the costs of the arbitrator. Section 18.11 Legal Jurisdiction This Agreement and the rights of the parties hereunder shall be interpreted under the, laws of the State of California. 5561 Lo CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 31 June 23, 2000 Section 18.12 Paragraph Headings The paragraph headings of this Agreement are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. Section 18.13 Entire Agreement This document contains the entire Agreement of the parties hereto with respect to matters covered hereby, and no other agreement, statement or promise made by any party hereto, or agent of such party, which is not contained herein, shall be binding or valid. No purported modification, amendment or other change in this Agreement shall be valid unless set forth in writing, and signed by both Contractor and the City. Section 18.14 Subcontracting This Agreement, or any portion thereof, shall not be subcontracted except with the prior written consent of the City. No such consent shall be construed as making the City a party to such subcontract, or subjecting said City to liability of any kind to any subcontractor. Section 18.15 Change of Ownership The City, in entering this Agreement, has placed a special value, faith and confidence upon the experience, background and expertise of Contractor in the field of Recyclable Materials collection, hauling, recycling and marketing. Such faith and confidence being a substantial consideration in the granting of this Agreement, the parties hereto agree therefore that no change of ownership or transfer of stock in the Contractor's business in an amount equal to or grater than ten (10) percent of such ownership or stock shall take place without the prior written consent of the City. Section 18.16 Contractor's Employee Relations Amounts of pay, vacation leave, sick leave, holiday leave, fringe benefits, and other employee -related matters applicable to Contractor's employees shall be wholly within the discretion of Contractor, subject to applicable law. Section 18.17 Bankruptcy If Contractor shall at any time during the term of this Agreement become insolvent, or if proceedings in bankruptcy shall be instituted by or against Contractor, or if Contractor shall be adjudged bankrupt or insolvent by any court, or if a receiver or trustee in bankruptcy or a receiver of any property of Contractor shall be appointed in any suit or proceeding brought by or against Contractor, or if Contractor shall make 562 lli CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 32 June 23, 2000 an assignment for the benefit of creditors, then and in each and every such case, this Agreement and the rights and privileges granted thereby shall immediately cease, determine, and be forfeited and canceled without notice and without suit or other proceeding. Section 18.18 Invalid Provisions The parties agree that in the event any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity hereof shall in no way affect any other provision in this Agreement if the provision does not materially prejudice either Contractor or the City in their respective rights and obligations hereunder and to that extent the provisions of this Agreement are severable. Section 18.19 Waiver of Performance The failure of either party to insist in any instance upon a strict performance by the other party of any of the provisions, terms, covenants, reservations, conditions or stipulations contained in the Agreement, shall not be considered a waiver thereof, and the same shall continue and remain in full force and effect. No waiver by the City of any provision term, covenant, reservation, condition or stipulation contained in this Agreement shall be deemed to have been made in any instance unless expressed in the form of a resolution by the City Council. Section 18.20 Warranty The Contractor warrants that it has not employed any officer or employee of the City nor offered any gift, gratuity, contingent fee nor any other thing of value to such officer or employee of the City in order to secure his or her assistance in obtaining this contract. The Contractor agrees that it will not, during the Term, give or offer any thing of value to a City officer or employee, the offer or receipt of which would violate California law. Section 18.21 Exhibits Exhibits A through C attached hereto are incorporated herein by this reference. Section 18.22 Guaranty by Waste Management Holdings, Inc. Concurrently with the execution of this Agreement, the Contractor shall furnish a written guaranty of its performance hereunder, in form and substance satisfactory to the City, executed by Waste Management Holdings, Inc. 563 112 CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 33 June 23, 2000 ARTICLE XIX OTHER OPERATIONAL REQUIREMENTS Section 19.1 Rules and Regulations Governing Recyclable Materials Contractor shall comply with Chapter 6.5 of the City Municipal Code and any amendments thereto. Section 19.2 Air Quality; Alternative Fuel Vehicles Currently, 50% of Contractor's residential and commercial route trucks are low emission vehicles. Contractor agrees to convert 100% of residential and commercial vehicles to low emission fuel by December 31, 2003. For each day past December 31 2003 that the Contractor fails to have 100% of the residential and commercial route trucks powered by low emission fuel, the Contractor shall pay the City $ 500. For the purpose of this section , low emission fuel vehicles include CNG, electric, LNG, fuel cell or other City -approved low emission vehicles Section 19.3 Cooperation with Subsequent Providers At the expiration of the Term, or in the event of the Agreement's earlier termination under Section 9.1, Contractor, at its own expense, shall cooperate fully with the City to ensure an orderly transition to any and all new service providers. Such cooperation shall include, but not be limited to, providing route maps, route lists and other similar information. Upon expiration, or earlier termination, the City shall have no continuing obligations to Contractor other than those expressly provided for in this Agreement. In connection therewith, Contractor acknowledges that Public Resources Code Section 49520 affords it no rights to notice or continuation of service greater than or different from those provided under this Agreement and agrees to waive whatever rights it may be afforded by Section 49520. Section 19.4 Indemnification Regarding Lawsuits Challenging This Agreement If any lawsuit by any third party is commenced challenging the legality of this Agreement, or challenging the action of the City Council in approving this Agreement, Contractor shall, at its sole cost, and with counsel approved by City, defend, indemnify and hold harmless the City, its officers, employees and agents against such lawsuit(s). 5��13 CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 34 June 23, 2000 If a final judgment of a court of competent jurisdiction determines that this Agreement is illegal or was unlawfully entered into by City, City may elect to terminate this Agreement and in such event Contractor shall have no claim against City for damages of any kind (including but not limited to loss of profits) on any theory. This Agreement, consisting of thirty (30) pages, not including Exhibits A, B and C attached hereto, shall be executed in triplicate, of which each executed copy shall have the full force and effect of an original. Date: ATTEST: JUNE S. GREEK, City Clerk APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney Date: Date: CITY OF LA QUINTA By: JOHN J. PENA, Mayor WASTE MANAGEMENT OF CALIFORNIA, INC. By: President By: Secretary 565 114 CAMy Documents\WPDOCS\Copt Waste 2000 Recycl.wpd 35 June 23, 2000 Guaranty THIS GUARANTY (the "Guaranty") is given as of the 22"d day of July, 1996, by WASTE MANAGEMENT HOLDINGS, INC., a corporation organized under the laws of the State of "'Onois Delaware (hereafter "Guarantor"), to the CITY OF LA QUINTA, a municipal corporation (hereafter the "City"). THIS GUARANTY is made with reference to the following facts and circumstances: A. Waste Management of California, Inc. (hereafter "Contractor") is a corporation organized under the laws of the State of California, dba—"waste Management of the ", all of the issued and outstanding stock of which is owned by Guarantor. B. Contractor and the City have negotiated (1) an Agreement for the Collection, Transportation and Disposal of Solid Waste, and (2) an Agreement for the Collection and Recycling of Recyclable Materials, each dated as of Ally 22, 19%, (hereafter collectively referred to as the "Agreements"), under which the Contractor is granted the right to and assumes the duty of collecting Solid Waste and certain Recyclable Materials generated within the City and arrangement for their transport, processing, disposal or reuse. A copy of each of the Agreements is attached hereto and incorporated herein by this reference. C. It is a requirement of the Agreements, and a condition to the City's entering into the Agreements, that Guarantor guaranty Contractor's performance of the Agreements. D. Guarantor is providing this Guaranty to induce the City to enter into the Agreements. NOW, THEREFORE, in consideration of the foregoing, Guarantor agrees as follows: 1. Guaranty of the Agreements. Guarantor hereby irrevocably and unconditionally guarantees to the City payment of all funds necessary to assure the complete and timely performance, satisfaction and observation by Contractor of each and every term and condition of both rof the Agreements which Contractor is required to perform, satisfy or observe. In the event that Contractor fails to perform, satisfy or observe any of the terms and conditions of either of the Agreements, Guarantor will provide the funds required to promptly and fully perform, satisfy or observe them -in the place of the 6ontractor. Guarantor hereby guarantees payment to the City of any damages, costs or expenses which might become recoverable by the City fr666 Contractor due to its breach of either o, both of the Agreements. 115 CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 1 June 23, 2000 2. Guarantor's Obligations are Absolute. The obligations of the Guarantor hereunder are direct, immediate, absolute, continuing, unconditional and unlimited, and with respect to any payment obligation of Contractor under the Agreements, shall constitute a guarantee of payment and not of collection, and are not conditional upon the genuineness, validity, regularity or enforceability of the Agreements. 3. Waivers. The Guarantor shall have no right to terminate this Guaranty or to be released, relieved, exonerated or discharged from its obligations under it for any reason whatsoever, including, without limitation: (1) the insolvency, bankruptcy, reorganization or cessation of existence of the Contractor; (2) any amendment, modification or waiver of any provision of the Agreements; (3) the actual or purported rejection by a trustee in bankruptcy of the Agreements, or any limitation on any claim in bankruptcy resulting from the actual or purported termination of the Agreements; (4) any waiver, extension, release or modification with respect to any of the obligations of the Agreements guaranteed hereunder or the impairment or suspension of any of the City's rights or remedies against Contractor; or (5) any merger or consolidation of the Contractor with any other corporation, or any sale, lease or transfer of any or all the assets of the Contractor. Without limiting the generality of the foregoing, Guarantor hereby waives the rights and benefits under California Civil Code Section 2819. The Guarantor hereby waives any and all benefits and defenses under California Civil Code Sections 2845, 2849 and 2850, including, without limitation, the right to require the City to (a) proceed against Contractor, (b) proceed against or exhaust any security or collateral the City may hold now or hereafter hold, or (c) pursue any other right or remedy for Guarantor's benefit, and agrees that the City may proceed against Guarantor for the obligations guaranteed herein without taking any action against Contractor or any other guarantor or pledgor and without proceeding against or exhausting any security or collateral the City may hold now or hereafter hold. Guarantor hereby waives any right which it may have to reimbursement from Contractor for amounts disbursed by Guarantor and any right of subrogation to the rights of the City against Contractor, including, without limitation, such rights as may be provided under California Civil Code Sections 2847 and 2848. Guarantor agrees that the City may unqualifiedly exercise in its sole discretion any or all rights and remedies available to it against Contractor or any other guarantor or pledgor without impairing the City's rights and remedies in enforcing this Guaranty. The Guarantor hereby waives and agrees to waive at any future time at the request of the City, to the extent now or then permitted by applicable law, any and .all rights which the Guarantor may have or which at anytime hereafter may be conferred upon it, by statute, regulation or otherwise, to avoid any of its obligations under, or to terminate, cancel, quit or surrender this Guaranty. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following 6'7 shall not affect the liability of the Guarantor hereunder: (a) at any time or from tim to time, without notice to the Guarantor, the time for Contractor's performance of or compliance with any of its obligations under the Agreements is extended, or such 116 CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 2 June 23, 2000 performance or compliance is waived; (b) the Agreements are modified or amended in any respect; (c) any other indemnification with respect to Contractor's obligations under the Agreements or any security therefor is released or exchanged in whole or in part or otherwise dealt with; or (d) any assignment of the Agreements is effected which does not require the City's approval. The Guarantor hereby expressly waives diligence, presentment, demand for payment or performance, protest and all notices whatsoever, including, but not limited to, notices of non-payment or non-performance, notices of protest, notices of any breach or default, and notices of acceptance of this Guaranty. If all or any portion of the obligations guaranteed hereunder are paid or performed, Guarantor's obligations hereunder shall continue and remain in full force and effect in the event that all or any part of such payment or performance is avoided or recovered directly or indirectly from the City as a preference, fraudulent transfer or otherwise, irrespective of (a) any notice of revocation given by Guarantor or Contractor prior to such avoidance or recovery, and (b) payment in full of any obligations then outstanding. 4. Term. This Guaranty is not limited to any period of time, but shall continue in full force and effect until all of the terms and conditions of both of the Agreements have been fully performed by Contractor, and Guarantor shall remain fully responsible under this Guaranty without regard to the acceptance by the City of any performance bond or other collateral to assure the performance of Contractor's obligations under the Agreements. Guarantor shall not be released of its obligations hereunder so long as there is any claim by the City against Contractor arising out of either of the Agreements based on Contractor's failure to perform which has not been settled or discharged. 5. No Waivers. No delay on the part of the City in exercising any rights under this Guaranty or failure to exercise such rights shall operate as a waiver of such rights. No notice to or demand on Guarantor shall be a waiver of any obligation of Guarantor or right to the City to take other or further action without notice or demand. No modification or waiver of any of the provisions of this Guaranty shall be effective unless it is in writing and signed by the City and by Guarantor, nor shall any waiver be effective except in the specific instance or matter for which it is given. 6. Attorney's Fees. In addition to the amounts guaranteed under this Guaranty, Guarantor agrees to pay actual attorneys' fees and all other costs and expenses incurred by the City in enforcing this Guaranty, or in any action or proceeding arising out of or relating to this Guaranty, including any action instituted to determine the respective rights and obligations of the parties hereunder. 7. Governing Law; Jurisdiction. This Guaranty is and shall be deemed to b a contract entered into in and pursuant to the laws of the State of California and shab6,9 be governed and construed in accordance with the laws of California without regard to its conflicts of laws rules for all purposes, including, but not limited to, matters of construction, validity and performance. Guarantor agrees that any action brought by 11'7 CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 3 June 23, 2000 the City to enforce this Guaranty may be brought in any court of the State of California and Guarantor consents to personal jurisdiction over it by such courts. Guarantor appoints the following person as its agent for service of process in California: Waste Management of the Desert 41575 Eclectic Street Palm Desert, CA 92261 8. Severability. If any portion of this guaranty is held to be invalid or unenforceable, such invalidity shall have no effect upon the remaining portions of this Guaranty, which shall be severable and continue in full force and effect. 9. Binding on Successors. This Guaranty shall inure to the benefit of the City and its successors and shall be binding upon Guarantor and its successors, including transferee(s) of substantially all of its assets and its shareholder(s) in the event of its dissolution or insolvency. 10. Authority. Guarantor represents and warrants that it has the corporate power and authority to give this Guaranty, that its execution of this Guaranty has been authorized by all necessary action under its Articles of Incorporation and By-laws, and that the person signing this Guaranty on its behalf has the authority to do so. 11. Subordination. Any claims Guarantor may have against Contractor are hereby subordinated to any and all claims of the City against Contractor until such time as the obligations of Contractor to the City are fully satisfied and discharged. 12. Notices. Notice shall be given in writing, deposited in the U.S. mail, registered or certified, first class postage prepaid, addressed as follows: To the City: City of La Quinta 78-495 Calle Tampico P. O. Box 1504 La Quinta, CA 92253 Attention: City Manager with a copy: City Attorney, at the same address. To the Guarantor: Waste Management Holdings, Inc. Irvine,Waste Management, Ine. West Goup 6A 92715S63 1001 Fannin, Suite 4000 Houston, TX 77002 Attention: General Counsel CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 4 June 23, 2000 IN WITNESS WHEREOF, Guarantor has executed this Guaranty on the day and year first above written. WASTE MANAGEMENT HOLDINGS, INC. m m President u, Vice President Secretary or Assistant Secietary 5r0 119 CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd 5 June 23, 2000 EXHIBIT A SCOPE OF SERVICES A. Curbside Residential Recycling (Up to Four Units) 1. Collection. Contractor shall collect and remove all Recyclable Materials, which are segiegated placed in or adjacent to recycling containers at the curbside, from all single-family residences and all residential developments of four (4) or fewer units located in the City where MSW collection service is individual can collection (as opposed to bin or dumpster collection). For those single-family residences and residential developments that are walled communities with private 'streets, Waste Management of the Desert will provide homeowner associations the choice of receiving automated, manual, or commercial recyclable collection services for the entire association. Waste Management of the Desert will meet with each association to determine what type of service best fits the needs of their particular community. Homeowner associations may select a service schedule that meets their diverse needs. alternative recycling methods shall be offered to the honneowneis' associations. Examples of recycling methods are eurbside, walk in or baekyaid, central location contaoneis, or others that may be approved by the Pity. Resolution of conflicts in recycling methodology shall be at the sole discretion of the City. . . .. .. .."1191 �*; 1 ,111, 111 1 1 .... - Single Family Dwelling Unit Recycling. Waste Management of the Desert will collect commingled recvclables at curbside for residential customers every week in a 32 gallon automated recycling cart free of charge. This program will be implemented by December 31, 2001. Recyclables will be collected on the same day as refuse collection. Each cart will have a sticker on the inside of the lid listina the recyclable materials. The following materials will be collected as part of the program: Paper = All grades, including newspaper, catalogs, magazines, junk mail, including envelopes, telephone books, paperback books, cereal boxes, office paper (white, colored, co _ fir, and envelopes), cardboard (all grades, including egg cartons' • Empty aerosol cans; .,".'i CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd A-1 June 23, 2000 Glass - All colors, California Redemption Value and non -redemption value• Aluminum - Cans, foil, and trays; • Bi-metal, tin cans, steel cans; Plastics/resins of all grades, Nos. 1 through 6; and Such other materials as mutually agreed upon in writing by Contractor and City. An additional recycling cart will be provided at no additional extra charge. Residents can exchange their recycling carts once per year at no charge. 3. Time of Collection. Contractor shall collect the Recyclable Materials once per week, regardless of weather conditions. To the extent possible, collection will be on the same day of the week as collection of Municipal Solid Waste. 4. Missed Pickups. In case of a missed pickup called in by a resident or the City, Contractor shall collect the Recyclable Materials from such resident within twenty-four (24) hours. All calls relating to missed pickups shall be logged in by Contractor and such log shall be available for inspection by the City. 5. Public Education Program. Ninety (90) days prior to commencement of the automated GreenWastecommingled recycle collection program, Contractor shall submit to City, at City's request, a draft public education package on the program including: residents; channel; a. draft direct mail brochure and newsletter article; b. draft brochure to accompany delivery of the wheeled carts to C. draft public service announcement for the City's cable television d. draft public service announcement for local radio stations; and e. draft newspaper ad for placement in the Desert Sun. City will provide Contractor with comments on the draft public education package within twenty (20) working days. Contractor shall, at its sole expense: a. Produce and mail the direct mail brochure to City residents three (3) weeks prior to the delivery of the wheeled carts for Green Waste sturage and provide newsletter copy to City; 572 _1.il'*)1. CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd A-2 June 23, 2000 b. Produce the second brochure and deliver it to residents with the wheeled carts; C. Produce the public service announcements for the radio stations and the cable television station. Contractor shall use best efforts to follow up with verbal and written communication to the stations to make sure the public service announcements are run a minimum of ten (10) times in the fourteen (14) days prior to delivery of the wheeled carts and a minimum of ten (10) times after delivery of the wheeled carts is completed; and d. Produce the newspaper ad and submit them to the Desert Sun. Said ads shall run a minimum of two (2) times during the fourteen (14) day period prior to the distribution of the wheeled carts and a minimum of two (2) times after the distribution of the wheeled carts to residents. Said ads shall be a minimum of one sixteenth (1/16th) of a newspaper page in size. B. Residential Green Waste Collection 1. Green Waste Program rrtartttQ.On or b0fvie April 1, 1997, Contractor shall implement a citywide autornated Green Waste collection and recycling piograrn. Automated Green Waste collection services shall be provided to all single family, duplex, and triplex residences in City with the exception of the residences located within gated commercial and mobilehome communities. Contractor shall provide residents with a 96 gallon wheeled cart for Green Waste storage. Contractor shall provide all labor and equipment required to conduct the automated Green Waste collection and recycling program. Contractor shall collect all Green Waste at curbside unless backyard or side yard service is requested by a resident. In the event backyard or side yard service is requested, Contractor shall charge the rate listed on Exhibit B. C. Recycling Programs. 3 1. Cost and Operational Statistics. Contractor shall record the cost, productivity, tons collected, person hours, number of stops, number of participating homes, number of routes and all other data on the automated Green Waste collection programs requested by City. Contractor shall record said data in a format required by City and shall submit said data to City by the tenth (101h) day of each quarter. beginning On March 1997. City reserves the right to request any and all additional information from Contractor needed by City, its auditors and consultants, to evaluate the productivity and cost of the automated Green Waste and Recycling collection programs and to report data to state and federal agencies as required by law. City may, in its sole discretion, conduct efficiency and/or time and motion field studies of 573 C:\My Documents\WPDOCS\Copt Waste 2000 Recycl.wpd A-3 June 23, 2000 the automated Green Waste and Recycling collection programs at any time and for any duration during the term of this Agreement. City reserves the right to request data more frequently than quarterly should City desire to do so. 4 2. Replacement of Lost, Damaged or Stolen Carts. Contractor shall, at its sole expense, provide residents who report damaged wheeled carts with a replacement cart within seventy-two (72) hours of the resident's request. Contractor shall also provide wheeled carts to all new residents that move into City or change residences within City. Contractor shall, at its sole expense, provide residents who report lost or stolen wheeled carts with a replacement cart within seventy-two (72) hours of the resident's request for the first two reports. If a resident reports a third lost or stolen cart, Contractor may charge the customer for a replacement cart. City or Contractor shall maintain complete and accurate records of all wheeled carts delivered to new residents and to residents reporting lost, stolen or damaged carts and shall submit a report to City by the tenth (1Ot') day of each quarter, beginning in March 1997, listing the number of carts so provided. 5 3. Automated Collection Vehicles. Contractor shall utilize the front loader refuse collection vehicles fitted with a collection bin and a mechanical arm on the front of the truck or equivalent equipment as approved by the City Manager or designee for the automated Green Waste and Recycling collection programs. Contractor shall operate said trucks in a safe and efficient manner so as to minimize the blowing or spilling of Green Waste or Recyclables during the collection process. If Green Waste or Recyclables are is spilled or blown by the wind, Contractor shall make all reasonable efforts to clean up and collect all spilled and blown Green Waste or Recyclable materials. G 4. Recycling of Green Waste. All Green Waste collected by Contractor shall be delivered to a facility for recycling, mulching or composting. Ninety (90) days prior to the commencement of the Green Waste Collection program, Contractor shall notify City in writing of the facility where Contractor plans to deliver the Green Waste. Contractor shall not deliver Green Waste to a facility without obtaining the prior consent of the City. In the event that Contractor desires to change the Green Waste processing facility to which Green Waste is being delivered, Contractor shall submit a written request to City at least thirty (30) days prior to the date of the requested change. If it becomes known that the Green Waste processing facility utilized by Contractor is not recycling, mulching or composting the Green Waste collected in City, or is out of compliance with local, state or federal operating permits, laws or regulations, or in processing and/or using Green Waste in such a way that the Green Waste collected from within City will not count as MSW diverted for purposes of AB 939 and any other applicable state or federal law, City reserves the right to direct Contractor to deliver the Green Waste to another processi facility. Pro 3 CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd A-4 June 23, 2000 5. Recyclable Materials. All Recycling loads will be delivered to Waste Management of the Desert's yard in Palm Desert. C. Multi -Unit Residential Recycling (Five Units and Above) 1 . Contractor shall collect and remove all Recyclable Materials which are segregated and placed in or adjacent to multi -family complexes with five or more residential units located in the City and all such complexes with two or more units where MSW collection service is bin or dumpster collection. 2. Multi -Unit Residential Recyclable Materials. Commingled Recyclable Materials to be collected include the same items listed in the "single family dwelling unit recycling" section , catalogs, junk mail, aerosol cans and such other materials as mutually agreed upon in writing by Contractor and City. 6entractor shall provide a report to Gity each year on FeDruary 1 describing the status of 6ontraetoi's efforts to add vv*,e prograrn.. Commingled recycling collection of all items listed above will be provided to multi -family dwelling units at no additional charge. Both carts and 3-yard bins will be used to provide recycling services. Customers will be notified annually of the program requirements. 3. Time of Collection. Contractor shall collect the Recyclable Materials on a regular basis, no less frequently than the time required to fill the bin or dumpster and at least weekly for crates or boxes. 4. Requested Pickups. In the event Contractor missed a normal pickup or the bin or dumpster fills prior to a normal pickup, Contractor shall collect the Recyclable Materials from such complex within twenty-four (24) hours of notice by the City or property manager/owner/tenant. All calls relating to missed or additional pickups shall be logged in by Contractor and such log shall be available for inspection by the City. D. Commercial, Industrial or Institutional Recycling 1. Collection. Contractor shall collect and remove designated Recyclable Materials, which are segregated or commingled and placed in separate bins, from all businesses located in the City which elect to participate in Contractor's recycling program. 2. Recyclable Materials. Recyclable Materials includes glass, corrugated cardboard, computer paper, white paper, mixed office paper and such other materials as mutually agreed upon in writing by Contractor and the City. 5 75 1.24 CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd A-5 June 23, 2000 3. Time of Collection. Contractor shall collect the Recyclable Materials placing a designated location for periodic collection regardless of weather conditions. To the extent possible, collection will be on the same day of the week as regular Municipal Solid Waste collection. 4. Missed Pickups. In case of a missed pickup or full bin or dumpster called in by a business, industry or institution, Contractor shall collect the Recyclable Materials from such business, industry or institution within twenty-four (24) hours. All calls relating to missed or extra pickups shall be logged in by Contractor and such log shall be available for inspection by the City. 5. Curbside Recycling Service for Small Businesses. Contractor shall provide the above -described curbside recycling program for selected small businesses with fewer than 50 employees. Each year, Contractor shall contact thirty (30) small businesses that generate MSW containing the materials collected by the curbside recycling program and invite them to participate in the program. Contractor shall provide a set of three (3) stacking crates or a two (2) box set, or commingled automated crate together with an informational packet describing the program, at no charge, to each business desiring to participate in the curbside recycling program. Contractor shall utilize the existing curbside recycling vehicles and crews to collect Recyclable Materials from the participating businesses. Contractor shall issue a report on October 1 and March 1 of each year listing the small businesses contacted and the businesses actually participating in the curbside recycling program. The list shall include the name of the business, contact person, address, telephone number and type of crates or boxes being used for storage of Recyclable Materials. Said list shall include the names of small businesses contacted that chose not to participate in the program including the reason given for non -participation, and a description of any noteworthy experiences or observations of Contractor with regard to the operation of this program. Contractor shall not be required to pay the participating small businesses for Recyclable Materials collected by the curbside recycling program pursuant to this section. 6. Commercial Premises Wastestream Audit Program. Upon request, Contractor shall perform at no charge a wastestream audit for commercial premises. Said audit shall, at a minimum, identify broad categories of solid waste by type and amount and shall recommend methods of reducing that amount by waste prevention, recycling, reuse or composting. Audit results shall be prepared in writing and forwarded to the requestor within fifteen (15) days of audit field work. Program shall be oriented toward the needs of Commercial Premises, taking into account possible savings and costs. Contractor shall, within six (6) months after the commencement of the Term, submit to City a draft of (1) a press release to announce availability of program and (2) a presentation and brochures for Chamber of Commerce, oth(S ainess associations and distribution to individual businesses. 1 25 CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd A-6 June 23, 2000 City shall provide Contractor with comments and edits on draft materials. Once finalized, Contractor shall, within thirty (30) days, prepare and submit to City a schedule of presentation (by name of organization, date, time, place of presentation). Contractor shall be required to review with City, on or about each January 1 of the Term, the status of this program, including the need to revise materials. Contractor shall report on a quarterly basis the name and address of Commercial Premises for which a wastestream audit was completed, time on part of Contractor to complete audit, estimated waste reduction and actual waste disposed, as well as other noteworthy items. E. City Facility Recycling Program 1. Collection. Contractor shall collect and remove all Recyclable Materials which are segregated and placed in or adjacent to recycling storage containers at all City facilities. 2. City Recyclable Materials. City Recyclable Materials includes glass, corrugated cardboard, metal cans, plastic bottles, newspaper, and mixed office paper (including white paper, computer paper, magazines, junk mail, file folders, and "post it" notes). The mixed office paper may contain. staples. 3. Time of Collection. Contractor shall collect the Recyclable Materials placed in a designated location for periodic collection, regardless of weather conditions. Collections shall be made with sufficient frequency that Recyclable Materials do not overflow the storage containers. 4. Missed Pickups. In case of a missed pickup or full container reported by City, Contractor shall collect the Recyclable Materials from the City facility within twenty-four (24) hours. All calls relating to missed or extra pickups shall be logged in by Contractor and such log shall be available for inspection by City. F. Collection of Holiday Greenery Contractor shall collect Christmas trees and other holiday greenery on regular solid waste collection days during the period December 26 through January 8. Contractor shall prepare a public education flyer, brochure or postcard informing residents of this service. Residents will be instructed to cut holiday greenery into 4- foot lengths and to remove tinsel, lights and ornaments. Flocked trees shall be collected and handled by Contractor as municipal solid waste. Greenery must be placed at curbside for collection by 7:00 a.m. on refuse collection day. The greenery collected by Contractor shall be mulched or chipped and recycled or reused. 126 CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd A-7 June 23, 2000 .. - .. .. .. .. Contractor shall provide City with a report on or before February 10 listing and the pounds/tons of holiday greenery collected at curbside, and the pounds/tons of holiday greenery received at the drop off locations. Said report shall also include a copy of the weight ticket(s) from the recycling, mulching or wood chipping operation where the greenery was recycled or reused. G. Backyard Composting Program Contractor shall implement a backyard composting program, such as the Master Composting program, within City. Contractor shall supply thirty (30) backyard composting units, such as the "Soil Saver" unit or the equivalent, made of recycled plastic or recycled wood, for free, to residents attending the backyard composting workshops. Contractor shall also provide additional composting units at Contractors' cost, to residents requesting such units. Contractor shall sell said units at the composting workshops and shall also have said units available for sale at Contractor's office. Contractor shall present backyard composting workshops at City parks, the Senior Center or other appropriate locations on a semi-annual basis. Contractor shall provide educational brochures on how to utilize the backyard composting units and shall demonstrate the backyard composting techniques at the workshops. Contractor shall advertise the workshops with brochures, posters located in the Senior Center, City Hall and other City facilities as well as through flyers distributed through the schools. Contractor shall also place a minimum of two (2) ads in the Desert Sun newspaper prior to each composting workshop. Contractor shall provide City with a written report on each semi-annual composting workshop listing the number of attendees, the reaction of the public and suggestions for future workshops. 578 127 CAMy Documents\WPDOCS\Cont Waste 2000 Recycl.wpd A-8 June 23, 2000 EXHIBIT B 100% FRANCHISED JULY 2000 2 YARD SERVICE 1 $ 48.34 $ 17.47 $ 3.88 ;$;;69.69 2 $ 84.20 $ 33.29 $ 7.76 $ 125.25 3 $ 116.30 $ 49.21 $ 11.63 $ 179.14 4 $ 152.21 $ 64.99 $ 15.51 $ 232.71 5 $ 186.18 $ 77.59 $ 19.39 $ 283.16 6 $ 220.41 $ 96.54 $ 23.27 $ 340.22 EXTRA EMPTY $ 28.68 3 YARD SERVICE 1 $ 60.67 $ 25.01 5.82 $ 91.50 2 $ 104.42 $ 48.28 11.63 $ 164.33 3 $ 147.22 $ 70.90 17.45 $ 235.57 4 $ 186.84 $ 93.46 23.27 $ 303.57 5 $ 228.98 $ 116.54 29.07 $ 374.59 6 $ 269.68 $ 138.96 34.89 $ 443.53 EXTRA EMPTY $ 39.39 4 YARD SERVICE 1 $ 82.96 $ 33.69 7.76 $ 124.41 2 $ 129.77 $ 63.37 15.51 $ 208.65 3 $ 178.35 $ 92.94 23.27 $ 294.56 4 $ 227.11 $ 122.84 31.01 $ 380.96 5 $ 273.22 $ 152.32 38.76 $ 464.30 6 $ 318.29 $ 181.66 46.51 $ 546.46 EXTRA EMPTY $ 53.30 6 YARD SERVICE 1 $ 124.46 $ 50.10 11.63 $ 186.19 2 $ 194.67 $ 96.18 23.27 $ 314.12 3 $ 267.49 $ 141.13 34.89 $ 443.51 4 $ 340.90 $ 186.09 46.51 $ 573.50 5 $ 409.84 $231.851 58.14 $ 699.83 6 $ 477.47 $ 276.35 69.78 $ 823.60 EXTRA EMPTY $ 79.51 NEW START FEE $ 5.71 RE -START FEE $ 15.00 DELIVERY FEE $ 16.16 LOCKED ENCLOSURE OR BIN PULL-OUT > 35' (per pick-up) $ 4.64 BIN PULL-OUT > 20' $ 26.55 LOCKING CONTAINER $ 51.81 REPLACEMENT LOCKING BAR $ 34.58 SATURDAY (for service < 6x/wk) $ 21.54 • .t 4� 579 U 0 a a� E a� c 0 0 Cl) N � M EA d> — N �+ M M a ++ � 2) N O L U O U N � U W (D D 2 CD a' 2 V 0 t Q E m 1= i M Ln CD V CR CO cC N N .>cu 1� e- N J d � co o) � = — W a a o a ui ui o N Q r a N L o cu o z 2) a M L W W � �- q¢ coo Q O o LL <<< F- F- o O ��� o z W J N Cf) � o O U a Y a LL LU O C LL �? LL c LU O M M V R a zo inofw EXHIBIT C RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA SETTING RULES, REGULATIONS AND CONDITIONS GOVERNING THE COLLECTION, TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE AND THE COLLECTION AND RECYCLING OF RECYCLABLE MATERIALS WITHIN THE CITY OF LA QUINTA [To Be Inserted] 591 130 C:\My Documents\WPDOCS\Copt Waste 2000 Recycl.wpd C-1 June 23, 2000 Tit4t 44a" MEMORANDUM TO: The Honorable Mayor and Members of the City Council FROM: City Clerk June Greek DATE: July 5, 2000 SUBJECT: Additional Materials for Public Hearina Item No. 3 Attached is a proposed section to be inserted into the contract with Waste Management of California. Assistant City Manager Mark Weiss will cover this material with you during the staff report. cc: City Manager 582 PROPOSED INSERT INTO WASTE MANAGEMENT OF CALIFORNIA, INC. CONTRACT Section 15.4 Decision; Effective Date The City shall render a written decision on Contractor's request, either accepting, rejecting, modifying or deferring the same and reciting the basis of its decision. The decision shall be within the sole and absolute discretion of the City Council subject to all applicable laws Any rate increase granted by the City Council under the provisions of this section shall take effect beginning July 1 of that year for commercial industrial rates and January 1 of the following year for residential. 583 JUL-03-00 14:48 FROM:WASTE MGMT ADMIN ID:760 340 2732 PAGE 2/6 Guaranty THIS GUARANTY (the "Guaranty") is given as of the 51h day of July, 2000, by WASTE MANAGEMENT, INC., a corporation organized under the laws of the State of Delaware (hereafter "Guarantor"), to the CITY OF LA QUINTA, a municipal corporation (hereafter the "City"), THIS GUARANTY is made with reference to the following facts and circumstances: A. Waste Management of California, Inc. (hereafter "Contractor") is a corporation organized under the laws of the State of California, all of the issued and outstanding stock of which is owned by Guarantor. B. Contractor and the City have negotiated an Agreement for the Collection, Transportation and Disposal of Solid Waste and the Collection and Recycling of Recyclable Materials, dated as of July 5, 2000 (hereafter collectively referred to as the "Agreement"), under which the Contractor is granted the right to and assumes the duty of collecting Solid Waste and certain Recyclable Materials generated within the City and arrangement for their transport, processing, disposal or reuse_ A copy of the Agreement is attached hereto and incorporated herein by this reference. C. It is a requirement of the Agreement, and a condition to the City's entering into the Agreement, that Guarantor guaranty Contractor's performance of the Agreement. D. Guarantor is providing this Guaranty to induce the City to enter into the Agreement. NOW, THEREFORE, in consideration of the foregoing, Guarantor agrees as follows: 1. Guaranty of the Agreements. Guarantor hereby irrevocably and unconditionally guarantees to the City to take necessary actions, including but not limited to the payment of funds, necessary to assure the complete and timely performance, satisfaction and observation by Contractor of each and every term and condition of the Agreement which Contractor is required to perform, satisfy or observe. In the event that Contractor fails to perform, satisfy or observe any of the terms and conditions of the Agreement, Guarantor will promptly and fully cause the performance of contractor's obligations, either through an affiliate of Guarantor or a third party satisfactory to the City in its reasonable judgment. Guarantor hereby guarantees payment to the City of any damages, costs or expenses which might become recoverable by the City from Contractor due to its breach of the Agreement. 07-03-00 13:46 RECEIVED FROM:7603402732 P.02 JUL-03-00 14:49 FROM=WASTE MGMT ADMIN ID_760 340 2732 PAGE 3/6 2. Guarantor's Obligations are Absolute. The obligations of the Guarantor' hereunder are direct, immediate, absolute, continuing, unconditional and unlimited, :and with respect to any payment obligation of Contractor under the Agreement , shall constitute a guarantee of payment and not of collection. 3. Waivers. The Guarantor shall have no right to terminate this Guaranty or to be released, relieved, exonerated or discharged from its obligations under it far any reason whatsoever, including, without limitation: (1) the insolvency, bankruptcy, reorganization or cessation of existence of the Contractor; (2) any amendment, modification or waiver of any provision of the Agreement; (3) the actual;or purported rejection by a trustee in bankruptcy of the Agreement, or any limitation on any claim in bankruptcy resulting from the actual or purported termination of the Agreement; (4) any waiver, extension, release or modification with respect to any of the obligations of the Agreement guaranteed hereunder or the impairment or suspension of any of the City's rights or remedies against Contractor; or (5) any merger or consolidation of the Contractor with any other corporation, or any sale, lease or transfer of any or all the assets of the Contractor,. Without limiting the generality of the foregoing, Guarantor hereby waives the rights and benefits under California Civil Code Section 2819. The Guarantor hereby waives any and all benefits and defenses under California Civil Code Sections 2845, 2849 and .2850, including, without limitation, the right to require the City to (a) proceed against Contractor, (b) proceed against or exhaust any security or collateral the City may hold now or hereafter hold, or (c) pursue: any other right or remedy for Guarantor's benefit, and agrees that the City may proceed against Guarantor for the obligations guaranteed herein without taking any, action against Contractor or any other guarantor or pledgor and without proceeding against or exhausting any security or collateral the City may hold now or hereafter hold_ Guarantor hereby waives any right which it may have to reimbursement from Contractor for amounts disbursed by Guarantor and any right of subrogation to the rights of the City against Contractor, including, without limitation, such rights as may be provided under California Civil Code Sections 2847 and .2848. Guarantor agrees that the City may unqualifiedly exercise in its sole discretion any or all rights and remedies available to it against Contractor or any other guarantor or pledgor without impairing the City's rights and remedies in enforcing this Guaranty. The; Guarantor hereby expressly waives diligence, presentment, demand for payment or performance, protest and all notices whatsoever, including, but not limited to, notices of non-payment or non-performance, notices of protest, notices of any breach or default, and notices of acceptance of this Guaranty. If all or any portion of the obligations guaranteed hereunder are paid or performed, Guarantor's obligations hereunder shall continue and remain in full force and effect in the event that all or any part of such payment or performance is avoided or recovered 585 07-03-00 13:47 RECEIVED FROM:7603492732 P-03 JUL-03-00 14:49 FROM:WASTE MGMT ADMIM ID:760 340 2732 PAGE 4/6 directly or -indirectly from the City as a preference, fraudulent transfer or otherwise, irrespective of (a) any notice of revocation given by Guarantor or Contractor prior to such avoidance or recovery, and (b) payment in full of any obligations then outstanding. 4. Term. This Guaranty is not limited to any period of time, but shall continue in full force and effect until all of the terms and conditions of the Agreement have been fully performed by Contractor, and Guarantor shall remain fully responsible under this Guaranty without regard to the acceptance by the City of any performance bond or other collateral to assure the performance of Contractor's obligations under the Agreement. Guarantor shall not be released of its obligations hereunder so long as there is any claim by the City against Contractor arising out of & 04-the Agreement based on Contractor's failure to perform which has not been settled or discharged. 5. No Waivgrs. No delay on the part of the City in exercising any rights under this Guaranty or failure to exercise such rights shall operate as a waiver of such rights. No notice to or demand on Guarantor shall be a waiver of any obligation of Guarantor or right to the City to take other or further action without notice or demand. No modification or waiver of any of the provisions of this Guaranty shall be effective unless it is in writing and signed by the City and by Guarantor, nor shall any waiver be effective except in the specific instance or matter far which it is given. 6. Attorney's Fees. In addition to the amounts guaranteed under this Guaranty, 'Guarantor agrees to pay actual attorneys' fees and all other costs and expenses incurred by the City in enforcing this Guaranty, or in any action or proceeding arising out of or relating to this Guaranty, including any action instituted to determine the respective rights and obligations of the parties hereunder. 7. Governing Law: Jurisdiction. This Guaranty is and shall be deemed to be a contract entered into in and pursuant to the laws of the State of California and shall be governed and construed in accordance with the laws of California without regard to its conflicts of laws rules for all purposes, including, but not limited to, matters of construction, validity and performance. Guarantor agrees that any action brought by the City to enforce this Guaranty may be brought in any court of the State of California and Guarantor consents to personal jurisdiction over it by such courts. Guarantor appoints the following person as its agent for service of process in California: CT Corporation System 818 West Seventh Street, 2"a floor Los Anqeles. CA 90017 586 07-03-09 13:47 RECEIVED FROM:7603402732 P.04 JUL-03-00 14:50 FROM=WASTE MGMT ADMIN ID=760 340 2732 PAGE 5/6 H. Severability. If any portion of this guaranty is held to be invalid or unenforceable, such invalidity shall have no effect upon the remaining portions of this Guaranty, which shall be severable and continue in full force and effect. 9. Binding on Successors. This Guaranty shall inure to the benefit of the City and its successors and shall be binding upon Guarantor and its successors, including transferee(s) of substantially all of its assets and its shareholder(s) in the event of its dissoiution or insolvency. 10. Authority. Guarantor represents and warrants that it has the corporate power'and authority to give this Guaranty, that its execution of this Guaranty has been authorized by all necessary action under its Articles of Incorporation and By-laws, and that the person signing this Guaranty on its behalf has the authority to do so. 11. Subordination. Any claims Guarantor may have against Contractor are hereby subordinated to any and all claims of the City against Contractor until such time as the obligations of Contractor to the City are fully satisfied and discharged. 12. Notices. Notice shall be given in writing, deposited in the U.S. mail, registered or certified, first class postage prepaid, addressed as follows: To the City: City of La Quinta 78-495 Calle Tampico P_0.Box 1504 La Quinta, CA 92258 Attention: City Manager with a copv: City Attorney, at the same address. To the Guarantor: Waste Management, Inc. 1001 Fannin, Suite 4000 Houston, TX 77002 Attention: General Counsel IN WITNESS WHEREOF, Guarantor has executed this Guaranty on the day and year first above written. WASTE MANAGEMENT, INC. By: Vice President 587 07-03-00 13:48 RECEIVED FROM:7603402732 P.05 .JUL-03-00 14:SO FROM:WASTE MGMT ADMIM ID:780 340 2732 PAGE SJS By: Secretary 07-03-00 13:48 RECEIVED FROM:7603402732 P•06